[Amended 6-12-1985 by Ord. No. 469]
A.
Purpose. The purpose of these provisions is to prevent
the loss of property and life, the creation of health and safety hazards,
the disruption of commerce and governmental services, the extraordinary
and unnecessary expenditure of public funds for flood protection and
relief, and the impairment of the tax base by:
(1)
Regulating uses, activities, and development which,
acting alone or in combination with other existing or future uses,
activities, and development, will cause unacceptable increases in
flood heights, velocities and frequencies.
(2)
Restricting or prohibiting certain uses, activities,
and development from locating within areas subject to flooding.
(3)
Requiring all those uses, activities, and development
that do occur in flood-prone areas to be protected and/or floodproofed
against flooding and flood damage
(4)
Protecting individuals from buying lands and structures
which are unsuited for intended purposes because of flood hazards.
B.
Zoning permits. A zoning permit shall be required
for all construction and development, which includes, but is not limited
to, buildings or other structures, paving, filling, grading, excavation,
mining, dredging, or drilling operations.
C.
Applicability. These provisions shall apply to all
lands within the jurisdiction of the Borough of Leetsdale and shown
on the Official Zoning Map as being located within the boundaries
of any floodplain district.
D.
Compliance. No structure or land shall hereafter be
used and no structure shall be located, relocated, constructed, reconstructed,
enlarged or structurally altered except in full compliance with the
terms and provisions of this article and any other applicable ordinances
and regulations which apply to uses within the jurisdiction of this
chapter.
E.
Warning and disclaimer of liability
(1)
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 on rare occasions. 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 the floodplain
districts, or that land uses permitted within such districts, will
be free from flooding or flood damage.
(2)
This article shall not create liability on the part
of the Borough or Zoning Officer or any officer or employee thereof
for any flood damages that result from reliance on this article or
any administrative decision lawfully made thereunder.
[Amended 6-12-1985 by Ord. No. 469]
A.
Description of districts.
(1)
Basis of districts. For the purposes of this article,
the various floodplain districts shall include those areas identified
as being subject to the one-hundred-year flood in the Flood Insurance
Study (FIS) prepared for the Borough by the Federal Insurance Administration
(FIA) dated November 1, 1984, and as further amended.
[Amended 10-14-1992 by Ord. No. 507]
(a)
The FW (Floodway Area) is delineated for purposes
of this article using the criteria that a certain area within the
floodplain must be capable of carrying the waters of the one-hundred-year
flood more than one foot at any point. The areas included in this
area are defined in the Floodway Data Table contained in the Flood
Insurance Study as prepared by the FEMA and shown on the accompanying
FIRM. Where no floodway has been delineated in the FIS, such information
contained in any other available federal, state, or other acceptable
source should be used.
(b)
The FF (Flood-Fringe Area) shall be that area
of one-hundred-year floodplain not included in the floodway. The basis
for the outermost boundary of this area shall be the one-hundred-year-flood
elevations contained in the flood profiles provided in the FIS. Where
elevation information is not provided in the FIS, such information
provided in any other available federal, state, or other acceptable
source should be used.[1]
[1]
Editor's Note: Former § 802(1)(a)(3),
regarding the General Floodplain District (FA), which previously followed
this subsection, was repealed 9-21-1995 by Ord. No. 529.
(2)
Overlay concept.
(a)
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.
(b)
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.
(c)
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 provisions shall remain applicable.
B.
Zoning Map. The boundaries of the floodplain districts
are established as shown on the Official Zoning Map of the Borough
of Leetsdale which is declared to be a part of this article and which
shall be kept on file at the Secretary's office, Municipal Building.
C.
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 US Army Corps of Engineers
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).
D.
Interpretation of district boundaries. Initial interpretation
of the boundaries of the floodplain districts shall be made by the
Zoning Officer. Should a 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.
[Amended 6-12-1985 by Ord. No. 469]
A.
