The Flood Hazard Overlay District shall be comprised of the identified floodplain area. The identified floodplain area shall be those areas of the Borough which are subject to the one-hundred-year flood, as identified in the Flood Insurance Study (FIS) dated October 4, 1995, and the accompanying maps prepared for the Borough by the Federal Emergency Management Agency (FEMA), or the most recent revision thereof.

The Flood Hazard Overlay District Map for the Borough shall delineate the Flood Hazard Overlay District. This map, or the Flood Hazard Overlay District shall be deemed an overlay on the otherwise applicable zoning districts set forth on the Borough Zoning Map.[1] No reduction in the Flood Hazard Overlay District shall be made without prior consultation with and approval of the Federal Insurance Administrator.

The boundaries of the Flood Hazard Overlay District shall be determined by scaling the distances as shown on the Flood Hazard Overlay District Map after such map is prepared. Where interpretation is needed as to the exact location of the boundaries of the district as shown thereon, as, for example, where there appears to be conflict between the mapped boundary and actual field conditions, an initial determined of the exact boundary of the area subject to inundation by the base flood shall be made by the Borough Engineer and a written report made to the Council. Any party aggrieved by any such determination of the Borough Engineer or other decision or determination under this article may appeal to the Zoning Hearing Board. The person contesting the location of the district boundary shall have the burden of proof in case of any such appeal. Such interpretation by the Borough Engineer and/or Zoning Hearing Board shall not constitute a reduction of the Flood Hazard Overlay District for purposes of requiring prior approval of the Federal Insurance Administrator.

This article is to be administered in conjunction with § 113-31 of Chapter 113, Subdivision and Land Development.

The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific study. Larger floods may occur on rare occasions or the flood height may be increased by man-made or natural causes such as ice jams or bridge openings constricted by debris. In such instances, areas outside the Flood Hazard Overlay District or land uses permitted within the district may be subject to flooding or flood damages. This Article 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.

Agricultural. General farming, pasture, orchard, grazing outdoor plant nurseries and truck farming. Such activities shall be conducted in accordance with a plan approved by the Allegheny County Soil and Water Conservation District or recognized soil conservation practices by the Borough.

Selective cutting of trees. Permitted, provided that desirable mature shade trees are not totally eliminated, that particular attention is paid to retaining such trees within 25 feet of any stream bank and that no such trees growing within or upon a stream bank shall be removed unless dead or damaged and threatening the stability of the bank.

Recreational uses. Parks, camps, picnic grounds, golf courses, golf driving ranges, archery and shooting ranges, hiking and riding trails, hunting and fishing areas, game farms, fish hatcheries, wildlife sanctuaries, nature preserves and swimming areas.

Pervious parking areas and driveways. Permitted, when consistent with the regulations for the underlying zoning district otherwise applicable to the lot.

No encroachment, alteration or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Borough and until all required permits or approvals have been first obtained from the Department of Environmental Protection or Bureau of Dams and Waterways. In addition, the Federal Emergency Management Agency shall be notified prior to any alteration or relocation of any watercourse.

Any new construction, development, uses or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this article and any other applicable codes, ordinances and regulations.

With any FW (Floodway Area), the following provisions apply:

Within any FE (Special Floodplain Area), no new construction or development shall be allowed unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the elevation of the one-hundred-year flood more than one foot.

Within any FE (Special Floodplain Area) or FA (General Floodplain Area), the following provisions apply:

Residential structures. Within any identified floodplain area, any new construction or substantial improvement of a residential structure shall have the lowest floor (including basement) elevated up to or above the regulatory flood elevation.

Nonresidential structures:

Accessory. Accessory uses customarily incidental to any of the foregoing permitted uses may be specifically excepted.

Other. Railroads, roads, bridges, utility transmission lines, dams and culverts, where approved by the Borough Engineer in consultation with any interested Commonwealth agency, may be specifically excepted.

Water and sewer. Sealed water supply wells, water pipelines and sanitary sewer line systems, provided that they are designed and constructed to eliminate infiltration of floodwater into the waters of the Commonwealth, may be specially excepted.

Factors. The following factors are to be considered by the Zoning Hearing Board in considering an application for administrative relief from the requirements for the granting of a special exception or variance from this article.

