[Ord. 588, 4/12/1995, § 1200]
1.
Applicability. These provisions shall apply to all lands within the
jurisdiction of the Borough of Morton and shown as being located within
the boundaries of the designated floodplain districts which are considered
as a part of the Official Zoning Map.
2.
Compliance. No structure of land shall hereafter be used and no structure
shall be located, relocated, constructed, enlarged, or structurally
altered except in full compliance with the terms and provisions of
this chapter and any other applicable ordinances and regulations which
apply to uses within the jurisdiction of this chapter.
[Ord. 588, 4/12/1995, § 1201]
1.
Description of Districts.
A.
Basis of Districts. The various Floodplain Districts shall include
areas subject to inundation by waters of the one-hundred-year flood.
The basis for the delineation of these districts shall be the Flood
Insurance Study for the Borough of Morton prepared by the Federal
Insurance Administration dated September, 1979.
(1)
The Floodway District (FW) is delineated for purposes of this
chapter using the criteria that a certain area within the floodplain
must be capable of carrying the water of the one-hundred-year flood
without increasing the water surface elevation of that flood more
than one foot at any points. The areas included in this district are
specifically defined in the Floodway Data Table of the above referenced
Flood Insurance Study and shown on the accompanying Flood Boundary
and Floodway Map.
B.
Overlay Concept.
(1)
The Floodplain Districts described above shall be overlays to
the existing underlying districts as shown on the Official Zoning
Ordinance Map, and as such, the provisions for the Floodplain Districts
shall serve as a supplement to the underlying district provisions.
(2)
Where there happens to be any conflict between the provisions
or requirements of any of the Floodplain Districts and those of any
underlying district, the more restrictive provisions and/or those
pertaining to the Floodplain Districts shall apply.
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In the event any provision concerning a Floodplain District
is declared inapplicable as a result of any legislative or administrative
actions or judicial discretion, the basic underlying district provision
shall remain applicable.
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2.
Zoning Map. The boundaries of the Floodplain Districts are delineated
on the map entitled "Flood Boundary and Floodway Map" which is part
of the Flood Insurance Study prepared by the Federal Insurance Administration,
dated September, 1979. The Flood Boundary and Floodway Map is hereby
declared to be a part of both this chapter and the Official Zoning
Map of the Borough of Morton.
3.
District Boundary Changes. The delineation of any of the Floodplain
Districts may be revised by the Borough Council where natural or man-made
changes have occurred and/or more detailed studies, conducted or undertaken
by the U.S. Army Corps of Engineers, the Delaware River Basin Commission
or other qualified agency or individual, documents the notification
for such change. However, prior to any such change, approval must
be obtained from the Federal Insurance Administration (FIA).
4.
Interpretation of District Boundaries. Initial interpretations of
the boundaries of the Floodplain Districts shall be made by the Zoning
Officer. Should dispute arise concerning the boundaries of any of
the districts, the Zoning Hearing Board shall make the necessary determination.
The person questioning or contesting the location of the district
boundary shall be given a reasonable opportunity to present his case
to the Board and to submit his own technical evidence if he so desires.
[Ord. 588, 4/12/1995, § 1202]
1.
All uses, activities, and development occurring with any Floodplain
District shall be undertaken only in strict compliance with the provisions
of this chapter and with all other applicable codes and ordinances.
In addition, all such uses, activities and development shall be undertaken
only in compliance with federal or state law including § 404
of the Federal Water Pollution Control Act Amendments of 1972, 33
U.S.C. § 1334. Under no circumstances shall any use, activity
and/or development adversely affect the capacity of the channels or
floodways of any watercourse, drainage ditch, or any other drainage
facility or system.
A.
Permitted Uses. In the Floodplain Districts, the development and/or
use of land shall be permitted in accordance with the regulations
of the underlying district subject to the following:
(1)
In the Floodway District no development shall be permitted except
where any rise in flood heights caused by the proposed development
will be fully offset by accompanying improvements which have been
approved by all appropriate local and/or state authorities as required
above.
(2)
No mobile home, as defined hereafter, shall be permitted in
the Floodplain Districts.
(3)
Development and/or use in strict compliance with the elevation
and related provisions of the chapter and all other applicable codes
and ordinances.
B.
