Coudersport City Zoning Code
ARTICLE XVIII
Floodplain Districts
§ 450-68 General provisions; definitions.
A.
Declaration of specific intent. The intent of this article is to:
(1)
Promote the general health, welfare, and safety of the community.
(2)
Reduce financial burdens imposed on the community, its governmental units and its individuals by preventing excessive development in areas subject to periodic flooding.
(3)
Minimize danger to public health by protecting water supply and natural drainage.
(4)
Promote responsible flood proofing measures within the Floodplain Conservation District.
B.
Abrogation and greater restrictions. This article supersedes any provisions currently in effect in flood-prone areas. However, any underlying ordinance shall remain in full force and effect to the extent that those provisions are more restrictive.
C.
Municipal liability. The grant of a permit or approval of a subdivision plan in any floodplain district shall not constitute a representation, guarantee or warranty of any kind by the Borough, or by any official or employee thereof of the practicability or safety of the proposed use, and shall create no liability upon the Borough, its officials or employees.
D. ACCESSORY USE OR STRUCTURE FLOODPLAIN FLOODWATERS OF THE ONE-HUNDRED-YEAR FREQUENCY FLOODWAY OBSTRUCTION STRUCTURE SUBSTANTIAL IMPROVEMENT
Definitions. Unless specifically defined below, words and phrases used in this article shall be interpreted so as to give them the same meanings as they have in common usage and so as to give this article its most reasonable application:
A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation or, any area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
The waters of a flood that, on the average, is likely to occur every 100 years (i.e., that has a 1% chance of occurring each year).
The designated area of a floodplain required to carry and discharge floodwaters of a given magnitude.
Any wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, or change the direction of the flow of water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.
Anything constructed or erected on the ground or attached to the ground including, but not limited to, buildings, factories, sheds, cabins, mobile homes, and other similar items.
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the actual cash value of the structure either before the improvement is started or, if the structure has been damaged and is being restored, before the damage occurred.
§ 450-69 Floodplain Conservation District.
A.
Establishment of Floodplain Conservation District (FP). This district shall include all areas subject to inundation by floodwater of the one-hundred-year frequency. The source of this delineation shall be the FIA Flood Hazard Boundary Maps issued in July 19, 1974, as prepared by the Department of Housing and Urban Development, Federal Insurance Administration.
B.
Change in the Floodplain Conservation District. The delineation of the floodplain conservation district boundaries may be revised and modified by the Coudersport Borough Council where there are changes, through natural or other causes, or where changes can be validated by further detailed engineering studies employing on-site survey techniques as approved or recommended by the U.S. Army Corps of Engineers, Pittsburgh District, or the Potter County Soil Conservation District.
C.
Boundary dispute. Should a dispute concerning any district or zone boundary arise, an initial determination shall be made by the Borough Planning Commission and any party aggrieved by this decision may appeal to the Coudersport Borough Council. The burden of proof shall be on the appellant.
§ 450-70 Flood damage control regulations.
In order to prevent excessive damage to buildings and structures due to conditions of flooding, the following restrictions shall apply to all new construction, substantial improvement and/or use occurring in the Borough's designated Floodplain Conservation District:
A.
General.
(1)
In the Floodplain Conservation District, the development and/or use of any land shall be permitted, provided that the development and/or use adheres to all the requirements of the underlying zone.
(2)
No modification, alteration, repair, or new construction of buildings, structures, fill, or any combination of these shall be permitted in the "floodway" zone if it would impair its ability to carry and discharge floodwaters or increase the water surface elevation of the one-hundred-year flood by more than one foot, except where the effect on flood heights is fully offset by stream improvements. The floodway shall be that area delineated in the FIA Flood Hazard Boundary Maps issued in July 19, 1974, as prepared by the Department of Housing and Urban Development, Federal Insurance Administration.
(3)
Basements or first floor levels in nonresidential buildings may be constructed below the level of the one-hundred-year flood, provided that they are designed to preclude inundation to an elevation of, at least, one foot above the elevation of the one-hundred-year flood and to withstand the hydrostatic load of the one-hundred-year floodwaters.
(4)
No basements shall be permitted in residential structures. First floor levels in residential structures shall be constructed at or above the elevation of the one-hundred-year flood.
B.
Fill. If fill is used to raise the finished surface of the floor one foot above the elevation of the one-hundred-year flood:
(1)
Fill shall extend laterally 15 feet beyond the building line from all points.
(2)
Fill shall consist of soil or small rock materials only. Sanitary landfills shall not be permitted. Fill material shall be compacted to provide the necessary permeability and resistance to erosion or scouring.
(3)
Fill slopes shall be no steeper than one vertical on two horizontal, unless substantiating data justifying steeper slopes are submitted to and approved by the Borough Code Enforcement Officer.
(4)
Fill shall be used only to the extent to which it does not adversely affect adjacent properties.
C.
Placement of buildings and structures.
(1)
All buildings and structures shall be constructed and placed on the lot so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum of effect upon the flow and height of floodwater.
(2)
The following shall not be placed or caused to be placed in the designated Floodplain Conservation District: fences, except two-wire fences, other structures or other matter which may impede, retard or change the direction of the flow of water, or that will catch or collect debris carried by such water, or that is placed where the natural flow of the stream or floodwaters would carry the same downstream to the damage or detriment of either public or private property adjacent to the floodplain.
D.
Anchoring.
