Zoneomics Logo
search icon

Beaver City Zoning Code

PART 13

FP FLOODPLAIN DISTRICT 1

[1]
Editor’s Note: Ordinance No. 808, adopted 8/11/2015, provided that, while Ch. 8 as enacted by that ordinance is in effect, the provisions of Ch. 27, Part 13, shall be suspended from effect. And in the event that Ch. 8 is repealed or otherwise ceases to be in effect, the aforesaid Ch. 27, Part 13 shall again take effect.

§ 27-1301 Purpose.

[Ord. 778, 5/8/2012, § 1]
1. 
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 expenditures 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 areas subject to flooding.
C. 
Requiring all those uses, activities, and development that do occur in areas of special flood hazard 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 because of flood hazards.

§ 27-1302 Applicability.

[Ord. 778, 5/8/2012, § 1]
These provisions shall apply to all land within the jurisdiction of Beaver Borough located within the boundaries of the Floodway District, Flood Fringe District and General Floodplain District. This statement of applicability supplements and does not replace the application of the underlying district regulations.

§ 27-1303 Interpretation of District Boundaries.

[Ord. 778, 5/8/2012, § 1]
Where interpretation is needed concerning the exact location of any boundary of the Floodway District, Flood Fringe District or General Floodplain District, the Zoning Hearing Board shall make the necessary determination in accordance with § 27-108 of this chapter. The person questioning or contesting the location of a 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.

§ 27-1304 Compliance.

[Ord. 778, 5/8/2012, § 1]
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.

§ 27-1305 Warning and Disclaimer of Liability.

[Ord. 778, 5/8/2012, § 1]
1. 
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 damage.
2. 
This chapter shall not create liability on the part of Beaver Borough or any office or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

§ 27-1306 Designation of Floodplain Districts.

[Ord. 778, 5/8/2012, § 1]
1. 
The Floodway District 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 more than one foot at any point. The areas included in this district are defined in the floodway data table contained in the Flood Insurance Study as prepared by the Federal Emergency Management Agency and shown on the accompanying Flood Insurance Rate Map. Where no floodway has been identified in the Flood Insurance Study, such information in any other available federal, state or other acceptable source should be used.
2. 
The Flood Fringe District shall be that area of the one-hundred-year floodplain not included in the Floodway District. The basis for the outermost boundary of this area shall be the one-hundred-year flood elevations contained in the flood profiles provided in the Flood Insurance Study. Where elevation information is not provided in said study, such information provided in any other available federal, state or other acceptable source should be used.
3. 
The General Floodplain District shall be that floodplain area for which no detailed flood elevations or floodway information is provided. Such areas are shown as Zone A on the maps accompanying the Flood Insurance Study prepared by the Federal Emergency Management Agency. For these areas, elevation and floodway information from other federal, state or other acceptable source shall be used when available. When such other acceptable information is not available, the elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site.

§ 27-1307 Floodplain District Regulations.

