[Ord. No. 1245, 8/21/2023]
In granting any variance, the Borough of Emmaus shall attach
the following technical provisions to the proposal for which the variance
has been granted. These conditions and safeguards are necessary in
order to protect the public health, safety, and welfare of the residents
of the municipality.
[Ord. No. 1245, 8/21/2023]
1.
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse until all adjacent municipalities which may
be affected by such action have been notified by the municipality,
and until all required permits or approvals have been first obtained
from DEP.
2.
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse unless it can be shown that the activity will
not reduce or impede the flood-carrying capacity of the watercourse
in any way.
3.
In addition, FEMA and PA DCED shall be notified prior to any alteration
or relocation of any watercourse.
4.
The municipality shall require technical or scientific data to be
submitted to FEMA for a letter of map revision (LOMR) within six months
of the completion of any new construction, development, or other activity
resulting in changes in the BFE. A LOMR or conditional letter of map
revision (CLOMR) is required for: 1) any development that causes a
rise in the base flood elevations within the floodway; or 2) any development
occurring in Zones A1-30 and Zone AE without a designated floodway
which will cause a rise of more than one foot in the base flood elevation;
or 3) any alteration or relocation of a stream (including but not
limited to installing culverts and bridges). The applicant shall (as
per 44 CFR 65.12):
A.
Apply to FEMA for conditional approval of such action prior to permitting
the encroachments to occur.
B.
Upon receipt of the Administrator's conditional approval of
map change and prior to approving the proposed encroachments, a community
shall provide evidence to FEMA of the adoption of floodplain management
ordinances incorporating the increased base flood elevations and/or
revised floodway reflecting the post-project condition.
C.
Upon completion of the proposed encroachments, the applicant shall
provide as-built certifications to the Borough of Emmaus. FEMA will
initiate a final map revision upon receipt of such certifications
in accordance with 44 CFR Part 67.
[Ord. No. 1245, 8/21/2023]
1.
Any new residential construction or substantial improvement shall
have the lowest floor (including basement) elevated up to, or above,
the regulatory flood elevation. The design and construction standards
and specifications contained in the Borough of Emmaus Building Code
shall be used. In AO Zones, any new construction or substantial improvement
shall have the lowest floor (including basement) at, or above, the
highest adjacent grade at least as high as the elevation specified
on the FIRM.
2.
Any new nonresidential construction or substantial improvement of
a nonresidential structure shall have the lowest floor (including
basement) elevated up to, or above, the regulatory flood elevation,
or be designed and constructed so that the space enclosed below the
regulatory flood elevation is floodproofed so that the structure is
watertight with walls substantially impermeable to the passage of
water, and has structural components with the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy. In AO
Zones, any new construction or substantial improvement shall have
the lowest floor (including basement) at, or above, the highest adjacent
grade at least as high as the elevation specified on the FIRM.
3.
Any nonresidential structure, or part thereof, made watertight below
the regulatory flood elevation shall be floodproofed in accordance
with the W1 or W2 space classification standards contained in the
publication entitled "Flood-Proofing Regulations" published by the
U.S. Army Corps of Engineers (May 2000, as amended) or with some other
equivalent standard. All plans and specifications for such floodproofing
shall be accompanied by a statement certified by a registered professional
engineer or architect which states that the proposed design and methods
of construction are in conformance with the above-referenced standards.
4.
The design and construction standards and specifications contained
in the Borough of Emmaus Building Code shall be used.
[Ord. No. 1245, 8/21/2023]
1.
Fully enclosed space below the lowest floor (excluding basements)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "fully enclosed space" also includes crawl spaces.
2.
Designs for meeting this requirement must either be certified by
a registered professional engineer or architect, or meet or exceed
the following minimum criteria:
A.
Minimum of two openings having a net total area of not less than
one square inch for every square foot of enclosed space.
B.
The bottom of all openings shall be no higher than one foot above
grade.
C.
