South Strabane Township Washington County
City Zoning Code
City Zoning Code
ARTICLE XXII
Floodplain Overlay
§ 245-222 Purpose.
The FP Floodplain Overlay is established to protect designated floodplain areas in every zoning district that are subject to periodic inundation by overflow from streams situated in, or contiguous to, South Strabane Township. This overlay is intended to control floodplain uses and activities in every zoning district that, acting alone or in combination with other uses, will cause or contribute to loss and destruction of life and property during periods of flooding.
§ 245-223 Disclaimer of liability.
A.
The degree of flood protection sought by the provisions of this article is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This article does not imply that areas outside any identified floodplain area, or that land uses permitted within such areas, will be free from flooding or flood damages.
B.
This article shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.
§ 245-224 Definitions.
For the purpose of administering and meeting the requirements of the Floodplain Overlay, the words and phrases listed herewith shall be defined as follows. Words not specifically cited below shall be defined as indicated in Article II of this chapter or, if not listed therein, shall be interpreted so as to give this chapter its most reasonable application:
A space that will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
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.
A space that will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
A temporary inundation of normally dry land areas.
A relatively flat or low land area that is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse and/or an area subject to the unusual and rapid accumulation of surface waters from any source.
Any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
The floodplain area specifically identified in this chapter as being inundated by the one-hundred-year flood. Included would be areas identified as Floodway (FW), Flood-Fringe (FF) and General Floodplain (FA).
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.
Structures for which the start of construction commenced on or after the effective date of the floodplain management regulations of this chapter.
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 that 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 that 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 (for example, a flood that has a 1% chance of occurring each year, although the flood may occur in any year).
The one-hundred-year-flood elevation, plus a freeboard safety factor of 1 1/2 feet.
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of a wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications that are solely necessary to assure safe living conditions or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
§ 245-225 Specific requirements.
In addition to the administrative enforcement provisions specified under other sections of this chapter, the following additional provisions shall apply to any and all types of development undertaken within any Floodplain Overlay in the Township of South Strabane:
A.
Any construction, development or change to existing conditions of any type, whether involving structures or land features, is prohibited unless a zoning certificate has been obtained from the Zoning Officer.
B.
Prior to the issuance of any zoning certificate, the Zoning Officer shall review the application for the zoning certificate to determine if all other necessary governmental permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 537 of 1966, as amended[1]); the Dam Safety and Encroachments Act (Act 325 of 1978, as amended[2]); the United States Clean Water Act, Section 404, 33 U.S.C. § 1334; and the Pennsylvania Clean Streams Act (Act 394 of 1937, as amended[3]). No zoning certificate shall be issued until this determination has been made.
C.
No encroachment, alteration or improvement of any kind shall be made to any watercourse until all adjacent municipalities that may be affected by such action have been notified by South Strabane Township 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 Emergency Management Agency and the Pennsylvania Department of Community and Economic Development, Bureau of Community Planning, shall be notified by South Strabane Township prior to any alteration or relocation of any watercourse.
D.
The application for a zoning certificate shall include a plan of the site showing the exact size and location of the proposed activity for which the zoning certificate is being requested, as well as any existing buildings or structures of any type.
E.
For any proposed construction or development activity located entirely or partially within a Floodplain Overlay, applicants for zoning certificates 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 chapter 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.
F.
The following minimum information, plus any other pertinent data as may be required by the Zoning Officer, shall be filed by applicants for zoning certificates in Floodplain Overlays:
(1)
A plan of the entire site, clearly and legibly drawn at a scale of one inch equals 100 feet or less, showing the following:
(a)
North arrow, scale and date.
(b)
Topographic contour lines.
(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 and proposed buildings, structures and other improvements, including the location of any existing or proposed development of any type.
(e)
The location of all existing streets, drives and other accessways.
(f)
The location of any existing bodies of water or watercourses, identified floodplain areas, and information pertaining to the floodway and the flow of water, including direction and velocities, if available.
(2)
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale, showing the following:
(a)
The proposed lowest floor elevation of any proposed building, based upon the National Geodetic Vertical Datum of 1929.
(b)
The elevation of the one-hundred-year flood.
(c)
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one-hundred-year flood.
(d)
Detailed information concerning any proposed floodproofing measures.
(3)
The following data and documentation shall be submitted:
(a)
A document, certified by a registered professional engineer or registered architect, that 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 that have been incorporated into the design of the structure and/or the development.
(b)
Detailed information needed to determine compliance with § 245-234A and C of this chapter, including the amount, location and purpose of any materials or substances referred to in these sections that are intended to be used, produced, stored or otherwise maintained on site, and a description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in § 245-234A during a one-hundred-year flood.
