Article 1373
TECHNICAL PROVISIONS

Sections:

1373.01    General.

1373.02    Elevation and floodproofing requirements.

1373.03    Design and construction standards.

1373.04    Development which may endanger human life.

1373.05    Special requirements for subdivisions.

1373.06    Special requirements for manufactured homes.

1373.07    Special requirements for recreational vehicles.

1373.01 General.

(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 city, 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, FEMA and the 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 FEMA for a letter of map revision (LOMR) within six months of the completion of any new construction, development or other activity resulting in changes in the BFE.

(c) Within any floodway area, no new construction or development shall be permitted that would cause any increase in the base flood elevation.

(d) Within any AE area/district, 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 base flood more than one foot at any point.

(e) Within any identified floodplain area, no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless the appropriate permit is obtained from the Department of Environmental Protection regional office.

(f) 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 title and any other applicable codes, ordinances and regulations. (Ord. 3751 § 2, 2016; Ord. 3702 § 1, 2012)

1373.02 Elevation and floodproofing requirements.

(a) Residential Structures.

(1) 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, and shall meet the design and construction standards, specifications and applicable provisions of the Uniform Construction Code as adopted under the Pennsylvania Construction Code Act, as amended.

(2) 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.

(3) 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 or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with the following:

When available, information from other federal, state and other acceptable sources shall be used to determine the BFE, as well as a floodway area, if possible. When no other information is available, the BFE shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question. In lieu of the above, the city may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the city.

(b) Nonresidential Structures.

(1) 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:

(i) Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water; and

(ii) Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

(2) 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.

(3) 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 or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with the following:

(4) When available, information from other federal, state and other acceptable sources shall be used to determine the BFE, as well as a floodway area, if possible. When no other information is available, the BFE shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question. In lieu of the above, the city may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the city.

(5) 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 conform to 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:

(i) A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.

(ii) The bottom of all openings shall be no higher than one foot above grade.

(iii) 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, if the structure meets 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 storage of tools, material and equipment related to the principal use or activity.

(2) Floor area shall not exceed 200 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 elevated to the regulatory 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:

(i) A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.

(ii) The bottom of all openings shall be no higher than one foot above grade.

(iii) Openings may be equipped with screens, louvers, etc., or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (Ord. 3751 § 3, 2016; Ord. 3702 § 1, 2012)

1373.03 Design and construction standards.

The following minimum standards 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 floodplain administrator; and

(5) Be used to the extent to which it does not adversely affect adjacent properties.

(b) Drainage Facilities. Storm drainage facilities shall be designed to convey the flow of storm water runoff in a safe and efficient manner. The system shall insure proper drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.

(c) Water and Sanitary Sewer Facilities and Systems.

(1) All new or replacement water supply and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.

(2) 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 of provisions of the UCC and FEMA No. 348, “Protecting Building Utilities from Flood Damages” and the International Private Sewage Disposal Code shall be utilized.

(d) 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 MMC 1373.04, 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.

(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.

(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, trims, cabinets, etc.) shall be finished with a “marine” or “water-resistant” paint or other finishing material.

(k) Electrical Components.

(1) Electrical distribution panels shall be at least three feet above the base flood elevation.

(2) Separate electrical circuits shall serve lower levels and shall be dropped from above.

(l) Equipment. Water heaters, furnaces, air conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.

(m) 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 of the Uniform Construction Code (herein referred to as the UCC) as adopted under the Pennsylvania Construction Code Act and applicable regulations of the Department of Labor and Industry, as amended, including, but not limited to, the following provisions, shall apply to the above and other sections and subsections of this title, to the extent that they are more restrictive and/or supplement the requirements of this title:

International Building Code (IBC) 2009 or the latest edition thereof:

Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, Appendix G, and revisions and supplements thereto.

International Residential Building Code (IRC) 2009 or the latest edition thereof:

Sections R104, R105, R109, R323, Appendix AE101, Appendix E, Appendix J, and revisions and supplements thereto.

Pennsylvania Department of Labor and Industry regulations found at 34 PA Code, Chapters 401 through 405, as amended. (Ord. 3702 § 1, 2012)

1373.04 Development which may endanger human life.

(a) 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:

(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

• Sulfur and sulfur products

• Pesticides (including insecticides, fungicides, and rodenticides)

• Radioactive substances, insofar as such substances are not otherwise regulated.

(b) Within any floodway area, any structure of the kind described in subsection (a) of this section shall be prohibited.

(c) Where permitted within any floodplain area, any new or substantially improved structure of the kind described in subsection (a) of this section shall be:

(1) Elevated or designed and constructed to remain completely dry up to base flood elevation;

(2) Designed to prevent pollution from the structure or activity during the course of a base flood elevation.

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.

(d) Within any floodplain area, any new or substantially improved structure of the kind described in subsection (a) of this section shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse, unless the appropriate permit is obtained from the Department of Environmental Protection regional office. (Ord. 3751 § 4, 2016; Ord. 3702 § 1, 2012)

1373.05 Special requirements for subdivisions.

All subdivision and land development proposals containing 50 lots or more, or five acres or more, in flood hazard areas where base flood elevation data is 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 or letter of map revision. Submittal requirements and processing fees shall be the responsibility of the applicant. (Ord. 3702 § 1, 2012)

1373.06 Special requirements for manufactured homes.

(a) Within any FW (floodway area), manufactured homes shall be prohibited.

(b) Within floodplain or special flood hazard areas, 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 at or above base flood elevation; and

(3) 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, the applicable requirements of the Pennsylvania Uniform Construction Code, and regulations adopted pursuant thereto, or the requirements of the U.S. Department of Housing and Urban Development’s “Permanent Foundations for Manufactured Housing,” 1984 Edition, draft or latest revision thereto, as applicable. (Ord. 3702 § 1, 2012)

1373.07 Special requirements for recreational vehicles.

Recreational vehicles in zones A1-30, AH and AE must:

(a) Be on the site for fewer than 180 consecutive days; or

(b) Be fully licensed and ready for highway use; or

(c) Meet the permit requirements for manufactured homes in MMC 1371.04. (Ord. 3702 § 1, 2012)