No use of property or improvements thereto other
than those permitted in this section shall be permitted in those portions
of the Borough designated as being in the Flood Hazard Overlay District.
A.
The Flood Hazard Overlay District shall be comprised
of the identified floodplain area. The identified floodplain area
shall be those areas of the Borough which are subject to the one-hundred-year
flood, as identified in the Flood Insurance Study (FIS) dated October
4, 1995, and the accompanying maps prepared for the Borough by the
Federal Emergency Management Agency (FEMA), or the most recent revision
thereof.
(1)
The identified floodplain area shall consist of the
following specific areas:
(a)
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.
(b)
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.
(c)
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.
(d)
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 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.
(2)
In lieu of the above, the Borough 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 Borough.
B.
The Flood Hazard Overlay District Map for the Borough
shall delineate the Flood Hazard Overlay District. This map, or the
Flood Hazard Overlay District shall be deemed an overlay on the otherwise
applicable zoning districts set forth on the Borough Zoning Map.[1] No reduction in the Flood Hazard Overlay District shall
be made without prior consultation with and approval of the Federal
Insurance Administrator.
[1]
Editor's Note: The Zoning Map is included
at the end of this chapter.
C.
The boundaries of the Flood Hazard Overlay District
shall be determined by scaling the distances as shown on the Flood
Hazard Overlay District Map after such map is prepared. Where interpretation
is needed as to the exact location of the boundaries of the district
as shown thereon, as, for example, where there appears to be conflict
between the mapped boundary and actual field conditions, an initial
determined of the exact boundary of the area subject to inundation
by the base flood shall be made by the Borough Engineer and a written
report made to the Council. Any party aggrieved by any such determination
of the Borough Engineer or other decision or determination under this
article may appeal to the Zoning Hearing Board. The person contesting
the location of the district boundary shall have the burden of proof
in case of any such appeal. Such interpretation by the Borough Engineer
and/or Zoning Hearing Board shall not constitute a reduction of the
Flood Hazard Overlay District for purposes of requiring prior approval
of the Federal Insurance Administrator.
E.
The degree of flood protection required by this article
is considered reasonable for regulatory purposes and is based on scientific
study. Larger floods may occur on rare occasions or the flood height
may be increased by man-made or natural causes such as ice jams or
bridge openings constricted by debris. In such instances, areas outside
the Flood Hazard Overlay District or land uses permitted within the
district may be subject to flooding or flood damages. This Article
shall not create liability on the part of the Borough or any officer
or employee thereof for any flood damages that result from reliance
on this chapter or any administrative decision lawfully made thereunder.
The following uses and no others, unless by
special exception granted by the Zoning Hearing Board, are permitted
in the Flood Hazard Overlay District to the extent that they are not
prohibited by any other law or ordinance and to the extent that they
do not require structure, fill or storage of materials or equipment.
A.
Agricultural. General farming, pasture, orchard, grazing
outdoor plant nurseries and truck farming. Such activities shall be
conducted in accordance with a plan approved by the Allegheny County
Soil and Water Conservation District or recognized soil conservation
practices by the Borough.
B.
Selective cutting of trees. Permitted, provided that
desirable mature shade trees are not totally eliminated, that particular
attention is paid to retaining such trees within 25 feet of any stream
bank and that no such trees growing within or upon a stream bank shall
be removed unless dead or damaged and threatening the stability of
the bank.
C.
Recreational uses. Parks, camps, picnic grounds, golf
courses, golf driving ranges, archery and shooting ranges, hiking
and riding trails, hunting and fishing areas, game farms, fish hatcheries,
wildlife sanctuaries, nature preserves and swimming areas.
D.
Pervious parking areas and driveways. Permitted, when
consistent with the regulations for the underlying zoning district
otherwise applicable to the lot.
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 Borough
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection or Bureau of Dams
and Waterways. In addition, the Federal Emergency Management Agency
shall be notified prior to any alteration or relocation of any watercourse.
B.
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.
