(4) Flood Protection.

(a)   Applicability.

These special restrictions and regulations shall apply to the Special Flood Hazard Areas along the Delaware and Schuylkill Rivers, Poquessing Creek, Byberry Creek, Walton Run, Pennypack Creek, Wooden Bridge Run, Tacony-Frankford Creek, Wissahickon Creek, Darby Creek, Cobbs Creek, and Indian Creek, more fully defined by the Flood Insurance Study and Flood Insurance Rate Maps of the U.S. Department of Homeland Security Federal Emergency Management Agency. The Commission shall make the maps available for public inspection upon request.

(b)   Disclaimer of Liability.

The degree of flood protection sought by the provisions of this Zoning Code is considered reasonable for regulatory purposes and is based on accepted engineering methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes, such as bridge and sewer openings restricted by debris. This Zoning Code does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas will be free from flooding or flood damages.

(c)   Special Regulations.

The following special regulations are imposed to regulate setbacks, construction, and earth-moving activity along watercourses subject to flooding. These regulations are in addition to the requirements of the Pennsylvania Department of Environmental Protection. 643

(.1)   Within the Floodway.

(.a)   No encroachment (including fill, new construction, or any development) is permitted; except that docks, public utilities, trails, roadways, and bridges are permitted as long as they cause no increase in the Base Flood Elevation. 644

(.b)   Public utility companies shall not place mobile homes or offices within the floodway.

(.c)   Construction or substantial improvement of any structure used for the following is prohibited:

(i)   the production or storage of: acetone; ammonia; benzene; calcium carbide; carbon disulfide; celluloid; chlorine; hydrochloric acid; hydrocyanic acid; magnesium; nitric acid and oxides of nitrogen; petroleum products (gasoline, fuel oil, and the like); phosphorus; potassium; sodium; sulphur and sulphur products; pesticides (including insecticides, fungicides, and rodenticides);

(ii)   any activity requiring the maintenance of a supply of any of the materials listed in § 14-704(4)(c)(.1)(.c)(i) in excess of 550 gallons or an equivalent volume; or

(iii)   any purpose involving the production, storage, or use of any amount of radioactive substance.

(.2)   Within the Special Flood Hazard Area.

(.a)   For residential structures, any new construction or substantial improvement shall have the lowest floor elevation (including basement or cellar) elevated up to, or above, the regulatory flood elevation. 645

(.b)   For non-residential structures, any new construction or substantial improvement shall have the lowest floor elevation (including basement or cellar) elevated up to, or above, the regulatory flood elevation of 18 in. above the Base Flood Elevation, or be designed and constructed so that the space enclosed below the regulatory flood elevation:

(i)   Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water;

(ii)   Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(iii)   All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement. Additionally, all air ducts, air conditioning systems, utilities, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be raised to the Regulatory Flood Elevation and shall be securely anchored or affixed to prevent flotation.

(.c)   Fully enclosed space that is below the lowest floor of the building and that is used solely for the parking of a vehicle, building access, or incidental storage shall be designed and constructed to allow for the automatic entry and exit of flood waters for the purpose of equalizing hydrostatic forces on exterior walls. The term "fully enclosed space" shall include crawl spaces. For these spaces, a minimum of two openings having a total area of not less than one square inch for every square foot of enclosed space shall be included and shall be no higher than one foot above grade to provide that they permit the automatic entry and exit of flood waters. 646

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(.d)   If fill is used to raise the elevation of the site for residential construction, the fill area shall extend out laterally at a maximum slope of one percent (1%) for the minimum required rear yard dimension but in no case less than 15 ft. beyond the proposed structure. The grade from the edge of the rear yard to the floodway line shall not exceed twenty percent (20%) unless a retaining wall is constructed.

(.e)   Construction or substantial improvement of any structure used for the following is prohibited unless it is elevated or floodproofed to remain completely dry to the Regulatory Flood Elevation: 647

(i)   the production or storage of: acetone; ammonia; benzene; calcium carbide; carbon disulfide; celluloid; chlorine; hydrochloric acid; hydrocyanic acid; magnesium; nitric acid and oxides of nitrogen; petroleum products (gasoline, fuel oil, and the like); phosphorus; potassium; sodium; sulphur and sulphur products; pesticides (including insecticides, fungicides, and rodenticides);

(ii)   any activity requiring the maintenance of a supply of any of the materials listed in § 14-704(4)(c)(.2)(.e)(i) in excess of 550 gallons or an equivalent volume; or

(iii)   any purpose involving the production, storage, or use of any amount of radioactive substance.