(c)
The appropriate component of the Pennsylvania Department of Environmental Protection (PADEP) "Planning Module for Land Development."
(d)
Where any excavation or grading is proposed, a plan meeting the requirements of the Pennsylvania Department of Environmental Protection (PADEP) to implement and maintain erosion and sedimentation control.
G.
Additional data and documentation. The following additional data and documentation shall be included:
(1)
A statement, certified by a registered professional engineer, architect or landscape architect, that contains a complete and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be stored or located in any manner on the site below the one-hundred-year-flood elevation, and the effects such materials and debris may have on the one-hundred-year-flood elevations and flows.
(3)
An evacuation plan that fully explains the manner in which the site will be safely evacuated before or during the course of a one-hundred-year flood.
H.
Inspection and revocation.
(1)
During the construction or development period, the Zoning Officer shall inspect the premises to determine that the work is in compliance with the information provided on the zoning certificate application and with all other applicable laws and ordinances. In the discharge of these duties, the Zoning Officer shall have the authority to enter any building, structure, premises or development in the identified flood-prone area, upon presentation of proper credentials, at any reasonable hour.
(2)
The Zoning Officer shall revoke the zoning certificate if it is discovered that the work does not comply with the permit application.
(3)
A record of all such inspections and violations of this chapter shall be maintained by the Zoning Officer.
§ 245-226 Identification of floodplain areas.
A.
For the purposes of this chapter, the areas considered to be included in the Floodplain Overlay within South Strabane Township shall be all those areas identified as being subject to the one-hundred-year flood in the Flood Insurance Study prepared for the Township by the Federal Emergency Management Agency (FEMA), dated April 15, 1980.
B.
The maps showing all areas included in the Floodplain Overlay and considered to be subject to the one-hundred-year flood are available for inspection at the Township offices. For the purposes of this chapter, the following nomenclature is used in referring to the various kinds of floodplain areas:
(1)
FW (Floodway Area): the areas identified as "floodway" in the Flood Insurance Study prepared by the Federal Emergency Management Agency (FEMA).
(2)
FF (Flood-Fringe Area): the areas identified as "floodway fringe" in the Flood Insurance Study prepared by the Federal Emergency Management Agency (FEMA).
(3)
FA (General Floodplain Area): the areas identified as "approximate one-hundred-year floodplain" in the Flood Insurance Study prepared by the Federal Emergency Management Agency (FEMA).
C.
The FW (Floodway Area) is delineated, for purposes of this chapter, using the criteria that a certain area within the floodplain must be capable of carrying the waters of the one-hundred-year flood without increasing the water surface elevation of that flood more than one foot at any point. The sites included in this area are specifically defined in the Floodway Data Table contained in the above-referenced Flood Insurance Study and shown on the Flood Boundary and Floodway Map.
D.
The FF (Flood-Fringe Area) shall be that area of the one-hundred-year floodplain not included in the Floodway Area. The basis for the outermost boundary of this overlay shall be the one-hundred-year-flood elevations contained in the flood profiles of the above-referenced Flood Insurance Study and as shown on the Flood Boundary and Floodway Map.
§ 245-227 Modification or revision of floodplain areas.
A.
The areas considered to be floodplain may be revised or modified by the Township Supervisors where studies or information provided by a qualified agency or person documents the need or possibility for such revision.
B.
No modification or revision of any floodplain area identified in the Flood Insurance Study shall be made without prior approval from the Federal Emergency Management Agency (FEMA).
§ 245-228 Disputes; additional requirements; changes in elevation.
A.
Should a dispute arise concerning the identification of any floodplain area, an initial determination shall be made by the Planning Commission, and any party aggrieved by such decision may appeal to the Zoning Hearing Board. The burden of proof shall be on the appellant.
B.
The Zoning Hearing Board may require other sources of information, including hydrologic and hydraulic analysis to be undertaken. Such analysis shall be acceptable only if prepared by professional engineers, or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. All such material shall be submitted in sufficient detail to allow a thorough technical review by Township officials.
C.
Any changes in the elevation of the floodplain areas shall be subject to the review and approval of the Federal Insurance Administrator.
§ 245-229 Adoption of Flood Insurance Study and accompanying documents.
The Flood Insurance Study prepared for South Strabane Township by the Federal Emergency Management Agency, dated April 15, 1980, the accompanying Floodway Data Table, the Flood Boundary and Floodway Map, and the Flood Insurance Rate Map, together with amendments, map inserts, ordinances, notations, references or designations shown on said material, are hereby made a part of this chapter as if the same were fully described and set forth herein.
§ 245-230 Land use requirements.
A.
In the identified floodplain area, all uses of land and associated activities shall comply with the restrictions and requirements of this and all other applicable codes and ordinances of the Township that are in force.
