[Ord. 778, 5/8/2012, § 1]
1. 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
expenditures of public funds for flood protection and relief, and
the impairment of the tax base by:
A. 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.
B. Restricting or prohibiting certain uses, activities and development
from locating within areas subject to flooding.
C. Requiring all those uses, activities, and development that do occur
in areas of special flood hazard to be protected and/or floodproofed
against flooding and flood damage.
D. Protecting individuals from buying lands and structures which are
unsuited for intended purposes because of flood hazards.
[Ord. 778, 5/8/2012, § 1]
These provisions shall apply to all land within the jurisdiction
of Beaver Borough located within the boundaries of the Floodway District,
Flood Fringe District and General Floodplain District. This statement
of applicability supplements and does not replace the application
of the underlying district regulations.
[Ord. 778, 5/8/2012, § 1]
Where interpretation is needed concerning the exact location of any boundary of the Floodway District, Flood Fringe District or General Floodplain District, the Zoning Hearing Board shall make the necessary determination in accordance with §
27-108 of this chapter. The person questioning or contesting the location of a 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. 778, 5/8/2012, § 1]
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 chapter and any other applicable ordinances and
regulations which apply to uses within the jurisdiction of this chapter.
[Ord. 778, 5/8/2012, § 1]
1. The degree of flood protection sought by the provisions of this chapter
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 chapter
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 chapter shall not create liability on the part of Beaver Borough
or any office or employee thereof for any flood damages that result
from reliance on this chapter or any administrative decision lawfully
made thereunder.
[Ord. 778, 5/8/2012, § 1]
1. The Floodway District is delineated for purposes of this chapter
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 district are
defined in the floodway data table contained in the Flood Insurance
Study as prepared by the Federal Emergency Management Agency and shown
on the accompanying Flood Insurance Rate Map. Where no floodway has
been identified in the Flood Insurance Study, such information in
any other available federal, state or other acceptable source should
be used.
2. The Flood Fringe District shall be that area of the one-hundred-year
floodplain not included in the Floodway District. 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 Flood Insurance
Study. Where elevation information is not provided in said study,
such information provided in any other available federal, state or
other acceptable source should be used.
3. The General Floodplain District shall be that floodplain area for
which no detailed flood elevations or floodway information is provided.
Such areas are shown as Zone A on the maps accompanying the Flood
Insurance Study prepared by the Federal Emergency Management Agency.
For these areas, elevation and floodway information from other federal,
state or other acceptable source shall be used when available. When
such other acceptable information is not available, the elevation
shall be determined by using the elevation of a point on the boundary
of the identified floodplain area which is nearest the construction
site.
[Ord. 778, 5/8/2012, § 1]
1. All uses, activities, and development occurring within the Floodway
District, Flood Fringe District and General Floodplain District shall
be undertaken only in strict compliance with the provisions of this
chapter and with all other applicable codes and ordinances of the
Borough.
2. The Floodway District, Flood Fringe District and General Floodplain
District shall serve as overlays to the existing underlying zoning
district as shown on the Official Zoning Map, and as such the provisions
for these districts shall serve as a supplement to the underlying
zoning district regulations. Where any conflict exists between the
provisions of these districts and those for any underlying zoning
district, the more restrictive provisions shall apply.
3. Prior to the alteration or relocation of any watercourse within the
Borough, a permit shall be obtained from the Bureau of Dam Safety,
Obstructions and Stormwater Management. Notification by registered
letter of the proposed alteration or relocation shall be given by
the developer to all adjacent affected municipalities. Copies of such
notification shall be forwarded to the Federal Insurance Administration,
U.S. Department of Housing and Urban Development, the Pennsylvania
Department of Community and Economic Development and the Borough Zoning
Officer.
4. Under no circumstances shall any use, activity or development adversely
affect the capacity of the channels of floodways of any watercourse,
drainage ditch, or any other facility or system.
A. Floodway District (FW). In the Floodway District, no new development
shall be permitted, including fences, with the exception of two-wire
fences) except where the effect of such development on flood heights
is fully offset by accompanying stream improvements.
(1)
Permitted Uses. In the Floodway District the following uses
and activities are permitted provided that they are in compliance
with this chapter and the provisions of the underlying zoning district
and are not prohibited by this chapter or 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, boat-launching and swimming areas,
hiking, and horseback riding trail, wildlife and nature preserves,
game farms, fish hatcheries and fishing areas.
(c)
Residential yard areas, gardens, play areas and pervious parking
areas.
(d)
Industrial and commercial yard areas, gardens, play areas, and
pervious parking and loading areas.
(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 zoning district
and are not prohibited by any other ordinances:
(a)
Structures accessory to the uses and activities herein.
(b)
Utilities and public facilities and improvements such as railroads,
streets, bridges, transmission lines, pipe lines, water and sewage
treatment plants, and other similar or related uses.
(c)
Water-related uses and activities such as marinas, docks, wharves
and piers.
(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, and 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.
(h)
All uses, activities and structural developments, shall be undertaken
in strict compliance with the floodproofing provisions contained in
this chapter and in all other applicable Borough codes and ordinances.
B. 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 zoning district provided that all such uses, activities
and/or development shall be undertaken in strict compliance in this
chapter and all other applicable Borough codes and ordinances.
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The Flood Insurance Study for Beaver Borough does not provide
regulatory flood elevation for the General Floodplain District. A
specific regulatory flood elevation shall be determined by using the
elevation at the point on the General Floodplain District boundary
which is nearest to the site in question. In the absence of such elevation
Borough Council may authorize the Borough Engineer to relate a known
and recorded Street Benchmark to the General Floodplain District Boundary
and establish same as the regulatory flood elevations. Other sources
of data which may be used include the following:
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(1)
U.S. Corps of Engineers — Floodplain Information Reports.