A.
With any FW (Floodway Area), the following provisions
apply:
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.
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, unless a permit is obtained from the Department of
Environmental Protection, Bureau of Dams and Waterways.
(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.
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 "Floodproofing Regulations,"
published by the 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 registered landscape architect
which states that the proposed design and methods of construction
are in conformance with the above referenced standards.
The following uses are permitted only upon the
granting of a special exception by the Zoning Hearing Board.
A.
Accessory. Accessory uses customarily incidental to
any of the foregoing permitted uses may be specifically excepted.
B.
Other. Railroads, roads, bridges, utility transmission
lines, dams and culverts, where approved by the Borough Engineer in
consultation with any interested Commonwealth agency, may be specifically
excepted.
C.
Water and sewer. Sealed water supply wells, water
pipelines and sanitary sewer line systems, provided that they are
designed and constructed to eliminate infiltration of floodwater into
the waters of the Commonwealth, may be specially excepted.
A.
Factors. The following factors are to be considered
by the Zoning Hearing Board in considering an application for administrative
relief from the requirements for the granting of a special exception
or variance from this article.
(1)
The danger to life and property due to increased flood
heights or velocities caused by encroachments.
(2)
The danger that materials may be swept onto other
lands or downstream to the injury of other.
(3)
The proposed water supply and sanitation systems and
the ability of these systems to avoid causing disease, contamination
and unsanitary conditions.
(4)
The susceptibility of the proposed use to flood damage
and the effect of such damage on the owner.
(5)
The importance of the proposed use to the community.
(6)
The requirements of the use for the waterfront location.
(7)
The availability of alternative locations, not subject
to flooding, for the proposed use.
(8)
The compatibility of the proposed use with existing
and foreseeable nearby use.
(9)
The relationship of the proposed use to the Borough
Comprehensive Plan any floodplain management program for the area.
(10)
The safety of access to the property in time
of flood for ordinary and emergency vehicles.
(11)
The expected heights, velocity, duration, rate
or rise and sediment transport of the floodwater expected at the site.
(12)
The likelihood that the proposed use will result
in extraordinary public expense, create nuisances, cause fraud on
or victimization of the public or conflict with existing Borough ordinances
or regulations.
(13)
The proposed activity's possible undue alteration
of natural water flows or water temperatures.
(14)
The potential degradation or destruction of
archaeological or historic sites and structures, endangered or threatened
species of animals or plants, high-quality wildlife habitats or other
irreplaceable land uses.
(15)
Such other factors which are relevant to the
purposes of this chapter.
B.
Variance requests. In addition to the foregoing and
in addition to other criteria elsewhere in this chapter, the following
factors are to be considered by the Zoning Hearing Board in considering
a request for a variance from the provisions this article:
A.
The Zoning Hearing Board shall attach such conditions
to granting of a special exception or variance as it deems necessary
to further the purposes of this article, including, without limitation
because of specific enumeration, the following:
(1)
Any new development, construction or substantial improvement
to an existing structure shall be elevated so that the lowest floor,
including basement, is elevated to at least 1 1/2 feet above
the base flood level of the Flood Hazard Overlay District at the place
of construction. All proposed lowest floor and basement elevations
shall be shown in relation to mean sea level, based upon the National
Geodetic Vertical Datum of 1929.
(2)
All such structures shall be securely anchored to
prevent flotation, collapse and lateral movement. All such structures
shall employ construction materials and techniques to minimize flood
damage. Adequate drainage shall be provided.
(3)
The provisions of all other federal and state rules
and regulations are applicable to such construction. No special exception
or variance will be granted until all applicable state and federal
permits are obtained.
(4)
Required floodproofing measures (nonresidential construction)
may include, without limitation because of specific enumeration, the
following:
(a)
Installation of watertight doors, bulkheads
and shutters.
(b)
Reinforcement of walls to resist water pressure.
(c)
Use of paints, membranes or mortars to reduce
seepage of water through walls.
