§ 265-407 FLOODPLAIN DISTRICTS

§ 265-407        Floodplain Districts

1. 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:
   1. Regulating uses, activities and development which, acting alone or in combination with other existing or future uses, activities and development, will cause unacceptable increases in flood heights, velocities and frequencies.
   2. Restricting or prohibiting certain uses, activities and development from locating within areas subject to flooding.
   3. Requiring all those uses, activities and developments that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage.
   4. Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.
2. Applicability
   1. These provisions shall apply to all lands within the jurisdiction of the Borough of Tarentum and shown as being located within the boundaries of the designated floodplain districts which are considered as a part of the Official Zoning Map.
   2. No structure or land shall hereafter be used and no structure shall be located, relocated, constructed, reconstructed, enlarged or structurally altered except in full compliance with the terms and provisions of this article and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this article.
3. Overlay concept.
   1. The floodplain districts described in this Section shall be overlays to the existing underlying districts as shown on the Official Zoning Ordinance Map, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.
   2. Where there happens to be any conflict between the provisions or requirements of any of the floodplain districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply.
   3. In the event that any provision concerning a floodplain district is declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying district provision shall remain applicable.
4. Zoning Map. The boundaries of the floodplain district are established as part of the Official Zoning Map of the Borough of Tarentum which is declared to be a part of this article and which shall be kept on file at the Borough of Tarentum offices.
5. District boundary changes. The delineation of any of the floodplain districts may be revised by the governing body where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the United States Army Corps of Engineers, a River Basin Commission or other qualified agency or individual documents the notification for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration (HA).
6. Interpretation of district boundaries. Initial interpretations of the boundaries of the floodplain districts shall be made by the Zoning Officer. Should a dispute arise concerning the boundaries of any of the districts, 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.
7. District provisions.
   1. All uses, activities and development occurring within any floodplain district shall be undertaken only in strict compliance with the provisions of this article and with all other applicable codes and ordinances such as the Borough of Tarentum Building Code and applicable Subdivision Ordinance. In addition, all such uses, activities and development shall be undertaken only in compliance with federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334.
   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. Prior to any proposed alteration or relocation of any stream, watercourse, etc., within the Borough of Tarentum, a permit shall be obtained from the Department of Environmental Protection, Dams and Waterways Management Bureau. Further, notification of the proposal by the Borough shall be given to all affected adjacent municipalities. Copies of such notifications shall be forwarded to both the Federal Insurance Administration and the Department of Community Affairs.
8. Administration
   1. A zoning permit shall be required for all construction and development which includes but is not limited to paving, filling, grading, excavation, mining, dredging or drilling operations, etc.
   2. These provisions are to be read in conjunction with those of Ordinance No. 95-7 (Chapter 95, Building Construction, Article 111, Floodplain Management).