[Adopted 10-10-1989 by Ord. No.
845-89 as Ch. 80, Art. IV, of the 1989 Code]
In order to prevent excessive damage to buildings and structures due to flooding conditions, the following provisions shall apply to all proposed construction or development occurring in any of the floodplain districts designated in Chapter 224, Zoning, as amended.
The following are special definitions which
shall be used in making reasonable interpretations of the provisions
contained in this article:
Any area of the building having its floor below ground.
[Added 9-9-1996 by Ord. No. 1033-96]
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
Those floodplain districts specifically designated in Chapter 224, Zoning, as being inundated primarily by the one-hundred-year flood. Included would be areas identified as Floodway District (FW), Flood-Fringe District (FF) and General Floodplain District (FA).
The channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of the one-hundred-year magnitude as specifically defined in Chapter 224, Zoning.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of mobile homes, streets and other paving, utilities mining, dredging,
filling, grading, excavation or drilling operations, subdivision of
land and the storage of equipment and materials.
[Amended 9-9-1996 by Ord. No. 1033-96]
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
Any combination of structural and nonstructural addition,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
Any structure that is:
[Added 9-9-1996 by Ord. No. 1033-96]
Listed individually on the National Register
of Historic Places (a listing maintained by the Department of Interior)
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listings on the National Register;
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of
historic places in states with historic preservation programs that
have been approved by the Secretary of Interior; or
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant, partially enclosed area,
used solely for parking of vehicles, building access and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such open space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this article.
[Added 9-9-1996 by Ord. No. 1033-96]
A transportable, single-family dwelling, intended for permanent
occupancy, office or place of assembly, contained in one or more sections,
built on a permanent chassis, which arrives at a site complete and
ready for occupancy except for minor incidental unpacking and assembly
operations, and constructed so that it may be used with or without
a permanent foundation. The term includes park trailers, travel trailers,
recreational and other similar vehicles which are placed in a site
for more than 180 consecutive days.
[Amended 9-9-1996 by Ord. No. 1033-96]
A parcel of land under single ownership which has been planned
and improved for the placement of two or more mobile homes for nontransient
use.
Structures for which the start of construction commenced
on or after May 10, 1982, and includes any subsequent improvements
thereto.
[Added 9-9-1996 by Ord. No. 1033-96]
Any wall, dam, wharf, embankment, levee, dike, pile abutment,
projection, excavation, channel, rectification, culvert, building,
fence, stockpile, refuse, fill, structure or matter in, along, across
or projecting into any channel, watercourse designated floodplain
district, which may impede, retard or change the direction of the
flow of water either in itself or by catching or collecting debris
carried by such water or is placed where the flow of the water might
carry the same downstream to the damage of life and property.
A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year). This is more precisely defined/delineated in Chapter 224, Zoning.
A vehicle which is built on a single chassis; not more than
400 square feet, measured at the largest horizontal projections; designed
to be self-propelled or permanently towable by a light-duty truck;
and not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel or seasonal use.
[Added 9-9-1996 by Ord. No. 1033-96]
The one-hundred-year flood elevation, plus a freeboard safety
factor of 1 1/2 feet.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
[Added 9-9-1996 by Ord. No. 1033-96]
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before start of construction of the improvement.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
[Added 9-9-1996 by Ord. No. 1033-96]
Any project for improvement of a structure to
correct existing violations of state or local health, sanitary or
safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary to assure
safe living conditions; or
An alteration of an historic structure, provided
that the alteration will not preclude the structure's continued designation
as an historic structure.
[Amended 9-9-1996 by Ord. No. 1033-96]
A.
Residential structures. Within any designated Floodway
(FW), Flood-Fringe (FF) or General Floodplain (FA) District, the lowest
floor, including basement, of any new construction or substantial
improvement of a residential structure shall be at least 1 1/2
feet above the one-hundred-year flood elevation.
B.
Nonresidential structures.
(1)
Within any designated Floodway (FW), Flood-Fringe
(FF) or General Floodplain (FA) District, the lowest floor, including
basement, of any new construction or substantial improvement of a
nonresidential structure shall be at least 1 1/2 feet above the
one-hundred-year-flood elevation or be designed and constructed so
that the space enclosed by such structure shall remain either completely
or essentially dry during any flood up to that height.
(2)
Any structure, or part thereof, which will not be
completely or adequately elevated shall be designed and constructed
to be completely or essentially dry in accordance with the standards
contained in the publication entitled "Floodproofing Regulations"
(United States Army Corps of Engineers, June 1972) or some other equivalent
standard for that type of construction. 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.
(3)
Space below the lowest floor.
