1. General.
A. Any new construction, development, uses or activities allowed within any identified floodplain area, shall be undertaken in strict compliance with the provisions contained in this Chapter and any other applicable codes, ordinances and regulations.
B. The requirements of this Chapter are in addition to regulations set forth in § 27-410 of the Zoning Ordinance [Chapter 27] pertaining to flood hazard areas as defined therein. [Ord. 531]
C. Any construction started after the Township’s initial FIRM adoption and before July 16, 2004, the effective date the most recent Township FIRM was issued by FEMA, is subject to the ordinance in effect at the time the building permit was issued, provided the start of construction was within one hundred eighty (180) days of building permit issuance.[Ord. 531]
2. Letter of Map Revision. Technical or scientific data shall be submitted by the Township to FEMA for a Letter of Map Revision (LOMR) as soon as practicable but within six (6) months of any new construction, development, or other activity resulting in changes in the one hundred (100) year flood elevation. The situations when a LOMR or a Conditional Letter of Map Revision (CLOMR) are required are:
A. Any development that causes a rise in the one hundred (100) year flood elevations within the floodway; or,
B. Any development occurring in areas identified by FEMA’s Flood Insurance Study as Zones A1-30 and Zone AE without a designated floodway, which will cause a rise of more than one (1) foot in the one hundred (100) year flood elevation; or,
C. Alteration or relocation of a stream (including, but not limited to, installing culverts and bridges).
[Ord. 531]
3. Construction Near Watercourse. Within any identified floodplain area, no new construction or development shall be located within the area measured fifty (50) feet landward from the top-of-bank of any watercourse, unless a permit is obtained from the Department of Environment Protection Regional Office. [Ord. 531]
4. Alteration or Relocation of Watercourse.
A. 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 the Department of Environmental Protection Regional Office.
B. 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.
C. In addition, the FEMA and Pennsylvania Department of Community and Economic Development, shall be notified prior to any alteration or relocation of any watercourse.
[Ord. 531]
5. Special Requirements for FW and AE Areas.
A. Within any FW (Floodway Area), the following provisions apply:
(1) No new construction, development, use, activity, or encroachment shall be allowed unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the Township during the occurrence of a one hundred (100) year flood discharge.
(2) No new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection Regional Office.
(3) In AE Area/District without floodway, no new development, shall be permitted unless it can be demonstrated that the cumulative effect of all past and projected development will not increase the BFE by more than one (1) foot.
(4) No permit shall be granted for any construction, develop ment, use, or activity within any AE Area/District without floodway unless it is demonstrated that the cumulative effect of the proposed development would not, together with all other existing and antici pated development, increase the BFE more than (1) foot at any point.
[Ord. 531]
6. Elevation and Floodproofing Requirements; Building Construction Standards. The provision of this subsection (6) shall be enforced as part of the building code by the building official. [Ord. 531]
A. Residential Structures.
(1) Within AE, A1-30 and AH Zones as designated on the FIRM any new construction or substantial improvement of a residential structure shall have the lowest floor (including basement) elevated up to or above the regulatory flood elevation. [Ord. 531]
(2) In A Zones where there are no BFE’s specified on the FIRM, any newy construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with subsection (6)(C)(2)(b). [Ord. 531]
(3) The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or the most recent revisions thereof and American Society of Civil Engineers 24 (ASCE 24) and under Title 34 of the Pa.Code, (Chapters 401–405 as amended) shall be utilized. [Ord. 531]
B. Nonresidential Structures.
(1) Within AE, A1-30 and AH Zones as designed on the FIRM, any new 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:
(a) Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water; and,
(b) Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
[Ord. 531]
(2) In A Zones, where no BFE’s are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with subsection (6)(C)(2)(b) of this Section. [Ord. 531]
(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 (June 1972, as amended March 1992) 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. [Ord. 531]
(4) The design and construction standards and specifications contained in the 2009 IBC and in the 2009 IRC or the most recent revisions thereof and ASCE 24 and Title of the 34 Pa.Code (Chapters 401–405 as amended) shall be utilized. [Ord. 531]
C. Space below the Lowest Floor.
(1) Fully enclosed space below the lowest floor (including basements) is prohibited.
