Borough of Edgeworth, PA Flood Hazard Overlay District

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.

§ 130-53 Composition; map.

The Flood Hazard Overlay District shall be comprised of the identified floodplain area. The identified floodplain area shall be those areas of the Borough which are subject to the one-hundred-year flood, as identified in the Flood Insurance Study (FIS) dated October 4, 1995, and the accompanying maps prepared for the Borough by the Federal Emergency Management Agency (FEMA), or the most recent revision thereof.

(1)

The identified floodplain area shall consist of the following specific areas:

(a)

FW (Floodway Area). The areas identified as "Floodway" in the AE Zone in the Flood Insurance Study prepared by the FEMA. The term shall also include floodway areas which have been identified in other available studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study.

(b)

FF (Flood-Fringe Area). The remaining portions of the one-hundred-year floodplain in those areas identified as an AE Zone in the Flood Insurance Study, where a floodway has been delineated. The basis for the outermost boundary of this area shall be the one-hundred-year flood elevations as shown in the flood profiles contained in the Flood Insurance Study.

(c)

FE (Special Floodplain Area). The areas identified as Zone AE in the Flood Insurance Study, where one-hundred-year flood elevations have been provided, but no floodway has been delineated.

(d)

FA (General Floodplain Area). The areas identified as Zone A in the FIS for which no one-hundred-year flood elevations have been provided. When available, information from other acceptable sources shall be used to determine the one-hundred-year elevation, as well as a floodway area, if possible. When no other information is available, the one-hundred-year elevation shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question.

(2)

In lieu of the above, the Borough may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. 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.

The Flood Hazard Overlay District Map for the Borough shall delineate the Flood Hazard Overlay District. This map, or the Flood Hazard Overlay District shall be deemed an overlay on the otherwise applicable zoning districts set forth on the Borough Zoning Map.[1] No reduction in the Flood Hazard Overlay District shall be made without prior consultation with and approval of the Federal Insurance Administrator.

[1]

Editor's Note: The Zoning Map is included at the end of this chapter.

The boundaries of the Flood Hazard Overlay District shall be determined by scaling the distances as shown on the Flood Hazard Overlay District Map after such map is prepared. Where interpretation is needed as to the exact location of the boundaries of the district as shown thereon, as, for example, where there appears to be conflict between the mapped boundary and actual field conditions, an initial determined of the exact boundary of the area subject to inundation by the base flood shall be made by the Borough Engineer and a written report made to the Council. Any party aggrieved by any such determination of the Borough Engineer or other decision or determination under this article may appeal to the Zoning Hearing Board. The person contesting the location of the district boundary shall have the burden of proof in case of any such appeal. Such interpretation by the Borough Engineer and/or Zoning Hearing Board shall not constitute a reduction of the Flood Hazard Overlay District for purposes of requiring prior approval of the Federal Insurance Administrator.

This article is to be administered in conjunction with § 113-31 of Chapter 113, Subdivision and Land Development.

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 on rare occasions or the flood height may be increased by man-made or natural causes such as ice jams or bridge openings constricted by debris. In such instances, areas outside the Flood Hazard Overlay District or land uses permitted within the district may be subject to flooding or flood damages. This Article shall not create liability on the part of the Borough or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

§ 130-54 Uses.

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.

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.

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.

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.

Pervious parking areas and driveways. Permitted, when consistent with the regulations for the underlying zoning district otherwise applicable to the lot.

§ 130-55 General regulations.

No encroachment, alteration or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Borough and until all required permits or approvals have been first obtained from the Department of Environmental Protection or Bureau of Dams and Waterways. In addition, the Federal Emergency Management Agency shall be notified prior to any alteration or relocation of any watercourse.

Any new construction, development, uses or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this article and any other applicable codes, ordinances and regulations.

§ 130-56 Special requirements for FW, FE and FA Areas.

With any FW (Floodway Area), the following provisions apply:

(1)

Any new construction, development, use, activity or encroachment that would cause any increase in flood heights shall be prohibited.

(2)

No new construction or development shall be allowed unless a permit is obtained from the Department of Environmental Protection, Bureau of Dams and Waterways.

Within any FE (Special Floodplain Area), no new construction or development shall be allowed unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the elevation of the one-hundred-year flood more than one foot.

Within any FE (Special Floodplain Area) or FA (General Floodplain Area), the following provisions apply:

(1)

No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless a permit is obtained from the Department of Environmental Protection, Bureau of Dams and Waterways.

(2)

Any new construction or development which would cause any increase in flood heights shall be prohibited within any floodway area.

§ 130-57 Elevation and floodproofing requirements.

Residential structures. Within any identified floodplain area, any new construction or substantial improvement of a residential structure shall have the lowest floor (including basement) elevated up to or above the regulatory flood elevation.

Nonresidential structures:

(1)

Within any identified floodplain area, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including basement) elevated up to or above the regulatory flood elevation or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height.

(2)

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 Army Corps of Engineers (June 1972, as amended March 1992) 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 registered landscape architect which states that the proposed design and methods of construction are in conformance with the above referenced standards.

§ 130-58 Use by special exception.

The following uses are permitted only upon the granting of a special exception by the Zoning Hearing Board.

Accessory. Accessory uses customarily incidental to any of the foregoing permitted uses may be specifically excepted.

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.

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.

§ 130-59 Special exception or variance criteria.

Factors. The following factors are to be considered by the Zoning Hearing Board in considering an application for administrative relief from the requirements for the granting of a special exception or variance from this article.