All uses, activities and development occurring within any floodplain district shall be undertaken only upon issuance of a zoning permit. Such development shall be undertaken in strict compliance with the provisions of this article and with all other applicable codes and ordinances such as the Borough Building Code (Chapter 132, Construction Codes, Uniform) and Chapter 265, Subdivision and Land Development.
B.
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.
C.
Prior to any proposed alteration or relocation of
any stream, watercourse, etc., within the municipality, a permit shall
be obtained from the Department of Environmental Resources, Dams and
Waterways and Management Bureau. Further, notification of the proposal
shall be given to all affected adjacent municipalities. Copies of
such notification shall be forwarded to both the Federal Insurance
Administration and the Department of Community Affairs.
D.
Floodway District (FW). In the Floodway District (FW)
any new construction and/or development that would cause any increase
in flood heights shall be prohibited.
(1)
Permitted uses. In the Floodway District the following
uses and activities are permitted, provided that they are in compliance
with the provisions of the underlying district and are not prohibited
by any other ordinance and provided that they do not require structures,
fill or storage of materials and equipment:
(a)
Agricultural uses such as general farming, pasture,
grazing, outdoor plant nurseries, horticulture, truck farming, forestry,
sod farming and wild crop harvesting.
(b)
Public and private recreational uses and activities
such as parks, day camps, picnic grounds, golf courses, boat launching
and swimming areas, hiking and horseback riding trails, wildlife and
natural preserves, game farms, fish hatcheries, trap and skeet game
ranges, and hunting and fishing areas.
(c)
Accessory residential uses such as yard areas,
gardens, play areas, and pervious parking area.
(d)
Accessory industrial and commercial uses such
as yard areas, pervious parking and loading areas, airport landing
strips, etc.
(2)
Uses permitted by special exception. The following
uses and activities may be permitted by special exception, provided
that they are in compliance with the provisions of the underlying
district and are not prohibited by any other ordinance:
(a)
Structures except for manufactured homes accessory to the uses and activities in Subsection D(1) above.
[Amended 10-14-1992 by Ord. No. 507]
(b)
Utilities and public facilities and improvements
such as railroads, streets, bridges, transmission lines, pipelines,
water and sewage treatment plants, and other similar or related uses.
(c)
Water-related uses and activities such as marinas,
docks, wharves, piers, etc.
(d)
Extraction of sand, gravel, and other materials.
(e)
Temporary uses such as circuses, carnivals,
and similar activities.
(f)
Storage of materials and equipment provided
that they are not buoyant, flammable or explosive, and are not subject
to major damage by flooding, or, provided that such material and equipment
is firmly anchored to prevent flotation or movement, and/or can be
readily removed from the area within the time available after flood
warning.
(g)
Other similar uses and activities, provided
they cause no increase in flood heights and/or velocities. All uses,
activities and structural developments shall be undertaken in strict
compliance with the floodproofing provisions contained in all other
applicable codes and ordinances.
E.
Flood-Fringe District (FF). In the Flood-Fringe District,
the development and/or use of land shall be permitted in accordance
with the regulations of the underlying district, provided that all
such uses, activities, and/or development shall be undertaken in strict
compliance with the floodproofing and related provisions contained
in all other applicable codes and ordinances.[1]
[1]
Editor's Note: Former § 803(6) and
(7), regarding the General Floodplain District (FA), which previously
followed this subsection, were repealed 9-21-1995 by Ord. No. 529.
A.
In passing upon applications for special exceptions
and variances, the Zoning Hearing Board shall consider all relevant
factors and procedures specified in other sections of this chapter.
(1)
The danger to life and property due to increased flood
heights or velocities caused by encroachments. No special exception
or variance shall be granted in the Floodway (FW) for any proposed
use, development or activity that will cause any increase in flood
levels during the one-hundred-year flood.
(2)
The danger that materials may be swept onto other
lands or downstream to the injury of others.
(3)
The proposed water supply and sanitation systems and
ability of these systems to prevent disease, contamination and unsanitary
conditions.
(4)
The susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage on the individual
owners.
(5)
The importance of the services provided by the proposed
facility to the community.