Variance requests. In addition to the foregoing and in addition to other criteria elsewhere in this chapter, the following factors are to be considered by the Zoning Hearing Board in considering a request for a variance from the provisions this article:

The Zoning Hearing Board shall attach such conditions to granting of a special exception or variance as it deems necessary to further the purposes of this article, including, without limitation because of specific enumeration, the following:

Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-hundred-year flood and to satisfy the minimum requirements under § 60.3d of the National Flood Insurance Program Regulations.

Advice. Require the applicant to advise prospective purchasers and/or lessees that the lot is located either entirely or partially, as the case may be, in the Flood Hazard Overlay District.

Written notice. Require that, before settlement or change in use, as the case may be, may take place, the purchaser or lessee shall signify, in writing, that he/she has been advised that the premises lie partially or entirely in the Flood Hazard Overlay District, and a signed copy of such signification shall be delivered to the Borough by the applicant.

Deed restriction. A deed restriction shall be created and placed on record to run as a covenant with the land, which restriction shall contain the following provision. "This lot is entirely (partially) within a flood hazard area as defined by Article VIII of the Borough of Edgeworth Zoning Ordinance."

Plans. Plans, in triplicate, drawn to scale, showing the nature, location, dimensions, and elevation of the lot and the existing and proposed uses, photographs showing the existing uses and vegetation, soil types and other pertinent information.

Cross sections. A series of cross sections at twenty-five-foot intervals along the lot shoreline showing the stream channel or lake or pond bottom and elevation of adjoining land areas to be occupied by the proposed uses and base flood elevation information. Cross sections shall be field-run topography based on a known United States Geological Survey benchmark.

Profile. A profile showing the slope of the bottom of the channel or pond.

Specifications. Specifications for building materials and construction, floodproofing, filling, dredging, grading, storage and water supply and sanitary facilities.

Computation. Computation of the increase, if any, in the height of the base flood which would be attributable to any proposed uses.

Experts. In considering any application for a special exception or variance, the Zoning Hearing Board may request at the hearing the testimony of the Council, Planning Commission, the Borough Engineer and other technical experts concerning the extent to which the proposed use would:

Notifications and documentations. The Zoning Hearing Board shall notify the applicant, in writing, that the issuance of a decision to allow construction or development below the base flood elevation will result in increased premium rates for flood insurance and that such construction below the base flood elevation increases risks to life and property. Such notification shall be maintained with a record of all decisions as herein required. The Zoning Hearing Board shall also maintain a record of all decisions, including justification for their issuance and report such decisions issued in its annual report submitted to the Federal Insurance Administration. The elevation of the proposed lowest floor of any structure approved by the Zoning Hearing Board shall be indicated on the application for a building permit.

Clear cutting of trees, as defined in this chapter, or the clearing of vegetation, except where such clearing is necessary for construction permitted as a result of action by the Zoning Hearing Board, as a reforestation measure or as a means to eliminate dead, diseased or hazardous tree stands. When a clear cutting operation is deemed permissible for one of the above reasons, it shall be consistent with the term of a woodland management plan approved by the Council. Under no circumstances shall a clear cutting operation be conducted within 25 feet of a stream.

Sod farming.

Storage of any material which, if inundated, would float.

Storage of flammable or toxic material or any other material which, if inundated, would degrade or pollute the water or cause damage if swept downstream.

Installation of maintenance of on-site sewage disposal systems and wells.

The construction, enlargement or expansion of mobile homes, mobile home parks and mobile home subdivisions.

Junkyards.

Alteration or relocation of any watercourse, unless and until the applicant has notified the governing bodies of adjacent municipalities and the Pennsylvania Department of Community and Economic Development, with copies of such notices being sent to the Federal Insurance Administrator, and has demonstrated to the satisfaction of the Borough Engineer that the flood-carrying capacity of the watercourse as altered or relocated is maintained at a level equal to or better than the existing flood-carrying capacity. This requirement shall be in addition to the requirements of the Pennsylvania Department of Environmental Protection pertaining to such alteration or relocation.

The construction, enlargement or expansion of hospitals, public or private.

The construction, enlargement or expansion of nursing homes, public or private.

The construction, enlargement or expansion of jails and prisons.

The construction, enlargement or expansion of any structure which would be used for the production, storage or maintenance of a supply of the following toxic chemicals which are dangerous to human life:

Any development which would result in an increase in the base flood level.