As used in this chapter, the following terms
shall have the meanings indicated:
ALLUVIAL SOILS
An azonal great group of soils, developed from transported
and relatively recently deposited material (alluvium) characterized
by a weak modification (or none) of the original materials by soil-forming
processes.
FLOODWAY
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the waters
of a one-hundred-year flood without cumulatively increasing the water
surface elevation more than one foot at any point.
FLOODWAY FRINGE
The area of the floodplain not lying within a floodway which
may hereafter be covered by flood waters up to the one-hundred-year
flood.
ONE-HUNDRED-YEAR FLOOD
The highest level of flooding that, on the average, is likely
to occur once every 100 years (i.e., that has a 1% chance of occurring
each year).
RUNOFF (Hydraulics)
That portion of the precipitation of a drainage area or water
shed that is discharged from the area in stream channels. Types include
surface runoff, groundwater runoff, or seepage.
SUBSTANTIAL IMPROVEMENT
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. For the purposes of this definition "substantial
improvement" is considered to occur when the first alteration of any
wall, ceiling, floor or other structural part of the building commences,
whether or not that alteration affects the external dimensions of
the structure. The term does not, however, include either any project
for improvement of a structure to comply with existing state or local
health, sanitary or safety code specifications which are solely necessary
to assure safe living conditions, or any alteration of a structure
listed on the National Register of Historic Places or a State Inventory
of Historic Places.
It is the purpose of this article to promote the public health, safety and general welfare and to minimize those losses described in §
185-87, by provisions designed to:
A. Restrict or prohibit uses which are dangerous to health,
safety or property in times of flood and/or cause increased flood
height or velocities.
B. Protect the quality and quantity of surface and subsurface
water supplies adjacent to and/or underlying the floodplain.
C. Provide areas for the deposition of floodborne sediment.
D. Require that all uses vulnerable to floods (including
public facilities), where they are permitted by special exception
or variance, be so constructed as to be protected against flood damage.
E. Require that, where uses are permitted by special
exception or variance, written notice be given to prospective purchasers
and/or lessees that the land under consideration for agreement of
sale or lease is designated as lying either partially or totally within
the floodplain as it is defined by this article and/or the Borough
Zoning Map.
F. Protect the natural drainage ways in order to provide
areas for flood water transport with the least possible perturbance
to life and property.
The following uses and no others (unless by
special exception or variance granted by the Zoning Hearing Board)
are permitted in the Flood Plain Conservation District:
A. Cultivation and harvesting of crops in accordance
with recognized soil conservation practices, as defined and determined
by the U.S. Soils Conservation Service.
C. Outdoor plant nursery, orchard, tree farm.
D. Fish hatchery, hunting and fishing preserve.
E. Wildlife sanctuary, woodland preserve, and arboretums.
F. Permeable parking areas and driveways when permitted
by the regulations for the contiguous zoning district otherwise applicable
to the lot.
G. Closed sanitary sewer line systems, when constructed
on the floodway fringe of the Flood Plain Conservation District, but
in no case running along or directly within the floodway, except when
such required course must cross a floodway junction.
H. A maximum of 3/4 of any setback required for
the development of any lot or tract in any district contiguous to
the Flood Plain Conservation District, provided that such setback
shall not be used for any on-site sewage disposal system or a well.
The following uses may be allowed when granted
by the Zoning Hearing Board:
A. Sewage treatment plants and piping stations, water
pumping stations and water treatment plants, and storm sewer systems,
subject to approval of the Department of Environmental Protection
of the Commonwealth and the Borough Engineer, when constructed on
the floodway fringe of the Flood Plain Conservation District, but
in no case within the floodway. These systems shall be designed and
constructed to eliminate infiltration of flood waters into the systems
and discharges from the systems into the waters of the Commonwealth.
B. Dams, culverts and bridges when approved by the Department
of Environmental Protection of the Commonwealth and the Borough Engineer.
C. Recreational uses, both public and private, such as
parks, day camps, athletic fields, excluding permanent structures.
