Bridgewater City Zoning Code
ARTICLE V
Environmental Protection and Waterfront Development Standards
§ 400-501 Additional information.
If the Zoning Officer has reason to believe that the proposed use may have difficulty complying with the standards of this article, then the Zoning Officer may require an applicant to provide written descriptions of proposed machinery, hazardous substances, operations and safeguards. The applicant may specify that portions of such submittal shall be treated as confidential to be viewed only by Borough officials without a business interest in such matters, in order to protect proprietary information.
§ 400-502 Nuisances and hazards to public safety.
A.
No landowner, tenant nor lessee shall use or allow to be used land or structures in a way that seriously threatens to or creates any of the following conditions:
(1)
Communicable disease or other public health hazards, including activities that encourage the breeding of disease-prone insects or rodents.
(2)
Significant physical hazards to the public, especially hazards that would be easily accessible by small children.
(3)
Activity that prevents a neighboring landowner of ordinary sensitivities from making reasonable use of their property.
(4)
Activity that creates a significant hazard to public health and safety because of serious explosive, fire, biological, biogenetic or toxic hazards.
B.
It is the responsibility of every property owner to ensure that their property does not threaten public health or safety, and to remove or alter any structure or situation that threatens the public health and safety. This includes, but is not limited to structurally unsound structures, including those damaged by fire. The Borough does not accept responsibility to identify or address all such hazards.
§ 400-503 Wetlands review.
A.
If the Zoning Officer, based upon review by the Borough Engineer or the County Conservation District or DEP or the Fish and Wildlife Service or the Army Corps of Engineers, has reason to believe that a portion of a site proposed to be altered may possibly meet the state or federal definitions of a "wetland, the Zoning Officer may require the applicant to provide a study by a qualified professional delineating the locations of wetlands. However, the Borough accepts no responsibility to identify all wetlands or to warn all parties of such possibilities.
B.
All permits of the Borough are issued on the condition that the applicant comply with federal and state wetlands regulations, and such permits may be revoked or suspended by the Zoning Officer for noncompliance with the regulations.
§ 400-504 Setbacks from Beaver and Ohio rivers.
A.
Purpose. To protect the water quality of surface waters, preserve physical access to surface waters in case of future public acquisition, minimize erosion and sedimentation, preserve the natural stormwater drainage system of the area, conserve sensitive wildlife and aquatic habitats, preserve vegetation along waterways that will help screen out eroded soil and other pollutants and provide for setbacks that can be used as required yard areas for a use.
B.
Setbacks from Beaver and Ohio rivers. No new principal building or new off-street parking for more than two vehicles or new commercial or industrial storage area shall be located within 75 feet of the center of the waterway of the Beaver and Ohio Rivers. See the Borough floodplain map in case such map regulates a wider area.
C.
Exceptions. The setbacks of this section shall not apply to public utility facilities, publicly owned recreational facilities, expansions of existing buildings or the placement of accessory structures.
D.
Setback areas and construction. During any filling, grading or construction activity, all reasonable efforts shall be made to leave the setback areas of this section undisturbed, except at approved waterway crossings.
§ 400-505 Waterfront development design standards.
A.
Intent. The purpose of this section is to preserve the unique natural resources of the Borough's waterfront and to encourage development which is compatible to the waterfront, providing for a mixture and variety of residential, retail, commercial and water-related recreational uses and facilities, with sufficient controls and as an integral part of the overall developmental picture of the district.
B.
All buildings constructed within the C-3 and C-4 Districts or adjoining the Beaver or Ohio Rivers shall be so located and so designed so as to minimize any obstruction to public views to the Beaver and Ohio Rivers.
C.
All building facades within the C-3 and C-4 Districts which are visible from the Beaver and Ohio Rivers shall be considered front building facades and shall be designed and constructed with an architectural treatment at least equivalent to the building facade facing a public street.
D.
Additional public access to the water's edge design standards for land use adjoining the Beaver and Ohio Rivers.
(1)
Waterfront residential areas.