(1)

The danger to life and property due to increased flood heights or velocities caused by encroachments.

(2)

The danger that materials may be swept onto other lands or downstream to the injury of other.

(3)

The proposed water supply and sanitation systems and the ability of these 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.

(5)

The importance of the proposed use to the community.

(6)

The requirements of the use for the 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 and foreseeable nearby use.

(9)

The relationship of the proposed use to the Borough Comprehensive Plan any floodplain management program for the area.

(10)

The safety of access to the property in time of flood for ordinary and emergency vehicles.

(11)

The expected heights, velocity, duration, rate or rise and sediment transport of the floodwater expected at the site.

(12)

The likelihood that the proposed use will result in extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing Borough ordinances or regulations.

(13)

The proposed activity's possible undue alteration of natural water flows or water temperatures.

(14)

The potential degradation or destruction of archaeological or historic sites and structures, endangered or threatened species of animals or plants, high-quality wildlife habitats or other irreplaceable land uses.

(15)

Such other factors which are relevant to the purposes of this chapter.

(16)

No special exception or variance shall be granted for any requirement pertaining to developments which may endanger human life in accordance with the aforesaid Floodplain Management Act[1] or which are specifically prohibited in § 130-63.

[1]

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

Variance requests. In addition to the foregoing and in addition to other criteria elsewhere in this chapter, the following factors are to be considered by the Zoning Hearing Board in considering a request for a variance from the provisions this article:

(1)

Whether failure to grant the request would result in exceptional hardship to the applicant.

(2)

Whether the variance requested is the minimum necessary, considering the flood hazard, to afford relief.

§ 130-60 Conditions for special exception and variance.

The Zoning Hearing Board shall attach such conditions to 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:

(1)

Any new development, construction or substantial improvement to an existing structure shall be elevated so that the lowest floor, including basement, is elevated to at least 1 1/2 feet above the base flood level of the Flood Hazard Overlay District at the place of construction. All proposed lowest floor and basement elevations shall be shown in relation to mean sea level, based upon the National Geodetic Vertical Datum of 1929.

(2)

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.

(3)

The provisions of all other federal and state rules and regulations are applicable to such construction. No special exception or variance will be granted until all applicable state and federal permits are obtained.

(4)

Required floodproofing measures (nonresidential construction) may include, without limitation because of specific enumeration, the following:

(a)

Installation of watertight doors, bulkheads and shutters.

(b)

Reinforcement of walls to resist water pressure.

(c)

Use of paints, membranes or mortars to reduce seepage of water through walls.

(d)

Addition of mass or weight to structures to resist flotation.

(e)

Installation of pumps to lower water levels in structures.

(f)

Construction of water supply and waste treatment systems so as to prevent the infiltration of floodwater.

(g)

Pumping facilities for subsurface external foundation wall and basement floor pressures.

(h)

Construction to resist rupture or collapse caused by water pressure or floating debris.

(i)

Cutoff valves on sewer lines or the elimination of gravity flow basement drains.

(5)

The following design and construction standards shall be followed:

(a)

Any building or structure shall be constructed and placed on the lot so as to offer the minimum obstruction to the flow of water. In so doing, consideration shall be given to its effect upon the flow and height of floodwaters.

(b)

All utilities, such as water and sewer lines, gas lines and electrical and telephone systems, being placed in the Flood Hazard Overlay District should be located, elevated, where possible, and constructed to minimize the chance of impairment during a flood.

(c)

All electric water heaters, electric furnaces, electric air-conditioning and ventilating systems and other electrical equipment or apparatus shall be permitted only at elevations above the base flood level.

(d)

Water heaters, furnaces and other mechanical equipment or apparatus shall be permitted only at elevations above the base flood level.

(e)

No part of any on-site sewage disposal system shall be constructed within any part of the Flood Hazard Overlay District.

(f)

All materials that are buoyant, flammable, explosive, or in time of flooding, could be injurious to human, animal or plant life shall be stored only at elevations above the base flood level.

(6)

No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the one-hundred-year flood elevation.

(7)

No variance shall be granted for any construction, development, use or activity within any FE Area that would, together with all other existing and anticipated development, increase the one-hundred-year flood elevation more than one foot at any point.

(8)

A complete record of all variance requests and related actions shall be maintained by the Borough. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.

Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-hundred-year flood and to satisfy the minimum requirements under § 60.3d of the National Flood Insurance Program Regulations.

§ 130-61 Declaration of flood hazard status.

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:

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.

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.

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."

§ 130-62 Application requirements and administration.

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:

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.

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.

Profile. A profile showing the slope of the bottom of the channel or pond.

Specifications. Specifications for building materials and construction, floodproofing, filling, dredging, grading, storage and water supply and sanitary facilities.

Computation. Computation of the increase, if any, in the height of the base flood which would be attributable to any proposed uses.

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.

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.

§ 130-63 Specific prohibitions.

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:

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.

Sod farming.

Storage of any material which, if inundated, would float.

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.

Installation of maintenance of on-site sewage disposal systems and wells.

The construction, enlargement or expansion of mobile homes, mobile home parks and mobile home subdivisions.

Junkyards.

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.

The construction, enlargement or expansion of hospitals, public or private.

The construction, enlargement or expansion of nursing homes, public or private.

The construction, enlargement or expansion of jails and prisons.

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:

Acetone.

Ammonia.

Benzine.

Calcium carbide.

Carbon disulfide.

Celluloid.