(a)
Requirements.
[1]
Fully enclosed space below the lowest floor
(including basement) is prohibited.
[2]
Partially enclosed space below the lowest floor
(including basement) 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 "partially enclosed
space" also includes crawl spaces.
(b)
Designs for meeting this requirement must either be
certified by a registered professional engineer or architect or meet
or exceed the following minimum criteria:
[1]
A minimum of two openings having a net total
area of not less than one square inch for every square foot of enclosed
space shall be provided.
[2]
The bottom of all openings shall be no higher
than one foot above grade.
[3]
Openings may be equipped with screens, louvers,
etc., or other coverings or devices, provided that they permit the
automatic entry and exit of floodwater.
C.
Accessory structures. 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:
(1)
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.
(2)
Floor area shall not exceed 600 square feet.
(3)
The structure will have a low damage potential.
(4)
The structure will be located on a site so as to cause
the least obstruction to the flow of floodwaters.
(5)
Power lines, wiring and outlets will be at least 1 1/2
feet above the one-hundred-year-flood elevation.
(6)
Permanently affixed utility equipment and appliances,
such as furnaces, heaters, washers, dryers, etc., are prohibited.
(7)
Sanitary facilities are prohibited.
(8)
The structure shall be adequately anchored to prevent
flotation or movement and shall be designed to automatically provide
for the entry and exit of floodwaters 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 shall be provided.
(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.
[Amended 10-23-2006 by Ord. No. 1278-2006]
The following minimum standards shall apply
for all construction and development within any identified floodplain
area:
A.
Drainage facilities. Storm drainage facilities shall
be designed to convey the flow of stormwater runoff in a safe and
efficient manner. The system shall ensure drainage at all points 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.
B.
Sanitary sewer facilities. All new or replacement
sanitary sewer facilities and private package sewage treatment plants,
including all pumping stations and collector systems, shall be designed
to minimize or eliminate infiltration of floodwaters into the systems
and discharges from the systems into the floodwaters. In addition,
they should be located and constructed to minimize or eliminate flood
damage and impairment.
C.
Water facilities. All new or replacement water facilities
shall be designed to minimize or eliminate infiltration of floodwaters
into the system and be located and constructed to minimize or eliminate
flood damages.
D.
Streets. The finished elevation of proposed new streets
shall be no more than one foot below the regulatory flood elevation.
E.
Utilities. All utilities, such as gas lines and electrical
and telephone systems, being placed in flood-prone areas should be
located, elevated (where possible) and constructed to minimize the
chance of impairment during a flood.
F.
Fill. If fill is used, it shall:
(1)
Extend laterally at least 15 feet beyond the building
line from all points.
(2)
Consist of soil or small rock materials only; sanitary
landfills shall not be permitted.
(3)
Be compacted to provide the necessary permeability
and resistance to erosion, scouring or settling.
(4)
Be no steeper than one vertical to two horizontal,
unless substantiated data justifying steeper slopes are submitted
to and approved by the Codes Enforcement Officer.
(5)
Be used to the extent to which it does not adversely
affect adjacent properties.
G.
Placement of buildings and structures. All buildings
and structures shall be constructed and placed on the lot so as to
offer the minimum obstruction to the flow of water. In so doing, consideration
shall be given to their effect upon the flow and height of floodwaters.
H.
Anchoring.
(1)
All buildings and structures shall be firmly anchored
in accordance with accepted engineering practices to prevent flotation,
collapse or other movement, thus reducing the threat to life and property
and decreasing the possibility of the blockage of bridge openings
and other restricted sections of the watercourse.
(2)
All air ducts, large pipes and storage tanks located
at or below the regulatory flood elevation shall be firmly anchored
in accordance with accepted engineering practices to prevent flotation.
I.
Floors, walls and ceilings. Where located at or below
the regulatory flood elevation:
(1)
Wood flooring shall be installed to accommodate a
lateral expansion of the flooring, perpendicular to the flooring grain,
without incurring structural damage to the building.
(2)
Plywood shall be of any exterior or marine grade and
of a water-resistant or waterproof variety.
(3)
Walls and ceilings in nonresidential structures shall
have sufficient wet strength and be so installed as to survive inundation.
(4)
Window frames, door frames, door jambs and other components
shall be made of metal or other water-resistant material.
J.
Electrical systems.
(1)
All electric water heaters, electric furnaces, electric
air-conditioning and ventilating systems and other electrical equipment
or apparatus shall be permitted only at elevations above the regulatory
flood elevation.
(2)
No electrical distribution panels shall be allowed
at an elevation less than three feet above the level of the one-hundred-year
flood elevation.
