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Borough of Lewistown, PA
Mifflin County
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Table of Contents
Table of Contents
A. 
Alteration or relocation of watercourse.
(1) 
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) 
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) 
In addition, the Federal Emergency Management Agency and Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.
B. 
Technical or scientific data shall be submitted to the Federal Emergency Management Agency 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.
C. 
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.
A. 
Within any FW (Floodway Area), the following provisions apply:
(1) 
Any new construction, development, use, activity, or encroachment that would cause any increase in flood heights shall be prohibited.
(2) 
No new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection Regional Office.
B. 
Within any FE (Special Floodplain Area), no new construction or development shall be allowed unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the elevation of the one-hundred-year flood more than one foot at any point.
C. 
Within any FE (Special Floodplain Area) or FA (General Floodplain Area), the following provisions apply:
(1) 
No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse; provided, however, that this restriction shall not apply to any proposed building, structure or facility to be used by a public utility corporation or to any proposed building, structure, facility or public works improvement to be constructed by the federal, state or local government, or any agency thereof, provided that all the criteria set forth in Subsection C(1)(a), (b), (c) and (d) below are met.
(a) 
The building, structure, facility or improvement is one which is a water supply or water monitoring facility, water supply transmission pipe or pumping station, sewage treatment plant or outlet facility, sanitary sewer pipe or pumping station, stormwater sewer outlet or pipe, dam, road, highway, highway embankment, highway drainage facility or structure, highway appurtenant facility or structure, bridge, power plant, electric substation, telephone exchange, electric or communication transmission line, gas pipe line, playground, municipal recreation park, public park bench, hiking trial, bicycle trail, walking path, boat dock, boat landing or the like, or lighting as necessary for the foregoing.
(b) 
Any such building, structure, facility or improvement does not impair the ability of any FE (Special Floodplain Area) or FA (General Floodplain Area) to carry and discharge the floodwater of the one-hundred-year flood; does not present a substantial likelihood of changing the direction of the natural flow of floodwater; and, when combined with all other existing and anticipated uses, encroachments and features within the FE (Special Floodplain Area) or FA (General Floodplain Area), does not raise the water surface elevation of the one-hundred-year flood.
(c) 
The location, design and construction of any such building, structure, facility or improvement incorporates such sound floodproofing measures and flood damage control measures as are consistent with the nature of the building, structure, facility or improvement and as will minimize flood damage to the public as well as to the building, structure, facility or improvement, provided, however, that all development must be in full compliance with the provisions of 44 CFR 60.3, Floodplain Management Criteria for Flood-Prone Areas.
(d) 
A permit is obtained from the Department of Environmental Protection Regional Office, and a copy of such permit has been filed with the Borough.
[Comment: The exemptions permitted by Subsection C(1) are premised on the assumption that before making the decision to locate and construct a building, structure, facility or improvement which is within the exempt class, the government or agency responsible for making that decision will take into consideration the importance of diverting the building, structure, facility or improvement to an area not prone to flooding and will balance the factors of necessity, exigency, or benefit which compel the decision to locate the building, structure, facility or improvement in the FE (Special Floodplain Area) or FA (General Floodplain Area) against the feasible economic alternatives to that decision, provided, however, that all development must be in full compliance with the provisions of 44 CFR 60.3, Floodplain Management Criteria for Flood-Prone Areas.]
(2) 
Any new construction or development which would cause any increase in flood heights shall be prohibited within any floodway area.
A. 
Residential structures. Within any identified floodplain area, 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. The relevant design and construction standards and specifications contained in the 2009 International Building Code and the 2009 International Residential Code, or latest revisions thereof, and ASCE 24 (Sec. 2.4 and 2.5, Chap. 5) and 34 Pa. Code (Chapters 401 through 405, as amended) shall be utilized.
B. 
Nonresidential structures.
(1) 
Within any identified floodplain area, 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 by such structure shall remain either completely or essentially dry during any flood up to that height.
(2) 
Any nonresidential structure, or part thereof, having a lowest floor which is not elevated to at least 1 1/2 feet above the one-hundred-year flood elevation shall be floodproofed in a completely or essentially dry manner 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.
(3) 
The relevant design and construction standards and specifications contained in the 2009 International Building Code, or latest revision thereof, and ASCE 24 (Secs. 2.4 and Chap. 7) and 34 Pa. Code (Chapters 401 through 405, as amended) shall be utilized.
C. 
Space below the lowest floor.
(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. 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.
(3) 
Consideration may be given to the requirements of 34 Pa. Code (Chapters 401 through 405, as amended) and the relevant portions of the 2009 International Building Code and the 2009 International Residential Code, or latest revisions thereof.
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 100 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 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) 
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.
The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:
A. 
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 feet unless substantiated data justifying steeper slopes are submitted to, and approved by, the Building Code Officer; and
(5) 
Be used to the extent to which it does not adversely affect adjacent properties. The provisions contained in the relevant portions of the 2009 International Building Code, or latest revisions thereof, shall be utilized.