Prohibited Uses. The following activities shall be prohibited if
located entirely or partially within the Floodplain District:
(2)
Any new or substantially improved structure which:
(a)
Will be used for the production or storage of any of the following
dangerous materials or substances; or,
(b)
Will be used for activity requiring the maintenance of a supply
of more than 550 gallons or other comparable volume or any of the
following dangerous materials or substances on the premises; or,
(c)
Will involve the production, storage, or use of any amount of
radioactive substances;
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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:
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1)
Acetone.
2)
Ammonia.
3)
Benzene.
4)
Calcium carbine.
5)
Carbon disulfide.
6)
Celluloid.
7)
Chlorine.
8)
Hydrochloric acid.
9)
Hydrocyanic acid.
10)
Magnesium.
11)
Nitric acid oxides of nitric acid and oxides of
nitrogen.
12)
Petroleum products (gasoline, fuel oil, etc.)
13)
Phosphorus.
14)
Potassium.
15)
Sodium.
16)
Sulfur and sulfur products.
17)
Pesticides (including insecticides, fungicides,
and rodenticides).
18)
Radioactive substances, insofar as such substances
are not otherwise regulated.
[Ord. 588, 4/12/1995, § 1203; as amended by Ord.
731, 2/11/2015]
1.
Residential Structures.
A.
Within any Floodplain District, the lowest floor, including basement,
of all residential structures shall be constructed at or above the
one-hundred-year flood elevation.
2.
Nonresidential Structures.
A.
Within any Floodplain District the lowest floor, including basement
of all nonresidential structures shall be constructed at or above
the one-hundred-year flood elevation, or such structures shall be
designed and constructed so that the space enclosed shall remain either
completely or essentially dry during any flood up to that height.
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Any nonresidential structure or part thereof which will not
be completely adequately elevated, shall be designed and constructed
to be completely or essentially dry in accordance with the standards
contained in the publication entitled "Floodproofing Regulation" (U.S.
Army Corps of Engineers, June 1972), or some other equivalent standard
for that type of construction.
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3.
Drainage Facilities. Adequate storm drainage shall be provided for
development within any Floodplain District. Storm drainage facilities
shall be designed to convey the flow of storm water runoff in a safe
and efficient manner. The system shall insure drainage at all points
along streets, and provide positive drainage away from buildings.
The system shall also be designed to prevent the discharge of excess
run-off onto adjacent properties.
4.
Sanitary Sewer Facilities. All new or replacement sanitary sewer
facilities and private package sewage treatment plants (including
all pumping stations and collector systems) shall be designed to minimize
or eliminate infiltration of flood waters into the systems and discharged
from the systems into the flood waters. In addition, they should be
located and constructed to minimize or eliminate flood damage and
impairment.
5.
Water Facilities. All new or replacement water facilities shall be
designed to minimize or eliminate infiltration of flood waters into
the system, and be located and constructed to minimize or eliminate
flood damages.
6.
Utilities. All utilities such as gas lines, electrical and telephone
systems being placed in flood prone areas shall be located and constructed
to minimize the chance of impairment during a flood.
7.
Anchoring. Within any Floodplain District all buildings and structures
shall be firmly anchored in accordance with accepted engineering practices
to prevent flotation, collapse or lateral movement.
8.
Materials. All materials and utility equipment used shall be resistant
to flood damage.
[Ord. 588, 4/12/1995, § 1204]
1.
Structures existing in any designated Floodplain Districts prior
to the enactment of this chapter, but which are not in compliance
with these provisions, may continue to remain subject to the following:
A.
Existing structures located in a designated Floodway District shall
not be expanded or enlarged, unless the effect of the proposed expansion
or enlargement on flood heights is fully offset by accompanying improvements.
B.
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 be undertaken only in full compliance with
the provisions of this chapter.
[Ord. 588, 4/12/1995, § 1205; as amended by Ord.
731, 2/11/2015]
1.
Permit Required. A zoning permit shall be required for all construction
and development in any Floodplain District, including the alteration,
repair, remodeling or improvement of existing structures. In addition
to the application requirements of the Morton Building Code, the following
additional information shall be included in an application for construction
or development in any Floodplain District:
A.
A site plan which details the existing and proposed contours and/or
elevation of the ground.
B.
The one-hundred-year flood elevation, and the elevation of the lowest
flood of any proposed structures.
C.