(3)
Separate electrical circuits shall serve lower levels
and shall be dropped from above.
K.
Plumbing.
(1)
Water heaters, furnaces and other mechanical equipment
or apparatus shall be permitted only at elevations above the regulatory
flood.
(2)
No part of any on-site sewage disposal system shall
be constructed within any designated floodplain districts.
(3)
Water supply systems and sanitary sewage systems shall
be designed to preclude infiltration of floodwaters into the systems
and discharges from the system into floodwaters.
(4)
All gas and oil supply systems shall be designed to
preclude the infiltration of floodwaters into the systems and discharges
from the systems into floodwaters. Additional provisions shall be
made for the drainage of these systems in the event that floodwater
infiltration occurs.
L.
Paint and adhesive. Where located at or below the
regulatory flood elevation:
(1)
Adhesives shall have a bonding strength that is unaffected
by inundation (i.e., marine or water-resistant quality).
(2)
All wooden components (doors, trim, cabinets, etc.)
shall be sealed with a marine or water-resistant quality or similar
product.
(3)
Paints or other finishes shall be capable of surviving
inundation (i.e., marine or water-resistant quality).
M.
Storage. No materials that are buoyant, flammable,
explosive or, in time of flooding, could be injurious to human, animal
or plant life, shall be stored below the regulatory flood elevation.
N.
Compliance with UCC, Building Code and Residential
Building Code. The standards and specifications contained in 34 Pa.
Code, Chapters 401 through 405, and Sections 801, 1202, 1403, 1603,
1605, 1612, 3402, and Appendix G of the International Building Code
(IBC) 2003, or the latest edition thereof, as adopted by the City
on November 22, 1993, in Ordinance No. 944-93, as amended, and Sections
R104, R105, R109, R323, Appendix AE101, Appendix E and Appendix J
of the International Residential Code (IRC) 2003, or the latest edition
thereof, as adopted by the City on November 22, 1993, in Ordinance
No. 948-93, as amended, shall apply to all construction and development
in the floodplain to the extent such regulations are more restrictive
and/or supplement the requirements of this ordinance.
A.
All mobile homes and any additions thereto shall
be placed on a permanent foundation and anchored to resist flotation,
collapse or lateral movement by providing over-the-top and frame ties
to ground anchors in accordance with the American National Standards
Institute and National Fire Protection Association Standards as specified
in the Standard for the Installation of Mobile Homes Including Mobile
Home Part Requirements [NFPA No. 501A-1974 (ANSI A119.3 1975)], as
amended, for Mobile Homes in Hurricane Zones or other appropriate
standards such as the following:
[Amended 9-9-1996 by Ord. No. 1033-96]
(1)
Over-the-top ties shall be provided at each of the
four corners of the mobile home, with two additional ties per side
at intermediate locations for units 50 feet or more in length, and
one additional tie per side for units less than 50 feet in length.
(2)
Frame ties shall be provided at each corner of the
mobile home, with five additional ties per side at intermediate locations
for units 50 feet or more in length, and four additional ties per
side for units less than 50 feet in length.
(3)
All components of the anchoring system shall be capable
of carrying a force of 4,800 pounds per square inch.
B.
All mobile homes and any additions thereto shall also
be elevated in accordance with the following requirements:
(1)
The stand or lots shall be elevated on compacted fill,
or on pilings so that the lowest floor of the mobile home will be
at or above the elevation of the regulatory flood elevation.
(2)
Adequate surface drainage is provided.
(3)
Adequate access for a hauler is provided.
(4)
Where pilings are used for elevation, the lots shall
be large enough to permit steps; piling foundations shall be placed
in stable soil no more than 10 feet apart; reinforcement shall be
provided for pilings that will extend for six feet or more above the
ground level.
C.
An evacuation plan indicating the primary and at least
one secondary vehicular access and escape route shall be filed with
the Codes Office and Fire and Police Departments for mobile home parks
and mobile home subdivisions where appropriate. Each mobile home in
such a park shall have a copy of said evacuation plan.
D.
No mobile homes shall be placed in any designated
floodway district or area.
Structures existing in any designated floodplain
districts prior to the enactment of this article, but which are not
in compliance with these provisions, may continue to remain subject
to the following:
A.
Existing structures located in a designated floodway
district or area shall not be expanded or enlarged unless the effect
of the proposed expansion or enlargement on flood heights is fully
offset by accompanying improvements.
B.
Any modification, alteration, reconstruction or improvement
of any kind to an existing structure to an extent or amount of less
than 50% of its market value shall be elevated and/or floodproofed
to the greatest extent possible.
C.
