This chapter may be cited as "Dravosburg Borough
Zoning Ordinance."
Words used in a special sense in this chapter are defined in Article VI.
The community development objectives which are
the basis for the provisions of this chapter are set forth in the
Comprehensive Plan as adopted and amended by the governing body.
[Added 6-12-1979 by Ord. No. 569A]
The purpose of these provisions is to prevent
the loss of property and life, the creation of health and safety hazards,
the destruction 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 development, will cause unacceptable increases in
flood heights, velocities and frequencies.
B.
Restricting or prohibiting certain uses, activities,
and development from locating within the areas subject to flooding,
C.
Requiring all those uses, activities, and developments
that do occur in flood-prone areas 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 or because of flood hazards.
A map entitled "Dravosburg Borough Zoning Map"
is hereby adopted as a part of this chapter. The Zoning Map shall
be kept on file for examination in the office of the Borough Secretary
in the Municipal Building.
[Added 6-12-1979 by Ord. No. 569A]
The Flood Boundary and Floodway Map prepared
by the United States Department of Housing and Urban Development Federal
Insurance Administration for the Borough of Dravosburg effective June
15, 1979, is adopted as part of this chapter. The Flood Boundary and
Floodway Map shall be kept on file for examination in the office of
the Borough Secretary in the Municipal Building. The boundaries of
the floodplain districts are established as part of the Official Zoning
Map of the Borough of Dravosburg, which is declared to be part of
this chapter.
No structure shall be located, erected, constructed,
reconstructed, moved, altered, converted, or enlarged, nor shall any
structure or land be used or designed to be used, except in full compliance
with all the provisions of this chapter and after the lawful issuance
of all permits and certificates required by this chapter.
[Added 6-12-1979 by Ord. No. 569A]
These provisions shall apply to all lands within
the jurisdiction of the Borough of Dravosburg and shown as being located
within the boundary of the designated floodplain districts which are
considered as a part of the Official Zoning Map.
[Added 6-12-1979 by Ord. No. 569A]
The Flood Insurance Study prepared by the United
States Department of Housing and Urban Development Federal Insurance
Administration dated December 15, 1978, is hereby adopted and made
a part of this chapter. The Flood Insurance Study shall be kept on
file for examination in the office of the Borough Secretary in the
Municipal Building.
[Added 6-12-1979 by Ord. No. 569A]
A.
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 apply to 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 Dravosburg or any officer or employee thereof for
any flood damages that result from a reliance on this chapter or any
administrative decision lawfully made hereunder.
[Added 5-22-1985 by Ord. No. 596-A]
A.
The provisions of this section shall be applicable,
in addition to any other applicable provisions of this chapter, or
any other ordinance, code, or regulation.
B.
Identification of activities requiring a special permit.
In accordance with the Pennsylvania Flood Plain Management Act (Act
1978-66)[1] and regulations adopted by the Department of Community
and Economic Development as required by the Act, the following obstructions
and activities are permitted only by special permit, if located partially
or entirely within any identified floodplain area:
(2)
The commencement of, or any construction of, a new
mobile home park or mobile home subdivision, or substantial improvement
to an existing mobile home park or mobile home subdivision.
[1]
Editor's Note: See 32 P.S. § 679.101
et seq.
C.
Application requirements. Applicants for special permits
shall provide five copies of the following items:
(1)
A written request including a completed building permit
application form.
(2)
A small-scale map showing the vicinity in which the
proposed site is located.
(3)
A plan of the entire site, clearly and legibly drawn
at a scale of one inch being equal to 100 feet or less, showing the
following:
(a)
North arrow, scale and date;
(b)
Topography based upon the National Geodetic
Vertical Datum of 1929, showing existing and proposed contours at
intervals of two feet;
(c)
All property and lot lines, including dimensions,
and the size of the site expressed in acres or square feet;
(d)
The location of all existing streets, drives,
other accessways, and parking areas, with information concerning widths;
pavement types and construction, and elevations;
(e)
The location of any existing bodies of water
or watercourses, buildings, structures and other public or private
facilities, including railroad tracks and facilities, and any other
natural and man-made features affecting, or affected by, the proposed
activity or development;
(f)
The location of the floodplain boundary line,
information and spot elevations concerning the one-hundred-year flood
elevations, and information concerning the flow of water, including
direction and velocities;
(g)
The location of all proposed buildings, structures,
utilities, and any other improvements; and
(h)
Any other information which the municipality
considers necessary for adequate review of the application.
(4)
Plans of all proposed buildings, structures and other
improvements, clearly and legibly drawn at suitable scale, showing
the following:
(a)
Sufficiently detailed architectural or engineering
drawings, including floor plans, sections, and exterior building elevations,
as appropriate;
(b)
For any proposed building, the elevation of
the lowest floor (including basement) and, as required, the elevation
of any other floor;
(c)
Complete information concerning flood depths,
pressures, velocities, impact and uplift forces and other factors
associated with the one-hundred-year flood;
(d)
Detailed information concerning any proposed
floodproofing measures;
(e)
Cross-section drawings for all proposed streets,
drives, other accessways, and parking areas, showing all rights-of-way
and pavement widths;
(f)
Profile drawings for all proposed streets, drives,
and vehicular accessways, including existing and proposed grades;
and
(g)
Plans and profiles of all proposed sanitary
and storm sewer systems, water supply systems, and any other utilities
and facilities.