(2) Partially enclosed space below the lowest floor (including 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 hydro static forces on exterior walls. The term “partially enclosed space” also includes crawl spaces. 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 (2) openings having a net total area of not less than one (1) square inch for every square foot of enclosed space.
(b) The bottom of all openings shall be no higher than one (1) 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.
D. Historic Structures. Historic structures undergoing repair or rehabilitation that would otherwise constitute a substantial improvement as defined in this Chapter, must comply with all requirements of this Chapter that do not preclude the structure’s continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure. [Ord. 531]
E. Floors, Walls and Ceilings.
(1) 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.
(2) Plywood used at or below the regulatory flood elevation shall be of a “marine” or “water-resistant” variety.
(3) 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.
(4) Windows, doors and other components at or below the regulatory flood elevation shall be made of metal or other “water- resistant” material.
F. Paints and Adhesives.
(1) Paints and other finishes used at or below the regulatory flood elevation shall be of “marine” or “water-resistant” quality.
(2) Adhesives used at or below the regulatory flood elevation shall be of a “marine” or “water-resistant” variety.
(3) All wooden components (doors, trim, cabinets, etc.) shall be finished with a “marine” or “water-resistant” paint or other finishing material.
G. Electrical Components.
(1) Electrical distribution panels shall be at least three (3) feet above the one hundred (100) year flood elevation.
(2) Separate electrical circuits shall serve lower levels and shall be dropped from above.
H. Equipment. 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.
I. Fuel Supply Systems. 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.
7. Design and Construction Standards. The provisign of this subsection (7) shall be considered part of the design standards of the Subdivision and Land Development Ordinance [Chapter 22] and subsection (G) and (H) shall be enforced by the building official. The following minimum standards shall apply for all construction and development proposed within any identified floodplain area: [Ord. 531]
A. Fill. If fill is used, it shall:
(1) Extend laterally at least fifteen (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 (1) vertical to two (2) horizontal feet unless substantiated data, justifying steeper slopes are submitted to, and approved by the Zoning Officer.
(5) Be used to the extent to which it does not adversely affect adjacent properties.
B. Drainage Facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall insure 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.
C. Water and Sanitary Sewer Facilities and Systems.
(1) All new or replacement water and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of flood waters.
(2) Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
(3) No part of any onsite sewage system shall be located within any identified floodplain area 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 Uniform Construction Code and FEMA publication #348, Protecting Building Utilities from Flood Damages and the International Private Sewage Disposal Code shall be utilized. [Ord. 531]
D. Other Utilities. All other utilities such as gas lines, electrical and telephone systems shall be located, elevated (where pgssible) and constructed to minimize the chance of impairment during a flood.
E. Streets. The finished elevation of all new streets shall be no more than one (1) foot below the regulatory flood elevation.
F. Placement of Buildings and Structures. 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 flood water.
G. Anchoring.
(1) All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse or lateral movement.
(2) 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.
H. Uniform Construction Code Coordination. The standards and specifications used in Title 34 of the Pa.Code (Chapters 401–405), as amended, and not limited to the following provisions shall apply to the above and other sections and subsections of this Chapter, to the extent that they are more restrictive and supplement the requirements of this Chapter.
International Building Code (IBC) 2009 or the latest edition thereof: Secs. 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
International Residential Building Code (IRC) 2009 or the latest edition thereof: Secs. R104, R105, R109, R323, Appendix AE101, Appendix E and Appendix J.
[Ord. 531]
8. Development Which May Endanger Human Life. The provisions of this Section shall be considered part of the Zoning Ordinance [Chapter 27] and shall be enforced by the Zoning Officer.
A. In accordance with the Pennsylvania Flood Plain Management Act and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which:
(1) Will be used for the production or storage of any of the following dangerous materials or substances; or,
(2) Will be used for any activity requiring the maintenance of a supply of more than five hundred fifty (550) gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or,
(3) 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 list of materials and substances are considered dangerous to human life:
(1) Acetone.