(6)
The requirements of the facility for a 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
development and development anticipated in the foreseeable future.
(9)
The relationship of the proposed use to the comprehensive
plan and floodplain management program for the area.
(10)
The safety of access to the property in times
of flood of ordinary and emergency vehicles.
(11)
The expected heights, velocity, duration, rate
of rise and sediment transport of the floodwaters expected at the
site.
(12)
Such other factors which are relevant to the
purposes of this article.
B.
The Zoning Hearing Board may refer any application
and accompanying documentation pertaining to any request for a special
exception or variance to any engineer or other qualified person or
agency for technical assistance in evaluating the proposed project
in relation to flood heights and velocities, and the adequacy of the
plans for protection and other related matters.
C.
Special exceptions and/or variances shall only be
issued after the Zoning Hearing Board has determined that the granting
of such will not result in unacceptable or prohibited increases in
flood heights, additional threats to public safety, extraordinary
public expense; create nuisances; cause fraud or victimization of
the public; or conflict with local laws or ordinances.
A structure or use of a structure or premises
which lawfully existed before the enactment of these provisions but
which is not in conformity with these provisions may be continued
subject to the following conditions:
A.
Existing structures and/or uses located in any 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, repair, reconstruction,
or improvement of any kind to a structure and/or use located in any
floodplain district to an extent or amount of less than 50% of its
market value shall be elevated and/or floodproofed to the greatest
extent possible regardless of its location in the floodplain district.
C.
The modification, alteration, repair, reconstruction
or improvement of any kind to a structure and/or use regardless of
its location in a floodplain district 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 article and any other applicable ordinance.
D.
Uses or adjuncts thereof which are, or become, nuisances
shall not be permitted to continue.
[Added 6-12-1985 by Ord. No. 469]
A.
Development which may endanger human life prohibited.
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 which will be used for any activity requiring the
maintenance of a supply (more than 550 gallons or other comparable
volume or any amount of radioactive substances) of any of the following
dangerous materials or substances on the premises is completely prohibited
within any identified floodplain area:
(1)
Acetone.
(2)
Ammonia.
(3)
Benzene.
(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 not otherwise regulated.
B.
Other prohibited structures and activities, general.
The following obstructions and activities are prohibited if located
entirely or partially within an identified floodplain area:
(1)
Hospitals (public or private).
(2)
Nursing homes (public or private).
(3)
Jails or prisons.
(4)
New manufactured home parks and manufactured home
subdivisions, and substantial improvements to existing manufactured
home parks.
[Amended 10-14-1992 by Ord. No. 507]
(5)
New individual manufactured homes.
[Amended 10-14-1992 by Ord. No. 507]
[Amended 6-12-1985 by Ord. No. 469]
As used in this article, the following terms
shall have the meanings indicated:
Any area of the building having its floor below ground level
on all sides.
[Added 9-21-1995 by Ord. No. 529]
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of manufactured homes, streets and other paving, utilities, filling,
grading, excavation, mining, dredging or drilling operations and the
subdivision of land.
[Amended 10-14-1992 by Ord. No. 507]
A temporary inundation of normally dry land area.
That portion of the floodplain outside the floodway.
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
article, the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude.
Any structure that is:
[Added 9-21-1995 by Ord. No. 529]
Listed individually in the National Register
of Historic Places (a listing maintained by the Department of Interior)
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of
historic places in states with historic preservation programs which
have been approved by the Secretary of Interior; or
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this article.
[Added 9-21-1995 by Ord. No. 529]
A 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
and assembly operations, and constructed so that it may be used with
or without a permanent foundation. The term does not include recreational
vehicles or travel trailers.
[Amended 10-14-1992 by Ord. No. 507]
Structures for which the start of construction commenced
on or after November 12, 1980, and includes any subsequent improvements
thereto.
[Added 9-21-1995 by Ord. No. 529]
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
[Added 9-21-1995 by Ord. No. 529]
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either, before the improvement or repair is started, or
if the structure has been damaged, and is being restored, before the
damage occurred.
