No use of property or improvements thereto other
than those permitted in this section shall be permitted in those portions
of the Borough designated as being in the Flood Hazard Overlay District.
The following uses and no others, unless by
special exception granted by the Zoning Hearing Board, are permitted
in the Flood Hazard Overlay District to the extent that they are not
prohibited by any other law or ordinance and to the extent that they
do not require structure, fill or storage of materials or equipment.
A. Agricultural. General farming, pasture, orchard, grazing
outdoor plant nurseries and truck farming. Such activities shall be
conducted in accordance with a plan approved by the Allegheny County
Soil and Water Conservation District or recognized soil conservation
practices by the Borough.
B. Selective cutting of trees. Permitted, provided that
desirable mature shade trees are not totally eliminated, that particular
attention is paid to retaining such trees within 25 feet of any stream
bank and that no such trees growing within or upon a stream bank shall
be removed unless dead or damaged and threatening the stability of
the bank.
C. Recreational uses. Parks, camps, picnic grounds, golf
courses, golf driving ranges, archery and shooting ranges, hiking
and riding trails, hunting and fishing areas, game farms, fish hatcheries,
wildlife sanctuaries, nature preserves and swimming areas.
D. Pervious parking areas and driveways. Permitted, when
consistent with the regulations for the underlying zoning district
otherwise applicable to the lot.
The following uses are permitted only upon the
granting of a special exception by the Zoning Hearing Board.
A. Accessory. Accessory uses customarily incidental to
any of the foregoing permitted uses may be specifically excepted.
B. Other. Railroads, roads, bridges, utility transmission
lines, dams and culverts, where approved by the Borough Engineer in
consultation with any interested Commonwealth agency, may be specifically
excepted.
C. Water and sewer. Sealed water supply wells, water
pipelines and sanitary sewer line systems, provided that they are
designed and constructed to eliminate infiltration of floodwater into
the waters of the Commonwealth, may be specially excepted.
In any case where the Zoning Hearing Board shall
grant a special exception or variance to permit the erection of a
structure or to permit a change in use of a structure already existing
in the Flood Hazard Overlay District, the Board shall, for the protection
of prospective purchasers and lessees, impose the following conditions:
A. Advice. Require the applicant to advise prospective
purchasers and/or lessees that the lot is located either entirely
or partially, as the case may be, in the Flood Hazard Overlay District.
B. Written notice. Require that, before settlement or
change in use, as the case may be, may take place, the purchaser or
lessee shall signify, in writing, that he/she has been advised that
the premises lie partially or entirely in the Flood Hazard Overlay
District, and a signed copy of such signification shall be delivered
to the Borough by the applicant.
C. Deed restriction. A deed restriction shall be created and placed on record to run as a covenant with the land, which restriction shall contain the following provision. "This lot is entirely (partially) within a flood hazard area as defined by Article
VIII of the Borough of Edgeworth Zoning Ordinance."
Upon receiving an application for a special exception or variance, the Zoning Hearing Board shall, prior to rendering a decision thereon and notwithstanding the provision of Article
XVI of this chapter, require the applicant to furnish the following materials as is deemed necessary by the Board:
A. Plans. Plans, in triplicate, drawn to scale, showing
the nature, location, dimensions, and elevation of the lot and the
existing and proposed uses, photographs showing the existing uses
and vegetation, soil types and other pertinent information.
B. Cross sections. A series of cross sections at twenty-five-foot
intervals along the lot shoreline showing the stream channel or lake
or pond bottom and elevation of adjoining land areas to be occupied
by the proposed uses and base flood elevation information. Cross sections
shall be field-run topography based on a known United States Geological
Survey benchmark.
C. Profile. A profile showing the slope of the bottom
of the channel or pond.
D. Specifications. Specifications for building materials
and construction, floodproofing, filling, dredging, grading, storage
and water supply and sanitary facilities.
E. Computation. Computation of the increase, if any,
in the height of the base flood which would be attributable to any
proposed uses.
F. Experts. In considering any application for a special
exception or variance, the Zoning Hearing Board may request at the
hearing the testimony of the Council, Planning Commission, the Borough
Engineer and other technical experts concerning the extent to which
the proposed use would:
(1) Diminish the capacity of the Flood Hazard Overlay
District to store and absorb floodwaters, to moderate flood velocities
and to accommodate sediment.
(2) Be subject to flood damage.
(3) Cause erosion and impair the amenity of the Flood
Hazard Overlay District.
(4) Adversely affect the area contiguous to the Flood
Hazard Overlay District as well as areas downstream.
G. Notifications and documentations. The Zoning Hearing
Board shall notify the applicant, in writing, that the issuance of
a decision to allow construction or development below the base flood
elevation will result in increased premium rates for flood insurance
and that such construction below the base flood elevation increases
risks to life and property. Such notification shall be maintained
with a record of all decisions as herein required. The Zoning Hearing
Board shall also maintain a record of all decisions, including justification
for their issuance and report such decisions issued in its annual
report submitted to the Federal Insurance Administration. The elevation
of the proposed lowest floor of any structure approved by the Zoning
Hearing Board shall be indicated on the application for a building
permit.
In addition to and without limitation of the
uses specifically permitted in the Flood Hazard Overlay District by
the provisions of this article, the following activities are specifically
prohibited in the Flood Hazard Overlay District:
A. Clear cutting of trees, as defined in this chapter,
or the clearing of vegetation, except where such clearing is necessary
for construction permitted as a result of action by the Zoning Hearing
Board, as a reforestation measure or as a means to eliminate dead,
diseased or hazardous tree stands. When a clear cutting operation
is deemed permissible for one of the above reasons, it shall be consistent
with the term of a woodland management plan approved by the Council.
Under no circumstances shall a clear cutting operation be conducted
within 25 feet of a stream.
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 water or
cause damage if swept downstream.
E. Installation of maintenance of on-site sewage disposal
systems and wells.
F. The construction, enlargement or expansion of mobile
homes, mobile home parks and mobile home subdivisions.
H. 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 has 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.
I. The construction, enlargement or expansion of hospitals,
public or private.
J. The construction, enlargement or expansion of nursing
homes, public or private.
K. The construction, enlargement or expansion of jails
and prisons.
L. The construction, enlargement or expansion of any
structure which would be used for the production, storage or maintenance
of a supply of the following toxic chemicals which are dangerous to
human life:
(11)
Nitric acid and oxides of nitrogen.
(12)
Petroleum products (gasoline, fuel oil, etc.).
(16)
Sulphur and sulphur products.
(17)
Pesticides, including insecticides, fungicides
and rodenticides.
(18)
Radioactive substances, insofar as such substances
are now otherwise regulated.
(19)
Any other dangerous materials or substances
regulated by the appropriate federal or commonwealth agencies.
M. Any development which would result in an increase
in the base flood level.