[Amended 8-12-2008 by Ord. No. 8-12-08]
A.
The intent of this article is to:
(1)
Promote the general health, welfare and safety of the community.
(2)
Encourage the utilization of appropriate construction practices in
order to prevent or minimize flood damage in the future.
(3)
Minimize danger to public health by protecting water supply and natural
drainage.
(4)
Reduce financial burdens imposed on the community, its governmental
units and its residents by preventing excessive development in areas
subject to flooding.
(5)
Comply with federal and state floodplain management requirements.
B.
Applicability and permits.
(1)
It shall be unlawful for any person, partnership, business or corporation
to undertake, or cause to be undertaken, any construction or development
anywhere within an identified floodplain area in the Township unless
a building permit has been obtained from the Building Permit Officer.
(2)
A building permit shall not be required for minor repairs to existing
buildings or structures.
C.
Abrogation and greater restrictions. This article supersedes any
other conflicting provisions which may be in effect in identified
floodplain areas. However, any other ordinance provisions shall remain
in full force and effect to the extent that those provisions are more
restrictive. If there is any conflict between any of the provisions
of this article, the more restrictive shall apply.
D.
Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this article shall be declared invalid for any reason
whatsoever, such a decision shall not affect the remaining portions
of the article, which shall remain in full force and effect, and for
this purpose the provisions of this article are hereby declared to
be severable.
E.
Warning and disclaimer of liability. The degree of flood protection
sought by the provisions of this article is considered reasonable
for regulatory purposes and is based on acceptable engineering methods
of study. Larger floods may occur or flood heights may be increased
by man-made or natural causes, such as ice jams and bridge openings
restricted by debris. This article 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.
F.
This article shall not create liability on the part of the Township
or any officer or employee thereof for any flood damages that result
from reliance on this article or any administrative decision lawfully
made thereunder.
A.
Building permits required. Building permits shall be required before
any construction or development is undertaken within any identified
floodplain area of the Township.
B.
Issuance of building permits as to any identified floodplain area
in the Township.
(1)
The Building Permit Officer shall issue a building permit in an identified
floodplain area only after it has received a base flood elevation
certificate and it has been determined that the proposed work to be
undertaken will be in conformance with the requirements of this and
all other applicable codes.
(2)
In addition to any other requirements, prior to the issuance of any
zoning permit, the Building Permit Officer shall review the application
for the permit to determine if all other necessary government permits
required by state and federal laws have been obtained, such as 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, Section 404, 33 U.S.C.
§ 1344. No permit shall be issued until this determination
has been made.
(3)
In the case of existing structures, prior to the issuance of any
building permit the Building Permit Officer shall review the history
of repairs to the subject building so that any repetitive loss issues
can be addressed before the permit is issued, and the authority to
do so is hereby granted.
(4)
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 Township and until
all required permits or approvals have been first obtained from the
Department of Environmental Protection Regional Office.
(5)
In addition, the Federal Emergency Management Agency and Pennsylvania
Department of Community and Economic Development shall be notified
by the Township prior to any alteration or relocation of any watercourse.
C.
Application procedures and requirements for building permits in an
identified floodplain area.
(1)
Application for such a building permit shall be made, in writing,
to the Building Permit Officer on forms supplied by the Township.
Such application shall contain the following, in addition to any other
information required under § 138-87B:
(a)
Name and address of applicant.
(b)
Name and address of owner of land on which proposed construction
is to occur.
(c)
Name and address of contractor.
(d)
Site location including address.
(e)
Listing of other permits required.
(f)
Brief description of proposed work and estimated cost, including
a breakout of the flood-related cost and the market value of the building
before the flood damage occurred.
(g)
A plan of the site showing the exact size and location of the
proposed construction, as well as any existing buildings or structures.
(2)
If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants for building
permits shall provide all the necessary information in sufficient
detail and clarity to enable the Building Permit Officer to determine
that:
(a)
All such proposals are consistent with the need to minimize
flood damage and conform with the requirements of this and all other
applicable codes and ordinances;
(b)
All utilities and facilities, such as sewer, gas, electrical
and water systems, are located and constructed to minimize or eliminate
flood damage; and
(c)
Adequate drainage is provided so as to reduce exposure to flood
hazards.
