A.
No encroachment, alteration or improvement of any kind shall be made
to any watercourse until all required permits or approvals have been
first obtained from the Department of Environmental Protection. In
addition, FEMA and the Pennsylvania Department of Community and Economic
Development shall be notified by the municipality prior to any alteration
or relocation of any watercourse.
B.
No encroachment, alteration or improvement of any kind shall be made
to any watercourse until the municipality has notified all adjacent
municipalities that may be affected by such action.
C.
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.
A.
Residential structures. Within any FW, FF, or FA Area, the lowest
floor, including basement, of any new or improved residential structures
shall be at least 1 1/2 feet above the one-hundred-year flood
elevation.
B.
Nonresidential structures.
(1)
Within any FW, FF or FA Area, the lowest floor, including basement,
of any new or improved nonresidential structure shall be at least
1 1/2 feet above the one-hundred-year flood elevation or shall
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 "Flood-Proofing 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.
C.
Space below the lowest floor.
(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)
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.
D.
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 the 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 or 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.
A.
Fill. If fill is used, it shall extend laterally at least 15 feet
beyond the building line from all points and consist of soil or small
rock materials only and be compacted to provide the necessary permeability
and resistance to erosion, scouring or settling and be no steeper
than one vertical to two horizontal, unless sustained data justifying
steeper slopes is submitted to and approved by the Floodplain Administrator.
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 ensure drainage at all points along streets and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge or excess runoff onto adjacent properties.
C.
Sanitary sewer facilities. All new or replacement sanitary sewer
facilities 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.
D.
Water facilities. All new or replacement water facilities shall be
designed to minimize or elongate infiltration of floodwaters into
the system and be located and constructed to minimize or eliminate
flood damages.
E.
Streets. The finished elevation of proposed new streets shall be
no more than one foot below the regulatory flood elevation.
F.
Utilities. All utilities, such as gas lines and electrical and telephone
systems, being placed in identified flood-prone areas should be located,
elevated and constructed to minimize the chance of impairment during
a flood.
G.
Storage. No materials that are buoyant, flammable, and explosive
or in times of flooding could be injurious to human, animal or plant
life shall be stored below the regulatory flood elevation.
H.
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 minimum
effect upon the flow and height of floodwaters. In all new construction
and substantial improvements, fully enclosed areas below the lowest
floor that are subject to flooding shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwaters. Designs for meeting the requirement
must either be certified by a registered professional engineer or
architect or must meet or exceed the following minimum criteria: A
minimum of two openings having a total net area of not less than one
square inch for every foot of enclosed areas subject to flooding shall
be provided. The bottom of all openings shall be no higher than one
foot above grade. Openings may be equipped with screens, louvers or
other coverings or devices, provided that they permit the automatic
entry and exit of floodwaters.
I.
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.
J.
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.
K.
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.) used at or below
the regulatory flood elevation shall be finished with a marine or
water-resistant paint or other finishing material.
L.
Electrical systems and components.
(1)
Electric water heaters, furnaces, air-conditioning and ventilating
systems and other electrical equipment or apparatus shall not be located
below the regulatory flood elevation.
(2)
Electrical distribution panels shall be at least three feet above
the one-hundred-year flood elevation.
(3)
Separate electrical circuits shall serve lower levels and shall be
dropped from above.
M.
Plumbing.
(1)
Water heaters, furnaces and other mechanical equipment or apparatus
shall not be located below the regulatory flood elevation.
(2)
Water supply systems and sanitary sewage systems shall be designed
to prevent the infiltration of floodwaters into the system and discharges
from the system into floodwaters.
(3)
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.
(4)
No part of any on-site 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.
A.
Special requirements for manufactured homes.
(1)
Within any FW (Floodway Area), manufactured homes shall be prohibited.
(2)
Where permitted within any floodplain area, all manufactured homes,
and any improvements thereto, shall be:
(3)
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 Appendix E of the 2006 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 revisions thereto, and 34 Pa. Code Chapters
401 through 405 shall apply.
(4)
Consideration shall be given to the installation requirements of
the 2006 International Buildings Code, and the 2006 International
Residential Code or the most recent revisions thereto and 34 Pa. Code,
as amended, where appropriate and/or applicable to units where the
manufacturer's standards for anchoring cannot be provided or
were not established for the units' proposed installation.
B.
Special requirements for subdivisions. All subdivision proposals
and development containing at least 50 lots or at least five acres,
whichever is the lesser, in flood hazard 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. The analyses shall be prepared by a licensed professional
engineer in a format required by FEMA for a Conditional Letter of
Map Revision of Letter of Map Revision. Submittal requirements and
processing fees shall be the responsibility of the applicant.