(d)
Addition of mass or weight to structures to
resist flotation.
(e)
Installation of pumps to lower water levels
in structures.
(f)
Construction of water supply and waste treatment
systems so as to prevent the infiltration of floodwater.
(g)
Pumping facilities for subsurface external foundation
wall and basement floor pressures.
(h)
Construction to resist rupture or collapse caused
by water pressure or floating debris.
(i)
Cutoff valves on sewer lines or the elimination
of gravity flow basement drains.
(5)
The following design and construction standards shall
be followed:
(a)
Any building or structure shall be constructed
and placed on the lot so as to offer the minimum obstruction to the
flow of water. In so doing, consideration shall be given to its effect
upon the flow and height of floodwaters.
(b)
All utilities, such as water and sewer lines,
gas lines and electrical and telephone systems, being placed in the
Flood Hazard Overlay District should be located, elevated, where possible,
and constructed to minimize the chance of impairment during a flood.
(c)
All electric water heaters, electric furnaces,
electric air-conditioning and ventilating systems and other electrical
equipment or apparatus shall be permitted only at elevations above
the base flood level.
(d)
Water heaters, furnaces and other mechanical
equipment or apparatus shall be permitted only at elevations above
the base flood level.
(e)
No part of any on-site sewage disposal system
shall be constructed within any part of the Flood Hazard Overlay District.
(f)
All materials that are buoyant, flammable, explosive,
or in time of flooding, could be injurious to human, animal or plant
life shall be stored only at elevations above the base flood level.
(6)
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.
(7)
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.
(8)
A complete record of all variance requests and related
actions shall be maintained by the Borough. In addition, a report
of all variances granted during the year shall be included in the
annual report to the Federal Insurance Administration.
B.
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 and to satisfy the minimum requirements
under § 60.3d of the National Flood Insurance Program Regulations.
In any case where the Zoning Hearing Board shall
grant a special exception or variance to permit the erection of a
structure or to permit a change in use of a structure already existing
in the Flood Hazard Overlay District, the Board shall, for the protection
of prospective purchasers and lessees, impose the following conditions:
A.
Advice. Require the applicant to advise prospective
purchasers and/or lessees that the lot is located either entirely
or partially, as the case may be, in the Flood Hazard Overlay District.
B.
Written notice. Require that, before settlement or
change in use, as the case may be, may take place, the purchaser or
lessee shall signify, in writing, that he/she has been advised that
the premises lie partially or entirely in the Flood Hazard Overlay
District, and a signed copy of such signification shall be delivered
to the Borough by the applicant.
C.
Deed restriction. A deed restriction shall be created and placed on record to run as a covenant with the land, which restriction shall contain the following provision. "This lot is entirely (partially) within a flood hazard area as defined by Article VIII of the Borough of Edgeworth Zoning Ordinance."
Upon receiving an application for a special exception or variance, the Zoning Hearing Board shall, prior to rendering a decision thereon and notwithstanding the provision of Article XVI of this chapter, require the applicant to furnish the following materials as is deemed necessary by the Board:
A.
Plans. Plans, in triplicate, drawn to scale, showing
the nature, location, dimensions, and elevation of the lot and the
existing and proposed uses, photographs showing the existing uses
and vegetation, soil types and other pertinent information.
B.
Cross sections. A series of cross sections at twenty-five-foot
intervals along the lot shoreline showing the stream channel or lake
or pond bottom and elevation of adjoining land areas to be occupied
by the proposed uses and base flood elevation information. Cross sections
shall be field-run topography based on a known United States Geological
Survey benchmark.
C.
Profile. A profile showing the slope of the bottom
of the channel or pond.
D.
Specifications. Specifications for building materials
and construction, floodproofing, filling, dredging, grading, storage
and water supply and sanitary facilities.
E.
Computation. Computation of the increase, if any,
in the height of the base flood which would be attributable to any
proposed uses.
F.
