Borough of West View, PA Article VII Certain Construction in Flood Hazard Areas

[Added 6-12-1985 by Ord. No. 1295]

§ 116-33 Storage or production of hazardous materials.

A. The provisions of this section shall be applicable, in addition to any other applicable provisions of this chapter, or any other ordinance, code or regulation.

B. In accordance with the Pennsylvania Flood Plain Management Act,[1] and the regulations adopted by the Department of Community and Economic Development as required by the Act, 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 will be used for any activity requiring the maintenance of a supply of not more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or 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:

(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.

[1] Editor's Note: See 32 P.S. § 679.101.

C. Within any floodway district or floodway area, any structure of the kind described hereinabove shall be prohibited.

D. Where permitted within any flood-fringe district or flood-fringe area or general floodplain district or general floodplain area, any structure of the kind described hereinabove shall be:

(1) Elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the one-hundred-year flood; and

(2) Designed to prevent pollution from the structure or activity during the course of a one-hundred-year flood.

E. 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 (United States Army Corp of Engineers, June 1972), or with some other equivalent watertight standard.

F. Within any general floodplain district or general floodplain area, any structure of the kind described hereinabove shall be prohibited within the area measured 50 feet landward from the top of the bank of any watercourse.

G. Except for a possible modification of the freeboard requirements involved, no variance shall be granted for any of the other requirements of this section.

§ 116-34 Activities requiring special permits.

A. The provisions of this section shall be applicable, in addition to any other applicable provisions of this chapter, or any other ordinance, code or regulation.

B. Identification of activities requiring a special permit. In accordance with the Pennsylvania Flood Plain Management Act of 1978[1] and the regulations adopted by the Department of Community and Economic Development as required by said Act, the following obstructions and activities are permitted only by special permit if located partially or entirely within any floodplain district or identified floodplain area:

(1) The commencement of any of the following activities or the construction or enlargement or expansion of any structure used or intended to be used for hospitals, nursing homes, jails or prisons.

(2) The commencement of or any construction of a new manufactured home park or manufactured home subdivision or substantial improvement to an existing manufactured home park or manufactured home subdivision.

[Amended 10-2-1995 by Ord. No. 1359]

[1] Editor's Note: See 32 P.S. § 679.101 et seq.

C. Applicants for special permits shall provide five copies of the following items:

(1) A written application, including a completed building permit application form.

(2) A small-scale map showing the vicinity in which the proposed site is located.

(3) A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:

(a) North arrow, scale and date.

(b) Topography based upon the National Geodetic Vertical Datum of 1929, showing existing and proposed contours at intervals of two feet.

(c) All property and lot lines, including dimensions, and the size of the site expressed in acres or square feet.

(d) The location of all existing streets, drives, other accessways and parking areas, with information concerning widths, pavement types and construction, and elevations.

(e) The location of any existing bodies of water or watercourses, buildings, structures and other public or private facilities, including railroad tracks and facilities, and any other natural and man-made features affecting or affected by the proposed activity or development.

(f) The location of the floodplain boundary lines, information and spot elevations concerning the one-hundred-year flood elevations and information concerning the flow of water, including direction and velocities.

(g) The location of all proposed buildings, structures, utilities and any other improvements.

(h) Any other information which the municipality considers necessary for adequate review of the application.

(4) Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at suitable scale showing the following:

(a) Sufficiently detailed architectural or engineering drawings, including floor plans, sections and exterior building elevations, as appropriate.

(b) For any proposed building, the elevation of the lowest floor (including basement) and, as required, the elevation of any other floor.

(c) Complete information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with the one-hundred-year flood.

(d) Detailed information concerning any proposed floodproofing measures.

(e) Cross-section drawings for all proposed streets, drives, other accessways and parking areas, showing all rights-of-way and pavement widths.

(f) Profile drawings for all proposed streets, drives and vehicular accessways, including existing and proposed grades.

(g) Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems and any other utilities and facilities.

(5) The following data and documentation:

(a) Certification from the applicant that the site upon which the activity or development is proposed is an existing separate and single parcel, owned by the applicant or the client he represents.

(b) Certification from a registered professional engineer, architect or landscape architect that the proposed construction has been adequately designed to protect against damage from the one-hundred-year flood.

(c) A statement, certified by a registered professional engineer, architect, landscape architect or other qualified person, which contains a complete and accurate description of the nature and extent of pollution that might possibly occur from the development during the course of a one-hundred-year flood, including a statement concerning the effects such pollution may have on human life.

(d) A statement, certified by a registered professional engineer, architect or landscape architect, which contains a complete and accurate description of the effects the proposed development will have on one-hundred-year flood elevations and flows.

(e) A statement, certified by a registered professional engineer, architect or landscape architect, which contains a complete and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the one-hundred-year flood elevation and the effects such materials and debris may have on one-hundred-year flood elevations and flows.

(f) The appropriate component of the Department of Environmental Protection Planning Module for Land Development.

(g) Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection to implement and maintain erosion and sedimentation control.

(h) Any other applicable permits such as, but not limited to, a permit for any activity regulated by the Department of Environmental Protection under Section 302 of Act 1978-166.[2]

[2] Editor's Note: See 32 P.S. § 679.302.

(i) An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a one-hundred-year flood.

D. Application review procedures. Upon receipt of an application for a special permit by the Borough, the following procedures shall apply in addition to all other applicable permit procedures which are already established:

(1) Within three working days following receipts of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the County Planning Commission by registered or certified mail for its review and recommendations. Copies of the application shall also be forwarded to the Borough Planning Commission and Borough Engineer for review and comment.

(2) If an application is received that is incomplete, the Borough shall notify the applicant in writing, stating in what respects the application is deficient.

(3) If the Borough decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.

(4) If the Borough approves an application, it shall file written notification, together with the application and all pertinent information, with the Department of Community and Economic Development, by registered mail, within five working days after the date of approval.

(5) Before issuing the special permit, the Borough shall allow the Department of Community and Economic Development 30 days, after receipt of the notification by the Department, to review the application for the decision made by the Borough.

(6) If the Borough does not receive any communication from the Department of Community and Economic Development during the thirty-day review period, it may issue a special permit to the applicant.

(7) If the Department of Community and Economic Development should decide to disapprove an application, it shall notify the Borough and the applicant, in writing, of the reasons for the disapproval, and the Borough shall not issue the special permit.

E. Technical requirements for development requiring a special permit. In addition to any other applicable requirements, the following provisions shall also apply to the activities requiring a special permit. If there is any conflict between any of the following requirements and any otherwise applicable provisions, the more restrictive provision shall apply:

(1) No application for a special permit shall be approved unless it can be determined that the structure or activity will be located, constructed and maintained in a manner which will:

(a) Fully protect the health and safety of the general public and any occupants of the structure. At a minimum, all new structures shall be designed, located and constructed so that:

[1] The structure will survive inundation by waters of the one-hundred-year flood without any lateral movement or damage to either the structure itself or to any of its equipment or contents below the one-hundred-year flood elevation.

[2] The lowest flood elevation (including basement) will be at least 1 1/2 feet above the one-hundred-year flood elevation.

[3] The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the one-hundred-year flood.

(b) Prevent any significant possibility of pollution, increased flood levels or flows or debris endangering life and property.

(2) All 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 and the Department of Community and Economic Development.

(3) Within any floodplain district and/or identified floodplain area, any structure of the kind described in Subsection B above shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.

(4) Except for possible modification of the freeboard requirement involved, no variance shall be granted for any of the other requirements of this section.