The provisions of this section shall be applicable in addition
to any other applicable provisions of this chapter or any other ordinance,
code or regulation of Latrobe.
A.
Identification of activities requiring a special permit. In accordance
with the Pennsylvania Flood Plain Management Act[1] and regulations adopted by the Department of the Community
Affairs as required by the Act, the following obstructions and activities
are permitted only by special permit, if located partially or entirely
within any identified floodplain area:
(2)
The commencement of or any construction of a new manufactured homes
park or manufactured homes subdivision, or substantial improvement
to an existing manufactured homes park or manufactured homes subdivision.
[1]
Editor’s Note: See 32 P.S. § 679.101 et seq.
B.
Placement requirements. Applicants for special permits shall provide
to the Floodplain Administrator of Latrobe five copies of the following
items:
(1)
A written request, including a completed building permit application
form.
(2)
A small-scale map showing the vicinity in which the proposed site
is located.
(3)
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:
(a)
North arrow, scale and date.
(b)
Topography based upon the North American Vertical Datum of 1988,
showing existing and proposed contours at intervals of two feet.
(c)
All property and plot lines, including dimensions, and the size
of the site expressed in acres or square feet.
(d)
The location of all existing streets, drives, other accessways
and parking areas, with information concerning widths, pavement types
and construction, and elevations.
(e)
The location of any existing bodies of water or watercourses,
buildings, structures and other public or private facilities, and
any other natural and man-made features affecting or affected by the
proposed activity or development.
(f)
The location of the floodplain boundary line, information and
spot elevations concerning the one-hundred-year flood elevations and
information concerning the flow of water including directions and
velocities.
(g)
The location of all proposed buildings, structures, utilities
and any other improvements.
(h)
Any other information that the municipality considers necessary
for adequate review of the application.
(4)
Plans of all proposed buildings, structures and other improvements,
clearly and legibly drawn to suitable scale, showing the following:
(a)
Sufficiently detailed architectural or engineering drawings,
including floor plans, sections and exterior building elevations,
as appropriate.
(b)
For any proposed building, the elevation of the lowest floor
and, as required, the elevation of any other floor.
(c)
Complete information concerning flood depths, pressures, velocities,
impact and uplift forces and other factors associated with the one-hundred-year
flood.
(d)
Detailed information concerning any proposed floodproofing measures.
(e)
Cross-section drawings for all proposed streets, drives, other
accessways and parking areas showing all rights-or-way and pavement
widths.
(f)
Profile drawings for all proposed streets, drives, and vehicular
accessways, including existing and proposed grades.
(g)
Plans and profiles of all proposed sanitary and storm sewer
systems, water supply systems and any other utilities and facilities.
(5)
The following data and documentation:
(a)
Certification from the applicant that the size upon which the
activity or development is proposed is an existing separate and single
parcel, owned by the applicant or the client he represents.
(b)
Certification from a registered professional engineer, architect
or landscape architect that the proposed construction has been adequately
designed to protect against damage from the one-hundred-year flood.
(c)
A statement, certified by a registered professional engineer,
architect, landscape architect or other qualified person who 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 one-hundred-year flood, including a statement concerning the effects
such pollution may have on human life.
(d)
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 one-hundred-year
flood elevations and flows.
(e)
A statement, certified by a registered professional engineer,
architect or landscape engineer, 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 one-hundred-year flood elevation, and the effects such materials
and debris may have on one-hundred-year flood elevations and flows.
(f)
The appropriate component of the Department of Environmental
Protection planning module for land development.
(g)
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection to
implement and maintain erosion and sedimentation control.
(h)
Any other applicable permits such as, but not limited to, a
permit for any activity regulated by the Department under Section
302 of Act 1978-166.
(i)
An evacuation plan that fully explains the manner in which the
site will be safely evacuated before or during the course of a one-hundred-year
flood.
C.
Application review process. Upon receipt of an application for a
special permit by the Floodplain Administrator of Latrobe, the following
procedures shall apply in addition to all other applicable permit
procedures that are already established:
(1)
Within the three working days following receipt of the application,
a complete copy of the application and all accompanying documentation
shall be forwarded to the County Planning Commission by registered
or certified mail for its review and recommendations. Copies of the
application shall also be forwarded to the Latrobe Planning Commission
and Engineer for review and comment.
(2)
If an application is received that is incomplete, Latrobe shall notify
the applicant, in writing, stating in what respects the application
is deficient.