(3)
Applicants for building permits in identified floodplain areas shall
file the following minimum information plus any other pertinent information
as may be required by the Building Permit Officer to make the above
determination:
(a)
A completed building permit application form.
(b)
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:
[1]
North arrow, scale and date;
[2]
Topographic contour lines, if available;
[3]
All property and lot lines, including dimensions, and the size
of the site expressed in acres or square feet;
[4]
The location of all existing and proposed buildings, structures
and other improvements, including the location of any existing or
proposed subdivision and land development;
[5]
The location of all existing streets, drives and other accessways;
and
[6]
The location of any existing bodies of water or watercourses,
identified floodplain areas, and, if available, information pertaining
to the floodway and the flow of water, including direction and velocities.
(c)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale, showing the following:
[1]
The proposed lowest floor elevation of any proposed building
based upon North American Vertical Datum of 1988;
[2]
The elevation of the one-hundred-year flood;
[3]
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a one-hundred-year flood; and
[4]
Detailed information concerning any proposed floodproofing measures.
[5]
Supplemental information as may be necessary under 34 Pa. Code,
Chapters 401 to 405, as amended, and Sections 1612.5.1, 104.7 and
109.3 of the 2003 IBC and Sections R106.1.3 and R104.7 of the 2003
IRC.
(d)
Additional data and documentation.
[1]
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
within an FE (special floodplain area), 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.
[2]
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
impact and uplift forces associated with the one-hundred-year flood.
Such statement shall include a description of the type and extent
of floodproofing measures which have been incorporated into the design
of the structure and/or the development.
[3]
Detailed information needed to determine compliance with § 135-62D(6), Storage, and F, Development which may endanger human life, including:
[a]
The amount, location and purpose of any materials or substances referred to in § 135-62D(6) and F which are intended to be used, produced, stored or otherwise maintained on site.
[4]
The appropriate component of the Department of Environmental
Protection's Planning Module for Land Development.
[5]
Where any excavation of grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection to
implement and maintain erosion and sedimentation control.
D.
Review by County Conservation District. A copy of all applications
and plans for any proposed construction or development in any identified
floodplain area to be considered for approval shall be submitted by
the Building Permit Officer to the County Conservation District for
review and comment prior to the issuance of a building permit. The
recommendations of the Conservation District shall be considered by
the Building Permit Officer for possible incorporation into the proposed
plan, and authority is hereby granted to do so.
E.
Review of application by others. A copy of all plans and applications
for any proposed construction or development in any identified floodplain
area to be considered for approval may be submitted by the Building
Permit Officer to any other appropriate agencies and/or individuals
(e.g., Planning Commission, Municipal Engineer, etc.) for review and
comment.
F.
Changes. After the issuance of a building permit by the Building
Permit Officer, no changes of any kind shall be made to the application,
permit or any of the plans, specifications or other documents submitted
with the application without the written consent or approval of the
Building Permit Officer. Requests for any such change shall be in
writing and shall be submitted by the applicant to Building Permit
Officer for consideration.
G.
Placards. In addition to the building permit, the Building Permit
Officer shall issue a placard, which shall be displayed on the premises
during the time construction is in progress. This placard shall show
the number of the building permit, the date of its issuance and shall
be signed by the Building Permit Officer.
H.
Start of construction. Work on the proposed construction and/or development
shall begin within six months and shall be completed within 12 months
after the date of issuance of the building permit or the building
permit shall expire unless a time extension is granted, in writing,
by the Building Permit Officer. Construction and/or development shall
be considered to have started with the preparation of land, land clearing,
grading, filling, excavation of basement, footings, piers or foundations,
erection of temporary forms, the installation of piling under proposed
subsurface footings, or the installation of sewer, gas and water pipes,
or electrical or other service lines from the street. Time extensions
shall be granted only if a written request is submitted by the applicant,
which sets forth sufficient and reasonable cause for the Building
Permit Officer to approve such a request.
I.
Inspection and revocation.
(1)
During the construction period, the Building Permit Officer or other
authorized official shall inspect the premises to determine that the
work is progressing in compliance with the information provided on
the permit application and with all applicable municipal laws and
ordinances. He shall make as many inspections during and upon completion
of the work as are necessary.
(2)
In the discharge of his duties, the Building Permit Officer shall
have the authority to enter any building, structure, premises or development
in the identified floodplain area, upon presentation of proper credentials,
at any reasonable hour to enforce the provisions of this article.