B.
Uses permitted in zoning districts that are within designated Floodplain Overlay Areas that have a low flood damage potential and can demonstrate that they do not obstruct flood flows may be permitted. In addition, the following uses may be permitted, subject to all other applicable requirements of this chapter for the particular use or activity:
D.
No use shall adversely affect the capacity of the channels or floodways of any tributary to a main stream, drainage ditch or any other drainage facility or stream. Within the floodway, no development shall be permitted if the development would cause any increase in the one-hundred-year-flood elevation.
§ 245-231 Special requirements for FW and FA Areas.
A.
Any construction, development, uses or activities allowed within any identified floodplain shall be undertaken in strict compliance with the provisions contained in this chapter and any other applicable codes, ordinances and regulations.
B.
Within any FW (Floodway Area):
(1)
Any new construction, development, use, activity or encroachment that would cause any increase in flood heights shall be prohibited.
(2)
No new construction or development shall be allowed unless a permit is obtained from the Pennsylvania Department of Environmental Protection (PADEP), Bureau of Dams and Waterway Management.
C.
Within any FA (General Floodplain Area), no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless a permit is obtained from the Pennsylvania Department of Environmental Protection (PADEP), Bureau of Dams and Waterway Management.
§ 245-232 Elevation and floodproofing requirements.
A.
Residential structures. Within any Floodway Area (FW), Flood-Fringe Area (FF) or General Floodplain Area (FA), the lowest floor (including the basement) of any substantially improved residential structure shall be at least 1 1/2 feet above the one-hundred-year-flood elevation.
B.
Nonresidential structures.
(1)
Within any Floodway Area (FW), Flood-Fringe Area (FF) or General Floodplain Area (FA), the lowest floor (including the basement) of any new or substantially improved nonresidential structure shall be at least 1 1/2 feet above the one-hundred-year-flood elevation or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height.
(2)
Any structure, or part thereof, that will not be completely or adequately elevated shall be designed and constructed to be completely or essentially dry in accordance with the standards contained in the publication entitled "Flood-Proofing Regulations" (United States Army Corps of Engineers, June 1972), or some other equivalent standards for that type of construction.
§ 245-233 Design and construction standards.
The following standards shall apply for all construction and development proposed within any identified floodplain area:
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.
(5)
Be used to the extent to which it does not adversely affect adjacent properties.
B.
Drainage. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall insure 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 identified floodplain area 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 gaslines and 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 § 245-234A, 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 a marine or water-resistant quality.
(2)
Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant quality.
(3)
All wooden components (doors, trim, cabinets, etc.) used at or below the regulatory flood elevation 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 electrical, 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.
§ 245-234 Development dangerous to human life.
A.
In order to control development that may endanger human life, and in accordance with the Pennsylvania Floodplain Management Act[1] and the regulations adopted by the Pennsylvania Department of Community and Economic Development as required by the Act, any new or substantially improved structure that 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.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
Within any FW (Floodway Area), any structure, material or substance of the kind described in Subsection A above shall be prohibited.
C.
Where permitted within any FF (Flood-Fringe Area) or FA (General Floodplain Area), any structure, material or substance described in Subsection A above shall be elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the one-hundred-year flood and 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 "Flood-Proofing Regulations" (United States Army Corps of Engineers, June 1972), or with some other equivalent watertight standard.
§ 245-235 Existing structures in identified floodplain areas.
Structures existing in any identified floodplain area prior to the enactment of this chapter may continue, subject to the following provisions. Where any conflict is raised between Article XIX of this chapter and the following provisions, the requirements of this section shall prevail:
A.
No expansion or enlargement of an existing structure shall be allowed within any identified floodway that would cause any increase in flood heights.
B.
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.
C.
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.
§ 245-236 Variances.
If compliance with any of the requirements of this article 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 said requirements, subject to the following:
A.
Requests for variances shall be considered by the Zoning Hearing Board in accordance with the provisions of Article XX of this chapter and the following:
(1)
No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the one-hundred-year-flood elevation.
(3)
If granted, a variance shall involve only the least modification necessary to provide relief.
(4)
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.
(6)
In reviewing any request for a variance, the Zoning Hearing Board shall consider, but not be limited to, the following:
(b)
That the granting of the variance will neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense, nor create nuisances, cause fraud on or victimize the public or conflict with any other applicable state statute or regulations or local ordinances or regulations.
(7)
A report of all variances granted during the year that involve uses or activities in any FW (Floodway Area), FF (Flood-Fringe Area) or FA (General Floodplain Area) shall be included in the annual report to the Federal Emergency Management Agency (FEMA).
B.
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.