[Ord. 778, 5/8/2012, § 1]
1. 
All uses, activities, and development occurring within the Floodway District, Flood Fringe District and General Floodplain District shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable codes and ordinances of the Borough.
2. 
The Floodway District, Flood Fringe District and General Floodplain District shall serve as overlays to the existing underlying zoning district as shown on the Official Zoning Map, and as such the provisions for these districts shall serve as a supplement to the underlying zoning district regulations. Where any conflict exists between the provisions of these districts and those for any underlying zoning district, the more restrictive provisions shall apply.
3. 
Prior to the alteration or relocation of any watercourse within the Borough, a permit shall be obtained from the Bureau of Dam Safety, Obstructions and Stormwater Management. Notification by registered letter of the proposed alteration or relocation shall be given by the developer to all adjacent affected municipalities. Copies of such notification shall be forwarded to the Federal Insurance Administration, U.S. Department of Housing and Urban Development, the Pennsylvania Department of Community and Economic Development and the Borough Zoning Officer.
4. 
Under no circumstances shall any use, activity or development adversely affect the capacity of the channels of floodways of any watercourse, drainage ditch, or any other facility or system.
A. 
Floodway District (FW). In the Floodway District, no new development shall be permitted, including fences, with the exception of two-wire fences) except where the effect of such development on flood heights is fully offset by accompanying stream improvements.
(1) 
Permitted Uses. In the Floodway District the following uses and activities are permitted provided that they are in compliance with this chapter and the provisions of the underlying zoning district and are not prohibited by this chapter or 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, boat-launching and swimming areas, hiking, and horseback riding trail, wildlife and nature preserves, game farms, fish hatcheries and fishing areas.
(c) 
Residential yard areas, gardens, play areas and pervious parking areas.
(d) 
Industrial and commercial yard areas, gardens, play areas, and pervious parking and loading areas.
(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 zoning district and are not prohibited by any other ordinances:
(a) 
Structures accessory to the uses and activities herein.
(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 and piers.
(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, and 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.
(h) 
All uses, activities and structural developments, shall be undertaken in strict compliance with the floodproofing provisions contained in this chapter and in all other applicable Borough codes and ordinances.
B. 
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 zoning district provided that all such uses, activities and/or development shall be undertaken in strict compliance in this chapter and all other applicable Borough codes and ordinances.
The Flood Insurance Study for Beaver Borough does not provide regulatory flood elevation for the General Floodplain District. A specific regulatory flood elevation shall be determined by using the elevation at the point on the General Floodplain District boundary which is nearest to the site in question. In the absence of such elevation Borough Council may authorize the Borough Engineer to relate a known and recorded Street Benchmark to the General Floodplain District Boundary and establish same as the regulatory flood elevations. Other sources of data which may be used include the following:
(1) 
U.S. Corps of Engineers — Floodplain Information Reports.
(2) 
U.S. Geological Survey — Floodprone Quadrangles.
(3) 
Soil Conservation Service, U.S. Department of Agriculture — County Soil Surveys (alluvial soils).

§ 27-1308 Elevation, Floodproofing and Construction Standards Applicable Within Floodplain Districts.

[Ord. 778, 5/8/2012, § 1]
1. 
Residential Structures. Within any Floodplain District, the lowest floor, including basement, of all residential structures shall be constructed at or above the one-hundred-year flood elevation.
2. 
Nonresidential Structures.
A. 
Within any Floodplain District, the lowest floor, including basement, of all nonresidential structures shall be constructed at or above the one-hundred-year flood elevation or such structures shall be designed and constructed so that the space enclosed shall remain either completely or essentially dry during any flood up to that height.
B. 
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 U.S. Army Corps of Engineers (June 1972), 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 Architect which states that the proposed design and methods of construction are in conformance with the above referenced standards.
3. 
Drainage Facilities. Adequate storm drainage shall be provided for development within any Floodplain District. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall insure drainage at all points along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
4. 
Sanitary Sewer Facilities. All new or replacement sanitary sewer facilities, and private package sewage treatment plants (including all pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into the flood waters. In addition, they shall be located and constructed to minimize or eliminate flood damage and impairment.
5. 
Water Facilities. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the system, and be located and constructed to minimize or eliminate flood damages.
6. 
Utilities. All utilities such as gas lines, electrical and telephone systems being placed in flood-prone areas shall be located and constructed to minimize the chance of impairment during a flood.
7. 
Anchoring. Within any Floodplain District all buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
8. 
Special provisions for mobile homes (see also § 27-1406).
A. 
Mobile homes are not permitted in any Floodway District.
B. 
When permitted in any other Floodplain District, all mobile homes, and any additions thereto, shall be:
(1) 
Placed upon a permanent foundation.
(2) 
Elevated so that the lowest floor of the manufactured home is 1 1/2 feet or more above the elevation of the one-hundred-year flood.
(3) 
Anchored to resist flotation, collapse, or lateral movement.
9. 
Subfloor Space. Within any identified Floodplain District, fully enclosed spaces below the lowest floor of any new or substantially improved structure shall be prohibited.

§ 27-1309 Criteria for Review of Applications for Uses by Special Exception.