Experts. In considering any application for a special
exception or variance, the Zoning Hearing Board may request at the
hearing the testimony of the Council, Planning Commission, the Borough
Engineer and other technical experts concerning the extent to which
the proposed use would:
(1)
Diminish the capacity of the Flood Hazard Overlay
District to store and absorb floodwaters, to moderate flood velocities
and to accommodate sediment.
(2)
Be subject to flood damage.
(3)
Cause erosion and impair the amenity of the Flood
Hazard Overlay District.
(4)
Adversely affect the area contiguous to the Flood
Hazard Overlay District as well as areas downstream.
G.
Notifications and documentations. The Zoning Hearing
Board shall notify the applicant, in writing, that the issuance of
a decision to allow construction or development below the base flood
elevation will result in increased premium rates for flood insurance
and that such construction below the base flood elevation increases
risks to life and property. Such notification shall be maintained
with a record of all decisions as herein required. The Zoning Hearing
Board shall also maintain a record of all decisions, including justification
for their issuance and report such decisions issued in its annual
report submitted to the Federal Insurance Administration. The elevation
of the proposed lowest floor of any structure approved by the Zoning
Hearing Board shall be indicated on the application for a building
permit.
In addition to and without limitation of the
uses specifically permitted in the Flood Hazard Overlay District by
the provisions of this article, the following activities are specifically
prohibited in the Flood Hazard Overlay District:
A.
Clear cutting of trees, as defined in this chapter,
or the clearing of vegetation, except where such clearing is necessary
for construction permitted as a result of action by the Zoning Hearing
Board, as a reforestation measure or as a means to eliminate dead,
diseased or hazardous tree stands. When a clear cutting operation
is deemed permissible for one of the above reasons, it shall be consistent
with the term of a woodland management plan approved by the Council.
Under no circumstances shall a clear cutting operation be conducted
within 25 feet of a stream.
B.
Sod farming.
C.
Storage of any material which, if inundated, would
float.
D.
Storage of flammable or toxic material or any other
material which, if inundated, would degrade or pollute the water or
cause damage if swept downstream.
E.
Installation of maintenance of on-site sewage disposal
systems and wells.
F.
The construction, enlargement or expansion of mobile
homes, mobile home parks and mobile home subdivisions.
G.
Junkyards.
H.
Alteration or relocation of any watercourse, unless
and until the applicant has notified the governing bodies of adjacent
municipalities and the Pennsylvania Department of Community and Economic
Development, with copies of such notices being sent to the Federal
Insurance Administrator, and has demonstrated to the satisfaction
of the Borough Engineer that the flood-carrying capacity of the watercourse
as altered or relocated is maintained at a level equal to or better
than the existing flood-carrying capacity. This requirement shall
be in addition to the requirements of the Pennsylvania Department
of Environmental Protection pertaining to such alteration or relocation.
I.
The construction, enlargement or expansion of hospitals,
public or private.
J.
The construction, enlargement or expansion of nursing
homes, public or private.
K.
The construction, enlargement or expansion of jails
and prisons.
L.
The construction, enlargement or expansion of any
structure which would be used for the production, storage or maintenance
of a supply of the following toxic chemicals which are dangerous to
human life:
(1)
Acetone.
(2)
Ammonia.
(3)
Benzine.
(4)
Calcium carbide.
(5)
Carbon disulfide.
(6)
Celluloid.
(7)
Chlorine.
(8)
Hydrochloric acid.
(9)
Hydrocyanic acid.
(10)
Magnesium.
(11)
Nitric acid and oxides of nitrogen.
(12)
Petroleum products (gasoline, fuel oil, etc.).
(13)
Phosphorus.
(14)
Potassium.
(15)
Sodium.
(16)
Sulphur and sulphur products.
(17)
Pesticides, including insecticides, fungicides
and rodenticides.
(18)
Radioactive substances, insofar as such substances
are now otherwise regulated.
(19)
Any other dangerous materials or substances
regulated by the appropriate federal or commonwealth agencies.
M.
Any development which would result in an increase
in the base flood level.