Milford City Zoning Code
ARTICLE IV
District Regulations
§ 312-12 Designation of districts.
A.
Designation. For the purposes of this chapter, the Borough of Milford is hereby divided into the following zoning districts:
R | Residential | |
|---|---|---|
LC | Limited Commercial | |
C | Commercial |
B.
Intent. The intent of each District and the uses permitted in each District are set forth on the District Schedule of Uses contained in this chapter or in the specific sections establishing any overlay district. Bulk and density standards for each District are set forth on the Schedule of Development Standards contained in this chapter.[1]
[1]
Editor's Note: The Schedule of Uses and Schedule of Development Standards are included as attachments to this chapter.
C.
Floodplain Overlay District. The Floodplain Overlay District is hereby created to be coterminous with the areas which are subject to the one-hundred-year flood, as identified in the most current Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency. In addition to all other applicable standards of this chapter, the floodplain regulations in the Borough's Floodplain Ordinance[2] shall apply in the Floodplain Overlay District. The identified floodplain area may be modified only in accord with the requirements of the Borough's Floodplain Ordinance and the Federal Emergency Management Agency.
D.
Historic Overlay District. The Historic Overlay District is hereby created to be coterminous with the areas which are subject to the Milford Borough Historic District Ordinance, Ord. No. 324 of December 6, 1999, as amended,[3] which area includes the entirety of the LC District and the entirety of the C District. In addition to all of the applicable provisions of this chapter, the requirements of the Historic District chapter shall apply.
§ 312-13 Official Zoning Map.
The location and boundaries of said Districts are hereby established as shown on the Official Zoning Map of the Borough of Milford, which is hereby adopted by reference and declared to be a part of this chapter together with all amendments thereto. The Official Zoning Map shall be identified by the signature of the President of the Borough Council, attested to by the Borough Secretary, and shall bear the adoption date of this chapter and the seal of the Borough under the following words: This is to certify that this is the Official Zoning Map of the Borough of Milford. The copy of the Official Zoning Map maintained by the Borough in the Borough Office shall be the final authority on all zoning district boundaries.
§ 312-14 District boundaries.
A.
Establishment. District boundary lines are intended to follow or be parallel to the center line of streets, streams and railroads, and lot or property lines as they exist on a recorded deed or plan of record in the Pike County Recorder of Deeds Office and on the Pike County Tax Maps at the time of the enactment of this chapter, unless such district boundary lines are fixed by dimensions or otherwise as shown on the Official Zoning Map.
B.
Interpretation. Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines, or highway right-of-way lines, such center lines, street lines, or highway right-of-way lines shall be construed to be such boundaries. Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries. Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map.
C.
Uncertainty. In the event of uncertainty as to the true location of a district boundary line in a particular instance, the Zoning Officer is authorized to determine the correct district boundary in accord with the guidelines of this chapter. Any decision of the Zoning Officer may be appealed to the Zoning Hearing Board.
D.
Annexation. Until otherwise classified, all territory that may hereafter be annexed to the Borough shall be considered to be zoned in the same manner as the territory inside the previous Borough limits that is contiguous to it. If such annexed territory abuts more than one zoning district, the Borough Council shall determine an appropriate point of division.
§ 312-15 District regulations.
District regulations are of two types, use regulations and development standards, which shall apply to any proposed new use, expansion of an existing use or change of use of any land or structure.
A.
Use regulations. District use regulations are provided in the following Schedule of Uses.[1]
(1)
Principal permitted uses and accessory uses. Permits for principal permitted uses and accessory uses shall be issued by the Zoning Officer, provided such uses comply with the standards in this chapter.
(2)
Conditional uses and special exceptions. Conditional uses and special exceptions are permitted uses which require individual consideration because of their special characteristics and are referred to the Planning Commission for review and preparation of a recommendation to the Borough Council and Zoning Hearing Board, respectively. Following a public hearing, and based on its determination that the proposed use meets the standards of this chapter, the Borough Council for conditional uses and the Zoning Hearing Board for special exceptions may approve the issuance of a zoning permit by the Zoning Officer.
(3)
Listed uses permitted. No land and no structure in a particular zoning district shall be used for any use which is not specifically listed on the Schedule of Uses for that particular district, and only in accord with all other requirements of this chapter. In other words, any use not specifically permitted by this chapter within a zoning district shall be deemed to be prohibited within that zoning district. If a use which could be included in a more general use is listed as a separate use in any District Schedule of Uses, such use shall be permitted only in the district where it is specifically listed.