Openings may be equipped with screens, louvers, etc., or other coverings
or devices, provided that they permit the automatic entry and exit
of floodwaters.
[Ord. No. 1245, 8/21/2023]
1.
Structures accessory to a principal building need not be elevated
or floodproofed to remain dry, but shall comply, at a minimum, with
the following requirements:
A.
The structure shall not be designed or used for human habitation,
but shall be limited to the parking of vehicles, or to the storage
of tools, material, and equipment related to the principal use or
activity.
B.
Floor area shall not exceed 100 square feet.
C.
The structure will have a low damage potential.
D.
The structure will be located on the site so as to cause the least
obstruction to the flow of floodwaters.
E.
Power lines, wiring, and outlets will be elevated to the regulatory
flood elevation.
F.
Permanently affixed utility equipment and appliances such as furnaces,
heaters, washers, dryers, etc., are prohibited.
G.
Sanitary sewer facilities are prohibited.
2.
The structure shall be adequately anchored to prevent flotation or
movement and shall be designed to automatically provide for the entry
and exit of floodwater for the purpose of equalizing hydrostatic forces
on the walls. Designs for meeting this requirement must either be
certified by a registered professional engineer or architect, or meet
or exceed the following minimum criteria:
A.
A minimum of two openings having a net total area of not less than
one square inch for every square foot of enclosed space.
B.
The bottom of all openings shall be no higher than one foot above
grade.
C.
Openings may be equipped with screens, louvers, etc., or other coverings
or devices, provided that they permit the automatic entry and exit
of floodwaters.
[Ord. No. 1245, 8/21/2023]
1.
Where permitted by variance within the Flood Hazard District, all
manufactured homes, and any improvements thereto, shall be:
A.
Placed on a permanent foundation.
B.
Elevated so that the lowest floor of the manufactured home is at,
or above, regulatory flood elevation.
C.
For all ductwork and utilities, including HVAC/heat pumps, elevated
to regulatory flood elevation.
D.
Anchored to resist flotation, collapse, or lateral movement.
E.
Prohibited within the area measured 50 feet landward from the top-of-bank
of any watercourse.
2.
Installation of manufactured homes shall be done in accordance with
the manufacturer's installation instructions. Where the applicant
cannot provide the above information, the more restrictive requirements
of the Borough of Emmaus Building Code or the U.S. Department of Housing
and Urban Development's Permanent Foundations for Manufactured
Housing, September 1996 Edition, as amended, shall apply.
3.
Consideration shall be given to the installation requirements of
the Borough of Emmaus Building Code or the most recent revisions thereto
where appropriate and/or applicable to units where the manufacturer's
standards for anchoring cannot be provided or were not established
for the proposed installation.
[Ord. No. 1245, 8/21/2023]
[Ord. No. 1245, 8/21/2023]
1.
Any new or substantially improved structure which will be used for
the production or storage of any of the following dangerous materials
or substances; or will be used for any activity requiring the maintenance
of a supply of more than 550 gallons, or other comparable volume,
of any of the following dangerous materials or substances on the premises;
or will involve the production, storage, or use of any amount of radioactive
substances shall be subject to the provisions of this section, in
addition to all other applicable provisions. The following is a list
of materials and substances that are examples considered dangerous
to human life:
A.
Acetone.
B.
Ammonia.
C.
Benzene.
D.
Calcium carbide.
E.
Carbon disulfide.
F.
Celluloid.
G.
Chlorine.
H.
Hydrochloric acid.
I.
Hydrocyanic acid.
J.
Magnesium.
K.
Nitric acid and oxides of nitrogen.
L.
Petroleum products (gasoline, fuel oil, etc.).
M.
Phosphorus.
N.
Potassium.
O.
Sodium.
P.
Sulfur and sulfur products.
Q.
Pesticides (including insecticides, fungicides, and rodenticides).
R.
Radioactive substances, insofar as such substances are not otherwise
regulated.