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 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. The provisions contained in the relevant portions of the 2009 International Building Code, or latest revisions thereof, shall be utilized.
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 floodwaters.
(2) 
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
(3) 
No part of any on-site 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 UCC and 34 Pa. Code (Chapters 401 through 405, as amended) and contained in the relevant portions of the 2009 International Building Code and the 2009 International Residential Code, the ASCE 24-98 (Sec. 8.3), FEMA #348, Protecting Building Utilities From Flood Damages, and the International Private Sewage Disposal Code (Chapter 3) or latest revisions thereof shall be utilized.
D. 
Other utilities. All other utilities such as gas lines, electrical and telephone systems shall be located, elevated (where possible) 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 foot below the regulatory flood elevation.
F. 
Storage. 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 § 125-22, Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
G. 
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. 
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.
(3) 
The design and construction requirements of the UCC pertaining to this subsection as referred to in 34 Pa. Code (Chapters 401 through 405, as amended) and contained in the relevant portions of the 2009 International Building Code and the 2009 International Residential Code, and ASCE 24-98 (Sec. 5.6) or latest revisions thereof shall be utilized.
I. 
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.
(5) 
The provisions of the UCC pertaining to this subsection and referenced in the 34 Pa. Code (Chapters 401 through 405, as amended) and contained in the relevant portions of the 2009 International Building Code and the 2009 International Residential Code, or latest revisions thereof.
J. 
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.
(4) 
The standards and specifications contained in 34 Pa. Code (Chapters 401 through 405, as amended) the relevant portions of the 2009 International Building Code and the 2009 International Residential Code, or latest revisions thereof.
K. 
Electrical components.
(1) 
Electrical distribution panels shall be at least three feet above the one-hundred-year flood elevation.
(2) 
Separate electrical circuits shall serve lower levels and shall be dropped from above.
(3) 
The provisions pertaining to the above provisions and referenced in the UCC and 34 Pa. Code (Chapters 401 through 405) as amended and contained in the relevant portions of the 2009 International Building Code and the 2009 International Residential Code, the 2000 IFGC (Secs. R301.5 and R1601.3.8), and ASCE 24 (Chapter 8), or latest revisions thereof shall be utilized.
L. 
Equipment.
(1) 
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.
(2) 
The provisions pertaining to the above provision and referenced in the UCC and 34 Pa. Code (Chapters 401 through 405), as amended, and contained in the relevant portions of the 2009 International Building Code and the 2009 International Residential Code, the 2000 IFGC (Secs. R301.5 and R1601.3.8) and ASCE 24 (Chapter 8), or latest revisions thereof shall be utilized.
M. 
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. 
Uniform Construction Code coordination. The standards and specifications contained 34 Pa. Code (Chapters 401 through 405), as amended, and the relevant portions of the 2009 International Building Code and the 2009 International Residential Code, or latest revisions thereof, shall apply to the above and other sections and subsections of this chapter, to the extent that they are more restrictive and/or supplement the requirements of this chapter.
A. 
In accordance with the Pennsylvania Floodplain Management Act,[1] 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 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:
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, etc.)
Phosphorus
Potassium
Sodium
Sulphur and sulphur products
Pesticides (including insecticides, fungicides, and rodenticides)
Radioactive substances, insofar as such substances are not otherwise regulated
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B. 
Within any FW (Floodway Area), any structure of the kind described in Subsection A, above, shall be prohibited.
C. 
Where permitted within any floodplain area, any new or substantially 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 1 1/2 feet above the one-hundred-year flood; and
(2) 
Designed to prevent pollution from the structure or activity during the course of a one-hundred-year flood.
D. 
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.
All subdivision proposals and development proposals 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 the Federal Emergency Management Agency for a Conditional Letter of Map Revision or Letter of Map Revision. Submittal requirements and processing fees shall be the responsibility of the applicant.
A. 
Within any FW (Floodway Area) manufactured homes shall be prohibited.
B. 
Within any FA (General Floodplain Area) or FE (Special Floodplain Area), manufactured homes shall be prohibited within the area measured 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 1 1/2 feet or more above the elevation of the one-hundred-year flood.
(3) 
Anchored to resist flotation, collapse, or lateral movement.
(4) 
Installation of manufactured homes shall be done in accordance with the manufacturers' installation instructions as provided by the manufacturer. Where the applicant cannot provide the above information, the requirements of Appendix E of the 2003 International Residential Building Code or the U.S. 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.
(5) 
Consideration shall be given to the installation requirements of the relevant portions of the 2009 International Building Code and the 2009 International Residential Code, or the latest revisions thereof and 34 Pa. Code Chapters 401 through 405, 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.
Recreational vehicles in Zones A, A1-30, AH and AE must either:
A. 
Be on the site for fewer than 180 consecutive days;
B. 
Be fully licensed and ready for highway use; or
C. 
Meet the permit requirements for manufactured homes in § 125-24.