(4)
Other standards. Larger lot sizes, greater setbacks, buffers and other more restrictive standards may be required by other provisions of this chapter.
[1]
Editor's Note: The Schedule of Uses is included as an attachment to this chapter.
B.
Uses not specified in Schedule of Uses.
(1)
Jurisdiction. Whenever a use is neither specifically permitted nor specifically denied in any zoning district established under this chapter and an application is made to the Zoning Officer for such use, the application shall be submitted to the Zoning Hearing Board which shall have the authority to permit the use or deny the use as a special exception.
(2)
Findings. The use may be permitted only if the Zoning Hearing Board makes all of the following findings, and the burden of proof shall be upon the applicant:
(3)
Planning Commission review. At the time the application is submitted to the Zoning Hearing Board, the Zoning Officer shall also provide a copy to the Planning Commission for its recommendation. The Zoning Hearing Board shall not conduct a public hearing on the application until the comments from the Planning Commission are received or 30 days have passed from the time the application was referred to the Planning Commission.
(4)
Conditions. The Zoning Hearing Board may attach reasonable conditions and safeguards to any special exception approval granted for a use not specified in the Schedule of Uses, incorporating standards in this chapter for similar uses in the district and such other conditions as the Zoning Hearing Board may deem necessary to protect and promote the public health, safety, and welfare and to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code.
C.
Development standards. The Schedule of Development Standards establishes minimum standards for lot area; lot depth, average lot width and front, side and rear yards; and establishes maximum standards for building height and lot coverage. The standards also establish specific standards and criteria that apply to the use as may be appropriate to protect the public health, safety and welfare. Larger lot sizes, increased setbacks and other more restrictive standards may be required in accord with other chapter sections.[2]
[2]
Editor's Note: The Schedule of Development Standards is included as an attachment to this chapter.
§ 312-16 General performance requirements.
A.
No use shall be permitted in any district if it is to be operated in such a manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactivity, environmental or other hazard; noise or vibration; smoke, dust, dirt or other form of air, persistent odor, solid waste or water pollution; electrical, glare, or other disturbance which will adversely affect the surrounding area or premises, or be dangerous to public health and safety.
B.
All uses shall be developed in a manner consistent with the preservation of the quality of the existing environment and of any natural amenities present on the site. Such uses shall provide for the preservation and the minimum destruction of natural drainage areas, minimum grading and destruction of the ground surface, the preservation of substantial stands of trees and forested areas, the preservation of attractive views and any other natural features existing on the site.
C.
Any principal use on any lot in any district shall be carried on entirely within a completely enclosed permanent building that meets the minimum standards of this chapter; provided, however, that commercial parking lots, car washes, and businesses that have a permit for the outdoor display of merchandise may carry on such use outside of an enclosed permanent building if the business is primarily housed within a completely enclosed permanent structure on the same lot. In the event that such business leases a portion of a completely enclosed permanent building on the same lot in order to comply with this section, that portion of the building leased by it must be for its exclusive use and the lease portion shall meet the minimum size requirements set forth in the Schedule of Development Standards.
§ 312-17 Conditional uses and special exceptions.
A.
Applications. Applications for conditional uses and special exceptions shall, at a minimum, include the information required in Subsection F of this section. In addition, the Borough Planning Commission, Council, or the Zoning Hearing Board shall require any other information deemed necessary.
B.
Conditional uses. Uses specified as conditional uses shall be permitted only after review and approval by the Council pursuant to the express standards as provided for specific conditional uses in this chapter, in Subsection D of this section, and any other applicable standards in this chapter.
(1)
Expansions. Expansions or additions to uses classified as conditional uses shall also be considered conditional uses. The addition of an accessory structure shall not be considered a conditional use.
(2)
Procedure.
(a)
Submission. The applicant shall submit five complete sets of any required plans and information to the Zoning Officer. The Zoning Officer shall refuse to accept an application which does not provide sufficient information to determine compliance with this chapter.
(b)
Distribution. The Zoning Officer shall distribute copies of the site plan to the Planning Commission and the Council. A minimum of one copy shall be retained in the Borough files. The Fire Company shall be given an opportunity for a review, if deemed appropriate by the Planning Commission.