This nonexhaustive list is not intended to be inclusive of all
toxic chemicals dangerous to humans and aquatic life.
2.
Within any Floodway Area, any structure of the kind described in Subsection 1, above, shall be prohibited. No variance shall be granted.
3.
Where permitted by a variance within the floodplain area, any new or substantially improved structure of the kind described in Subsection 1, above, shall be:
A.
Elevated or designed and constructed to remain completely dry up
to regulatory flood elevation.
B.
Designed to prevent pollution from the structure or activity during
the course of a 100-year base flood elevation.
C.
Any such nonresidential structure, or part thereof, that will be
built below the regulatory flood elevation shall be designed and constructed
in accordance with the standards for completely dry floodproofing
contained in the publication "Flood-Proofing Regulations" (U.S. Army
Corps of Engineers, May 2000, as amended), or with some other equivalent
watertight standard.
[Ord. No. 1245, 8/21/2023]
1.
Within any identified floodplain area, the use of fill shall be prohibited.
If a variance is obtained in accordance with the criteria in Parts
7 and 8, then the following provisions apply. Fill shall:
A.
Extend laterally at least 15 feet beyond the building line from all
points.
B.
Consist of soil or small rock materials only.
C.
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling.
D.
Be no steeper than one vertical to two horizontal feet unless substantiated
data justifying steeper slopes are submitted to, and approved, by
the Floodplain Administrator.
E.
Be used to the extent to which it does not adversely affect adjacent
properties.
[Ord. No. 1245, 8/21/2023]
Storm drainage facilities shall be designed to convey the flow
of stormwater runoff in a safe and efficient manner. The system shall
ensure proper drainage along streets and provide positive drainage
away from buildings. The system shall also be designed to prevent
the discharge of excess runoff onto adjacent properties.
[Ord. No. 1245, 8/21/2023]
1.
All new or replacement water supply and sanitary sewer facilities
and systems shall be located, designed, and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
2.
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
3.
No part of any on-site sewage system shall be located within any
Flood Hazard District except in strict compliance with all state and
local regulations for such systems. If any such system is permitted,
it shall be located so as to avoid impairment to it, or contamination
from it, during a flood.
4.
The design and construction provisions of the Borough of Emmaus Building
Code and FEMA #P-348, Protecting Building Utilities From Flood Damages,
and the International Private Sewage Disposal Code shall be utilized.
[Ord. No. 1245, 8/21/2023]
All other utilities such as gas lines, electrical and telephone
systems shall be located, elevated (where possible) and constructed
to minimize the chance of impairment during a flood.
[Ord. No. 1245, 8/21/2023]
The finished elevation of all new streets shall be no more than
one foot below the regulatory flood elevation.
[Ord. No. 1245, 8/21/2023]
All materials that are buoyant, flammable, explosive, or in times of flooding could be injurious to human, animal, or plant life, and not listed in § 8-808, Development Which May Endanger Human Life, shall be stored at, or above, the regulatory flood elevation and/or floodproofed to the maximum extent possible.
[Ord. No. 1245, 8/21/2023]
1.
All buildings and structures shall be designed, located, and constructed
so as to offer the minimum obstruction to the flow of water and shall
be designed to have a minimum effect upon the flow and height of floodwater.
2.
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
3.
All air ducts, large pipes, storage tanks, and other similar objects
or components located below the regulatory flood elevation shall be
securely anchored or affixed to prevent flotation.
4.
Wood flooring used at, or below, the regulatory flood elevation shall
be installed to accommodate a lateral expansion of the flooring, perpendicular
to the flooring grain, without causing structural damage to the building.
5.
Plywood used at, or below, the regulatory flood elevation shall be
of a marine or water-resistant variety.
6.
Walls and ceilings at, or below, the regulatory flood elevation shall
be designed and constructed of materials that are water-resistant
and will withstand inundation.
7.
Windows, doors, and other components at, or below, the regulatory
flood elevation shall be made of metal or other water-resistant material.
8.
