Mckees Rocks City Zoning Code
ARTICLE VI
Floodplain Regulations
§ 675-21 Purpose.
A.
Declaration of legislative intent. 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 flood damage.
(4)
Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.
§ 675-22 Applicability.
These provisions shall apply to all lands within the jurisdiction of McKees Rocks Borough and shown on the Official Zoning Map addendum as being located within the boundaries of the Floodway and Floodway Fringe Districts.
§ 675-23 Interpretation of district boundaries.
A.
Where interpretation is needed concerning the exact location of any boundary of the Floodplain or Floodway Fringe District, the Zoning Hearing Board shall make the necessary determination.
B.
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.
§ 675-24 Compliance.
[Amended 4-8-1986 by Ord. No. 1462]
No structure or land shall hereafter be used or developed 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.
§ 675-25 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 of McKees Rocks or any officer or employee thereof for any flood damages that result from reliance on this chapter and any administrative decision lawfully made thereunder.
§ 675-26 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, the placement of mobile homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations and the subdivision of land.
[Added 4-8-1986 by Ord. No. 1462]
A flood that, on the average, is likely to occur once every 500 years. Determination thereof shall be as fixed by the United States Department of Housing and Urban Development, Federal Insurance and Mitigation Administration.
A temporary inundation of normally dry land areas.
A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation, or an area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
The Floodway District, or the Floodway Fringe District.
The channel of any stream or watercourse, plus any adjacent floodplain areas, that must be kept free of encroachment in order that the one-hundred-year flood be carried without increases in water-surface elevations of the one-hundred-year flood in excess of 1.0 feet, provided that hazardous velocities are not produced.
The zoning district described as the "Floodway District" on the Official Zoning Map Addendum, the term "floodway" as used herein being as defined in the "floodway" definition hereof.
The area between the floodway and the boundary of the one-hundred-year flood.
The zoning district described as the "Floodway Fringe" District on the Official Zoning Map Addendum, the term "floodway fringe" as used herein being as defined in the "floodway fringe" definition hereof.
The Flood Boundary and Floodway Map, Panel OIF, Exhibit 2, as prepared for the Borough of McKees Rocks, Allegheny County, Pennsylvania, Community No. 420052, by the United States Department of Housing and Urban Development, Federal Insurance and Mitigation Administration.
A flood that, on the average, is likely to occur once every 100 years. Determination thereof shall be as fixed by the United States Department of Housing and Urban Development, Federal Insurance and Mitigation Administration.
The one-hundred-year flood.
The one-hundred-year flood elevation.
§ 675-27 Establishment of Zoning Districts.
A.
Description of districts.
(1)
The Floodway and Floodway Fringe Districts shall be one-hundred-year flood (Regulatory Flood) as delineated by the Type 15 Flood Insurance Study of the Borough of McKees Rocks prepared by the United States Department of Housing and Urban Development, Federal Insurance and Mitigation Administration. The basis for the delineation of these districts shall be as shown on the Official Zoning Map Addendum.
(2)
The Floodway and Floodway Fringe Districts shall be overlays to the existing underlying districts as shown on the Official Zoning Ordinance Map, and as such, the provisions for these two districts shall serve as a supplement to the underlying district provisions. Where there happens to be any conflict between the provisions of requirements of either the Floodway or Floodway Fringe District and those of any underlying district the more restrictive provisions and/or those pertaining to the Floodway or Floodway Fringe District shall apply.
B.
Zoning Map. The boundaries of the two aforesaid floodplain districts are established as shown on the Official Zoning Map Addendum which is declared to be a part of this chapter and which is made a part of this chapter.
C.
District boundary changes. The delineation of either of the two aforesaid floodplain districts may be revised by the Borough of McKees Rocks where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency or individual show the need for such revision, subject to the review and approval of the Federal Insurance and Mitigation Administration.
§ 675-28 District provisions.
A.
Introduction.
(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 such as the Borough of McKees Rocks Building Code, and Chapter 585, Subdivision and Land Development, and after review of proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or State law.
(2)
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.
(3)
Prohibited development. The following kinds of development shall be prohibited anywhere within the floodplain area of the Borough of McKees Rocks:
[Added 4-8-1986 by Ord. No. 1462]
(a)
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 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 rodenticides)
[18]
Radioactive substances, insofar as such substances are not otherwise regulated.
(c)
The commencement of, or any construction of, a new mobile home park or mobile home subdivision, or substantial improvement to an existing mobile home park or mobile home subdivision.
B.
Floodway District. In the Floodway District no development shall be permitted except where the effect of such development on flood heights in fully offset by accompanying floodway stream improvements which have been approved by all appropriate local and/or state authorities.