(a)
Provide substantial improved shoreline accessory parks adjacent to the waterfront to serve the general public and project residents.
(b)
Take advantage of the setting, to the maximum extent feasible, by orienting the project to the waterfront and otherwise providing the residents and public with reminders of the proximity of the waterfront.
(c)
Provide unobtrusive paths, that respect the residents' privacy, to or along the shoreline to encourage passive public use where appropriate as part of individual residences.
(d)
Develop multiple unit projects with all-weather paths, landscaping, and other improvements that are appropriate for the anticipated demand, size and location of the project. The public access system shall generally provide continuous access along the shoreline with connection to other public areas or streets. Provide public parking if none exists in the area.
(e)
Use elevational changes, plantings, fences, and signs to clearly differentiate the public access areas from the private residential areas.
(f)
Where feasible, the use of indigenous vegetation and architectural style conducive to the established character of the area shall be encouraged.
(2)
Waterfront commercial uses.
(a)
Provide the maximum amount of highly improved public access because commercial land uses are capable of exposing large numbers of people to the waterfront and benefit the most from well-designed and improved public access areas.
(b)
Provide the maximum amount of waterfront access, unless the overall project design would be improved by reverse orientation inland. Provide for continuous access through the site and provide public areas that are large enough so as not to interfere with commercial operations.
(c)
Take advantage of the waterfront setting by relating the development to the waterfront. Locate uses that do not relate to the waterfront well back from the shoreline to minimize adverse impacts.
(d)
Provide public access improvements, such as parking, paved walkways, benches, kiosks, trash containers, landscaping, lighting, restrooms, and drinking fountains, where the costs of the improvements are reasonably related to the private benefits of the shoreline use.
(3)
Water-related recreational and marina land uses.
(a)
Provide the greatest amount of improved or natural public access to and along the waterfront shoreline.
(b)
Create some variety in the public access experience by providing pedestrian spaces or nodes, especially in marina projects which are often linear in nature.
(c)
Provide public access for fishing wherever possible on piers and breakwaters.
(d)
Provide public boat launching ramps wherever possible.
(4)
Other urban land uses in waterfront areas.
(a)
Set uses that do not relate to the waterfront, including light industrial uses, offices, and parking, well back from the shoreline.
(b)
Provide maximum access along the shoreline and screen the shoreline from incompatible uses.
(c)
Require improvements, such as landscaping, benches and paving, that are appropriate for the anticipated demand, size and location of the project.
(5)
Development adjacent to wetlands.
(a)
Develop or provide public access to wetlands, if appropriate, only in a way that respects the natural values such as passive wetlands parks.
(b)
Provide point access such as spur trails or view areas in places where wildlife is sensitive to human intrusion rather than continuous shoreline paths.
(c)
Provide controls to protect wildlife resources or other features from any access into these areas.
(d)
Provide minimal improvements such as signs which identify the area and interpret the resources.
(e)
Encourage supervised interpretive use of sensitive resource areas. Provide signs to inform and educate the public regarding the importance of wetlands preservation.
§ 400-506 Steep slopes.
A.
Applicability. If an area of a lot including slopes of 15% or greater is proposed for construction of buildings, streets or driveways or nonagricultural grading, then the applicant shall submit a steep slope site plan to the Zoning Officer. These submittal requirements may be met by including the required information on subdivision/land development plans.
B.
Plan. A steep slope site plan shall meet the following requirements:
(1)
Show detailed slope contours for all areas that potentially may be disturbed and constructed upon;
(2)
Identify all areas of 15% to 25% and greater than 25% slope;
(3)
Be to scale (such as one inch equals 50 feet);
(4)
Show substantial areas of trees and dense vegetation proposed to be removed or preserved prior to or during the development of the use;
(5)
Be stamped by a professional surveyor, professional engineer, or registered landscape architect;
(6)
Show proposed locations of principal buildings, streets, driveways, on-lot septic fields and other areas of soil disturbance. (Note: If the exact location of these features is not definitely determined at the time of plan submittal, then the plan shall designate the outer limits of areas where such features may potentially be located. If different locations outside of the approved location would be proposed after approval of the site plan, then the applicant shall prove to the Zoning Officer that the revised location would still meet the requirements of this section.)