Paints and other finishes used at, or below, the regulatory flood
elevation shall be of a marine or water-resistant quality.
9.
Adhesives used at, or below, the regulatory flood elevation shall
be of a marine or water-resistant variety.
10.
All wooden components (doors, trim, cabinets, etc.) at, or below,
the regulatory flood elevation shall be finished with a marine or
water-resistant paint or other finishing material.
11.
Electrical distribution panels shall be at least three feet above
the regulatory flood elevation.
12.
Separate electrical circuits shall serve lower levels and shall be
dropped from above.
13.
Water heaters, furnaces, air-conditioning and ventilating units,
and other electrical, mechanical, or utility equipment or apparatus
shall not be located below the regulatory flood elevation.
14.
All gas and oil supply systems shall be designed to prevent the infiltration
of flood waters into the system and discharges from the system into
floodwaters. Additional provisions shall be made for the drainage
of these systems in the event that floodwater infiltration occurs.
[Ord. No. 1245, 8/21/2023]
1.
Where a variance has been granted for the construction, enlargement,
or expansion of a structure used or intended to be used for a hospital,
nursing home, jail or prison, or manufactured home park in the Flood
Hazard District, it shall be located, constructed, and maintained
in a manner that will fully protect the health and safety of the general
public and any occupants of the structure. At a minimum, all new structures
shall be designed, located, and constructed so that the structure
will survive inundation by waters of the base flood elevation without
any lateral movement or damage to either the structure itself, or
to any of its equipment or contents below the regulatory flood elevation.
2.
The lowest floor (including basement) will be elevated to regulatory
flood elevation.
3.
The occupants of the structure can remain inside for an indefinite
period of time and be safely evacuated at any time during the 100-year
base flood elevation.
4.
The risk of any significant possibility of pollution, increased flood
levels or flows, or debris endangering life and property shall be
prevented.
5.
All hydrologic and hydraulic analyses shall be undertaken only by
professional engineers or others of demonstrated qualifications, who
shall certify that the technical methods used correctly reflect currently
accepted technical concepts. Studies, analyses, computations, etc.,
shall be submitted in sufficient detail to allow a thorough technical
review by the Borough of Emmaus and the PA DCED.
[Ord. No. 1245, 8/21/2023]
1.
Where a variance has been granted for the construction, enlargement,
or expansion of a structure used or intended to be used for a hospital,
nursing home, jail or prison, or manufactured home park in the Flood
Hazard District, applicants shall provide five copies of the following
items to the Borough of Emmaus:
A.
A written request.
B.
A small-scale map showing the vicinity in which the proposed site
is located.
C.
A plan of the entire site, clearly and legibly drawn at a scale of
one inch being equal to 100 feet or less, showing the following:
(1)
North arrow, scale, and date.
(2)
Topography based upon the North American Vertical Datum (NAVD)
of 1988, showing existing and proposed contours at intervals of two
feet.
(3)
All property and lot lines, including dimensions, and the size
of the site expressed in acres or square feet.
(4)
The location of all existing streets, drives, other accessways,
and parking areas, with information concerning widths, pavement types
and construction, and elevations.
(5)
The location of any existing bodies of water or watercourses,
buildings, structures and other public or private facilities, including
railroad tracks and facilities, and any other natural and man-made
features affecting, or affected by, the proposed activity or development.
(6)
The location of the floodplain boundary line, information and
spot elevations concerning the base flood elevation, and information
concerning the flow of water, including direction and velocities.
(7)
The location of all proposed buildings, structures, utilities,
and any other improvements.
(8)
Any other information which the Borough of Emmaus considers
necessary for review of the application.
D.
Plans of all proposed buildings, structures, and other improvements,
clearly and legibly drawn at suitable scale, showing the following:
(1)
Sufficiently detailed architectural or engineering drawings,
including floor plans, sections, and exterior building elevations,
as appropriate.
(2)
For any proposed building, the elevation of the lowest floor
(including basement) and, as required, the elevation of any other
floor.