(1)
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:
(a)
Outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting, grounds, golf courses, boat launching and swimming areas, hiking, nature preserves, fish hatcheries and fishing areas.
(b)
Residential uses such as yard areas, gardens, play areas, and pervious parking areas.
(c)
Industrial and commercial uses such as yard areas, pervious parking and loading areas, airport landing strips, etc.
(2)
Uses permitted by special exception. The following uses and activities may be permitted by special exception, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance:
(a)
Structures accessory to the uses and activities in § 675-28B(1) above.
(b)
Utilities and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipe lines, water and sewage treatment plants, and other similar or related uses.
(c)
Water-related uses and activities such as marinas, docks, wharves and piers.
(d)
Extraction of sand, gravel, and other materials.
(e)
Temporary uses such as circuses, carnivals, and similar activities.
(f)
Storage of materials and equipment provided that they are not buoyant, flammable or explosive, and are not subject to major damage by flooding, 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.
C.
Floodway Fringe District. In the Floodway 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, and as contained herein, and in § 675-29.
§ 675-29 Flood damage control regulations.
A.
Introduction. In order to prevent excessive damage to buildings and structures due to conditions of flooding, the following restrictions shall apply to all new construction occurring in all Floodplain District.
B.
Basements and first floors.
(1)
All new construction and substantial improvements of nonresidential structures shall have the lowest floor (including basement) elevated to 1.5 feet above the base blood level or, together with attendant utility and sanitary facilities, be designed so that below 1.5 feet above the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(2)
No basements shall be permitted in residential structures. Lowest floor levels in residential structures shall be constructed at or above an elevation of 1 1/2 feet above the regulatory flood elevation.
C.
Fill. If fill is used to raise the finished surface of the lowest floor 1 1/2 feet above the regulatory flood elevation:
(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 land fills shall not be permitted;
(3)
Fill material shall be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling;
(4)
Fill slopes shall be no steeper than one vertical on two horizontal, unless substantiating date, justifying steeper slopes are submitted to and approved by the Building Code Official/Code Enforcement Officer;
(5)
Fill shall be used only to the extent to which it does not adversely affect adjacent properties.
D.
Placement of buildings and structures. 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 effect upon the flow and height of floodwater.
E.
Anchoring.
(1)
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse or lateral movement, thus reducing the threat to life and property 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.
F.
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)
Plywood used at or below the first floor level shall be of any exterior or marine grade and of a water-resistant or waterproof variety.
(3)
Basement ceiling in nonresidential structures shall have sufficient wet strength and be so installed as to survive inundation.
(4)
Window frames, door frames, and door jambs used at or below the first floor level shall be made of metal.
G.
Electrical systems.
(1)
All electric water heaters, electric furnaces, electric air conditioning and ventilating systems, and other critical electrical installations shall be permitted only at elevations of one foot or more above the regulatory flood elevation.
(2)
No electrical distribution panels shall be allowed at an elevation less than three feet above the level of the regulatory flood elevation.
(3)
Separate electrical circuits shall serve lower levels and shall be dropped from above.
H.
Plumbing.
(1)
Water heaters, furnaces and other critical mechanical installations shall be permitted only at elevations of one foot or more above the regulatory flood elevation.
(2)
No part of any on-site sewage disposal system shall be constructed within the Floodway 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 and discharges from the systems into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwaters infiltration occurs.
I.
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 at or below the first floor level 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.
J.
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 one foot above the regulate flood elevation.
K.
Certificates. All plans for buildings and structures in any Floodplain District shall incorporate the recommendations of a registered architect certified engineer to provide for protection against predictable hazards shall contain a written statement from said architect or engineer certifying that said buildings and structures meet the specifications of this chapter. A registered professional engineer or architect shall certify that the floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood, and a record of such certificates indicating the specific elevation (in relation to mean sea level) to which such structures are proofed shall be maintained with the official designated by the community
§ 675-30 Special exceptions.
In passing upon applications for special exceptions, the Zoning Hearing Board shall consider all relevant factors specified in other sections of this chapter and:
A.
The danger to life and property due to increased flood heights or velocities caused by encroachments.
B.
The danger that materials may be swept on to other lands or downstream to the injury of others.
C.
The proposed water supply and sanitation systems and the ability of these systems to prevent diseases, contamination, and unsanitary conditions.
D.
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
E.
The importance of the services provided by the proposed facility to the community.
F.
The requirements of the facility for a waterfront location.
G.
The availability of alternative locations not subject to flooding for the proposed use.
H.
The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
I.
The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area.
