Wyoming City Zoning Code
PART 13
FLOOD PLAIN DISTRICTS
§ 27-1301 General Provisions.
1.
Purpose. 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:
A.
Regulating uses, activities, and development which, acting alone or in combination with other existing or future uses, activities, and development, will cause increases in flood heights, velocities and frequencies;
B.
Restricting or prohibiting certain uses, activities and development from locating within areas subject to flooding;
C.
Requiring all those uses, activities and developments that do occur in identified 100-year floodplain districts to be protected and/or floodproofed against flooding and flood damage.
D.
Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.
2.
Applicability. These provisions shall apply to all lands within the jurisdiction of the Wyoming Borough Zoning Ordinance and shown on the Official Zoning Map as being located within the boundaries of the various 100-year floodplain district(s).
3.
Interpretation of District Boundaries. Where interpretation is needed concerning the exact location of any boundary of the various 100-year floodplain district(s), the Zoning Hearing Board shall make the necessary determination. 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.
4.
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 100-year floodplain district(s), 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 Wyoming Borough or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
§ 27-1302 Establishment of Zoning District(s).
1.
Basis for District Delineation.
A.
The various 100-year floodplain districts include all identified 100-year floodplain districts within each municipality of the Borough subject to the provisions of this chapter. Sources of information used as a basis for the identification and delineation of 100-year floodplain districts, will include but not be limited to, the National Flood Insurance Program Data, United States Geological Survey Maps and the United States Army Corps of Engineers Flood Plain Information.
B.
Where available, the final, or most recent, National Flood Insurance Study and the Flood Hazard Boundary Maps, shall take precedence over all other information.
C.
Certain municipalities subject to the provisions of this chapter will have areas which have been delineated by the Federal Insurance Administration as being within the 100-year floodplain, but for which there is incomplete, or total lack of information concerning the 100-year flood elevation. In such instances, if any supplemental information is available which contains more complete information concerning the 100-year flood elevation, then such information shall be used wherever possible.
2.
Identification of 100-Year Floodplain Districts.
A.
The 100-year Floodway District (FW) is that area designated to carry and discharge the waters of the 100-year flood, without increasing the water surface elevation of that flood more than one foot at any point. Such districts are based upon delineation of a floodway district(s) in the National Flood Insurance studies and accompanying maps.
B.
The 100-Year Flood Fringe District (FF) is that position of the 100-Year floodplain outside the floodway. The delineation of such districts is based upon the 100-year flood profiles and flood way delineations contained in the National Flood Insurance studies and accompanying maps.
C.
The 100-Year General Flood Conservation District (FA) is that identified 100-year floodplain district for which no flood elevation information is provided. Such area is shown as Zone A in the National Flood Insurance Study and accompanying maps, if such study is available, or the Official Flood Hazard Boundary Maps. In this case, supplemental data must be used to determine the 100-year flood elevation. Supplemental data may be maps and/or studies from the United States, Geological Survey, U.S. Army Corps of Engineers, Soil Conservation Services, etc.
D.
The 100-year Special Flood Conservation District (FO) is that identified 100-year floodplain district having shallow flood depths (between one and three feet) and/or unpredictable flow paths. Such district is shown as AO in the National Flood Insurance Studies and accompanying maps, if such study is available.
3.
Zoning Map. The boundaries of the various 100-year floodplain district(s) are established as shown on the Official Zoning Maps of the Borough of Wyoming, which are declared to be a part of this chapter, and which shall be kept on file at the Office of the Wyoming Borough Planning Commission.
4.
District Boundary Changes. The delineation of the various 100-year floodplain district(s) may be revised by the Governing Body of Wyoming Borough where natural or man-made changes have occurred, and/or where the need for such revisions are documented by additional and/or more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers, the Susquehanna River Basin Commission or other qualified agency or individual. Any such changes shall first be approved by FEMA.
5.