(2) Ammonia.
(3) Benzene.
(4) Calcium carbide.
(5) Carbon disulfide.
(6) Celluloid.
(7) Chlorine.
(8) Hydrochloric acid.
(9) Hydrocyanic acid.
(10) Magnesium.
(11) Nitric acid and oxides of nitrogen.
(12) Petroleum products (gasoline, fuel oil, etc.).
(13) Phosphorus.
(14) Potassium.
(15) Sodium.
(16) Sulphur and sulphur products.
(17) Pesticides including insecticides, fungicides and rodenti cides).
(18) Radioactive substances, insofar as such substances are not otherwise regulated.
B. Within any FW (Floodway Area), any structure of the kind described in subsection (A) above, shall be prohibited.
C. Within any FE (Special Floodplain Area) or FA (General Floodplain Area), any new or substantially improved structure of the kind described in subsection (A) above, shall be prohibited within the area measured fifty (50) feet landward from the top-of-bank of any watercourse.
D. Where permitted within any floodplain area, any new or substan tially improved structure of the kind described in subsection (A) above, shall be:
(1) Elevated or designed and constructed to remain completely dry up to at least one and one-half (1½) feet above the one hundred (100) year flood elevation.
(2) Designed to prevent pollution from the structure or activity during the course of a one hundred (100) year flood. Any such 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, June 1972 as amended March 1992) or with some other equivalent watertight standard.
E. 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 subsection (8)(A) above, “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. 531]
9. Special Requirements for Subdivisions. All subdivision proposals and development proposals containing at least fifty (50) lots or at least five (5) acres, whichever is the lesser, in an identified floodplain area where one hundred (100) year flood elevation data is not available, shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a Conditional Letter of Map Revision or Letter of Map Revision. Submittal requirements and processing fees shall be the responsibility of the applicant. [Ord. 531]
10. Special Requirements for Manufactured Homes. The provisions of this Section shall be considered part of the Zoning Ordinance [Chapter 27
] and shall be enforced by the Zoning Officer.
A. Within any FW (Floodway Area), manufactured homes shall be prohibited.
B. Within any FA (General Floodplain Area) or FE (Special Flood- plain Area), manufactured homes shall be prohibited within the area measured fifty (50) feet landward from the top-of-bank of any watercourse.
C. Where permitted within any floodplain area, all manufactured homes, and any improvements thereto, shall be:
(1) Placed on a permanent foundation.
(2) Elevated so that the lowest floor of the manufactured home is one and one half (1½) feet or more above the elevation of the one hundred (100) year flood.
(3) Anchored to resist flotation, collapse or lateral movement.
D. Installation of manufactured homes shall be done in accordance with the manufacturers’ installation instructions as provided by the manufacturer. Where applicant cannot provide the above information, the requirements of Appendix E of the 2009 International Residential Code or the U.S. Department of Housing and Urban Development’s Permanent Founda tions for Manufactured Housing, 1984 Edition, draft or latest revision thereto, shall apply as well as Title 34 Pa.Code Chapters 401–405. [Ord. 531]
E. Consideration shall be given to the installation requirements of the 2009 IBC, and the 2009 IRC or the most recent revisions thereto, and under Title 34 of the Pa.Code, as amended, where appropriate and/or applicable to units where the manufacturers’ standards for anchoring cannot be provided or were not established for the unit(s)’ proposed installation. [Ord. 531]
11. Special Requirements for Recreational Vehicles. Recreational vehicles in areas identified on the FIRM as Zones A, A1-30, AH, and AE must either:
A. Be on the site for fewer than one hundred eighty (180) consecu tive days;
B. Be fully licensed and ready for highway use; or,
C. Meet the building permit requirements for manufactured homes in subsection (10).
This subsection (11) shall be enforced by Township Code Enforcement Officers.
[Ord. 531]
(Ord. 414, 1/16/2002, Pt. 4; as amended by Ord. 531, 2/15/2012)