(c)
Zoning Officer review. The Zoning Officer shall report, in writing or in person, to the Planning Commission or the Council stating whether the application complies with this chapter. The Zoning Officer may recommend a review by the Borough Engineer.
(d)
Planning Commission review.
[1]
The Planning Commission shall be provided with an opportunity to review any proposed conditional use. The Commission, at its option, may provide a written advisory review.
[2]
If such review is not received by the Council within the time limit within which the Council must issue its decision, or within 30 days of such application being sent to the Planning Commission, then the Council may make its decision without having received comments from the Planning Commission.
(e)
Council action. The Council shall conduct hearings and make decisions in accordance with § 10908 and § 10913.2 of the MPC. In granting a conditional use, the Council may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it determines are necessary to implement the purposes of the MPC and this chapter, and to protect the public health, safety, and welfare.
(f)
Notice. In addition to the notice and posting requirements of the MPC, notice of all conditional use hearings shall be mailed to the owners of all properties contiguous to the parcel which is the subject of the hearing not less than 14 calendar days prior to the hearing. Such notice shall be by U.S. Mail to the last known address of the contiguous owners as listed in Pike County tax assessment records.
C.
Special exceptions. Uses specified as special exceptions shall be permitted only after review and approval by the Borough Zoning Hearing Board pursuant to the express standards and criteria as provided for specific special exceptions in this chapter and in Subsection D of this section.
(1)
Expansions. Expansions or additions to uses classified as special exceptions shall also be considered special exceptions. The addition of an accessory structure shall not be considered a special exception.
(2)
Procedure.
(a)
All applicants for a special exception use shall submit five sets of plans for the proposed use to the Zoning Officer together with a written application.
(c)
Borough procedures.
[1]
The Zoning Officer shall forward the application to the Zoning Hearing Board, the Planning Commission, and the Zoning Hearing Board's solicitor. A minimum of one copy shall be retained in the Borough files.
[2]
The Zoning Officer shall, prior to the Zoning Hearing Board meeting at which the application will be discussed, review the application to determine compliance with this chapter and report these findings to the Zoning Hearing Board.
(d)
Zoning hearing board action on special exception uses.
[1]
The Board shall hear and decide a request for a special exception use under the procedures in Article X and § 10908 of the MPC.
[2]
In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it determines are necessary to implement the purposes of the MPC and this chapter, and to protect the public health, safety, and welfare.
D.
Standards and criteria.
(1)
The standards and criteria applied to conditional uses and special exceptions are intended to ensure that the proposed use will be in harmony with the purposes, goals, objectives and standards of this chapter and other ordinances of the Borough. In addition to the applicable general provisions of this chapter and to the standards and criteria provided in this chapter for specific conditional uses and specific special exceptions, the following standards and criteria shall be applied in the review of applications for conditional uses and special exceptions:
(a)
The proposed use shall be in harmony with the purposes, goals, objectives and standards of the Borough's Comprehensive Plan, this chapter, and all other ordinances of the Borough.
(b)
The proposed use shall also be evaluated as to the degree to which the proposed location may be particularly suitable or unsuitable for the proposed use in terms of the physical characteristics of the site.
(c)
The proposed use at the proposed location shall not result in a substantial or undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, public improvements, public sites or rights-of-way, adjacent property values, or other matters affecting the public health, safety, and general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of this chapter, or any other plan, program, map or ordinance of the Borough or other government agency having jurisdiction to guide growth and development.
(d)
The proposed use shall not impose an undue burden on any of the improvements, facilities, utilities, and services of the Borough, whether such services are provided by the Borough or some other entity. The applicant shall be wholly responsible for providing such improvements, facilities, utilities, and services as may be required to adequately serve the proposed use when the same are not available or are inadequate to serve the proposed use in the proposed location. As part of the application and as a condition of approval of the proposed use, the applicant shall be responsible for establishing ability, willingness, and binding commitment to provide such improvements, facilities, utilities, and services in sufficient time and in a manner consistent with this and other ordinances of the Borough. The permit approval shall be so conditioned.
(e)
The following additional factors shall be considered:
[1]
Location, arrangement, size, design and general site compatibility of buildings, lighting, and signs.
[2]
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers, and traffic controls.
