For design standards and other floodplain regulations not necessarily devoted to zoning, see Chapter 8, Floodplains.
[Ord. 206, 4/15/1957; as added by Ord. 360, 10/23/1979, Art.
I]
1.
Purpose. 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 expenditure 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
developments, 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 developments that do occur
in Flood Prone Areas to be protected and/or flood proofed against
flooding and flood damage.
D.
Protecting individuals from buying lands and structures which are
unsuited for intended purposes because of flood hazards.
2.
Applicability. These provisions shall apply to all lands within the
jurisdiction of the Borough of Liberty and shown as being located
within the boundaries of the designated floodplain districts which
are considered as part of the Official Zoning Map.
3.
Compliance. 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.
4.
Warning and Disclaimer of Liability.
A.
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 damages.
B.
This chapter shall not create liability on the part of the Borough
of Liberty or any officer or agent thereof for any flood damages that
result from reliance on this chapter or any administrative decision
lawfully made hereunder.
[Ord. 206, 4/15/1957; as added by Ord. 360, 10/23/1979, Art.
II]
1.
Description of Districts.
A.
Basis of Districts. The various floodplain districts shall include
areas subject to inundation by waters of the one-hundred-year flood.
The basis for the delineation of these districts shall be the Flood
Insurance Study for the Borough of Liberty prepared by the Federal
Insurance Administration dated May 1, 1979:
(1)
The Floodway District (FW) 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
without increasing the water surface elevation of that flood more
than one foot at any point. The areas included in this district are
specifically defined in the Floodway Data Table of the above referenced
Flood Insurance Study and shown on the accompanying Flood Boundary
and Floodway Map.
(2)
The Flood-Fringe District (FF) shall be that area of the one-hundred-year
floodplain not included in the Floodway District. The basis for the
outermost boundary of this District shall be the one-hundred-year
flood elevations contained in the flood profiles of the above referenced
Flood Insurance Study (FIS) and as shown on the accompanying Flood
Boundary and Floodway Map.
(3)
The General Floodplain District (FA) shall be that floodplain
area for which no detailed flood profiles or elevations have been
provided. They are shown on the Maps accompanying the FIS prepared
by FIA. Where the specific one-hundred-year flood elevation cannot
be determined for this area using other sources of data such as the
U.S. Army Corps of Engineers, Floodplain Information Reports, U.S.
Geological Survey Flood Prone Quadrangles, etc., then the applicant
for the proposed use, development and/or activity shall determine
this elevation in accordance 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 of Liberty.
B.
Overlay Concept.
(1)
The Floodplain Districts described above shall be overlays to
the existing underlying districts as shown on the Official Zoning
Ordinance Map, and as such, the provisions for the Floodplain Districts
shall serve as a supplement to the underlying district provisions.
(2)
Where there happens to be any conflict between the provisions
or requirements of any of the Floodplain Districts and those of any
underlying district the more restrictive provisions and/or those pertaining
to the Floodplain Districts shall apply.
(3)
In the event any provision concerning a Floodplain District
is declared in applicable as a result of any legislative or administrative
actions or judicial discretion, the basic underlying district provision
shall remain applicable.
2.
Zoning Map. The boundaries of the Floodplain Districts are established
as part of the Official Zoning Map of the Borough of Liberty which
is declared to be a part of this chapter and which shall be kept on
file at the Municipal Office Building of the Borough.
3.
District Boundary Changes. The delineation of any of the floodplain
districts may be revised by the governing body where natural or man-made
changes have occurred and/or more detailed studies conducted or undertaken
by the U.S. Army Corps of Engineers, a River Basin Commission or other
qualified agency or individual documents the notification for such
change. Prior to any change, however, approval must be obtained from
the Federal Insurance Administration (FIA).
4.
Interpretation of District Boundaries. Initial interpretations of
the boundaries of the Floodplain Districts shall be made by the Zoning
Officer. Should a dispute arise concerning the boundaries of any of
the districts, the Zoning Hearing Board shall make the necessary determination.
The person questioning or contesting the location of the 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. 206, 4/15/1957; as added by Ord. 360, 10/23/1979, Art.
III; and as amended by A.O.]
1.
All uses, activities, and development occurring within any floodplain district shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable codes and ordinances such as the Borough Building Code [Chapter 5, Part 1] and the Borough Subdivision and Land Development Ordinance [Chapter 22]. In addition, all such uses, activities, and development shall be undertaken only in compliance with federal or state law including § 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334.
2.
Under no circumstances shall any use, activity and/or development
adversely affect the capacity of the channels or floodways of any
watercourse, drainage ditch, or any other drainage facility or system.
3.