(3)
In the event the Building Permit Officer discovers that the work
does not comply with the permit application or any applicable laws
and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Building Permit Officer shall revoke the building
permit and report such fact to the Board for whatever action it considers
necessary.
(4)
A record of all such inspections and violations of this article shall
be maintained.
(5)
The requirements of the 34 Pa. Code Chapters 401 to 405 and the IBC
(Sections 109.3.3, 1612.5.1, 104.7 and 103.8) and the 2003 IRC (Sections
R106.1.3, 109.1.3 and R104.7), or latest revisions thereof, pertaining
to elevation certificates and record retention shall be considered.
J.
Fees. Applications for a building permit shall be accompanied by
a fee, payable to Tri-County COG Inspection Service, based on the
estimated costs of the proposed construction as determined by the
Building Permit Officer in accordance with the current official Township
fee schedule.
K.
Enforcement.
(1)
Notices. Whenever the Building Permit Officer or other authorized
municipal representative determines that there are reasonable grounds
to believe that there has been a violation of any provisions of this
article, or of any regulations adopted pursuant thereto, the Building
Permit Officer shall give notice of such alleged violation as hereinafter
provided. Such notice shall: a) be in writing; b) include a statement
of the reasons for its issuance; c) allow a reasonable time not to
exceed a period of 30 days for the performance of any act it requires;
d) be served upon the property owner or his agent as the case may
require; provided, however, that such notice or order shall be deemed
to have been properly served upon such owner or agent when a copy
thereof has been served with such notice by any other method authorized
or required by the laws of this state; e) contain an outline of remedial
action which, if taken, will effect compliance with the provisions
of this article.
(2)
Penalties. Any person who fails to comply with any or all of the
requirements or provisions of this article or who fails or refuses
to comply with any notice, order of direction of the Building Permit
Officer or any other authorized employee of the municipality shall
be guilty of an offense and, upon conviction, shall pay a fine to
Township of not less than $25 nor more than $600 plus costs of prosecution.
In default of such payment, such person shall be imprisoned in County
Prison for a period not to exceed 10 days. Each day during which any
violation of this article continues shall constitute a separate offense.
In addition to the above penalties all other actions are hereby reserved,
including an action in equity for the proper enforcement of this article.
The imposition of a fine or penalty for any violation of or noncompliance
with this article shall not excuse the violation or noncompliance
or permit it to continue, and all such persons shall be required to
correct or remedy such violations and noncompliances within a reasonable
time. Any development initiated or any structure or building constructed,
reconstructed, enlarged, altered or relocated in noncompliance with
this article may be declared by the (Board, Council, etc.) to be a
public nuisance and abatable as such.
L.
Appeals.
(1)
Any person aggrieved by any action or decision of the Building Permit
Officer concerning the administration of the provisions of this article
may appeal to the (Board, Council, etc.). Such appeal must be filed,
in writing, within 30 days after the decision, determination or action
of the Building Permit Officer.
(2)
Upon receipt of such appeal, the Board shall set a time and place,
within not less than 10 nor more than 30 days, for the purpose of
considering the appeal. Notice of the time and place at which the
appeal will be considered shall be given to all parties.
(3)
Any person aggrieved by any decision of the Board may seek relief
therefrom by appeal to court, as provided by the laws of this commonwealth,
including the Pennsylvania Flood Plain Management Act.
A.
Identification. The identified floodplain area shall be any areas
of Scott Township subject to the one-hundred-year flood, which is
identified as Zone A (area of special flood hazard) in the Flood Insurance
Study (FIS) dated August 19, 2008, and the accompanying maps, or the
most recent revision thereof, as issued by the Federal Emergency Management
Agency. Including all digital data developed as part of the Flood
Insurance Study.
B.
Description of floodplain areas. The identified floodplain area shall
consist of the following specific areas:
(1)
FW (Floodway Area). The areas identified as "floodway" in the AE
Zone in the Flood Insurance Study prepared by the FEMA. The term shall
also include floodway areas which have been identified in other available
studies or sources of information for those floodplain areas where
no floodway has been identified in the Flood Insurance Study.