(3)
If Latrobe decides to disapprove an application, it shall notify
the applicant, in writing, of the reasons for the disapproval.
(4)
If Latrobe approves an application, it shall file written notification,
together with the application and all pertinent information, with
the Department of Community Affairs, by registered mail, within five
workings days after the decision made by Latrobe.
(5)
Before issuing the special permit, Latrobe shall allow the Department
of Community Affairs 30 days after receipt of the notification by
the Department to review the application and the decision made by
Latrobe.
(6)
If Latrobe does not receive any communication from the Department
of Community Affairs during the thirty-day review period, it may issue
a special permit to the applicant.
(7)
If the Department of Community Affairs should decide to disapprove
an application, it shall notify Latrobe and the applicant in writing
of the reasons for the disapproval and Latrobe shall not issue the
special permit.
D.
Technical requirements for development requiring a special permit.
In addition to any other applicable requirements, the following provisions
shall also apply to the activities requiring a special permit.
(1)
No application for a special permit shall be approved unless it can
be determined that the structure or activity will be located, constructed
and maintained in a manner which will:
(a)
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:
[1]
The structure will survive inundation by waters of the one-hundred-year
flood without any lateral movement or damage to either the structure
itself or any of its equipment or contents below the one-hundred-year
flood elevation.
[2]
The lowest floor elevation, including basement, will be at least
1 1/2 feet above the one-hundred-year 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 one-hundred-year
flood.
(b)
Prevent any significant possibility of pollution, increased
flood levels or flows or debris endangering life and property.
(2)
All hydrologic and hydraulic analysis shall be undertaken only by
a professional engineer or others of demonstrated qualification who
shall certify that the technical methods used correctly reflect currently
accepted technical concepts. Studies, analyses, computations, reports
and other written materials shall be submitted in sufficient detail
to allow a thorough technical review by Latrobe and the Department
of Community Affairs.
E.
Except for a possible modification of the freeboard requirements
involved, no variance shall be granted for any of the other requirements
of this section.
The provisions of this section shall be in addition to any other
applicable provisions of this chapter or any other ordinance, code
or regulation of Latrobe.
A.
In accordance with the Pennsylvania Flood Plain Management Act[1] and the regulations adopted by the Department of Community
Affairs as required by the Act, any new or substantially improved
structure which will be used for the production or storage of any
of the following dangerous materials or substances, 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 list of material and substances are considered
dangerous to human life:
|
Acetone
|
|
Ammonia
|
|
Benzene
|
|
Calcium carbide
|
|
Carbon disulfide
|
|
Celluloid
|
|
Chlorine
|
|
Hydrochloric acid
|
|
Hydrocyanic acid
|
|
Magnesium
|
|
Nitric acid and oxides of nitrogen
|
|
Pesticides (including insecticides, fungicides, and rodenticides)
|
|
Petroleum products (gasoline, fuel oil, etc.)
|
|
Phosphorus
|
|
Potassium
|
|
Radioactive substances, insofar as such substances are not otherwise
regulated
|
|
Sodium
|
|
Sulphur and sulphur products
|
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
Within the Floodway (FW) Area, any structure of the kind described in Subsection A of this section shall be prohibited.
C.
Within FF or FA Areas.
(1)
Where permitted within any Flood-Fringe (FF) Area or General Floodplain (FA) Area, any structure of the kind described in Subsection A of this section shall be elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the one-hundred-year flood and designed to prevent pollution from the structure or activity during the course of a one-hundred-year flood.
(2)
Any such structure or part thereof that will be built below the regulatory
flood elevation shall be designated and constructed in accordance
with the standards for completely dry floodproofing contained in the
publication Flood-Proofing Regulations (United States Army Corps of
Engineers, June 1972), or with some other equivalent watertight standard.
D.
Except for a possible modification of the freeboard requirements
involved, no variance shall be granted for any of the other requirements
of this section.
A.
Existing structures. The provisions of this chapter do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of Subsection B shall apply.
B.
Improvements.
(1)
No expansion or enlargement or an existing structure shall be
allowed within any floodway area that would cause any increase in
the elevation of the one-hundred-year flood.
(2)
No expansion or enlargement of an existing structure shall be
allowed within any FF Area that would, together with all other existing
and anticipated development, increase the one-hundred-year flood elevation
more than one foot at any point.
(3)
Any modifications, alterations, reconstruction or improvement
of any kind to an existing structure, to an extent or amount of 50%
or more of its market value, shall constitute a substantial improvement
and shall be undertaken only in full compliance with the provisions
of this chapter.
(4)
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.