Any modification, alteration, reconstruction or improvement
of any kind to an existing structure to an extent or amount of 50%
or more of its market value shall be undertaken only in full compliance
with the provisions of this article.
A.
If compliance with the elevation or floodproofing
requirements stated above would result in an exceptional hardship
for a prospective building developer or landowner, the Planning Commission
may, upon request, grant relief from the strict application of the
requirements.
B.
Requests for variances to the strict application of
the provisions of this article may be granted by the City in accordance
with the following procedures and criteria:
(1)
No variances shall be granted for any construction,
development, use or activity within any designated Floodway (FW) District
that would cause any increase in the one-hundred-year elevation.
(2)
If granted, a variance shall involve only the least
modification necessary to provide relief.
(3)
In granting any variance, the Planning Commission
may attach whatever reasonable conditions and safeguards it considers
necessary in order to protect the public health, safety and welfare,
and to achieve the objectives of this article.
(5)
In reviewing any request for a variance, the Planning
Commission shall consider, but not be limited to, the following:
(a)
That there is good and sufficient cause.
(b)
That failure to grant the variance would result in
exceptional hardship to the applicant.
(c)
That the granting of the variance will not result
in any unacceptable or prohibited increased flood heights, additional
threats to public safety, extraordinary public expense, create nuisances,
cause fraud on or victimization of the public or conflict with any
other applicable local or state ordinances and regulations.
(6)
A complete record of all variance requests and related
actions shall be maintained by the Codes Enforcement Officer. In addition,
a report of all variances granted during the year shall be included
in the annual report to the Federal Emergency Management Agency.
[Amended 10-23-2006 by Ord. No. 1278-2006]
C.
Notwithstanding any of the above, however, all structures
shall be designed and constructed so as to have the capability of
resisting the hydrostatic and hydrodynamic load and pressures and
effects of buoyancy of the one-hundred-year flood.
A.
Plan requirements. In addition to the permit application
requirements normally required under the City Building Code, as amended,
the Codes Enforcement Officer shall require the following specific
information to be included as part of the application for a building
permit:
(1)
A plan which details the:
(a)
Existing and proposed contours and/or elevation (in
relation to mean sea level, i.e., the National Geodetic Vertical Datum
of 1929) of the ground and the lowest floor of proposed construction.
(b)
One-hundred-year-flood elevation.
(c)
Other associated factors such as pressures and impact
forces, etc.
(d)
Storage elevations.
(e)
Size of the structures.
(f)
Location and elevations of streets, water supply and
sanitary facilities.
(g)
Soil types.
(h)
Floodproofing measures, including specific reference
to the level of the floodproofing in relation to the one-hundred-year
flood.
(2)
A document, certified by a registered professional
engineer or architect, which states that the proposed construction
has been adequately designed to withstand the flood depths, pressures,
velocities, impact and uplift forces and other hydrostatic, hydrodynamic
and buoyancy factors associated with the one-hundred-year flood. Such
statement shall include a description of the type and extent of floodproofing
measures which have been incorporated into the design of the structures.
(3)
The building permit application for any site where
flood damage has occurred and which any claim or potential claim under
the National Flood Insurance Program shall also include:
[Added 10-23-2006 by Ord. No. 1278-2006]
B.
Review by County Conservation District. A copy of
all applications and plans for construction or development in any
designated floodplain district to be considered for approval shall
be submitted by the City Codes Enforcement Officer to the County Conservation
District for review and comment prior to the issuance of a building
permit. The recommendations of the Conservation District shall be
considered by the City Codes Enforcement Officer for possible incorporation
into the proposed plan.
C.
Other permits issuance requirements. Prior to the
issuance of any building permit, the Codes Enforcement Officer shall
review the application for a permit to determine if all other necessary
governmental permits such as those required by state and federal laws
have been obtained, including those required by Act 537, the Pennsylvania
Sewage Facilities Act, the Pennsylvania Water Obstructions Act of
1913, and the Federal Water Pollution Control Act Amendments of 1972,
Section 404, 33 U.S.C. 1334. No permit shall be issued until this
determination has been made.
D.
Start of construction. For purposes of implementation
of these provisions, construction shall be considered to have started
with the first placement of permanent construction on the site, such
as the pouring of slabs or footings or any work beyond the stage of
excavation. For a structure without a basement or poured footings,
the start of construction includes the first permanent framing or
assembly of the structure or any part thereof on its pilings or foundation,
or the affixing of any prefabricated structures or mobile home to
its permanent site. Permanent construction does not include land preparation,
land clearing, grading, filling, excavation for basement, footings,
piers or foundations, erection of temporary or the installation of
sewer, gas and water pipes, or electric or other service lines from
the street.
