In granting any variance, the Township Zoning Hearing Board
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.
A.Â
Pertaining to the alteration or relocation of a watercourse.
(1)Â
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.
(2)Â
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)Â
In addition, the FEMA and Pennsylvania Department of Community and
Economic Development, shall be notified prior to any alteration or
relocation of any watercourse.
B.Â
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)Â
Any development that causes a rise in the base flood elevations within
the floodway; or
(2)Â
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)Â
Alteration or relocation of a stream (including but not limited to
installing culverts and bridges).
C.Â
Any new construction, development, uses or activities allowed by
variance within any Floodplain Conservation District shall be undertaken
in strict compliance with the provisions contained in this chapter
and any other applicable codes, ordinances and regulations. In addition,
when such development is proposed within the area measured 50 feet
landward from the top of bank of any watercourse, a permit shall be
obtained from the Department of Environmental Protection regional
office.
A.Â
Residential structures.
(1)Â
In AE and A1-30 Zones, any new construction or substantial improvement
shall have the lowest floor (including basement) elevated up to, or
above, the regulatory flood elevation.
(2)Â
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with § 240-9A(3) of this chapter.
(3)Â
The design and construction standards and specifications contained
in the latest adopted Pennsylvania versions of the International Building
Code and the International Residential Code as amended, shall be utilized.
B.Â
Nonresidential structures.
(1)Â
In AE and A1-30 Zones, 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:
(2)Â
In A Zones, where no base flood elevations 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 § 240-9A(3) of this chapter.
(3)Â
Any nonresidential structure, or part thereof, made watertight below
the regulatory flood elevation shall be floodproofed in accordance
with the WI or W2 space classification standards contained in the
publication entitled "Flood-Proofing Regulations" published by the
United States 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.
(4)Â
The design and construction standards and specifications contained
in the latest adopted Pennsylvania versions of the International Building
Code and the International Residential Code as amended and ASCE 24
shall be utilized.
C.Â
Space below the lowest floor.
(1)Â
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)Â
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)Â
There shall be 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)Â
The bottom of all openings shall be no higher than one foot
above grade.
(c)Â
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.Â
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)Â
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)Â
Floor area shall not exceed 100 square feet.
(3)Â
The structure will have a low damage potential.
(4)Â
The structure will be located on the site so as to cause the least
obstruction to the flow of floodwaters.
(5)Â
Power lines, wiring, and outlets will be elevated to the regulatory
flood elevation.
(6)Â
Permanently affixed utility equipment and appliances such as furnaces,
heaters, washers, dryers, etc., are prohibited.
(7)Â
Sanitary facilities are prohibited.
(8)Â
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)Â
There shall be 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)Â
The bottom of all openings shall be no higher than one foot
above grade.
(c)Â
Openings may be equipped with screens, louvers, etc. or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
The following minimum standards shall apply for all construction
and development proposed within any Floodplain Conservation District:
A.Â
Fill. If fill is used, it shall:
(1)Â
Extend laterally at least 15 feet beyond the building line from all
points;
(2)Â
Consist of soil or small rock materials only; sanitary landfills
shall not be permitted;
(3)Â
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling;
(4)Â
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; and
(5)Â
Be used to the extent to which it does not adversely affect adjacent
properties.
B.Â
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.Â
Water and sanitary sewer facilities and systems.
(1)Â
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)Â
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(3)Â
No part of any on-site sewage system shall be located within any
Floodplain Conservation 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)Â
The design and construction provisions of the UCC and FEMA No. 348,
Protecting Building Utilities from Flood Damages, and the International
Private Sewage Disposal Code shall be utilized.
D.Â
Other utilities. All other utilities such as gas lines and electrical
and telephone systems shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
E.Â
Streets. The finished elevation of all new streets shall be no more
than one foot below the regulatory flood elevation.
F.Â
Storage. All materials that are buoyant, flammable, explosive, or
in times of flooding could be injurious to human, animal, or plant
life shall be stored at or above the regulatory flood elevation and/or
floodproofed to the maximum extent possible.
G.Â
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 floodwater.
H.Â
Anchoring.
(1)Â
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
(2)Â
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.
I.Â
Floors, walls and ceilings.
(1)Â
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)Â
Plywood used at or below the regulatory flood elevation shall be
of a marine or water-resistant variety.
(3)Â
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)Â
Windows, doors, and other components at or below the regulatory flood
elevation shall be made of metal or other water-resistant material.
J.Â
Paints and adhesives.
(1)Â
Paints and other finishes used at or below the regulatory flood elevation
shall be of marine or water-resistant quality.
(2)Â
Adhesives used at or below the regulatory flood elevation shall be
of a marine or water-resistant variety.
(3)Â
All wooden components (doors, trim, cabinets, etc.) shall be finished
with a marine or water-resistant paint or other finishing material.
L.Â
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.
M.Â
Fuel supply systems. All gas and oil supply systems shall be designed
to prevent the infiltration of floodwaters 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.
N.Â
Uniform Construction Code coordination. The standards and specifications
of the latest adopted Pennsylvania versions of the International Building
Code and International Residential Code, as amended, 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.
All subdivision or land development proposals with area in identified
floodplain areas where base flood elevation data are not available,
shall be supported by hydrologic and hydraulic engineering analyses
that determine base flood elevations and floodway information when
deemed necessary by the Township. 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.
A.Â
Within identified floodplain areas, manufactured homes shall be prohibited
within the area measured 50 feet landward from the top-of-bank of
any watercourse.
B.Â
Where permitted by variance within identified floodplain areas, all
manufactured homes, and any improvements thereto, shall be:
C.Â
Installation of manufactured homes shall be done in accordance with
the manufacturer's installation instructions as provided by the
manufacturer. Where the applicant cannot provide the above information,
the requirements of the latest adopted Pennsylvania version of the
International Residential Building Code or the United States Department
of Housing and Urban Development's Permanent Foundations for
Manufactured Housing, 1984 Edition, draft or latest revision thereto
shall apply and 34 Pa. Code Chapters 401 through 405.
D.Â
Consideration shall be given to the installation requirements of
the latest adopted Pennsylvania versions of the International Building
Code and International Residential Code, as amended where appropriate
and applicable to units where the manufacturer's standards for
anchoring cannot be provided or were not established for the unit(s)
proposed installation.