(5)
The following data and documentation:
(a)
Certification from the applicant that the site
upon which the activity or development is proposed is an existing
separate and single parcel, owned by the applicant or the client he
represents;
(b)
Certification from a registered professional
engineer, architect, or landscape architect that the proposed construction
has been adequately designed to protect against damage from the one-hundred-year
flood;
(c)
A statement, certified by a registered professional
engineer, architect, landscape architect, or other qualified person
which contains a complete and accurate description of the nature and
extent of pollution that might possibly occur from the development
during the course of a one-hundred-year flood, including a statement
concerning the effects such pollution may have on human life;
(d)
A statement certified by a registered professional
engineer, architect, or landscape architect which contains a complete
and accurate description of the effects the proposed development will
have on one-hundred-year flood elevations and flows;
(e)
A statement, certified by a registered professional
engineer, architect, or landscape architect, which contains a complete
and accurate description of the kinds and amounts of any loose buoyant
materials or debris that may possibly exist or be located on the site
below the one-hundred-year flood elevation and the effects such materials
and debris may have on one-hundred-year flood elevations and flows;
(f)
The appropriate component of the Department
of Environmental Protection "Planning Module for Land Development";
(g)
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;
(h)
Any other applicable permits such as, but not
limited to, a permit for any activity regulated by the Department
of Environmental Protection under Section 302 of Act 1978-166; and
(i)
An evacuation plan which fully explains the
manner in which the site will be safely evacuated before or during
the course of a one-hundred-year flood.
D.
Application review procedures. Upon receipt of an
application for a special permit by the Borough, the following procedures
shall apply in addition to all other applicable permit procedures
which are already established.
(1)
Within three working days following receipt of the
application, a complete copy of the application and all accompanying
documentation shall be forwarded to the County Planning Commission
by registered or certified mail for its review and recommendations.
Copies of the application shall also be forwarded to the Borough Planning
Commission and Borough Engineer for review and comment.
(2)
If an application is received that is incomplete,
the Borough shall notify the applicant in writing, stating in what
respect the application is deficient.
(3)
If the Borough decides to disapprove an application,
it shall notify the applicant, in writing, of the reasons for the
disapproval.
(4)
If the Borough approves an application, it shall file
written notification, together with the application and all pertinent
information, with the Department of Community and Economic Development,
by registered mail, within five working days after the date of approval.
(5)
Before issuing the special permit, the Borough shall
allow the Department of Community and Economic Development 30 days,
after receipt of the notification by the Department, to review the
application and the decision made by the Borough.
(6)
If the Borough does not receive any communication
from the Department of Community and Economic Development during the
thirty-day review period, it may issue a special permit to the applicant.
(7)
If the Department of Community and Economic Development
should decide to disapprove an application, it shall notify the Borough
and the applicant, in writing, of the reasons for the disapproval,
and the Borough shall not issue the special permit.
E.
Technical requirements for development requiring a
special permit. In addition to any other applicable requirements,
the following provisions shall also apply to the activities requiring
a special permit. If there is any conflict between any of the following
requirements and any otherwise applicable provision, the more restrictive
provision shall apply:
(1)
No application for a special permit shall be approved
unless it can be determined that the structure or activity will be
located, constructed and maintained in a manner which will:
(a)
Fully protect the health and safety of the general
public and any occupants of the structure. 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 lowest floor elevation (including basement)
will be at least 1 1/2 feet above the one-hundred-year flood
elevation.
[3]
The occupants of the structure can remain inside
for an indefinite period of time and be safely evacuated at any time
during the one-hundred-year flood.
(b)
Prevent any significant possibility of pollution,
increased flood levels or flows, or debris endangering life and property.
(2)
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.
F.
Within any identified floodplain area, any structure of the kind described in Subsection B, above, shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
G.
Except for a possible modification of the freeboard
equipment involved, no variance shall be granted for any of the other
requirements of this Section.
H.
Dangerous materials and substances.
[Added 11-19-1985 by Ord. No. 596-B]
(1)
In accordance with the Pennsylvania Flood Plain Management
Act,. P.L. 851, No. 166, October 4, 1978, 32 P.S. §§ 679.101
to 679.601 (1982), as hereafter amended, supplemented, modified or
reenacted by the General Assembly of Pennsylvania, and the regulations
adopted by the Pennsylvania Department of Community and Economic Development
as required by the Act, any new or substantially improved structure
which will be used for the production or storage of any of the following
dangerous materials or substances or which will be used for any activity
requiring the maintenance of a supply (more than 550 gallons or other
comparable volume or any amount of radioactive substances) of any
of the following dangerous materials or substances on the premises,
shall be subject to the provisions of this section, in addition to
all other applicable provisions:
(a)
Acetone.
(b)
Ammonia.
(c)
Benzene.
(d)
Calcium carbide.
(e)
Carbon disulfide.
(f)
Celluloid.
(g)
Chlorine.
(h)
Hydrochloric acid.
(i)
Hydrocyanic acid.
(j)
Magnesium.
(k)
Nitric acid and oxides of nitrogen.
(l)
Petroleum products (gasoline, fuel oil, etc.).
(m)
Phosphorus.
(n)
Potassium.
(o)
Sodium.
(p)
Sulfur and sulfur products.
(q)
Pesticides (including insecticides, fungicides
and rodenticides).
(2)
Within any FW (Floodway Area), any structure of the kind described in Subsection H(1), above, shall be prohibited.
(3)
Within any FA (General Floodplain Area), any structure of the kind described in Subsection H(1), above, shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
(4)
Where permitted within any FF (Flood-Fringe Area) or FA (General Floodplain Area), any structure of the kind described in Subsection H(1), above, shall be:
(5)
Any such structure, or part thereof, that will be
built below the regulatory flood elevation shall be designed and constructed
in accordance with the standards for completely dry floodproofing
contained in the publication "Floodproofing Regulation" (U.S. Army
Corps of Engineers, June 1972), or with some other equivalent watertight
standard.
