The Flood Plain District is designed as a sub-zone, or overlay zone, within any given zoning district. The recognition of a Flood Plain District on the Zoning Map serves to minimize loss of life and health and damage to public and private property due to recurring or severe flooding. The Flood Plain District also provides notices to prospective developers that flooding may be expected in the area.
The identified Flood Plain District shall be any area within the City, subject to the 100- year flood, which is identified as Zone A (Area of Special Flood Hazard) on the most recent Flood Hazard Boundary Map (FHBM) as issued by the Federal Emergency Management Agency (FEMA), or on the most recent Flood Insurance Rate Map (FIRM) issued by FEMA, if such a map has been prepared for the City of Johnstown.
(a) Flood Elevation Determination.
(1) For the purposes of this chapter, the 100-year flood elevation shall be used as the basis for regulation. To determine the 100-year flood elevation, the elevation at a given point on the boundary of the identified flood plain area which is nearest the construction site in question will be used. In helping to make this necessary elevation determination, other sources of data, where available, shall be used such as:
A. Corps of Engineers-Flood Plain Information Reports;
B. U.S. Geological Survey-Flood Prone Quadrangles;
C. U.S.D.A., Soil Conservation Service - County Soil Surveys (Alluvial Soils) or P.L. 566 Flood Information;
D. Pennsylvania Department of Environmental Protection-Flood Control Investigations;
E. Known high-water marks from past floods;
F. Other sources.
(2) In lieu of the above, the City 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 City.
(b) Changes in Identification of Area. The identified flood plain area may be revised or modified by the City 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) Boundary Disputes. Should a dispute concerning any identified flood plain boundary arise, an initial determination shall be made by the City Planning Commission and any party aggrieved by this decision may appeal to the City. The burden of proof shall be on the appellant.
(d) General Technical Requirements.
(1) In the identified flood plain area, the development and/or use of any land shall be permitted provided that the development and/or use complies with the restrictions and requirements of this and all other applicable codes and ordinances in force in the City. (Municipal Flood Plain Ordinance - Chapter 1464.)
(2) Within any identified flood plain area, the elevation of the lowest floor (including basement) of any new or substantially improved residential structure shall be at least at the level of the 100-year flood elevation.
(3) Within any identified flood plain area, the elevation of the lowest floor (including basement) of any new or substantially improved non-residential structure shall be at least at the level of the 100-year flood elevation or be flood-proofed up to that height.
(4) Any non-residential structure, or part thereof, which will not be completely or adequately elevated, shall be flood-proofed in accordance with the provisions of the City’s Flood Plain Ordinance (Chapter 1464). Additional information may be obtained from the publication entitled, “Flood-Proofing Regulations” (U.S. Army Corps of Engineers, June 1972).
(e) Design and Construction Standards. The minimum standards for all construction and development proposed within any identified flood plain area shall be provided in the City’s Flood Plain Ordinance (Chapter 1464
).
(f) Development Which May Endanger Human Life.
(1) In accordance with the Pennsylvania Flood Plain Management Act, and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which:
A. Will be used for the production or storage of any of the following dangerous materials or substances; or
B. 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
C. Will involve the production, storage, or use of any amount of radioactive substances;
shall be prohibited from development within any identified flood plain area.
(2) The following list of materials and substances are considered dangerous to human life:
A. Acetone;
B. Ammonia;
C. Benzene;
D. Calcium carbide;
E. Carbon disulfide;
F. Celluloid;
G. Chlorine;
H. Hydrochloric acid;
I. Hydro cyanic acid;
J Magnesium;
K. Nitric acid and oxides of nitrogen;
L. Petroleum products (gasoline, fuel oil, and the like);
M. Phosphorus;
N. Potassium;
O. Sodium;
P. Sulphur and sulphur products;
Q. Pesticides (including insecticides, fungicides and rodenticides);
R. Radioactive substances, insofar as such substances are not otherwise regulated.
(g) Special Requirements for Mobile Homes. Shall be required as provided in the City’s Flood Plain Ordinance (Chapter 1464
).
(h) Activities Requiring Special Permits.
(1) The following activities shall be prohibited within any identified flood plain area unless a special permit has been issued by the City as provided in the City’s Flood Plain Ordinance (Chapter 1464):
A. Hospitals;
B. Nursing homes;
C. Jails or prisons; and
D. Mobile home parks.
(2) Application requirements, review procedures, and special technical requirements are contained within the City’s Flood Plain Ordinance (Chapter 1464) regarding the above-mentioned activities.
(i) Existing Structures in Identified Flood Plain Areas.
(1) Existing Structures. The provisions of this chapter do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the following provisions shall apply.
(2) Improvements. The following provisions shall apply whenever any improvement is made to an existing structure located within any identified flood plain area: 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 and the City’s Flood Plain Ordinance (Chapter 1464
).
(j) Variances. Requests for variances shall be considered by the City in accordance with the procedures contained in the City’s Flood Plain Ordinance (Chapter 1464
).
(Ord. 5139. Passed 11-27-13.)