(3)
Complete information concerning flood depths, pressures, velocities,
impact and uplift forces, and other factors associated with the base
flood elevation.
(4)
Detailed information concerning any proposed floodproofing measures.
(5)
Cross-section drawings for all proposed streets, drives, other
accessways, and parking areas, showing all rights-of-way and pavement
widths.
(6)
Profile drawings for all proposed streets, drives, and vehicular
accessways, including existing and proposed grades.
(7)
Plans and profiles of all proposed sanitary and storm sewer
systems, water supply systems, and any other utilities and facilities.
E.
Certification from the applicant that the site upon which the activity
or development is proposed is an existing separate and single parcel,
owned by the applicant or the client he/she represents.
F.
Certification from a registered professional engineer, architect,
or landscape architect that the proposed construction has been adequately
designed to protect against damage from the base flood elevation.
G.
A statement, certified by a registered professional engineer, architect,
landscape architect, or other qualified person, which contains a complete
and accurate description of the nature and extent of pollution that
might possibly occur from the development during the course of a base
flood elevation, including a statement concerning the effects such
pollution may have on human life.
H.
A statement, certified by a registered professional engineer, architect,
or landscape architect, which contains a complete and accurate description
of the effects the proposed development will have on base flood elevations
and flows.
I.
A statement, certified by a registered professional engineer, architect,
or landscape architect, which contains a complete and accurate description
of the kinds and amounts of any loose buoyant materials or debris
that may possibly exist or be located on the site below the base flood
elevation and the effects such materials and debris may have on base
flood elevations and flows.
J.
The appropriate component of the PA DEP "Sewage Facilities Planning
Module for New Land Development."
K.
Where any excavation or grading is proposed, a plan meeting the requirements
of the PA DEP to implement and maintain erosion and sedimentation
control.
M.
An evacuation plan which fully explains the manner in which the site
will be safely evacuated before or during the course of a 100-year
flood.
[Ord. No. 1245, 8/21/2023]
1.
Upon receipt of an application for the construction, enlargement,
or expansion of a structure used or intended to be used for a hospital,
nursing home, jail or prison or manufactured home park in the Flood
Hazard District by the Borough of Emmaus, the following procedures
shall apply:
A.
Before issuing any permits, the Borough of Emmaus shall allow the
PA DCED 30 days to review the application.
B.
If the Borough of Emmaus does not receive any communication from
the PA DCED during the thirty-day review period, it may issue permits
to the applicant.
C.
If the PA DCED should decide to disapprove an application, it shall
notify the Borough of Emmaus and the applicant, in writing, of the
reasons for the disapproval, and the Borough of Emmaus shall not issue
permits.
2.
No application for the construction, enlargement, or expansion of
a structure used or intended to be used for a hospital, nursing home,
jail or prison or manufactured home park in the Flood Hazard District
shall be approved unless it can be determined that the structure or
activity will be located, constructed, and maintained as follows:
A.
In a manner which will fully protect the health and safety of the
general public and any occupants of the structure. At a minimum, all
new structures shall be designed, located, and constructed so that
the structure will survive inundation by waters of the base flood
elevation without any lateral movement or damage to either the structure
itself, or to any of its equipment or contents below the regulatory
flood elevation.
B.
The lowest floor (including basement) will be elevated to at least
the regulatory flood elevation.
C.
The occupants of the structure can remain inside for an indefinite
period of time and be safely evacuated at any time during the base
flood elevation.
D.
In a manner which will prevent any significant possibility of pollution,
increased flood levels or flows, or debris endangering life and property.
3.
All hydrologic and hydraulic analyses shall be undertaken only by
professional engineers or others of demonstrated qualifications, who
shall certify that the technical methods used correctly reflect currently
accepted technical concepts. Studies, analyses, computations, etc.,
shall be submitted in sufficient detail to allow a thorough technical
review by the Borough of Emmaus and the PA DCED.
