Chartiers Township Washington County
City Zoning Code
City Zoning Code
ARTICLE XIII
Floodplain Management
§ 350-76 General provisions.
A.
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:
(1)
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;
(2)
Restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding;
(3)
Requiring all those uses, activities, and developments that do occur in flood-prone areas to be protected and/or floodproofed against flooding; and
(4)
Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.
B.
Applicability. These provisions shall apply to all lands within the jurisdiction of the Township and shown as being located within the boundaries of the designated floodplain districts which are considered as a part of the Official Zoning Map.
C.
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.
D.
Warning and disclaimer of liability.
(1)
The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and 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.
(2)
This chapter shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
E. BASEMENT DEVELOPMENT FIA FIS FLOOD FLOODPLAIN FLOODPLAIN DISTRICT HISTORIC STRUCTURE(1) (2) (3) (4) LOWEST FLOOR MANUFACTURED HOME MANUFACTURED HOME PARK ONE-HUNDRED-YEAR FLOOD RECREATIONAL VEHICLE(1) (2) (3) (4) SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT(1) (2)
Definitions. The following terms shall have the following meanings as used in Article XIII, Floodplain Management:
Any area of a building having its floor below ground level on all sides.
Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; filling, grading, and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
Federal Insurance Administration.
Flood Insurance Study.
A temporary inundation of normally dry land areas.
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 General Floodplain District (FA).
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this chapter.
A transportable, single-family dwelling intended for permanent occupancy, office, or place of assembly, contained in one or more sections, built on a permanent chassis, which arrives at a site completed and ready for occupancy except for minor and incidental unpacking and assembly operations and constructed so that it may be used with or without a permanent foundation. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.
A parcel of land under single ownership which has been planned and improved for the placement of two or more manufactured homes for nontransient use.
A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year).
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty truck;
Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
§ 350-77 Zoning districts.
A.
Description of districts.
(1)
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 Township of Chartiers prepared by the Federal Insurance Administration dated August 1, 1979.
(a)
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.
(b)
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.
(c)
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 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 Township of Chartiers.
(2)
Overlay concept.
(a)
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.
(b)
Where there happens to be any conflict between the provisions or requirements of any of the floodplain district and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply.
(c)
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.
B.
Zoning Map. The boundaries of the floodplain districts are established as part of the Official Zoning Map of the Township of Chartiers which is declared to be a part of this chapter and which shall be kept on file at the Township offices.
C.
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 need for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration (FIA).
D.
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 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.
§ 350-78 District provisions.
A.
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 Township Building Code and Township Subdivision and Land Development Ordinance. In addition, all such uses, activities, and development shall be undertaken only in compliance with federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334.
B.
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.
C.
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, Dams and Waterway Management Bureau. Further, notification of the proposal by the Township shall be given to all affected adjacent municipalities. Copies of such notifications shall be forwarded to both the Federal Insurance Administration and the Department of Community and Economic Development.
(1)
Prohibited uses.
(a)
In accordance with the Pennsylvania Floodplain Management Act, and the regulations adopted by the Pennsylvania Department of Community and Economic Development as required by said Act, any new or substantially improved structure which will be used for the production or storage of any of the following dangerous substances; 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 section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:
[1]
Acetone.
[2]
Ammonia.
[3]
Benzene.
[4]
Calcium carbide.
[5]
Carbon disulfide.
[6]
Celluloid.
[7]
Chlorine.
[8]
Hydrochloric acid.
[9]
Hydrocyanic acid.
[10]
Magnesium.
[11]
Nitric acid and oxides of nitrogen.
[12]
Petroleum products (gasoline, fuel oil, etc.).
[13]
Phosphorus.
[14]
Potassium.
[15]
Sodium.
[16]
Sulphur and sulphur products.
[17]
Pesticides (including insecticides, fungicides and rodenticide).
[18]
Radioactive substances, insofar as such substances are not otherwise regulated.
(b)
Within any Floodway District, any structure of the kind described in Subsection C(1) above shall be prohibited.
(2)
Permitted uses in Floodway Districts (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.
(a)
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:
[1]
Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.
[2]
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.
[3]
Accessory residential uses such as yard areas, gardens, play areas, and pervious parking areas.
[4]
Accessory industrial and commercial uses such as yard areas, pervious parking and loading areas, airport landing strips, etc.
(b)
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 districts and are not prohibited by any other ordinance:
[1]
Structures except for manufactured homes accessory to the uses and activities in Subsection C(2)(a) above.
[2]
Utilities and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipelines, water and sewage treatment plants, and other similar or related uses.
[3]
Water-related uses and activities such as marinas, docks, wharves, piers, etc.
[4]
Extraction of sand, gravel, and other materials.
[5]
Temporary uses such as circuses, carnivals, and similar activities.
[6]
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.
[7]
Other similar uses and activities, provided that 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.
(3)
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.
(4)
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.
(5)
Special exceptions and variances: additional factors to be considered.
(a)
In passing upon applications for special exceptions and variances, the Zoning Hearing Board shall consider all relevant factors and procedures specified in other sections of this chapter and the following:
[1]
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 the one-hundred-year flood elevation in the Floodway District.
[2]
The danger that materials may be swept onto other lands or downstream to the injury of others.
[3]
The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
[4]
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
[5]
The importance of the services provided by the proposed facility to the community.
[6]
The requirements of the facility for a waterfront location.
[7]
The availability of alternative locations not subject to flooding for the proposed use.
[8]
The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
[9]
The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area.
[10]
The safety of access to the property in times of flood or ordinary and emergency vehicles.
[11]
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.
(b)
Except for a possible modification of the freeboard requirement, no variance shall be granted for any of the other requirements pertaining specifically to basement regulated by special permit (§ 350-79) or to prohibited uses [§ 350-78C(1)].
(c)
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 on evaluating the proposed project in relation to flood heights and velocities and the adequacy of the plans for protection and other related matters.
(d)
Special exceptions and/or variances shall only be issued after the Zoning Hearing Board has determined that the granting of such will not:
(f)
A complete record of all variance requests and related actions shall be maintained by the Township. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.
§ 350-79 Permitted uses by special permit.
A.
When required. In accordance with the Pennsylvania Floodplain Management Act[1] and regulations adopted by the Pennsylvania Department of Community and Economic Development as required by said Act, the following obstructions and activities are permitted only by special permit, if located partially or entirely within any floodplain district:
(2)
The commencement of, or any construction of, a new manufactured home park or manufactured home subdivision, or substantial improvement to an existing manufactured home park or manufactured home subdivision.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
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, 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 or debris may have on one-hundred-year flood elevations and flows;
(f)
The appropriate component of the Department of Environmental Protection's "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;
(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.
C.
Application review procedures. Upon receipt of an application for a special permit by the Township, 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 Planning Commission and Township Engineer for review and comment.
(2)
If an application is received that is incomplete, the Township shall notify the applicant in writing, stating in what respects the application is deficient.
(3)
If the Township decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.
(4)
If the Township 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 Township 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 Township.
(6)
If the Township 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 Township and the applicant, in writing, of the reasons for the disapproval, and the Township shall not issue the special permit.
D.
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 Township and the Department of Community and Economic Development.
§ 350-80 Administration.
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.