(2)
FF (Flood-Fringe Area). The remaining portions of the one-hundred-year
floodplain in those areas identified as an AE Zone in the Flood Insurance
Study where a floodway has been delineated. The basis for the outermost
boundary of this area shall be the one-hundred-year flood elevations
as shown in the flood profiles contained in the Flood Insurance Study.
(3)
FE (Special Floodplain Area). The areas identified as Zone AE in
the Flood Insurance Study where one-hundred-year flood elevations
have been provided but no floodway has been delineated.
(4)
FA (General Floodplain Area). The areas identified as Zone A in the
FIS for which no one-hundred-year flood elevations have been provided.
When available, information from other federal, state and other acceptable
sources shall be used to determine the one-hundred-year elevation,
as well as a floodway area, if possible. When no other information
is available, the one-hundred-year elevation shall be determined by
using a point on the boundary of the identified floodplain area which
is nearest the construction site in question.
C.
Changes in identification of area. The identified floodplain area
may be revised or modified by the Board where studies or information
provided by a qualified agency or person documents the need for such
revision. However, prior to any such change, approval must be obtained
from the Federal Emergency Management Agency (FEMA).
D.
Boundary disputes. Should a dispute concerning any identified floodplain
boundary arise, an initial determination shall be made by the Township
Planning Commission, and any party aggrieved by this decision or determination
may appeal to the Board. The burden of proof shall be on the appellant.
A.
General.
(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.
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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.
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(2)
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 article and any other applicable
codes, ordinances and regulations.
B.
Special requirements for FW, FE and FA areas.
(1)
Within any FW (Floodway Area) the following provisions apply:
(2)
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.
(3)
Within any FE (Special Floodplain Area) or FA (General Floodplain
Area) the following provisions apply:
C.
Elevation and floodproofing requirements.
(1)
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 design and construction standards and specifications contained in the 2003 IBC (Sections 1612.4, 1603.1.6 and 3403.1) and in the 2003 IRC (Sections R323.1.4, R323.2.1, and R323.2.2) and ASCE 24 (Sections 2.4 and 2.5, Chapter 5) and 34 Pa. Code (Chapters 401 to 405, as amended) shall be utilized.
(2)
Nonresidential structures.
(a)
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.
(b)
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 WI 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.
(c)
The design and construction standards and specifications contained
in the IBC (Sections 1603.1.2, 1603.1.6, 1605.2.2, 1606.5, 1612.5.1
and 3403.1. and ASCE 24 (Section 2.4 and Chapter 7) and 34 Pa. Code
(Chapters 401 to 405, as amended) shall be utilized.
(3)
Space below the lowest floor.
(a)
Fully enclosed space below the lowest floor (including basement)
is prohibited.
(b)
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:
[1]
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
[2]
The bottom of all openings shall be no higher than one foot
above grade.
[3]
Openings may be equipped with screens, louvers, etc., or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
(c)
Consideration may be given to the requirements of 34 Pa. Code
(Chapters 401 to 405, as amended) and the 2003 IRC (Sections R323.2.2
and R323.1.4) and the 2003 IBC (Sections 1612.4, 1612.5, 1202.3.2
and 1203.3.3).
(4)
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:
(a)
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.
(b)
Floor area shall not exceed 600 square feet.
(c)
The structure will have a low damage potential.
(d)
The structure will be located on the site so as to cause the
least obstruction to the flow of floodwaters.
(e)
Power lines, wiring and outlets will be at least 1 1/2
feet above the one-hundred-year flood elevation.
(f)
Permanently affixed utility equipment and appliances, such as
furnaces, heaters, washers, dryers, etc., are prohibited.
(g)
Sanitary facilities are prohibited.
(h)
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:
[1]
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
[2]
The bottom of all openings shall be no higher than one foot
above grade.
[3]
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.
Design and construction standards. The following minimum standards
shall apply for all construction and development proposed within any
identified floodplain area.
(1)
Fill. If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the building line from
all points;
(b)
Consist of soil or small rock materials only – sanitary
landfills shall not be permitted;
(c)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring or settling;
(d)
Be no steeper than one vertical to two horizontal feet unless
substantiated data justifying steeper slopes is submitted to and approved
by the Building Permit Officer; and
(e)
Be used to the extent to which it does not adversely affect
adjacent properties. The provisions contained in the 2003 IBC (Sections
1801.1 and 1803.4) shall be utilized.