Prior to any proposed alteration or relocation of any stream, watercourse,
etc., within the municipality, a permit shall be obtained from the
Department of Environmental Protection. Further, notification of the
proposal by the Borough shall be given to all affected adjacent communities
and municipalities. Copies of such notifications shall be forwarded
to both the Federal Insurance Administration and the Department of
Community and Economic Development.
A.
Floodway District (FW). In the Floodway District no development shall
be permitted except where any rise in flood heights caused by the
proposed development will be fully offset by accompanying improvements
which have been approved by all appropriate local and/or state authorities
as required above.
(1)
Permitted Uses. In the Floodway District the following uses
and activities are permitted provided that they are in compliance
with the provisions of the underlying district and are not prohibited
by 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, golf courses, boat launching and
swimming areas, hiking and horseback riding trails, wildlife and nature
preserves, game farms, fish hatcheries, trap and skeet game ranges,
and hunting and fishing areas.
(c)
Accessory residential uses such as yard areas, gardens, play
areas, and pervious parking areas.
(d)
Accessory industrial and commercial uses such as yard areas,
pervious parking and loading areas, airport landing strips, etc.
(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 district and
are not prohibited by any other ordinance:
(a)
Structures except for mobile homes accessory to the uses and
activities in Subsection 3A above.
(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,
piers, etc.
(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, or 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 provided they cause no increase
in flood heights and/or velocities. All uses, activities, and structural
developments shall be undertaken in strict compliance with the floodproofing
provisions contained in all other applicable codes and ordinances.
4.
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 district provided that all such uses, activities,
and/or development shall be undertaken in strict compliance with the
floodproofing and related provisions contained in all other applicable
codes and ordinances.
5.
General Floodplain District (FA). In the General Floodplain Conservation
District the development and/or use of land shall be permitted in
accordance with the regulations of the underlying district; provided,
that all such uses, activities, and/or development shall be undertaken
in strict compliance with the floodproofing and related provisions
contained in all other applicable codes and ordinances.
[Ord. 206, 4/15/1957; as added by Ord. 360, 10/23/1979, Art.
IV]
1.
In passing upon applications for special exception and variances
the Zoning Hearing Board, or the Planning Commission as the case may
be, shall consider all relevant factors and procedures specified in
other sections of this chapter and the following:
A.
The danger to life and property due to increased flood heights or
velocities caused by encroachments. No special exception or variance
shall be granted for any proposed use, development or activity that
will cause any increase in flood levels in the Floodway District.
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 individual owners.
E.
The importance of the services provided by the proposed facility
to the community.
F.
The requirements of the facility for a waterfront location.
G.
The availability of alternative locations not subject to flooding
for the proposed use.
H.
The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future.
I.
The relationship of the proposed use to the Comprehensive Plan and
floodplain management program for the area.
J.
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
K.
The expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters expected at the site.
2.
The Zoning Hearing Board may refer any application and accompanying
documentation pertaining to any request for a special exception or
variance to any engineer or other qualified person or agency for technical
assistance in evaluating the proposed project in relation to flood
heights and velocities, and the adequacy of the plans for protection
and other related matters.
3.
Special exceptions and/or variances shall only be issued after the
Zoning Hearing Board has determined that the granting of such will
not result in (A) unacceptable or prohibited increases in flood heights,
(B) additional threats to public safety, (C) extraordinary public
expense, (D) create nuisances, (E) cause fraud or victimization of
the public, or (F) conflict with local laws or ordinances.
[Ord. 206, 4/15/1957; as added by Ord. 360, 10/23/1979, Art.
V; and as amended by A.O.]
1.
General. It has been determined that the following activities and
development presented a special hazard to the health and safety to
the general public, or may result in significant pollution, increased
flood levels or flows, or debris endangering life and property if
such activities and development are located, either partially or entirely,
within an identified Flood Prone Area:
A.
Hospitals (public or private).
B.
Nursing homes (public or private).
C.
Jails or prisons.
D.
New mobile home parks and mobile home subdivisions, and substantial
improvements thereto.
E.
Facilities necessary for emergency response such as fire, ambulance,
and police stations, civil defense preparedness buildings and facilities,
evacuation and emergency medical centers, and emergency communications
facilities.
|
Because of the special hazards presented by the above list of
activities and development, they shall be prohibited from locating
within any identified Flood Prone Area unless a special permit has
been issued by the Borough.
|
2.
Special Permit Application Procedures. Application for a special
permit shall consist of at least four copies of the following items,
two of which shall be submitted to the Department of Community and
Economic Development:
A.
A written request which includes the information specified in § 27-1404, Subsection 1A through K.
B.
A plan of the site, drawn at a scale of one inch being equal to 100
feet or less, showing the following:
(1)
North arrow, scale, and date.
(2)
A location map showing the vicinity in which the proposed activity
or development is to be located within the Borough.