J.
The safety of access to the property in times of flood of ordinary and emergency vehicles.
K.
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.
L.
Such other factors which are relevant to this article.
§ 675-31 Nonconformities.
A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions may be continued subject to the following conditions:
A.
Existing nonconformities (structures and/or uses) located in the 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 stream improvements).
B.
Any modification, alteration, repair reconstruction or improvement of any kind to a nonconformity (structure and/or use) located in the Floodplain District to an extent or amount of less than 50% of its value, shall be elevated and/or floodproofed to the greatest extent possible.
C.
The modification, alteration, repair, reconstruction or improvement of any kind to a nonconformity (structure and/or use) in any Floodplain District, to an extent or amount of 50% or more of its value shall be undertaken only in full compliance with the provisions of this and any other applicable ordinance.
D.
Uses or adjuncts thereof which are, or become, nuisances shall not be permitted to continue.
§ 675-32 Administration.
[Amended 4-8-1986 by Ord. No. 1462]
To insure that the aforementioned flood damage controls are being employed in all new construction and development within the Floodplain District, the Building Code Official/Code Enforcement Officer shall provide the applicant information concerning the location of the Floodplain District boundary relative to his proposed construction and the water surface elevation of the one-hundred-year flood at the proposed construction site.
A.
Plan requirements. The Building Code Official/Code Enforcement Officer shall require the following specific information to be included as part of an application for a building permit:
(1)
A plan which details size of structure, finished ground elevation, lowest floor elevation, hydrostatic flood load on walls and floors, condition of soil under and around foundation, types wall and floor construction, materials and finishes, power source and elevations, water supply, sanitary facilities and all floodproofing measures.
(2)
A document certified by a registered professional engineer or architect that the design of any proposed building or structure, and plans for the proposed development of the site comply with the provisions of this chapter and any other applicable ordinance.
B.
Review by the County Conservation District. A copy of all plans for proposed development in any Floodplain District shall be submitted by the applicant to the County Conservation District for review and comment at least 30 days prior to submission of any application to the Building Code Official/Code Enforcement Officer. The recommendations of the County Conservation District may be incorporated into the plan to provide for protection against predictable hazards.
C.
Miscellaneous.
(1)
The Borough shall notify, in riverine situations, adjacent communities and the State Coordinating Office prior to any alteration or relocation of a watercourse, and submit copies of such notifications to the administrator, and assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.
(2)
Variances from the terms of this chapter shall only be in accordance with the following criteria, which are in addition to those found in other ordinances:
(a)
Variances shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
(b)
Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the procedures of Section 1910.3(d)4 of the Regulations of the Federal Insurance and Mitigation Administration.
(c)
Variances shall only be issued upon:
[1]
A showing of good and sufficient cause;
[2]
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
[3]
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimize the public, or conflict with existing local laws or ordinance.
(d)
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard to afford relief.
(e)
The Borough shall notify the applicant, in writing, over the signature of the Zoning Board that: 1) the issuance of a variance to construct a structure below the base flood level will result in increase premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and 2) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions as required in Section 1910.3(d)4 of the Regulations of the Federal Insurance and Mitigation Administration.
(3)
With regard to mobile homes, the following shall apply:
(a)
All mobile homes shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that:
[1]
Over-the-top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations and mobile homes less than 50 feet long requiring one additional tie per side;
[2]
Frame ties be provided at each corner of the home with five additional ties per side at intermediate points and mobile homes less than 50 feet long requiring four additional ties per side;
[3]
All components of the anchoring system be capable of carrying of 4,800 pounds; and
[4]
Any additions to the mobile home be similarly anchored.
(b)
For new mobile home parks and mobile home subdivisions, for expansions to existing mobile home parks and mobile home subdivisions, and for existing mobile home parks and mobile home subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50% of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced, that: 1) stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level; 2) adequate surface drainage and access for a hauler are provided; and 3) in the instance of elevation on pilings, lots are large enough to permit steps, piling foundations are placed in stable soil no more than 10 feet apart, and reinforcement is provided for pilings more than six feet above the ground level, and for all mobile homes to be placed within the community, but not into a mobile home park or mobile home subdivision that: 1) stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level; 2) adequate surface drainage and access for a hauler are provided; and 3) in the instance of on pilings, lots are large enough to permit steps, piling are placed in soil no more than 10 feet apart, provided for piers more than six feet above ground.
(c)
The placement of any mobile homes, except in an existing mobile home park or mobile home subdivision, within the adopted regulatory floodway of the Federal Insurance and Mitigation Administration pursuant to Regulation 1910.D4 is prohibited.