(2)
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 2003 IBC (Appendix G401.5) shall be
utilized.
(3)
Water and sanitary sewer facilities and systems.
(a)
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.
(b)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(c)
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.
(d)
The design and construction provisions of the UCC and 34 Pa.
Code (Chapters 401 to 405, as amended) and contained in the 2003 IBC
(Appendix G, Sections 401.3 and 401.4), the 2003 IRC (Section 323.1.6),
the ASCE 24-98 (Section 8.3), FEMA #348, Protecting Building Utilities
from Flood Damages, and the International Private Sewage Disposal
Code (Chapter 3) shall be utilized.
(4)
Other utilities. All other utilities, such as gaslines, electrical
and telephone systems, shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
(5)
Streets. The finished elevation of all new streets shall be no more
than one foot below the regulatory flood elevation.
(6)
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 § 135-62F, Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
(7)
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.
(8)
Anchoring.
(a)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse
or lateral movement.
(b)
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.
(c)
The design and construction requirements of the UCC pertaining
to this subsection, as referred to in 34 Pa. Code (Chapters 401 to
405, as amended) and contained in the 2003 IBC (Sections 1605.2.2,
1605.3.1.2, 1612.4 and Appendix G501.3), the IRC (Sections R301.1
and R323.1.1) and ASCE 24-98 (Section 5.6), shall be utilized.
(9)
Floors, walls and ceilings.
(a)
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.
(b)
Plywood used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
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.
(d)
Windows, doors, and other components at or below the regulatory
flood elevation shall be made of metal or other water-resistant material.
(e)
The provisions of the UCC pertaining to this subsection and
referenced in the 34 Pa. Code (Chapters 401 to 405, as amended) and
contained in the 2003 IBC (Sections 801.1.3, 1403.2, 1403.4, 1403.6
and 1404.2), the 2003 IRC (Sections R323.1.7 and R501.3) and ASCE
24-98 (Chapter 6).
(10)
Paints and adhesives.
(a)
Paints and other finishes used at or below the regulatory flood
elevation shall be of marine or water-resistant quality.
(b)
Adhesives used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
All wooden components (doors, trim, cabinets, etc.) shall be
finished with a marine or water-resistant paint or other finishing
material.
(d)
The standards and specifications contained in 34 Pa. Code (Chapters
401 to 405, as amended), the 2003 IBC (Sections 801.1.3, 1403.7 and
Appendix G) and the 2003 IRC (Section R323.1.7).
(11)
Electrical components.
(a)
Electrical distribution panels shall be at least three feet
above the one-hundred-year flood elevation.
(b)
Separate electrical circuits shall serve lower levels and shall
be dropped from above.
(c)
The provisions pertaining to the above provisions and referenced
in the UCC and 34 Pa. Code (Chapters 401 to 405), as amended, and
contained in the 2003 IBC (Section 1612.4), the IRC (Section R323.1.5),
the 2000 IFGC (Sections R301.5 and R1601.3.8) and ASCE 24 (Chapter
8), shall be utilized.
(12)
Equipment.
(a)
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.
(b)
The provisions pertaining to the above provision and referenced
in the UCC and 34 Pa. Code (Chapters 401 to 405), as amended, and
contained in the 2003 IBC (Section 1612.4), the 2003 IRC (Section
R323.1.5), the 2000 IFGC (Sections R301.5 and R1601.3.8) and ASCE
24 (Chapter 8), shall be utilized.
(13)
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.
E.
Uniform Construction Code coordination. The standards and specifications
contained in 34 Pa. Code (Chapters 401 to 405), as amended, and not
limited to the following provisions shall apply to the above and other
sections and subsections of this article to the extent that they are
more restrictive and/or supplement the requirements of this article.
(1)
International Building Code (IBC) 2003, or the latest edition thereof:
Sections 801, 1202, 1403, 1603, 1605, 1612, 3402 and Appendix G.
(2)
International Residential Building Code (IRC) 2003, or the latest
edition thereof: Sections R104, R105, R109, R323, Appendix AE101,
Appendix E and Appendix J.
F.
Development which may endanger human life.
(1)
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 will be used for the production or storage of any
of the following dangerous materials or substances; or 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 materials and substances are considered
dangerous to human life:
(a)
Acetone.
(b)
Ammonia.