(1)
All buildings and structures shall be firmly anchored to prevent flotation, thus reducing and decreasing the possibility of the blockage of bridge openings and other restricted sections of the watercourse.
(2)
All air ducts, large pipes and storage tanks located at or below the first floor level shall be firmly anchored to prevent flotation.
E.
Floors, walls and ceilings.
(1)
Wood flooring used at or below the first floor level shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain, without incurring structural damage to the building.
(2)
All finished flooring used at or below the first floor level shall be made of materials which are stable and resistant to water damage resulting from submersion for, at least, a forty-eight-hour period.
(3)
All carpeting or carpet cushions employed as a finished flooring surface at or below the first floor level shall be made of materials which are resistant to water damage resulting from submersion for, at least, a five-day period.
(4)
Plywood used at or below the first floor level shall be of an "exterior" or "marine" grade and of water-resistant or waterproof variety.
(5)
Basement ceilings in nonresidential structures shall have sufficient wet strength and be so installed as to survive inundation.
(6)
Window frames, door frames and door jams used at or below the first floor level shall be made of metal.
F.
Electrical systems.
(1)
All electric water heaters, electric furnaces, electrical air conditioning and ventilating systems and other critical electrical installations shall be permitted only at elevations of one foot or more above the level of the one-hundred-year flood.
(2)
No electrical distribution panels shall be allowed at an elevation less than three feet above the level of the one-hundred-year flood.
(3)
Separate electrical circuits shall serve lower levels and shall be dropped from above.
G.
Plumbing.
(1)
Water heaters, furnaces and other critical mechanical installations shall be permitted only at elevations of one foot or more above the level of the one-hundred-year flood.
(2)
No part of any on-site sewage disposal system shall be constructed within the Floodplain Conservation District.
(3)
Water supply systems and sanitary sewage systems shall be designed to preclude infiltration of floodwaters into the systems and discharges from the system into floodwaters.
(4)
All gas and oil supply systems shall be designed to preclude the infiltration of floodwaters into the systems into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
H.
Paints and adhesives.
(1)
Adhesives used at or below the first floor level shall have a bonding strength that is unaffected by inundation.
(2)
Doors and all wood trim used at or below the first floor shall be sealed with a waterproof paint or similar product.
(3)
Paints or other finishes used at or below the first floor level shall be capable of surviving inundation.
I.
Storage. No materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal, or plant life shall be stored below an elevation of one foot above the elevation of the one-hundred-year flood.
§ 450-71 Administration.
A.
Permits. Permits shall be required before any new construction, reconstruction, expansion, renovation, or extension of a building or structure can take place in the Floodplain Conservation District.
B.
Statement of intention to improve. Prior to the preparation of final plans for any improvement, a registered architect or licensed engineer authorized to represent the owner shall file with the Borough Secretary a statement of intention to improve, including a brief description of the type of improvement being considered and the precise location of the proposed improvements.
C.
The Borough Secretary shall provide the authorized representative of the owner with the location of the proposed improvement site with respect to the Floodplain Conservation District and Floodway Zone boundaries and with the elevation of the one-hundred-year flood at the proposed improvement site.
D.
Application procedure. An application for a permit shall be made in writing to the Borough Secretary on forms supplied by the Borough. Such application shall contain at least the following:
(1)
Name and address of applicant.
(2)
Name and address of owner of land on which proposed construction is to occur.
(3)
Name and address of contractor.
(4)
A plan which details size of structure, finished ground elevation, finished floor elevation, hydrostatic flood load on walls and floors, condition of soil under and around foundation, types of wall and floor construction, materials and finishes, power source and elevations, water supply, sanitary facilities and all floodproofing measures.
§ 450-72 Notices; hearings; orders; appeals.
[Amended 2-8-1989 by Ord. No. 490]
A.
Notices. Whenever the Borough Secretary or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provision of this article, or of any regulation adopted pursuant hereto, such authority shall give notice of such alleged violation as hereinafter provided. Such notice shall:
(1)
Be in writing;
(2)
Include a statement of the reasons for its issuance;
(3)
Allow a reasonable time for the performance of any act it requires;
(4)
Be served upon the property owner or his agent as the case may require; provided, however, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served with such notice by any other method authorized or required by the laws of this state;
(5)
Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this article, or any part thereof, and with the regulations adopted pursuant hereto.
B.
Hearings. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this article, or of any regulation adopted pursuant hereto, may request and shall be granted a hearing on the matter before the Coudersport Borough Council, provided that such person shall file in the office of the municipal authority a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the notice was served. The filing of the request for a hearing shall operate as a stay of the notice and the suspension. Upon receipt of such petition, the Borough Secretary shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice shall be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed; provided that, upon application of the petitioner, the Borough Secretary may postpone the date of the hearing for a reasonable time beyond such ten-day period when, in his judgment, the petitioner has submitted good and sufficient reasons for such postponement.
C.
Findings and order. After such hearing the Borough Secretary shall make findings as to compliance with the provisions of this article and regulations issued thereunder and shall issue an order, in writing, sustaining, modifying, or withdrawing the notice, which shall be served as provided in § 450-72A(4) of this chapter.
D.
Record; appeals. The proceedings at such a hearing, including the findings and decision of the authority, and together with a copy of every notice and order related thereto shall be entered as a matter of public record in the Borough, but the transcript of the proceedings need not be transcribed unless judicial review of the decision is sought as provided by this article. Any person aggrieved by a decision of the Borough may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this commonwealth.