(7)
State the maximum slope of proposed driveways and streets; and
(8)
Show an area of 20 feet around the proposed principal building locations.
C.
15% to 25%. If a proposed principal building and driveway location and any areas within 20 feet of such location on the lot include more than 1,000 square feet with 15% or greater slopes, but do not include more than 1,000 square with slopes greater than 25%, the following regulations shall apply, unless more restrictive regulations are stated elsewhere in this Zoning chapter:
D.
Greater than 25%. If a proposed principal building location and any areas within 20 feet of such location on the lot include more than 1,000 square feet with slopes greater than 25%, then the Zoning Officer shall not permit the construction of such principal buildings within the proposed location.
F.
Grading; man-made slopes. No grading shall occur in such a way that would circumvent the requirements of this Zoning chapter, such as prior to submittal for a zoning or building permit or subdivision or land development approval. The steep slope requirements shall apply based on the slope of land at the time of the adoption of this Zoning chapter. This section shall not apply to man-made slopes that naturally were not 15% or greater slope.
G.
Driveways. A new driveway shall not be built that would require cutting against contours through an area of 30% or greater natural slope for 75 feet or longer, measured in a straight line.
§ 400-507 Threats to water quality.
A.
No substance shall be stored in such a way that it could be washed into the groundwater or surface water, if such substance could seriously contaminate groundwater or surface water or serious harm aquatic life of a waterway.
B.
If a substance threatens groundwater or surface water contamination, it shall be stored within an impermeable containment. Such storage shall be surrounded if needed by a berm that would drain any spilled substance to an engineered collection area, or other method approved, in writing, by the Borough Council or DEP.
C.
All hazardous substances shall be properly labeled, and shall be in compliance with the Pennsylvania Worker and Community Right to Know Act, 35 P.S. § 7301 et seq.
§ 400-508 Sewage disposal.
All methods of wastewater disposal shall meet requirements of DEP, the Borough Sewer Authority and the Official Borough Sewage Facilities Plan, as amended, as applicable.
§ 400-509 Noise.
A.
No principal or accessory use, or its operations, shall generate a sound level exceeding the limits established in the table below, when measured at the specified locations:
Sound Level Limits by Receiving Land Use/District | ||
|---|---|---|
Land Use or Zoning District Receiving the Noise | Hours/Day | Maximum Sound Level |
10 feet inside a residentially zone lot | 7:00 a.m. to 9:00 p.m. other than Sundays, Christmas Day, Thanksgiving Day, New Year's Day, Labor Day and Memorial Day | 68 DBA |
9:00 p.m. to 7:00 a.m. plus all day Sundays, Christmas Day, Thanksgiving Day, New Year's Day, Labor Day and Memorial Day | 63 DBA | |
10 feet inside any lot line not listed above | All times and days | 73 DBA |
B.
The maximum permissible sound levels in the above table shall not apply to any of the following:
(1)
Sound needed to alert people about an emergency.
(2)
Repair or installation of utilities or construction of structures, sidewalks or streets.
(3)
Household power tools and lawn mowers.
(4)
Agricultural activities, including permitted raising of livestock, but not exempting a commercial kennel.
(5)
Railroads, aircraft or vehicles operating on a public street.
(6)
Public celebrations specifically authorized by the Borough Council or a county, state or federal government agency or body.
(7)
Unamplified human voices or the sounds of pets.
(8)
Ringing of bells and chimes by a place of worship.
§ 400-510 Vibration.
No use shall generate vibration that is perceptible to an average person through their senses, without the use of measuring instruments, on private property beyond the exterior lot line of the use generating the vibration. This requirement shall not apply to occasional nonroutine blasting that may be necessary during construction of streets, structures and utilities.
§ 400-511 Odors and dust.