[3]
Location, arrangement, appearance and sufficiency of off-street parking and loading.
[4]
Adequacy and arrangement of pedestrian traffic, access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
[5]
Adequacy of stormwater and drainage facilities.
[6]
Adequacy of water supply and sewage disposal facilities.
[7]
Adequacy, type and arrangement of trees, shrubs, and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.
[8]
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
[9]
Special attention to the adequacy and impact of structures, roadways, and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
(f)
No application shall be approved unless it is found that, in addition to complying with all of the standards and criteria enumerated above, all of the applicable standards contained in this chapter shall be met. In instances where the supplemental standards contained herein do not adequately protect the general health, safety, and welfare of parties affected, all conditions and safeguards deemed necessary by the Council or Zoning Hearing Board to protect the general health, safety, and welfare as well as to implement the purposes of this chapter and the MPC shall be imposed as conditions of approval in accord with § 10912.1 or § 10913.2 of the MPC, as the case may be. Conditions which may be imposed can include, but not be limited to, provisions for additional parking, traffic control, landscaping, setbacks, special measures addressing sales period activities, environmental controls and other measures which mitigate any potential adverse impact the use may have on adjoining uses.
(2)
The applicant shall supply evidence regarding compliance with the express standards and criteria contained herein; and data or evidence may be accepted from protestants. Such evidence shall be evaluated relative to the injurious impact on the public health, safety, and welfare; and, the proposed use shall be approved with appropriate conditions or denied based on said evaluation.
E.
Limitation of approval. Any conditional use approval granted by the Council and any special exception approval granted by the Zoning Hearing Board shall expire one year from the date such approval was granted if no building construction as approved has taken place or the use is not otherwise established as a functional and constructive activity prior to the expiration date. Upon such expiration, the said approval, and any permit issued subsequent thereto, shall be deemed null and void and the developer shall be required to submit another application for the same. The Council or Zoning Hearing Board, as the case may be, may grant an extension of the time limitations for good cause.
F.
Information required. The applicant shall supply the information required by Article X of this chapter and evidence regarding compliance with the express standards and criteria contained herein, and data or evidence may be accepted from protestants. Such evidence shall be evaluated relative to the injurious impact on the public health, safety, and welfare, and the proposed use shall be approved with appropriate conditions or denied based on said evaluation.
§ 312-18 Floodplain regulations.
A.
Liability.
(1)
Warning. 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 identified floodplain districts, or that land uses permitted within such districts, will be free from flooding or flood damages.
(2)
Disclaimer of liability. 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 the General Floodplain District (FA).
(1)
Identification of floodplain area. The identified floodplain area is any area of the municipality subject to inundation by a one-hundred-year flood that is identified as a special flood hazard area on the Flood Hazard Boundary Map (FHBM) dated June 4, 1976, or the most recent revision thereto, or, after it becomes effective, the Flood Insurance Rate Map (FIRM) dated October 6, 2000, or the most recent revision thereto, as issued by the Federal Emergency Management Agency (FEMA).
(2)
Overlay concept.
(a)
The General Floodplain District shall be considered an overlay to the existing underlying districts as shown on the Official Zoning Ordinance Map, and, as such, the provisions for the General Floodplain District shall serve as a supplement to the underlying district provisions.
(b)
Where there happens to be any conflict between the provisions or requirements of the General Floodplain District and those of any underlying district, the more restrictive provisions shall apply.
(3)
Zoning Map. The boundaries of the General Floodplain District (FA) are established as shown on the Official Zoning Map of the Borough which is declared to be a part of this chapter and which shall be kept at the Borough office.
(4)
Description of floodplain areas.
(a)
The identified floodplain area shall consist of the following specified areas:
[1]
FW (Floodway Area). The areas identified as "floodway" in the AE Zone in the Flood Insurance Study prepared by the FEMA. The term shall also include floodway areas which have been identified in the other available studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study.
[2]
FF (Flood-Fringe Area). The remaining portions of the one-hundred-year floodplain in those areas identified as an AE Zone in the Flood Insurance Study, where a floodway has been delineated. The basis for the outermost boundary of this area shall be the one-hundred-year flood elevations as shown in the flood profiles contained in the Flood Insurance Study.