(c)
Benzene.
(d)
Calcium carbide.
(e)
Carbon disulfide.
(f)
Celluloid.
(g)
Chlorine.
(h)
Hydrochloric acid.
(i)
Hydrocyanic acid.
(j)
Magnesium.
(k)
Nitric acid and oxides of nitrogen.
(l)
Petroleum products (gasoline, fuel oil, etc.).
(m)
Phosphorus.
(n)
Potassium.
(o)
Sodium.
(p)
Sulphur and sulphur products.
(q)
Pesticides (including insecticides, fungicides and rodenticides).
(r)
Radioactive substances, insofar as such substances are not otherwise
regulated.
(2)
Within any FW (Floodway Area) any structure of the kind described in Subsection F(1) above shall be prohibited.
(3)
Within any FE (Special Floodplain Area) or FA (General Floodplain Area) any new or substantially improved structure of the kind described in Subsection F(1) above shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
(4)
Where permitted within any floodplain area any new or substantially improved structure of the kind described in Subsection F(1) above 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. 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.
G.
Special requirements for manufactured homes.
(1)
Within any FW (Floodway Area) manufactured homes shall be prohibited.
(2)
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.
(3)
Where permitted within any floodplain area, all manufactured home,
and any improvements thereto shall be:
(a)
Placed on a permanent foundation.
(b)
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.
(c)
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 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 to 405.
(e)
Consideration shall be given to the installation requirements
of the 2003 IBC (Appendix G, Section 501.1-3) and the 2003 IRC (Sections
R323.2, R323.3, R102.7.1 and Appendix AE101, 604 and 605), or the
most recent revisions thereto, and 34 Pa. Code Chapters 401 to 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.
A.
General. In accordance with the administrative regulations promulgated
by the Department of Community and Economic Development to implement
the Pennsylvania Flood Plain Management Act, the following activities
shall be prohibited within any identified floodplain:
A.
Existing structures. The provisions of this article 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 § 135-64B shall apply.
B.
Improvements. The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
area:
(1)
No expansion or enlargement of 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 FE 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 modification, alteration, 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 article.
(4)
The above activity shall also address the requirements of the 34
Pa. Code Chapters 401 to 405, as amended, and the 2003 IBC (Sections
3402.1 and 1612.4) and the 2003 IRC (Section 323.1.4).
(5)
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.
(6)
Any modification, alteration, reconstruction or improvement of any
kind that meets the definition of "repetitive loss" shall be undertaken
only in full compliance with the provisions of this article.
(7)
The requirements of 34 Pa. Code Chapters 401 to 405, as amended,
and the 2003 IRC (Sections R102.7.1, R105.3.1 and Appendixes E and
J), or the latest revision thereof, and the 2003 IBC (Sections 101.3,
3403.1 and Appendix G), or the latest revision thereof, shall also
be utilized in conjunction with the provisions of this section.
A.
General. If compliance with any of the requirements of this article
would result in an exceptional hardship to a prospective builder,
developer or landowner, the Zoning Hearing Board may, upon request,
grant relief from the strict application of the requirements.
B.
Variance procedures and conditions.
(1)
Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in § 135-60L and the following:
(a)
No variance shall be granted for any construction, development,
use or activity within any floodway area that would cause any increase
in the one-hundred-year flood elevation.
(b)
No variance shall be granted for any construction, development,
use or activity within any FE 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.
(d)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(e)
In granting any variance, the Township shall attach whatever
reasonable conditions and safeguards it considers necessary in order
to protect the public health, safety and welfare and to achieve the
objectives of this article.
(g)
In reviewing any request for a variance, the Township shall
consider, at a minimum, the following:
[1]
That there is good and sufficient cause.
[2]
That failure to grant the variance would result in exceptional
hardship to the applicant.
[3]
That the granting of the variance will: (i) neither result in
an unacceptable or prohibited increase in flood heights, additional
threats to public safety, or extraordinary public expense; nor (ii)
create nuisances, cause fraud on, or victimize the public, or conflict
with any other applicable state or local ordinances and regulations.
(h)
A complete record of all variance requests and related actions
shall be maintained by the Township. In addition, a report of all
variances granted during the year shall be included in the annual
report to the Federal Emergency Management Agency.
(2)
Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of resisting
the one-hundred-year flood.