No use shall generate odors or dust that are significantly offensive to persons of average sensitivities beyond the boundaries of the subject lot.
A.
This restriction shall not apply to odors or dust created by permitted agricultural uses that are using "normal farming practices" within Act 133 of 1982, as amended, the state Right to Farm Act, 3 P.S. § 951 et seq.; or an official agricultural security area. This odor restriction shall apply to uses that do not follow the farming practices referenced in those state laws, such as if manure is not plowed under within a reasonable period of time.
§ 400-512 Glare.
A.
Streetlighting exempted. This section shall not apply to streetlighting that is owned, financed or maintained by the Borough or the state.
B.
Glare. All lights and signs shall be designed and operated to reasonably minimize the amount of light and glare they generate onto residential lots and streets. All light sources, including signs, shall be properly diffused as needed with a translucent or similar cover to prevent exposed bulbs from being directly visible from streets, public sidewalks, dwellings or adjacent lots. All light sources, including signs, shall be shielded around the light source and carefully directed and placed to prevent the lighting from creating a nuisance to reasonable persons in adjacent dwellings and to prevent the lighting from shining into the eyes of passing motorists.
C.
Height of lights. No luminaries spotlight or other light source that is within 200 feet of a dwelling shall have a height exceeding 25 feet above the average surrounding ground level. This limitation shall not apply to lights needed for air safety nor lights intended solely to illuminate an architectural feature of a building.
D.
Flickering. Flashing, flickering or strobe lighting are prohibited, except for nonadvertising seasonal lights between October 25 and January 10.
§ 400-513 Erosion control, drainage, filling, excavation, and grading.
A.
Grading and erosion plans.
(1)
In advance of any earth disturbance (including grading, filling and excavation), other than crop farming, an appropriate sedimentation and erosion control and grading plans shall be submitted to the Zoning Officer if such work:
(2)
These plans may be subject to reviews by the Borough Engineer and the County Conservation District.
B.
Erosion. Earth-moving activities and the stripping of vegetation shall be held to a reasonable minimum to avoid erosion. All Borough permits are granted on the condition that state erosion and sedimentation regulations and any submitted erosion and sedimentation plan are complied with. Failure to comply with such regulations or plan shall be cause for suspension of Borough permits.
C.
Drainage. The ground adjacent to a building shall be graded so that surface water will be drained away from such building and away from on-lot septic fields. Adequate stormwater control shall be used to protect buildings on the subject lot and all adjoining property. This shall include, but not be limited to, measures to prevent high-velocity, concentrated runoff from damaging other property and causing erosion.
D.
Grading shall not be completed in such a way that soils, rocks or other debris are left in an unsightly fashion nor in a fashion that interferes with drainage, streets or utilities.
E.
Fill. Materials used for fill as a future base for construction shall be nonbiodegradable, well compacted and provide a suitable and secure base.
F.
Dumping. Outdoor dumping of junk or solid waste in other than an approved solid waste disposal facility, composting facility or junkyard is prohibited.
G.
Stripping of topsoil. Sufficient topsoil to grow grass and similar vegetation shall remain on all land, except for areas approved to be paved.
§ 400-514 Flood-prone areas.
A.
General provisions.
(1)
Purposes. 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 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 because of flood hazards.
(2)
Applicability. These provisions shall apply to all lands within the jurisdiction of the Borough of Bridgewater and shown as being located within the boundaries of the designated floodplain districts which are considered as a 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 or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
B.
Establishment of floodplain districts.
(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 Bridgewater prepared by the Federal Insurance Administration dated November 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.
(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. In the event any provision concerning a Floodplain District is declared inapplicable 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 delineated on the map entitled Flood Boundary and Floodway Map, which is part of the Flood Insurance Study prepared by the Federal Insurance Administration, dated November 1, 1979. The Flood Boundary and Floodway Map is hereby declared to be a part of both this chapter and the Official Zoning Map of the Borough of Bridgewater.
(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 United States Army Corps of Engineers, the Susquehanna River Basin Commission or other qualified agency or individual, documents the notification for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration (FIA).
