1. Delineation of Flood-Prone Areas. For the purposes of this Chapter, the identified floodprone area shall be those areas of the Borough which have been identified as being subject to flooding by a 100-year flood in the Flood Insurance Study prepared for the Borough by the Federal Emergency Management Agency, dated January, 1980. A map showing all areas considered to be flood-prone is available for inspection at the Borough Offices. For the purposes of this Chapter the following nomenclature is used in referring to the various kinds of flood-prone areas:
A. The floodway area is based on the criteria that the portion of the floodplain selected must be capable of carrying the waters of the 100-year flood without increasing the water surface elevation of the flood more than 1 foot at any one point. The areas identified as “Floodway” in the FIS prepared by the FEMA shall be supplemented with floodway areas which have been identified in other available studies or sources of information.
B. The Flood-Fringe Area (FF) shall be that area of the 100-year floodplain not included in the Floodway Area. The basis for the outermost boundary of this area shall be the 100-year flood elevation contained in the flood profiles of the above-referenced Flood Insurance Study (FIS) and as shown on the accompanying Flood Boundary and Floodway Map.
The areas considered to be flood-prone may be revised or modified by the Borough where studies or information provided by a qualified agency or person documents the need or possibility for such revision. No modification or revision of any area identified as being flood-prone in the Flood Insurance Study prepared by tie Federal Insurance Administration shall be made without prior approval from the Federal Insurance Administration.
2. Use of Flood Prone Areas.
A. 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 municipality, and until all required permits or approvals have been first obtained from the Department of Environmental
Resources, Dams and Encroachment Division Protection. [A.O.]
B. Within any designated floodway (FW) area, no new construction, development, use, activity, or encroachment of any kind shall be allowed, except where the rise in flood heights caused by the proposal development is fully offset by accompanying improvements. Any development that is permitted shall be undertaken in strict compliance with the provisions contained in this Chapter and any other applicable codes, ordinances and regulations, particularly the Flood Damage Control Regulations of the Blossburg Borough Building Code.
C. Within any designated flood-fringe (FF) area new construction and other development, uses and activities shall be allowed, provided that they are undertaken in strict compliance with the provisions contained in this Chapter and any other applicable code ordinances and regulations, particularly the Flood Damage Control Regulations of the Blossburg Borough Building Code.
3. Supplementary Administrative Provisions.
A. A zoning permit shall be required prior to the undertaking any development in any floodplain area.
B. Prior to the issuance of any building permit, the Permit Office shall obtain, review, and reasonably utilize base flood evaluation and floodway data available from Federal, State, or other sources to regulate construction in a floodprone area. The Permit Office shall also review the application for permit to determine if all other necessary governmental permits such as those required by Federal, State County, and Municipal laws have been obtained including those required by Act 537, the Pennsylvania Sewage Facilities Act, 35 P.S. §750.1 et seq., the Water Obstruction Act of 1913 Dam Safety and Encroachments Act, 32 P.S. §693.1 et seq. and the Federal Water Pollution Control Amendments of 1972, §404, 33 USC 1334. No permit shall be issued until these documents have been made.
C. In addition to the application requirements found in §27-701, the applicant for zoning permit shall include the following:
(1) One hundred year flood elevations.
(2) Proposed lowest floor elevations in relation to mean sea level, i.e., National Geodetic Vertical Datum of 1929.
D. For structures to be floodproofed to the regulatory flood elevation, a document, certified by a registered professional engine or architect, which states that the proposed construction has been adequately designed to withstand the 100- year flood elevations, pressures, velocities, impact, and uplift forces and other hydrostatic, hydrodynamic and buoyancy factors associated with the 100-year flood. Such statement shall include a description of the type and extent of floodproofing measures which have to be incorporated into the design of the structure.
E. In granting any variance the Zoning Hearing Board shall employ the following criteria in addition to those required by §27-715.
(1) No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the 100- year flood elevation.
(2) Whenever a variance is granted, the Borough shall notify the applicant in writing that:
(a) The granting of the variance may result in increased premium rates for flood insurance.
(b) Such variances may increase the risks to life and property.
4. Supplementary Definitions.
Development–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.
Flood–a temporary inundation of normally dry land areas.
Flood-prone area–those floodplain districts specifically designated in subsection .1, above.