D. Grading and/or fill provided that the effect is not
adversely to affect either the cross-sectional profile of the stream,
watercourse and Flood Plain Conservation District, or increase the
ten-year flood level of the floodway or the velocity of the water
in the floodway at the point of such grading or fill. All requests
for change of grade shall be accompanied by a detailed engineering
report, including maps showing all existing contours and all proposed
contours. In no case shall fill be used which should in any way contaminate
or pollute the stream, pond, lake or other body of water.
E. Factors to be considered by the Zoning Hearing Board
in passing upon each application for a special exception are as follows:
(1) The danger to life and property due to increased flood
levels or velocities caused by encroachments.
(2) The danger that materials may be swept on to other
lands or downstream to the possible injury of others.
(3) The ability of any proposed water supply and/or sanitation
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 and the community.
(5) The requirements of the use for a floodway or floodway
fringe location.
(6) The availability of alternative locations, not subject
to flooding, for the proposed use.
(7) The compatibility of the proposed use with existing
and foreseeable nearby uses.
(8) The relationship of the proposed use to the Comprehensive
Plan and Flood Plain Conservation Management Program for the area.
(9) The safety of access to the property in times of flood
for ordinary and emergency vehicles.
(10)
The expected levels, velocity, duration, rate
of rise, and sediment transport of the flood waters in the Flood Plain
Conservation District expected at the site, resulting from a study
by a registered professional engineer qualified in hydrology in the
commonwealth.
(11)
Such other factors which may be considered relevant
to the purposes of the article.
Upon consideration of the purposes of this article,
the Board may attach such conditions to the 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:
A. Any new construction and/or substantial improvement
to an existing structure shall have the lowest floor (including basement)
elevated to 1 1/2 feet above the water surface elevation for
a one-hundred-year flood at the place of construction. In any area
for which the said elevation is not designated in the Flood Insurance
Study or Flood Insurance Rate Map for the Borough, the required elevation
shall be determined by selecting the point on the boundary of the
floodplain nearest to the site in question and elevating the lowest
floor (including basement) of the structure to 1 1/2 feet above
such elevation. 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. The elevation of the
proposed lowest floor shall be indicated on the application for a
building permit. The provisions of all other state and federal rules
and regulations are applicable to such construction.
B. That such uses shall be designed so that the floodway
shall carry the waters of the one-hundred-year flood without increasing
the water surface elevation of that flood at any point in the Flood
Plain Conservation District.
In addition to and without limitation of the
uses specifically permitted in the Flood Plain Conservation District
by the provisions of this article, the following activities are specifically
prohibited in the Flood Plain Conservation District:
A. The clearing of vegetation except for weeds and the
removal of diseased shrubs or trees, or trees or portions thereof,
which might cause hazard to life or property; and except where such
clearing is necessary for construction permitted as a result of action
by the Zoning Hearing Board.
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 stream,
or cause damage if swept downstream.
E. Installation or maintenance of on-site sewage disposal
systems and wells.
F. Placement or maintenance of a structure, including
a mobile home.
G. 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 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.
H. Any hospital, nursing home, jail or prison, mobile
home park or mobile home subdivision or any "Development Which May
Endanger Human Life" as defined in Section 38.7 of the Department
of Community and Economic Development Flood Plain Management regulations
is not permitted anywhere within the Flood Plain Management District.
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 or the flood height may
be increased by man-made or natural causes. In such instances, areas
within or without the Flood Plain Conservation District may be subject
to flooding or flood damage. This article shall not create liability
on the part of the Borough of Chester Heights or any officer or employee
thereof for any flood damage that results from reliance on this article
or any administrative decision made thereunder.
This article is designed to reduce flood losses
and shall take precedence over any conflicting laws, ordinances, or
codes; and where the provisions of this article and all standards
and specifications adopted under it impose greater restrictions than
those of any other ordinance or regulation, the provisions of this
article and its standards and specifications shall be controlling.
In addition to penalties as are set forth for
violations of this chapter, any development performed in violation
of the provisions hereof shall be restored to its previous condition,
including the destruction of illegally constructed buildings, replacement
of excavated earth, removal of illegally placed fill, and restoration
of grades and plantings to the original conditions.