(.f)   The following uses are prohibited within a Special Flood Hazard Area: 648

(i)   Hospitals.

(ii)   Group Living uses housing elderly or disabled persons or persons with limited mobility.

(iii)   Detention or correctional facilities.

(iv)   A new manufactured home park or manufactured home subdivision, or substantial improvement to an existing manufactured home park or manufactured home subdivision.

(.3)   Within the Special Flood Hazard Area, Approximate Zone A. 649

(.a)   Within the Approximate Zone A, development shall be permitted on the same conditions applicable to the Special Flood Hazard Area in subsection (.2) above, except as noted in this subsection (.3).

(.b)   For Approximate Zone A areas, elevation and floodway information from other Federal, State, or other acceptable sources shall be used when available. Where other acceptable information is not available, the base flood elevation may be determined by the Floodplain Administrator using contour interpolation, if applicable. In lieu of the above, the Floodplain Administrator may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. 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 Floodplain Administrator. 650

(.4)   Special Requirements for Manufactured Homes. 651

Manufactured homes are prohibited in identified floodplain areas.

(d)   Designation of the Floodplain Administrator. 652

The Commissioner of Licenses and Inspections is hereby appointed to administer and enforce this § 14-704(4) and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may: (a) fulfill the duties and responsibilities set forth in these regulations, (b) delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees, or (c) enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the City of Philadelphia of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 C.F.R. § 59.22.

(e)   Identification of Area. 653

Base elevation and floodway information shall be identified from the Flood Insurance Study (FIS) and accompanying Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA), except as follows:

(.1)   For AE zones where no floodway has been identified in the FIS, floodway information from other Federal, State or other acceptable sources shall be used when available.

(.2)   For Approximate A zones, elevation and floodway information from other Federal, State or other acceptable sources shall be used when available. Where other acceptable information is not available, the base flood elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site.

(f)   Changes in Identification of Area. 654

The identified floodplain area may be revised or modified by the Floodplain Administrator where studies or information prepared by a qualified agency or person and provided by an applicant documents the need for such revision. However, prior to any such change to the Special Flood Hazard Area, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, the applicant shall notify the Floodplain Administrator and FEMA of the changes to the Special Flood Hazard Area by submitting technical or scientific data.

(g)   Alteration or Relocation of a Watercourse. 655

Prior to altering, relocating, or encroaching into a watercourse, all applicants shall obtain a permit for such action from the Pennsylvania Department of Environmental Protection Southeast Regional Office, shall notify by certified mail all adjacent municipalities which may be affected by such action, and shall submit copies of such notification to FEMA and the Pennsylvania Department of Community and Economic Development.

(h)   No permit for construction within the Special Flood Hazard Area shall be issued unless the applicant has provided written confirmation that all other necessary government permits required by state and federal laws have been obtained, including but not limited to those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended); and the U.S. Clean Water Act, § 404, 33 U.S.C. § 1344. 656

 

Notes

643	Amended, Bill No. 180346-A (approved July 18, 2018).
644	Amended, Bill No. 130764 (approved December 18, 2013).
645	Amended, Bill No. 120431 (approved June 27, 2012), effective August 22, 2012.
646	Amended, Bill No. 120431 (approved June 27, 2012), effective August 22, 2012.
647	Amended, Bill No. 120431 (approved June 27, 2012), effective August 22, 2012.
648	Added, Bill No. 120431 (approved June 27, 2012), effective August 22, 2012.
649	Amended, Bill No. 120431 (approved June 27, 2012), effective August 22, 2012.
650	Amended, Bill No. 180346-A (approved July 18, 2018).
651	Added, Bill No. 120431 (approved June 27, 2012), effective August 22, 2012.
652	Added, Bill No. 120431 (approved June 27, 2012), effective August 22, 2012.
653	Added, Bill No. 120645 (approved October 17, 2012).
654	Added, Bill No. 120431 (approved June 27, 2012), effective August 22, 2012; renumbered, Bill No. 120645 (approved October 17, 2012).
655	Added, Bill No. 120431 (approved June 27, 2012), effective August 22, 2012; amended, Bill No. 120645 (approved October 17, 2012).
656	Added, Bill No. 120431 (approved June 27, 2012), effective August 22, 2012; renumbered, Bill No. 120645 (approved October 17, 2012).