(3)
Topography showing existing and proposed contours at intervals
of two feet.
(4)
All property and lot lines including dimension and the size
of the site expressed in acres and square feet.
(5)
The location of all existing streets, drives, and other accessways
with information concerning widths, pavement types and construction,
and elevations.
(6)
The location of any existing bodies of water or watercourses,
buildings, structures, and other private or public facilities, and
any other natural or man-made features affecting or affected by, the
proposed activity or development.
(7)
The location of the identified Flood Prone Area boundary line,
information and spot elevations concerning the one-hundred-year flood
elevations, and information concerning the flow of water including
direction and velocities.
(8)
A general plan of the entire site accurately showing the location
of all proposed buildings, structures and any other improvements.
C.
Plans of all proposed buildings, structures and other improvements,
drawn at a suitable scale showing the following:
(1)
Detailed architectural or engineering drawings including floor
plans, sections and exterior building elevations, as appropriate.
(2)
The proposed finished floor elevations of any proposed building.
(3)
Complete information concerning the hydrostatic and hydrodynamic
forces and pressures that will exist during the course of a one-hundred-year
flood, including impact loads.
(4)
Detailed information concerning any proposed flood proofing
measures;
(5)
Cross-section drawings for all proposed street drives, and accessways
showing all rights-of-ways and pavement widths.
(6)
Profile drawings for all proposed streets, drives, vehicular
accessways including existing and proposed grades.
(7)
Plans and profiles of all proposed sanitary and storm sewer
systems, water supply systems, and any other utilities and facilities.
D.
The following data and documentation:
(1)
Certification from a registered professional engineer or architect
that the proposed construction has been adequately designed to protect
against damage from the one-hundred-year flood.
(2)
The appropriate component of the Department of Environmental
Protection "Planning Module for Land Development."
(3)
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.
3.
Review of Application for Special Permit. Upon receipt of an application
for a special permit by the Borough, the following procedures shall
apply:
A.
Within three days following receipt of the application, a complete
copy of the application and all accompanying documentation shall be
forwarded to the Pennsylvania Department of Community and Economic
Development in Harrisburg by registered or certified mail for its
review and recommendation. Copies of the application shall also be
forwarded to the Borough Planning Commission and the Borough Engineer
for review and comment.
B.
No final decision concerning the application shall be taken by the
Borough until the recommendation from the Department of Community
and Economic Development, and the comments from the Planning Commission
and Engineer have been received, or until the expiration of 30 days
from the date of the application was received by DCA, whichever is
first.
C.
If the Department of Community and Economic Development should recommend
disapproval of an application, the Borough shall not approve the application
or issue any permit.
4.
Special Technical Requirements. In addition to other requirements
contained in this chapter, the following minimum requirements shall
also apply. If there is any conflict between any of the following
requirements and those located elsewhere in this chapter or in any
other code, ordinance, regulation, the more restrictive provision
shall apply. Sufficient documentation shall accompany every application
to demonstrate that the proposed activity or development will:
A.
Fully protect the health and safety of the general public and any
occupants. 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 first flood elevation will be at least 1 1/2 feet above
the one-hundred-year flood elevation.
(3)
The occupants of the structure can remain safely inside for
an indefinite period of time and be safely evacuated at any time.
B.
Prevent any significant possibility of pollution, increased flood
levels or flows, or debris endangering life and property. At a minimum,
all new structures shall be designed and constructed so that:
5.
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.
6.
In approving any application for a special permit, the Borough may
attach whatever additional conditions and safeguards it may deem necessary
and reasonable in order to implement the purposes of this chapter
and to protect the general health, safety, and welfare of the public.
[Ord. 206, 4/15/1957; as added by Ord. 360, 10/23/1979, Art.
VI]
A zoning permit shall be required for all construction and development
which includes but is not limited to paving, filling, grading, excavation,
mining, dredging or drilling operations, etc.
[Ord. 206, 4/15/1957; as added by Ord. 360, 10/23/1979, Art.
VII]
Any man-made change to improved or unimproved real estate
including but not limited to buildings or other structures, the placement
of mobile homes, streets and other paving, utilities, filling, grading,
excavation, mining, dredging or drilling operations and the subdivision
of land.
A temporary inundation of normally dry land areas.
(A) a relatively flat or low land area adjoining a river,
stream, or watercourse which is subject to partial or complete inundation;
(B) an area subject to the unusual and rapid accumulation or runoff
of surface waters from any source.
Those floodplain districts specifically designated in this
chapter as being inundated primarily by the one-hundred-year flood.
Included would be areas identified as Floodway District (FW), Flood-Fringe
District (FF), and the General Floodplain District (FA).
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a 1% chance of occurring each year, although
the flood may occur in any year).