(2)
U.S. Geological Survey — Floodprone Quadrangles.
(3)
Soil Conservation Service, U.S. Department of Agriculture —
County Soil Surveys (alluvial soils).
[Ord. 778, 5/8/2012, § 1]
1. Residential Structures. 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.
B. 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 U.S. Army Corps of Engineers (June 1972), 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 Architect which states that the proposed
design and methods of construction are in conformance with the above
referenced standards.
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 stormwater 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
runoff 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 discharges
from the systems into the flood waters. In addition, they shall 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 floodwaters 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. Special provisions for mobile homes (see also §
27-1406).
A. Mobile homes are not permitted in any Floodway District.
B. When permitted in any other Floodplain District, all mobile homes,
and any additions thereto, shall be:
(1)
Placed upon a permanent foundation.
(2)
Elevated so that the lowest floor of the manufactured home is
1 1/2 feet or more above the elevation of the one-hundred-year
flood.
(3)
Anchored to resist flotation, collapse, or lateral movement.
9. Subfloor Space. Within any identified Floodplain District, fully
enclosed spaces below the lowest floor of any new or substantially
improved structure shall be prohibited.
[Ord. 778, 5/8/2012, § 1]
1. In reviewing applications for uses by special exception within the
Floodway District, Flood Fringe District and General Floodplain District,
the Zoning Hearing Board shall consider all relevant provisions of
this chapter and the following:
A. The danger to life and property due to increased flood heights or
velocities caused by encroachments.
B. The danger that materials may be swept on to other lands or downstream
to the injury of others.
C. The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination, and unsanitary
conditions.
D. The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on individuals.
E. The importance of the services provided by the proposed use to the
community.
F. The requirements of the use for a waterfront location.
G. The availability of alternative locations not subject to flooding
for the proposed use.
H. The compatibility the proposed use with existing development and
development anticipated in the foreseeable future.
I. The relationship of the proposed use to the Borough Comprehensive
Plan and floodplain management program.
J. The safety of access to the property in times of flood of ordinary
and emergency vehicles.
K. The expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters expected at the site.
L. Such other factors which are relevant to the purposes of this chapter
including potential increases in flood elevations.
[Ord. 778, 5/8/2012, § 1]
1. In reviewing application for variances within the Floodway District,
Flood Fringe District and General Floodplain District, the Zoning
Hearing Board shall consider all relevant provisions of this chapter
and the following:
A. Variances may be granted for the reconstruction, rehabilitation or
restoration of structures listed on the National Register of Historic
Places or the State Inventory of Historic Places.
B. Variances shall not be given in the Floodway District that result
in any increases in flood levels during the one-hundred-year flood.
C. Variances shall only be given where the applicant shows that granting
of a variance will not result in increased flood height, additional
threats to public safety, or extraordinary public expense, nor cause
fraud on or victimization of the public or conflict with existing
local laws or ordinances.
D. If any variance is given, written notification shall be given to
the applicant indicating that:
(1)
Increased insurance will result, possibly going as high as $25
per $100 worth of coverage.
(2)
Construction occurring below the one-hundred-year flood level
increases risk to life and property.
E. Records of all variance actions including their justification shall
be maintained by the community as well as reported in its annual report
to FIA.
[Ord. 778, 5/8/2012, § 1]
1. Nonconforming uses located within the Floodway District shall not
be expanded or enlarged unless the effect of the expansion or enlargement
on flood elevations is offset by accompanying stream improvements.
2. Any modification, alteration, repair, reconstruction or improvement
of any kind to a nonconforming use located within the Floodway District,
Flood Fringe District or General Floodplain District to an extent
of less than 50% of its market value shall be elevated and/or floodproofed
to the greatest extent possible.
3. Any modification, alteration, repair, reconstruction or improvement of any kind to a nonconforming use located within the Floodway District, Flood Fringe District, or General Floodplain District to an extent of 50% or more of its market value shall be in compliance with the provisions of this chapter and other applicable codes and ordinances; and in accord with the elevating and/or floodproofing provisions of §
27-1308 to the greatest extent possible.
[Ord. 778, 5/8/2012, § 1]
1. The delineation of municipal zoning district boundaries is recorded
graphically on the "Zoning Map of Beaver Borough," which is legally
incorporated as part of this chapter. The original copy of said Zoning
Map is on file in the office of the Borough Manager.
2. The Flood Fringe District and the General Floodplain Conservation
District are identified on the Flood Boundary and Floodway Map which
is a part of the Flood Insurance Study for Beaver Borough. Said map
is considered a part of this chapter by reference and is on file in
the office of the Borough Manager.
[Ord. 778, 5/8/2012, § 1]
1. Permit Required. A building/zoning permit shall be required for all construction and development in any Floodplain District. In addition to the application requirements of §
27-1901 of this chapter, 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
floor of any proposed structures.
C. If a proposed nonresidential structure is to be flood-proofed, certification
from a registered professional engineer or architect that the floodproofing
methods are adequate to withstand the flood depths, pressures, velocities,
impact and uplift forces and other factors 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 professional engineer
that the development will not cause any increase in the one-hundred-year
flood levels within the community, or that any such increase will
be fully offset by accompanying watercourse improvements.
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 state and federal laws have been obtained including those
required by Act 537, the Pennsylvania Sewage Facilities Act, 35 P.S.
§ 750.1 et seq., the Pennsylvania Water Obstructions Act
of 1913, and the Federal Water Pollution Control Act Amendments of
1972, § 404, 33 U.S.C. § 1334. No permit shall
be issued until this determination has been made.