If a proposed nonresidential structure is to be flood-proofed, a
certification from a registered engineer that the flood proofing methods
are adequate to withstand the flood depths, pressure velocities, impact
and uplift forces and other favors associated with the one-hundred-year
flood.
D.
If the proposed development is to be located within the Floodway
District, a certification from a registered engineer that the development
will not cause any increase in the one-hundred-year flood levels within
community or that any such increase will be fully offset by accompanying
watercourse improvement.
E.
The additional information shall be supplied on the form supplied
by the Borough.
2.
Other Permit Issuance Requirements. Prior to the issuance of any
permit, the Zoning Officer shall review the application for permit
to determine if all other necessary governmental permits such as those
required by Act 537, the Pennsylvania Sewage Facilities Act, 35 P.S.
§ 750.1 et seq., Dam Safety and Encroachments Act, 32 P.S.
§ 693.1 et seq., the Federal Water Pollution Control Act
Amendments of 1972, § 404, U.S.C. § 1334. No permit
shall be issued until this determination has been made.
3.
Watercourse Alterations. Prior to any proposed alteration or relocation
of a watercourse, the Developer proposing such modification shall
obtain a permit from the Pennsylvania Department of Environmental
Protection.
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Furthermore, the developer shall notify the Pennsylvania Department
of Community and Economic Development and all affected communities
by certified mail prior to such proposed alterations and shall submit
copies of such notification to the Borough Zoning Officer and the
Federal Insurance Administration. In addition, the developer shall
assure the Borough Council in writing that the flood carrying capacity
within the altered or relocated portion of the watercourse will be
maintained.
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[Ord. 588, 4/12/1995, § 1206; as amended by Ord.
731, 2/11/2015]
1.
Requests for variances and/or special exceptions in the Floodplain
Districts shall be considered by the Zoning Board in accordance with
the following procedures:
A.
No variances shall be granted for any construction, development,
use activity within any designated Floodway (FW) District that would
cause an increase in the one-hundred-year elevation.
B.
If granted, a variance shall involve only the least modification
necessary to provide relief.
C.
In granting any variance, the Zoning Hearing Board may 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 chapter.
E.
In reviewing any request for a variance, the Zoning Hearing Board
shall consider, but not be limited to, 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 request will not result in
any unacceptable or prohibited increased flood heights, additional
threats to public safety, extraordinary public expense, create nuisances,
cause fraud on, or victimize the public, or conflict with any other
applicable local or state ordinances and regulations.
F.
A complete record of all variance requests and related actions shall
maintained by the Borough of Morton. In addition, a report of all
variances granted during the year shall be included in the annual
report to the Federal Insurance Administration. Notwithstanding any
of the above, however, all structures shall be designed and constructed
as to have the capability of resisting the hydrostatic and hydrodynamic
loads and pressures, and effects of buoyancy of the one-hundred-year
flood.
[Ord. 588, 4/12/1995, § 1207]
The following are special definitions which shall be used in
making reasonable interpretations of the provisions contained in this
Part:
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
The construction, reconstruction, renovation, repair extension,
expansion, alteration, or relocation of a building or structure including
the placement of mobile homes.
Those Floodplain Districts specifically designated in this
chapter as being inundated primarily by the one-hundred-year flood.
Included would be areas identified as Floodway District (FW), Flood-Fringe
District (FF), and the Approximated Floodplain District.
Any man-made change to improved or unimproved real estate
including, but not limited to, buildings or other structures, the
placement of mobile homes, streets, and other paving, utilities, mining,
dredging, filling, grading, excavation, or drilling operations and
the subdivision of land.
A space which will remain dry during flooding except for
the passage of some water vapor and minor seepage; the structure is
substantially impermeable to the passage of water.
Any combination of structural and non-structural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
Transportable, single-family dwelling intended for permanent
occupancy, office, or place of assembly, contained in one or more
sections, built on a permanent chassis, which arrives at a site complete
and ready for occupancy except for minor and incidental unpacking
without a permanent foundation. The term does not include recreational
vehicles or travel trailers.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance occurring each year,
although the flood may occur in any year).
[Ord. 588, 4/12/1995, § 1208]
The grant of approval for any construction to be located within
any designated Floodplain District shall not constitute a representation,
guarantee, or warrants of any kind by the Borough of Morton or by
any official or employee thereof of the practicability or safety of
the proposed use, and shall create no liability upon the Borough of
Morton, its official or employees.