[3]
FE (Special Floodplain Area). The areas identified as Zone AE in the Flood Insurance Study, where one-hundred-year flood elevations have been provided, but no floodway has been delineated.
[4]
FA (General Floodplain Area). The areas identified as Zone A in the FIS for which no one-hundred-year flood elevations have been provided. When available, information from other federal, state, and other acceptable sources shall be used to determine the one-hundred-year elevation, as well as a floodway area, if possible. When no other information is available, the one-hundred-year elevation shall be determined by using a point on the boundary of the identified floodplain area, which is nearest the construction site in question.
(b)
In lieu of the above, the municipality may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. 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 municipality.
(5)
Changes in identification of district. The General Floodplain District may be revised or modified by an amendment to the Official Zoning Map where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change, approval must be obtained from the Federal Insurance Administration (FIA).
C.
Administration.
(1)
Issuance of building permit.
(a)
The Zoning Officer shall issue a permit only after it has been determined that the proposed work to be undertaken will be in conformity with the requirements of this and all other applicable codes and ordinances.
(b)
Prior to the issuance of a permit, the Zoning Officer shall review the application for permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[1] the U.S. Clean Water Act, § 404, 33 U.S.C. 1344. No permit shall be issued until this determination has been made.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq., 32 P.S. § 693.1 et seq., and 35 P.S. § 691.1 et seq., respectively.
(c)
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, Bureau of Dams and Waterway Management. In addition, the Federal Insurance Administrator and Pennsylvania Department of Community and Economic Development, Bureau of Community Planning, shall be notified by the Borough prior to any alteration or relocation of any watercourse.
(2)
Application procedures.
(a)
If any proposed construction or development is located entirely or partially within any Floodplain District, applicants for permits shall provide all the necessary information in sufficient detail and clarity to enable the Zoning Officer to determine that:
[1]
All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances;
[2]
All utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage; and
[3]
Adequate drainage is provided so as to reduce exposure to flood hazards. Applicants shall file the following minimum information plus any other pertinent information (e.g., any or all of the technical information contained in Subsection C(2)(b) as may be required by the Zoning Officer to make the above determination:
[a]
A completed permit application form.
[b]
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:
[i]
North arrow, scale, and date;
[ii]
Topographic contour lines, if available;
[iii]
All property and lot lines, including dimensions and the size of the site expressed in acres or square feet;
[iv]
The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and land development;
[v]
The location of all existing streets, drives and other accessways; and
[vi]
The location of any existing bodies of water or watercourses, identified floodplain areas, and, if available, information pertaining to the floodway, and the flow of water, including direction and velocities.
[c]
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:
[i]
The proposed lowest floor elevation of any proposed building based upon National Geodetic Vertical Datum of 1929;
[ii]
The elevation of the one-hundred-year flood;
[iii]
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one-hundred-year flood; and
[iv]
Detailed information concerning any proposed floodproofing measures.
[d]
The following data and documentation:
[i]
A document, certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the one-hundred-year flood elevations, pressures, velocities, impact and uplift forces associated with the one-hundred-year flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or the development;
[ii]
Detailed information needed to determine compliance with Subsection D(2)(f), Storage, and Subsection E(1), Development which may endanger human life, including:
[A]
The amount, location and purpose of any dangerous materials or substances, which are intended to be used, produced, stored or otherwise maintained on site;
[iii]
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development";
[iv]
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.
(b)
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 District 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, the elevation of the lowest floor (including the 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 possible exist or be located on the site below the one-hundred-year flood elevation and the effects such materials and 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.
(3)
Review of application by others. A copy of all plans and applications for any proposed construction or development in any Floodplain District to be considered for approval may be submitted by the Zoning Officer to any other appropriate agencies and/or individuals (e.g., planning commission, municipal engineer, etc.) for review and comment.
D.
General technical requirements.
(1)
General.
(a)
Within any Floodplain District, the elevation of the lowest floor (including the basement) of any new or substantially improved residential structure shall be 1 1/2 feet or more above the one-hundred-year flood elevation.
(b)
Within any Floodplain District, the elevation of the lowest floor (including the basement) of any new or substantially improved nonresidential structure shall be 1 1/2 feet or more above the one-hundred-year flood elevation or be floodproofed up to that height. Any structure, or part thereof, which will not be completely or adequately elevated, shall be floodproofed in accordance with the provisions of this article. Additional information may be obtained from the publication entitled "Floodproofing Regulations" (United States Army Corps of Engineers, June 1972, as amended March 1992).