(4)
Interpretation of district boundaries. Initial interpretations of the boundaries of the Floodplain District 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.
C.
District provisions.
(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.
(2)
In addition, all such uses, activities and development shall be undertaken only in compliance with federal or state law, including the United States Clean Water Act, Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334; the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended, 35 P.S. § 750.1 et seq.), and the Pennsylvania Clean Streams Act (Act 1937-394, as amended, 35 P.S. § 691.1 et seq.).
(3)
Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodway of any watercourse, drainage ditch or any other drainage facility or system.
(4)
Permitted uses. In the Floodplain Districts, the development and/or use of land shall be permitted in accordance with the regulations of the underlying district subject to the following:
(a)
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.
(b)
No mobile home shall be permitted in the Floodway District (FW).
(c)
Development and/or use of land shall be permitted in the Floodplain Districts only in strict compliance with the elevation and related provisions of the ordinance and all other applicable codes and ordinances.
D.
Elevation, floodproofing and construction standards applicable within floodplain districts.
(1)
Residential structures. Within any Floodplain District, any new construction or substantial improvement of a residential structure shall have the lowest floor, including the basement, elevated up to, or above the one-hundred-year flood elevation.
(2)
Nonresidential structures.
(a)
Within any Floodplain District the lowest floor, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor, including the basement, 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 which will not be completely or adequately elevated shall be designed and constructed to be completely or essentially dry in accordance with the WI or W2 space classification standards contained in the publication entitled "Floodproofing Regulation" (U.S. Army Corps of Engineers, June 1972, as amended March 1992), or some other equivalent standard for that type of construction. All plans and specification 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)
Space below the lowest floor.
(a)
Fully enclosed space below the lowest floor, including the basement, is prohibited.
(b)
Partially enclosed space below the lowest floor, including the basement, which will be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement, shall be designed and constructed to allow for the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term "partially enclosed space" also includes crawl spaces.
(c)
Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
[1]
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
[2]
The bottom of all openings shall be no higher than one foot above grade.
[3]
Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
(4)
Accessory structures. Structures accessory to a principal building need not be elevated or floodproofed to remain dry, but shall comply, at a minimum, with the following requirements.
(a)
The structure shall not be designed or used for human habitation, but shall be limited to the parking of vehicles, or to the storage of tools, material, and equipment related to the principal use or activity.
(b)
Floor area shall not exceed 600 square feet.
(c)
The structure will have a low damage potential.
(d)
The structure will be located on the site so as to cause the least obstruction to the flow of floodwaters.
(e)
Power lines, wiring, and outlets will be at least 1 1/2 feet above the one-hundred-year flood elevation.
(f)
Permanently affixed utility equipment and appliances such as furnaces, heaters, washers, dryers, etc., are prohibited.
(g)
Sanitary facilities are prohibited.
(h)
The structure shall be adequately anchored to prevent flotation or movement and shall be designed to automatically provide for the entry and exit of floodwater for the purpose of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
[1]
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
[2]
The bottom of all openings shall be no higher than one foot above grade.
[3]
Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
(5)
Fill. If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the building line from all points.
(b)
Consist of soil or small rock materials only. Sanitary landfills shall not be permitted.
(c)
Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling.
(d)
Be no steeper than one vertical to two horizontal feet unless substantiated data justifying steeper slopes are submitted to and approved by the Zoning Officer.
(e)
Be used to the extent to which it does not adversely affect adjacent properties.
(6)
Drainage facilities. Adequate storm drainage shall be provided for developments 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 ensure 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.
(7)
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 floodwaters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment.
(8)
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.
(9)
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.
(10)
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
(11)
Storage. All material that is buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal, or plant life, and not listed below in § 400-514E, Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
(12)
Placement of buildings and structures. All buildings and structures shall be designed, located, and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect on the flow and height of floodwater.
(13)
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. All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
(14)
Floor, walls and ceilings. Where located at or below the regulatory flood elevation:
(a)
Wood flooring shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain, without incurring structural damage to the building.