[Ord. 778, 5/8/2012, § 1]
1. 
In reviewing applications for uses by special exception within the Floodway District, Flood Fringe District and General Floodplain District, the Zoning Hearing Board shall consider all relevant provisions of this chapter and the following:
A. 
The danger to life and property due to increased flood heights or velocities caused by encroachments.
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 individuals.
E. 
The importance of the services provided by the proposed use to the community.
F. 
The requirements of the use for a waterfront location.
G. 
The availability of alternative locations not subject to flooding for the proposed use.
H. 
The compatibility the proposed use with existing development and development anticipated in the foreseeable future.
I. 
The relationship of the proposed use to the Borough Comprehensive Plan and floodplain management program.
J. 
The safety of access to the property in times of flood of ordinary and emergency vehicles.
K. 
The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.
L. 
Such other factors which are relevant to the purposes of this chapter including potential increases in flood elevations.

§ 27-1310 Criteria for Review of Applications for Variances.

[Ord. 778, 5/8/2012, § 1]
1. 
In reviewing application for variances within the Floodway District, Flood Fringe District and General Floodplain District, the Zoning Hearing Board shall consider all relevant provisions of this chapter and the following:
A. 
Variances may be granted for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places.
B. 
Variances shall not be given in the Floodway District that result in any increases in flood levels during the one-hundred-year flood.
C. 
Variances shall only be given where the applicant shows that granting of a variance will not result in increased flood height, additional threats to public safety, or extraordinary public expense, nor cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
D. 
If any variance is given, written notification shall be given to the applicant indicating that:
(1) 
Increased insurance will result, possibly going as high as $25 per $100 worth of coverage.
(2) 
Construction occurring below the one-hundred-year flood level increases risk to life and property.
E. 
Records of all variance actions including their justification shall be maintained by the community as well as reported in its annual report to FIA.

§ 27-1311 Nonconforming Uses.

[Ord. 778, 5/8/2012, § 1]
1. 
Nonconforming uses located within the Floodway District shall not be expanded or enlarged unless the effect of the expansion or enlargement on flood elevations is offset by accompanying stream improvements.
2. 
Any modification, alteration, repair, reconstruction or improvement of any kind to a nonconforming use located within the Floodway District, Flood Fringe District or General Floodplain District to an extent of less than 50% of its market value shall be elevated and/or floodproofed to the greatest extent possible.
3. 
Any modification, alteration, repair, reconstruction or improvement of any kind to a nonconforming use located within the Floodway District, Flood Fringe District, or General Floodplain District to an extent of 50% or more of its market value shall be in compliance with the provisions of this chapter and other applicable codes and ordinances; and in accord with the elevating and/or floodproofing provisions of § 27-1308 to the greatest extent possible.

§ 27-1312 Zoning District Delineations.

[Ord. 778, 5/8/2012, § 1]
1. 
The delineation of municipal zoning district boundaries is recorded graphically on the "Zoning Map of Beaver Borough," which is legally incorporated as part of this chapter. The original copy of said Zoning Map is on file in the office of the Borough Manager.
2. 
The Flood Fringe District and the General Floodplain Conservation District are identified on the Flood Boundary and Floodway Map which is a part of the Flood Insurance Study for Beaver Borough. Said map is considered a part of this chapter by reference and is on file in the office of the Borough Manager.

§ 27-1313 Administration.

[Ord. 778, 5/8/2012, § 1]
1. 
Permit Required. A building/zoning permit shall be required for all construction and development in any Floodplain District. In addition to the application requirements of § 27-1901 of this chapter, the following additional information shall be included in an application for construction or development in any Floodplain District:
A. 
A site plan which details the existing and proposed contours and/or elevation of the ground.
B. 
The one-hundred-year flood elevation, and the elevation of the lowest floor of any proposed structures.
C. 
If a proposed nonresidential structure is to be flood-proofed, certification from a registered professional engineer or architect that the floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the one-hundred-year flood.
D. 
If the proposed development is to be located within the Floodway District, a certification from a registered professional engineer that the development will not cause any increase in the one-hundred-year flood levels within the community, or that any such increase will be fully offset by accompanying watercourse improvements.
2. 
Other Permit Issuance Requirements. Prior to the issuance of any permit, the Zoning Officer shall review the application for permit to determine if all other necessary governmental permits such as those required by state and federal laws have been obtained including those required by Act 537, the Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1 et seq., the Pennsylvania Water Obstructions Act of 1913, and the Federal Water Pollution Control Act Amendments of 1972, § 404, 33 U.S.C. § 1334. No permit shall be issued until this determination has been made.