Overlay to Existing Ordinance(s). The various 100-year floodplain district(s) shall be overlays to the existing underlying district(s) as shown on the Official Zoning Maps of the Borough of Wyoming, and as such, the provisions for those districts shall serve as a supplement to the underlying district provisions. Where there happens to be any conflict between the provisions or requirements of any of the 100-year floodplain district(s) and those of any underlying districts, the more restrictive provisions and/or those pertaining to the 100-year various floodplain district(s) shall apply.
§ 27-1303 District Provisions.
1.
All uses, activities, and development occurring within the various 100-year floodplain district(s) shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable codes and ordinances such as Building Code or Subdivision and Land Development Ordinance.
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.
Where there is any proposed change to a watercourse, a permit must first be obtained from the Pennsylvania Department of Environmental Protection. The community shall notify adjacent communities of such proposed change, with copies of notification going to FEMA and PEMA.
A.
Floodway District (FW). In the 100-Year Floodway District, no structural development shall be permitted except where the effect of such development on flood heights is fully offset by accompanying stream improvements which have been approved by all appropriate local and/or state authorities.
B.
Uses Permitted By Right. 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:
(1)
Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, and wild crop harvesting.
(2)
Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet ranges, and hunting and fishing areas.
(3)
Accessory residential uses such as yard areas, gardens, play areas, and pervious parking areas.
(4)
Accessory industrial and commercial uses such as yard areas, pervious parking and loading areas, airport landing strips, etc.
C.
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.
(2)
Utilities and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipelines, water and sewage treatment plants, and other similar or related uses.
(3)
Water-related uses and activities such as marinas, docks, wharves, piers, etc.
(4)
Extraction of sand, gravel, and other materials.
(5)
Temporary uses such as circuses, carnivals, and similar activities.
(6)
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 moved from the area within the time available after flood warning.
(7)
Other similar uses and activities provided that they do not increase flood heights and velocities.
(8)
All uses, activities, and structural developments, shall be undertaken in strict compliance with the flood proofing provisions contained in all other applicable codes and ordinances.
D.
Considerations for Special Exceptions and Variances. In passing upon applications for special exceptions and variances in the various 100-year floodplain district(s), the Zoning Hearing Board shall consider all relevant factors specified in other sections of the ordinance.
(1)
The danger to life and property due to increased flood heights or velocities caused by encroachments, the danger that materials may be swept on to other lands or downstream to the injury of others, and the safety of access to the property in time of flood or by ordinary and emergency vehicles.
(2)
The proposed water supply and the sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.
(3)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
(4)
The importance of the services provided by the proposed facility to the community.
(5)
The requirements of the facility for a waterfront location.
(6)
The availability of alternative locations not subject to flooding for the proposed use.
(7)
The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
(8)
The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site, and such other factors which are relevant to the purposes of this chapter.
E.
One-Hundred-Year Flood Fringe (FF), 100-Year General Flood Conservation (FA) and 100-Year Special Flood Conservation (FC) Districts.
(1)
In the 100-Year FF and FA Districts, 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 flood proofing and related provisions contained in all other applicable codes and ordinances. In the 100-Year Special Flood Conservation (FO) District, the same provisions as above shall apply; however, specific uses shall be flood proofed and/or elevated above the crown of the nearest street and/or road as set forth in all applicable Building Codes and/or building permit ordinances, and the Subdivision and Land Development Ordinances.
(2)
Under no circumstances, however, shall materials that are buoyant, flammable, explosive or which at times of flooding could be injurious to human, animal, or plant life, be stored below an elevation of 1 1/2 feet above the 100-year flood elevation.
§ 27-1304 Existing Structures and/or Uses in the 100-Year Flood Plain District(s).
1.
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 structures and/or uses located in the 100-Year 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.
The modification, alteration, repair, reconstruction, or improvement of any kind to an existing structure and/or use regardless of location in the various 100-year floodplain district(s), 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. Uses or adjuncts thereof which are, or become, nuisances, shall not be permitted to continue.