(b)
Plywood shall be of any exterior or marine grade and of a water-resistant or waterproof variety.
(c)
Walls and ceilings in nonresidential structures shall have sufficient wet strength and be so installed as to survive inundation.
(d)
Window frames, door frames, door jambs and other components shall be made of metal or other water-resistant material.
(15)
Paints and adhesives.
(a)
Paints and other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.
(b)
Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(c)
All wooden components (doors, trim, cabinets, etc.) shall be finished with a marine or water-resistant paint or other finishing material.
(16)
Electrical systems.
(a)
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 regulatory flood elevation.
(b)
No electrical distribution panels shall be allowed at an elevation less than three feet above the level of the one-hundred-year flood elevation.
(c)
Separate electrical circuits shall serve lower levels and shall be dropped from above.
(17)
Plumbing.
(a)
Water heaters, furnaces and other mechanical equipment or apparatus shall be permitted only at elevations above the regulatory flood.
(b)
No part of any on-site sewage disposal system shall be constructed within any designated floodplain districts.
(c)
Water supply systems and sanitary sewage systems shall be designed to preclude infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
(d)
All gas and oil supply systems shall be designed to preclude the infiltration of floodwaters into the systems and discharges from the systems into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
(18)
Special provisions for mobile homes within any Floodplain District.
(a)
All mobile homes and any additions thereto shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors as follows:
[1]
Over-the-top ties shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations for units 50 feet or more in length, and one additional tie per side for units less than 50 feet in length.
[2]
Frame ties shall be provided at each corner of the mobile home, with five additional ties per side at intermediate locations for units 50 feet or more in length, and four additional ties per side for units less than 50 feet in length.
[3]
All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.
(b)
All mobile homes and any additions thereto shall also be elevated in accordance with the following requirements:
[1]
The stands or lots shall be elevated on compacted fill, or on pilings so that the lowest floor of the mobile home will be at or above the elevation of the one-hundred-year flood.
[2]
Adequate surface drainage is provided.
[3]
Adequate access for a hauler is provided. Where pilings are used for elevation, the lots shall be large enough to permit steps; piling foundations shall be placed in stable soil no more than 10 feet apart; reinforcement shall be provided for pilings that will extend for six feet or more above the ground level.
(c)
No mobile homes shall be placed in any designated Floodway District.
(19)
Materials. All materials and utility equipment used shall be resistant to flood damage.
E.
Development which may endanger human life.
(1)
In accordance with the Pennsylvania Flood Plain Management Act, and the regulations adopted by the 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, will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or will involve the production, storage, or use of any amount of radioactive substances shall be subject to the provisions of this part, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:
(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 (such as gasoline and fuel oil);
(m)
Phosphorus;
(n)
Potassium;
(o)
Sodium;
(p)
Sulphur and sulphur products;
(q)
Pesticides (including insecticides, fungicides and rodenticides);
(r)
Radioactive substances, insofar as such substances are not otherwise regulated.
(2)
Within any FW (Floodway Area), any structure of the kind described in Subsection A above shall be prohibited.
(3)
Where permitted within any floodplain area, any new or substantially improved structure of the kind described in Subsection A above, shall be:
(4)
Any 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 "Flood-Proofing Regulations" (US Army Corps of Engineers, June 1972 as amended March 1992), or with some other equivalent watertight standard.
F.
Prohibited uses.
(1)
In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Flood Plain Management Act, the following activities shall be prohibited within any identified floodplain area unless a special permit has been issued by the Borough.
(a)
The commencement of any of the following activities; or the construction, enlargement, or expansion of any structure used, or intended to be used, for any of the following activities:
(b)
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:
[1]
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:
[a]
The structure will survive inundation by waters of the one-hundred-year flood without lateral movement or damage to either the structure itself or to any of its equipment or contents below the one-hundred-year flood elevation.
[b]
The lowest floor, including the basement, elevation will be at least 1 1/2 feet above the one-hundred-year flood elevation.