(c)
Within any floodway area, no new construction or development shall be permitted that would cause any increase in the one-hundred-year flood elevation.
(d)
Enclosed areas below the lowest floor (including the basement) are prohibited.
(2)
Design and construction standards. The following minimum standards shall apply for all construction and development proposed within any Floodplain District:
(a)
Fill. If fill is used, it shall:
[1]
Extend laterally at least 15 feet beyond the building line from all points;
[2]
Consist of soil or small rock materials only; sanitary landfills shall not be permitted;
[3]
Be compacted to provide the necessary permeability and resistance to erosion, scouring or settling;
[4]
Be no steeper than one vertical to two horizontal, unless substantiated data, justifying steeper slopes are submitted to, and approved by the Zoning Officer; and
[5]
Be used to the extent to which it does not adversely affect adjacent properties.
(b)
Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure proper drainage 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.
(c)
Water and sanitary sewer facilities and systems.
[1]
All new or replacement water and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.
[2]
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
[3]
No part of any on-site sewage system shall be located within any Floodplain District except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.
(d)
Other utilities. All other utilities such as gas lines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
(e)
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
(f)
Storage. All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal, or plant life, and not listed in Subsection E(1), Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
(g)
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 upon the flow and height of floodwater.
(h)
Anchoring.
[1]
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse or lateral movement.
[2]
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.
(i)
Floors, walls and ceilings.
[1]
Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain without causing structural damage to the building.
[2]
Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
[3]
Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are water-resistant and will withstand inundation.
[4]
Windows, doors and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.
(j)
Paints and adhesives.
[1]
Paints or other finishes used at or below the regulatory flood elevation shall be of marine or water resistant quality.
[2]
Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
[3]
All wooden components (doors, trim, cabinets, etc.) shall be finished with a marine or water-resistant paint or other finishing material.
(l)
Equipment. Water heaters, furnaces, air conditioning and ventilating units, and other mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.
(m)
Fuel supply systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
E.
Special provisions for certain kinds of development within Floodplain Districts.
(1)
Development which may endanger human life.
(a)
In accordance with the Pennsylvania Flood Plain Management Act,[3] 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 which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume or any amount of radioactive substances) of any of the following dangerous materials or substances on the premises, shall be subject to the provisions of this section, in addition to all other applicable provisions:
[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.
[3]
Editor's Note: See the Pennsylvania Flood Plain Management Act, § 679.302.
(b)
Where permitted within any Floodplain District, any new or substantially improved structure of the kind described in Subsection E(1)(a), above, shall be:
[1]
Elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the one-hundred-year flood; and
[2]
Designed to prevent pollution from the structure or activity during the course of a one-hundred-year flood. Any such 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 "Floodproofing Regulations" (United States Army Corps of Engineers June, 1972, as amended march 1992), or with some other equivalent watertight standard.
(2)
Special requirements for manufactured homes. Where permitted within any identified floodplain area, all manufactured homes and additions thereto shall be:
(3)
Activities requiring special permits.
(a)
In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Floodplain Management Act (Act 1978-166),[4] the following obstructions and activities are prohibited if located entirely or partially within a Floodplain District unless a special permit is issued: hospitals (public or private); nursing homes (public or private); jails or prisons; new mobile home parks and mobile home subdivisions, and substantial improvements to existing mobile home parks. Upon receipt of an application for a special permit by the Borough, the following procedures shall apply in addition to those in Subsection C of this section:
[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 Borough Planning Commission and Borough Engineer for review and comment.
[2]
If an application is received that is incomplete, the Borough shall notify the applicant in writing stating in what respects the application is deficient.
[3]
If the Borough decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.
[4]
If the Borough 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 or certified mail, within five working days after the date of approval.
[5]
Before issuing the special permit, the Borough shall allow the Department of Community and Economic Development 30 days, after the receipt of the notification by the Department, to review the application and decision made by the Borough.
[6]
If the Borough 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 Borough and the applicant, in writing, of the reasons for the disapproval, and the Borough shall not issue the special permit.
[4]
Editor's Note: See the Pennsylvania Flood Plain Management Act, § 679.302.
(b)
Special technical requirements.
