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:
(1) 
There will be no pollution from the structure or activity during the course of a one-hundred-year flood.
(2) 
There will be no increase in the one-hundred-year flood elevation.
(3) 
There will be no loose, buoyant materials of any kind below the one-hundred-year flood elevation.
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]
DEVELOPMENT
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.
FLOOD
A temporary inundation of normally dry land areas.
FLOODPLAIN
(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.
FLOODPLAIN DISTRICTS
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).
ONE-HUNDRED-YEAR FLOOD
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).