[c]
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.
[2]
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.
G.
Existing structures. Structures existing in any designated floodplain districts prior to the enactment of this chapter, but which are not in compliance with these provisions, may continue to remain subject to the following:
(1)
Existing structures located in a designated Floodway District shall not be expanded or enlarged, unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements.
(2)
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed to the greatest extent possible.
(3)
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of 50% or more of its market value, shall be undertaken only in full compliance with the provisions of this chapter.
H.
Administration.
(1)
Permit required. A zoning permit shall be required for all construction and development in any Floodplain District, including the alteration, repair, remodeling, or improvement of existing structures. In addition to the application requirements of Article I, § 400-107, Permits and certificates, 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)
Storage elevations.
(d)
Size of the structures.
(e)
Location and elevations of streets, water supply, sanitary facilities.
(f)
Soil types.
(g)
Floodproofing measures, including specific reference to the level of the floodproofing in relation to the one-hundred-year flood.
(h)
If a proposed nonresidential structure is to be floodproofed, certification from a registered 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. A record of such certificates indicating the specific elevation (in relation to sea level) to which such structures are floodproofed shall be maintained by the Borough Secretary.
(i)
If the proposed development is to be located within the Floodway District, a certification from a registered 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[1]; and the federal Water Pollution Control Act Amendments of 1972, Section 404, U.S.C. § 1334. No permit shall be issued until this determination has been made.
[1]
Editor's Note: Said act was repealed 10-13-1979 by P.L. 204, No. 70. See now 32 P.S. § 693.1 et seq.
(3)
Watercourse alterations. Prior to any proposed alteration or relocation of a watercourse, the developer proposing such modification shall obtain a permit from the Pennsylvania Department of Environmental Protection, Bureau of Dams Safety, Obstructions, and Stormwater Management. Furthermore, the developer shall notify the Pennsylvania Department of Community and Economic Development and all affected communities by certified mail prior to such proposed alterations and shall submit copies of such notification to the Borough Zoning Officer and the Federal Insurance Administration. In addition, the developer shall assure the Bridgewater Borough Council, in writing, that the flood-carrying capacity within the altered or relocated portion of the watercourse will be maintained.
I.
Variances and special exceptions.
(1)
Requests for variances and/or special exceptions in the Floodplain Districts shall be considered by the Zoning Hearing Board in accordance with the following procedures:
(a)
No variance or special exceptions shall be granted for any construction, development, use or activity within any designated Floodway (FW) District that would cause any increase in the one-hundred-year elevation.
(b)
If granted, a variance or special exception shall involve only the least modification necessary to provide relief.
(c)
In granting any variance or special exception, the Zoning Hearing Board may attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety and welfare, and to achieve the objectives of this chapter.
(d)
Whenever a variance or special exception is granted, the Zoning Hearing Board shall notify the applicant, in writing, that:
(e)
In reviewing any request for a variance or special exception, the Zoning Hearing Board, shall consider, but not be limited to, the following:
[1]
That there is good and sufficient cause.
[2]
That failure to grant the variance would result in exceptional hardship to the applicant.
[3]
That the granting of the variance will not result in any unacceptable or prohibited increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable local or state ordinance and regulations.
[4]
The danger that materials may be swept on to other lands or downstream to the injury of others.
[5]
The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.
[6]
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
[7]
The importance of the services provided by the proposed facility to the community.
[8]
The requirements of the facility for a waterfront location.
[9]
The availability of alternative locations not subject to flooding for the proposed use.
[10]
The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
[11]
The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area.
[12]
The safety of access to the property in times of flood or ordinary and emergency vehicles.
[13]
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.
(f)
A complete record of all variance and special exception requests and related actions shall be maintained by the Borough of Bridgewater. In addition, a report of all variances and special exceptions granted during the year shall be included in the annual report to the Federal Insurance Administration.
(2)
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the hydrostatic and hydrodynamic loads and pressures, and effects of buoyancy of the one-hundred-year flood.