[1]
In addition the requirements of Subsection D of this section, the following minimum requirements shall apply to any proposed development requiring a special permit. If there is any conflict between any of the following requirements and those in Subsection D of this section or in any other code, ordinance or regulation the more restrictive provision shall apply.
[2]
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:
[i]
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.
[ii]
The lowest floor elevation will be at least 1 1/2 feet above the one-hundred-year flood elevation.
[iii]
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. 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.
F.
Existing structures in floodplain. Structures existing in any Floodplain District prior to the enactment of this chapter may continue to remain, provided that:
(1)
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 constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this chapter.
(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)
No expansion or enlargement of an existing structure shall be allowed within the floodplain area that would cause any increase in the elevation of the one-hundred-year flood.
G.
Variances within Floodplain Districts.
(1)
General. If compliance with any of the requirements of this chapter would result in an exceptional hardship for a prospective builder, developer, or landowner, the Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements.
(2)
Variance procedures and requirements. In addition to all other provisions and restrictions found elsewhere in the Zoning Ordinance, the following shall apply to new construction or development located partially or entirely within any floodplain.
(a)
Except for a possible modification of the freeboard requirements involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by Subsection E(3), Activities requiring special permits, or Subsection E(1), Development which may endanger human life.
(b)
If granted, a variance shall involve only the least modification necessary to provide relief.
(c)
In granting any variance, the Zoning Hearing Board shall 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.
(e)
In reviewing any request for a variance, 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 an unacceptable or prohibited increase in flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on, or victimization of the public or conflict with any other applicable local or state ordinance and regulations.
(f)
A complete record of all variance requests and related actions shall be maintained by the Zoning Hearing Board. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.
(g)
No variance shall be granted for any construction, development use, or activity within any floodway area that would cause any increase in question in the one-hundred-year flood elevation. 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.
H.
Definitions.
(1)
General. Unless specifically defined below, words and phrases used in this chapter shall be interpreted so as to give this chapter its most reasonable application.
(2) BASEMENT CONSTRUCTION DEVELOPMENT FLOOD FLOODPROOFING HISTORIC STRUCTURE(a) (b) (c) (d) LOWEST FLOOR MANUFACTURED HOME MANUFACTURED HOME PARK MINOR REPAIR MOBILE HOME MOBILE HOME PARK NEW CONSTRUCTION OBSTRUCTION ONE-HUNDRED-YEAR FLOOD RECREATIONAL VEHICLE(a) (b) (c) (d) REGULATORY FLOOD ELEVATION SPECIAL PERMIT SUBDIVISION SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT(a) (b)
Specific definitions. The following definitions pertain specifically to the floodplain regulations and shall supersede definitions found elsewhere in the Zoning Ordinance:
A story partly underground, but having at least 1/2 of its height above the average level of the street abutting the front of the lot, or above the average finished grade level of the ground immediately adjacent to the building or any area of the building having its floor below ground level on all sides.
The construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building or structure, including the placement of mobile homes.
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, or storage of equipment or materials, and the subdivision of land, when the subdivision involves floodplain area of the Borough of Milford.
A temporary inundation of normally dry land areas.
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
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 the 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 enclosed area (including the basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area is not considered a buildings lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term includes park trailers, travel trailers, recreational, and other similar vehicles placed on a site for more than 180 consecutive days.
A parcel (or contiguous parcels) of land, which has been planned and improved for placement of two or more manufactured homes.
The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements, nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
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 complete 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 does not include recreational vehicles or travel trailers.
A parcel of land under single ownership, which has been planned and improved for the placement of two or more mobile homes for nontransient use.
Structures for which the start of construction commenced on or after February 2, 1981, and includes any subsequent improvements thereto.
Any wall, dam, wharf, embankment, levee, dike, pile abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or flood-prone area, which may impede, retard or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water or is placed where the flow of the water might carry the same downstream to the damage of life and property.
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;
Four hundred square feet or less when measured at the largest horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
The one-hundred-year flood elevation plus a freeboard safety factor of 1 1/2 feet.
A special approval which is required for hospitals, nursing homes, jails and new mobile home parks and substantial improvements to such existing parks, when such development is located in all, or a designated portion of a floodplain.
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development. The division of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access, shall be exempted.
Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damage 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 ensure safe living conditions, or;
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.