100-year flood–a flood that, on the average, is likely to occur once every 100 years (i.e., that has a 1 percent chance of occurring each year, although the flood may occur in any year.)
Regulatory flood elevation–the 100-year flood elevation.
Where existing, the terms “mobile home” and “mobile home park” shall be read to mean “manufactured home” and “manufactured home park,” respectively throughout the Part.
[Ord. 316]
5. Activities Requiring Special Permits.
A. The provisions of this subsection shall be applicable, in addition to any other applicable provisions of this Chapter, or any other ordinance, code or regulation.
B. Identification of Activities Requiring a Special Permit. In accordance with the Pennsylvania Flood Plain Management Act (Act 1978-166), 32 P.S. §679.101 et seq., and regulations adopted by the Department of Community Affairs and Economic Development as required by the Act, the following obstructions and activities are permitted only by special permit, if located partially or entirely within any identified floodplain area: [A.O.]
(1) The commencement of any of the following activities; or the construction, enlargement, or expansion of any structure used, or intended to be used, for any of the following activities:
(a) Hospitals.
(b) Nursing homes.
(c) Jails or prisons.
(2) The commencement of, or any construction of, a new manufactured home park or manufactured home subdivision, or substantial improvement to an existing manufactured home park or manufactured home subdivision.
C. Application Requirements. 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 1 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 2 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 boundary line, information and spot elevations concerning the 100-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.
(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 buildings elevations, as appropriate.
(b) For any proposed building, the elevation of the lowest floor (including 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 100-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 right-of-way and pavement widths.
(f) Profile drawings for all proposed streets, drives and vehicular accessways including existing and proposed grades.
(g) Plans and profiles of all proposed sanitary a 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 100-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 100-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 of the proposed development will have on 100- 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 possibly exist or be located on the site below the 100-year flood elevation and the effects such materials and debris may have on 100-year flood elevations and flow:
(f) The appropriate component of the Department of Environmental
Resources' Protections’s “Planning Module for Land Development.” [A.O.]
(g) Where any excavation or grading is proposed, a plan meeting the requirement of the Department of Environmental
Resources Protection to implement and maintain erosion and sediment control. [A.O.]
(h) Any other applicable permits such as, but not limited to, a permit for any activity regulated by the Department of Environmental
Resources Protection under §302 of Act 1978-166, 32 P.S. §679-302.
(i) An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a 100-year flood.
D. Application Review Procedures. Upon receipt of an application for a special permit by the Borough, the following procedures shall apply in addition to all other applicable permit procedures which are already established:
(1) Within 3 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 document.
(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
Affairs and Economic Development by registered mail, within 5 working days after the date approval. [A.O.]
(5) Before issuing the special permit, the Borough shall allow the Department of Community
Affairs and Economic Development 30 days, after receipt of the notification by the Department, to review the application and the decision made by the Borough. [A.O.]
(6) If the Borough does not receive any communication from the Department of Community
Affairs and Economic Development during the 30- day review period, it may issue a special permit to the applicant. [A.O.]
(7) If the Department of Community
Affairs 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. [A.O.]
E. Technical Requirements for Development Requiring a Special Permit. In addition to any other applicable requirements, the following provisions shall also apply to the activities requiring a special permit. If there is any conflict between any of the following requirements and any otherwise applicable provision, the more restrictive provision shall apply:
(1) 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, a one new structures shall be designed, located and constructed so that:
1) The structure will survive inundation by waters of the 100- year flood without a lateral movement or damage to either the structure itself, or to any of its equipment or contents below the 100- year flood elevation.
2) The lowest floor elevation (including basement) will be at least 1 ½ feet above the 100-year flood elevation.
3) The occupants of the structure can remain inside for an indefinite period of time and be safety evacuated at any time during the 100-year flood.
(b) Prevent any significant possibility of pollution, increased flood levels or flows, or debris endangering life and property.
(2) 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
Affairs and Economic Development. [A.O.]
F. Except for a possible modification of the freeboard requirement involved, no variance shall be granted for any of the other requirements of this Section.
(Ord. 244A, 3/3/1975; as amended by Ord. 265, –/–/----; by Ord. 297, 1/3/1984; by Ord. 315, 6/1/1987; by Ord. 316, 6/1/1987, §§1–3; and by A.O.)