1.
Alteration or relocation of watercourse.
A.
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 first been obtained from the Department of Environmental
Protection Regional Office.
B.
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.
C.
In addition, FEMA and the Pennsylvania
Department of Community and Economic Development shall be notified
by the applicant prior to any alteration or relocation of any watercourse.
2.
When a community proposes to permit
the following encroachments: any development that causes a rise in
the base flood elevations within the floodway; or 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 alteration or relocation of a stream (including but not limited
to installing culverts and bridges), the applicant shall (as per 44
CFR 65.12):
A.
Apply to FEMA for conditional
approval of such action prior to permitting the encroachments to occur.
B.
Upon receipt of the Administrator's
conditional approval of map change and prior to approving the proposed
encroachments, a community shall provide evidence to FEMA of the adoption
of floodplain management ordinances incorporating the increased base
flood elevations and/or revised floodway reflecting the post-project
condition.
C.
Upon completion of the proposed
encroachments, a community shall provide as-built certifications.
FEMA will initiate a final map revision upon receipt of such certifications
in accordance with 44 CFR Part 67.
3.
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.
1.
Residential structures.
A.
In AE, A1-30, and AH Zones, any
new construction or substantial improvement shall have the lowest
floor (including basement) elevated up to, or above, the regulatory
flood elevation.
B.
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 § 8-402.3 of this chapter.
C.
In AO Zones, any new construction
or substantial improvement shall have the lowest floor (including
basement) at or above the highest adjacent grade at least as high
as the depth number specified on the FIRM.
D.
The design and construction standards
and specifications contained in the 2009 International Building Code
(IBC) and in the 2009 International Residential Code (IRC) or the
most recent revisions thereof and ASCE 24 and 34 Pa. Code (Chapters
401 through 405, as amended) shall be utilized, where they are more
restrictive.
2.
Nonresidential structures.
A.
In AE, A1-30 and AH 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:
B.
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 § 8-402.3 of this chapter.
C.
In AO Zones, any new construction
or substantial improvement shall have their lowest floor elevated
or completely floodproofed above the highest adjacent grade to at
least as high as the depth number specified on the FIRM.
D.
Any nonresidential structure,
or part thereof, made watertight below the regulatory flood elevation
shall be floodproofed 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.
E.
The design and construction standards
and specifications contained in the 2009 International Building Code
(IBC) and in the 2009 International Residential Code (IRC) or the
most recent revisions thereof and ASCE 24 and 34 Pa. Code (Chapters
401 through 405 as amended) shall be utilized, where they are more
restrictive.
3.
Space below the lowest floor.
A.
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.
B.
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, or other coverings or devices provided that
they permit the automatic entry and exit of floodwaters.
4.
Historic structures. Historic
structures undergoing repair or rehabilitation that would constitute
a substantial improvement as defined in this chapter must comply with
all ordinance requirements that do not preclude the structure's continued
designation as an historic structure. Documentation that a specific
ordinance requirement will cause removal of the structure from the
National Register of Historic Places or the State Inventory of Historic
Places must be obtained from the Secretary of the Interior or the
State Historic Preservation Officer. Any exemption from ordinance
requirements will be the minimum necessary to preserve the historic
character and design of the structure.
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 are submitted to and approved by the Floodplain Administrator;
and
E.
Be used to the extent to which
it does not adversely affect adjacent properties.
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.
3.
Water and sanitary sewer facilities
and systems.
A.
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.
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 waste
disposal 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 FEMA No. 348, "Protecting Building Utilities From Flood
Damages," and the International Private Sewage Disposal Code shall
be utilized.
4.
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.
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 § 8-504, Development which may endanger human life, shall be stored at or above the regulatory flood elevation 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.
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.
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.) used at or below the regulatory flood elevation
shall be finished with a marine or water-resistant paint or other
finishing material.
12.
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.
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.
14.
Uniform Construction Code coordination.
The standards and specifications contained 34 Pa. Code (Chapters 401
through 405), as amended and not limited to the following provisions
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.
Within any identified floodplain area, any structure of the kind described in Subsection 1 below shall be prohibited. If a variance is obtained in accordance with the criteria in Part 8, then the following provisions apply:
1.
In accordance with the Pennsylvania
Flood Plain 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: 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.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
2.
Within any identified floodplain area, any new or substantially improved structure of the kind described in Subsection 1 above shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
3.
Within any floodway area, any structure of the kind described in Subsection 1 above shall be prohibited. Where permitted within any identified floodplain area, any new or substantially improved residential structure of the kind described in § 8-504.1 above shall be elevated to remain completely dry up to at least 1 1/2 feet above base flood elevation and built in accordance with §§ 8-501, 8-502 and 8-503.
4.
Where permitted within any identified floodplain area, any new or substantially improved nonresidential structure of the kind described in § 8-504.1 above shall be built in accordance with §§ 8-501, 8-502 and 8-503, including: elevated, or designed and constructed to remain completely dry up to at least 1 1/2 feet above base flood elevation, and designed to prevent pollution from the structure or activity during the course of a base 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.
All subdivision proposals and development proposals containing
at least 50 lots or at least five acres, whichever is the lesser,
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.
The analyses shall be prepared by a licensed professional engineer
in a format required by FEMA for a conditional letter of map revision
and letter of map revision. Submittal requirements and processing
fees shall be the responsibility of the applicant.
1.
Within any identified floodplain
area manufactured homes shall be prohibited. If a variance is obtained
in accordance with the criteria in Part 8, then the following provisions
apply.
2.
Within any floodway area/district,
manufactured homes shall be prohibited. If a variance is obtained
in accordance with the criteria in Part 8, then the following provisions
apply.
3.
Within any identified floodplain
area manufactured homes shall be prohibited within the area measured
50 feet landward from the top-of-bank of any watercourse.
4.
Where permitted within any identified
floodplain area, all manufactured homes, and any improvements thereto,
shall be:
A.
Placed on a permanent foundation;
B.
Elevated so that the lowest floor
of the manufactured home is at least 1 1/2 feet above base flood
elevation;
C.
Anchored to resist flotation,
collapse, or lateral movement; and
D.
Have all ductwork and utilities
including HVAC/heat pump elevated to the regulatory flood elevation.
5.
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 2009
"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 and 34 Pa.
Code Chapters 401 through 405 shall apply.
6.
Consideration shall be given to
the installation requirements of the 2009 IBC, and the 2009 IRC or
the most recent revisions thereto and 34 Pa. Code, as amended where
appropriate and/or applicable to units where the manufacturers' standards
for anchoring cannot be provided or were not established for the proposed
unit(s) installation.
Within any identified floodplain area recreational vehicles
shall be prohibited. If a variance is obtained in accordance with
the criteria in Part 8, then the following provisions apply: