[HISTORY: Adopted by the Borough Council of the Borough of
East Stroudsburg 3-19-2013 by Ord. No. 1269,[1] approved 3-19-2013. Amendments noted where applicable.]
GENERAL REFERENCES
Planning and Zoning Commission — See Ch. 34.
Codes and code enforcement — See Ch. 73.
Subdivision of land — See Ch. 140.
Zoning — See Ch. 157.
[1]
Editor's Note: This ordinance also superseded former
Ch. 82, Flood-Prone Areas, comprised of Part 1, Minimum Requirements
for New Construction and Development, adopted 10-17-1978 by Ord. No.
760, approved 10-17-1978, as amended, and Part 2, Regulation of Specific
Kinds of Development, adopted 2-1-1983 by Ord. No. 796, approved 2-1-1983,
as amended.
A.
Intent. This chapter is intended to:
(1)
Promote the general health, welfare, and safety of the community.
(2)
Encourage the utilization of appropriate construction practices in
order to prevent or minimize flood damage in the future.
(3)
Minimize danger to public health by protecting water supply and natural
drainage.
(4)
Reduce financial burdens imposed on the community, its governmental
units, and its residents by preventing excessive development in areas
subject to flooding.
(5)
Maintain the existing hydrologic regime through the sound management
of floodplains for their capacity to convey, transport, store and
dissipate flood flow volumes and velocities, to protect water quality
and to maintain stream channel stability.
B.
Applicability.
(1)
It shall be unlawful for any person, partnership, business or corporation
to undertake, or cause to be undertaken, any construction or development
anywhere within the Borough of East Stroudsburg unless a permit has
been obtained from the Floodplain Administrator.
(2)
A permit shall not be required for minor repairs to existing buildings
or structures.
C.
Warning and disclaimer of liability. 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 or 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
any identified floodplain areas or that land uses permitted within
such areas will be free from flooding or flood damages. This chapter
shall not create liability on the part of the Borough of East Stroudsburg
or any officer or employee thereof for any flood damages that result
from reliance on this chapter or any administrative decision lawfully
made thereunder.
D.
Abrogation and greater restrictions. This chapter supersedes any
other conflicting provisions which may be in effect in identified
floodplain areas. However, any other chapter provisions shall remain
in full force and effect to the extent that those provisions are more
restrictive. If there is any conflict between any of the provisions
of this chapter, the more restrictive shall apply.
E.
Severability. If any section, subsection, paragraph, sentence, clause,
or phrase of this chapter shall be declared invalid for any reason
whatsoever, such a decision shall not affect the remaining portions
of the chapter, which shall remain in full force and effect, and for
this purpose the provisions of this chapter are hereby declared to
be severable.
A.
Designation of the Floodplain Administrator. The Zoning and Codes
Enforcement Officer is hereby appointed to administer and enforce
this chapter and is referred to herein as the Floodplain Administrator.
The Floodplain Administrator may 1) fulfill the duties and responsibilities
set forth in these regulations; 2) delegate duties and responsibilities
set forth in these regulations to qualified technical personnel, plan
examiners, inspectors, and other employees; or 3) enter into a written
agreement or written contract with another agency or private sector
entity to administer specific provisions of these regulations. Administration
of any part of these regulations by another entity shall not relieve
the community of its responsibilities pursuant to the participation
requirements of the National Flood Insurance Program as set forth
in the Code of Federal Regulations at 44 CFR 59.22.
B.
Permits required. A permit shall be required before any construction
or development is undertaken within any area of the Borough.
C.
Duties and responsibilities of the Floodplain Administrator.
(1)
The Floodplain Administrator shall issue a permit only after it has
been determined that the proposed work to be undertaken will be in
conformance with the requirements of this and all other applicable
codes and ordinances.
(2)
Prior to the issuance of any permit, the Floodplain Administrator
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended);[1] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[2] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[3] and the U.S. Clean Water Act, Section 404, 33, U.S.C.
§ 1344. No permit shall be issued until this determination
has been made.
(3)
In the case of existing structures, prior to the issuance of any
development/building permit, the Floodplain Administrator shall review
the history of repairs to the subject building, so that any repetitive
loss issues can be addressed before the permit is issued.
(4)
During the construction period, the Floodplain Administrator or other
authorized official shall inspect the premises to determine that the
work is progressing in compliance with the information provided on
the permit application and with all applicable municipal laws and
ordinances. He/she shall make as many inspections during and upon
completion of the work as are necessary.
(5)
In the discharge of his/her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises
or development in the identified floodplain area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this chapter.
(6)
In the event the Floodplain Administrator discovers that the work
does not comply with the permit application or any applicable laws
and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Floodplain Administrator shall revoke the permit
and report such fact to the Borough Council for whatever action it
considers necessary.
(7)
The Floodplain Administrator shall maintain all records associated
with the requirements of this chapter, including, but not limited
to, finished construction elevation data, permitting, inspection and
enforcement.
(8)
The Floodplain Administrator is the official responsible for submitting
a biennial report to FEMA concerning community participation in the
National Flood Insurance Program.
(9)
The Floodplain Administrator shall consider the requirements of the
34 Pa. Code and the 2009 International Building Code and the 2009
International Residential Code or latest revisions thereof.
D.
Application procedures and requirements.
(1)
Application for such a permit shall be made, in writing, to the Floodplain
Administrator on forms supplied by the Borough. Such application shall
contain the following:
(a)
The name and address of the applicant.
(b)
The name and address of the owner of land on which proposed
construction is to occur.
(c)
The name and address of the contractor.
(d)
The site location, including address.
(e)
A listing of other permits required.
(f)
A brief description of proposed work and estimated cost, including
a breakout of flood-related cost and the market value of the building
before the flood damage occurred where appropriate.
(g)
A plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings and structures.
(2)
If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants for permits
shall provide all the necessary information in sufficient detail and
clarity to enable the Floodplain Administrator to determine that:
(a)
All such proposals are consistent with the need to minimize
flood damage and conform with the requirements of this and all other
applicable codes and ordinances.
(b)
All utilities and facilities, such as sewer, gas, electrical,
and water systems are located and constructed to minimize or eliminate
flood damage.
(c)
Adequate drainage is provided so as to reduce exposure to flood
hazards.
(d)
Structures will be anchored to prevent flotation, collapse,
or lateral movement.
(e)
Building materials are flood resistant.
(f)
Appropriate practices that minimize flood damage have been used.
(g)
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and/or
located to prevent water entry or accumulation.
(3)
Applicants shall file the following minimum information plus any
other pertinent information as may be required by the Floodplain Administrator
to make the above determination:
(a)
A completed permit application form.
(b)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
[1]
North arrow, scale, and date;
[2]
Topographic contour lines, if available;
[3]
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development;
[4]
The location of all existing streets, drives, and other accessways;
and
[5]
The location of any existing bodies of water of watercourses,
identified floodplain areas, limits of earth disturbance, and, if
available, information pertaining to the floodway, and the flow of
water, including direction and velocities.
(c)
Plans of all proposed buildings, structures and other development,
drawn at suitable scale, showing the following:
[1]
The proposed lowest floor elevation of any proposed building
based upon North American Vertical Datum of 1988;
[2]
The elevation of the base flood;
[3]
Supplemental information as may be necessary under 34 Pa. Code,
the 2009 International Building Code or the 2009 International Residential
Code.
(d)
The following data and documentation:
[1]
Information concerning flood depths, pressures, velocities,
impact and uplift forces and other factors associated with a base
flood, if available.
[2]
Documentation, certified by a registered professional engineer,
to show that the cumulative effect of any proposed development within
an AE Area without floodway, when combined with all other existing
and anticipated development, will not increase the base flood elevation
more than one foot at any point.
[3]
Documentation, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
impact and uplift forces associated with the base flood.
[4]
[5]
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development" (if applicable).
[6]
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection to
implement and maintain erosion and sedimentation control and stormwater
management.
(4)
Applications for permits shall be accompanied by a fee, payable to
the municipality based upon the estimated cost of the proposed construction
as determined by the Floodplain Administrator.
E.
Review by Monroe County Conservation District. A copy of all applications
and plans for any proposed construction or development in any identified
floodplain area to be considered for approval shall be submitted by
the Floodplain Administrator to the Monroe County Conservation District
for review and comment prior to the issuance of a permit. The recommendations
of the Conservation District shall be considered by the Floodplain
Administrator for incorporation into the proposed plan.
F.
Review of application by others. A copy of all plans and applications
for any proposed construction or development in any identified floodplain
area to be considered for approval may be submitted by the Floodplain
Administrator to any other appropriate agencies and/or individuals
(e.g., Planning Commission, Municipal Engineer, etc.) for review and
comment.
G.
Changes. After the issuance of a permit by the Floodplain Administrator,
no changes of any kind shall be made to the application, permit or
any of the plans, specifications or other documents submitted with
the application without the written consent or approval of the Floodplain
Administrator. Requests for any such change shall be in writing and
shall be submitted by the applicant to Floodplain Administrator for
consideration.
H.
Placards. In addition to the permit, the Floodplain Administrator
shall issue a placard which shall be displayed on the premises during
the time construction is in progress. This placard shall show the
number of the permit and the date of its issuance and be signed by
the Floodplain Administrator.
I.
Start of construction.
(1)
Work on the proposed construction or development shall begin within
180 days after the date of issuance and shall be completed within
12 months after the date of issuance of the permit or the permit shall
expire unless a time extension is granted, in writing, by the Floodplain
Administrator. The "actual start of construction" means either the
first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation,
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets
or walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the "actual
start of construction" means the first alteration of any wall, ceiling,
floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
(2)
Time extensions shall be granted only if a written request which
sets forth sufficient and reasonable cause for the Floodplain Administrator
to approve such a request is submitted by the applicant.
J.
Enforcement.
(1)
Notices. Whenever the Floodplain Administrator or other authorized
municipal representative determines that there are reasonable grounds
to believe that there has been a violation of any provisions of this
chapter, or of any regulations adopted pursuant thereto, the Floodplain
Administrator shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
(a)
Be in writing.
(b)
Include a statement of the reasons for its issuance.
(c)
Allow a reasonable time not to exceed a period of 30 days for
the performance of any act it requires.
(d)
Be served upon the property owner or his agent as the case may
require, provided, however, that such notice or order shall be deemed
to have been properly served upon such owner or agent when a copy
thereof has been served with such notice by any other method authorized
or required by the laws of this State.
(e)
Contain an outline of remedial action which, if taken, will
effect compliance with the provisions of this chapter.
(2)
Penalties. Any person who fails to comply with any or all of the
requirements or provisions of this chapter or who fails or refuses
to comply with any notice, order of direction of the Floodplain Administrator
or any other authorized employee of the municipality shall be guilty
of a misdemeanor and upon conviction shall pay a fine to the Borough
of not more than $1,000 plus costs of prosecution. In default of such
payment, such person shall be imprisoned in the county prison for
a period not to exceed 30 days. Each day during which any violation
of this chapter continues shall constitute a separate offense. In
addition to the above penalties, all other actions are hereby reserved,
including an action in equity for the proper enforcement of this chapter.
The imposition of a fine or penalty for any violation of, or noncompliance
with, this chapter shall not excuse the violation or noncompliance
or permit it to continue, and all such persons shall be required to
correct or remedy such violations and noncompliance within a reasonable
time. Any development initiated or any structure or building constructed,
reconstructed, enlarged, altered, or relocated in noncompliance with
this chapter may be declared by the Borough Council to be a public
nuisance and abatable as such.
K.
Appeals.
(1)
Any person aggrieved by any action or decision of the Floodplain
Administrator concerning the administration of the provisions of this
chapter may appeal to the Code Hearing Board (the "Board"). Such appeal
must be filed, in writing, within 30 days after the decision, determination
or action of the Floodplain Administrator.
(2)
Upon receipt of such appeal the Board shall set a time and place,
within not less than 10 or not more than 30 days, for the purpose
of considering the appeal. Notice of the time and place at which the
appeal will be considered shall be given to all parties.
In designated floodplain areas, only the following types of
activities/development will be permitted:
A.
Activities/development that are compatible with maintaining the existing
hydrologic regime and do not alter the cross-sectional dimension of
the floodplain and its storage capacity.
B.
Activities/development permitted under Title 25, Chapter 105, of
the Pennsylvania Code or conveyances required by Title 25, Chapter
102.
A.
Identification.
(1)
The identified floodplain area shall be:
(a)
Any areas of the Borough classified as a special flood hazard
area (SFHA) in the Flood Insurance Study (FIS) and the accompanying
Flood Insurance Rate Maps (FIRMs) dated May 2, 2013, and issued by
the Federal Emergency Management Agency (FEMA) or the most recent
revision thereof, including all digital data developed as part of
the Flood Insurance Study; and
(b)
Any community-identified flood hazard areas.
(2)
The above-referenced FIS and FIRMs and any subsequent revisions and
amendments are hereby adopted by the Borough and declared to be a
part of this chapter.
B.
Description of identified floodplain areas. The identified floodplain
area shall consist of the following specific areas:
(1)
Floodway area: shall be those areas identified as floodway on the
FIRM as well as those floodway areas which have been identified in
other available studies or sources of information for those AE areas
where no floodway has been identified in the FIS. The floodway represents
the channel of a watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation by more than one foot at any
point.
(2)
AE area without floodway: shall be those areas identified as an AE
Zone on the FIRM included in the FIS prepared by FEMA and for which
base flood elevations have been provided in the FIS but no floodway
has been delineated.
(3)
A area: shall be those areas identified as an A Zone on the FIRM
included in the FIS prepared by FEMA and for which no base flood elevations
have been provided. For these areas, elevation and floodway information
from other federal, state, or other acceptable source shall be used
when available. Where other acceptable information is not available,
the base flood elevation shall be determined by using the elevation
of a point on the boundary of the identified floodplain area which
is nearest the construction site. In lieu of the above, the municipality
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 municipality.
(4)
Community-identified flood hazard areas: shall be those areas where
the Borough has identified local flood hazard or ponding areas, as
delineated and adopted on a Local Flood Hazard Map using best available
topographic data and locally derived information such as flood of
record, historic high water marks, soils or approximate study methodologies.
C.
Changes in identification of area. The identified floodplain area,
including any community-identified flood hazard areas, may be revised
or modified by the Borough where studies or information provided by
a qualified agency or person documents the need for such revision.
However, prior to any such change to the special flood hazard area,
approval must be obtained from the Federal Emergency Management Agency
(FEMA). Additionally, as soon as practicable, but not later than six
months after the date such information becomes available, as community
shall notify FEMA of changes to the special flood hazard area by submitting
technical or scientific data.
D.
Boundary disputes. Should a dispute concerning any identified floodplain
boundary arise, an initial determination shall be made by the Borough
Planning Commission, and any party aggrieved by this decision or determination
may appeal to the Code Hearing Board. The burden of proof shall be
on the appellant.
In identified floodplain areas, the following shall be prohibited:
A.
Buildings: all walled and roofed buildings.
B.
Any new construction or development that will in any manner retard,
divert or alter the natural flow of floodwaters on the site, except
activities permitted by the Pennsylvania Department of Environmental
Protection under Title 25, Chapter 105, of the Pennsylvania Code or
conveyances required by Title 25, Chapter 102. (See the definition
of "development.")
C.
Floodway. No new construction or development shall be permitted in
any floodway area or, in the absence of a floodway area, within the
area measured 50 feet landward from the top-of-bank of any watercourse.
D.
Developments of special concern.
(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.
(3)
Recreational vehicles: the long-term parking (greater than or equal
to 180 consecutive days) if not fully licensed and ready for highway
use.
(4)
Fill: the placement of fill material that is not associated with
a permitted activity.
(5)
Sewage disposal: on-lot or community subsurface sewage disposal systems.
(6)
Structures associated with mining or oil and gas production, i.e.,
water storage, fluid containment, or well pads.
(7)
Any type of development or activity shall be prohibited which will
be used for the production or storage of any of the following dangerous
materials or substances or which 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 which will involve the production, storage, or
use or any amount of radioactive substances. The following is a list
of materials and substances that are considered dangerous to human
life:
|
Acetone
| |
|
Ammonia
| |
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Benzene
| |
|
Calcium carbide
| |
|
Carbon disulfide
| |
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Celluloid
| |
|
Chlorine
| |
|
Hydrochloric acid
| |
|
Hydrocyanic acid
| |
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Magnesium
| |
|
Nitric acid and oxides of nitrogen
| |
|
Pesticides (including insecticides, fungicides, and rodenticides)
| |
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Petroleum products (gasoline, fuel oil, etc.)
| |
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Phosphorus
| |
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Potassium
| |
|
Radioactive substances, insofar as such substances are not otherwise
regulated
| |
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Sodium
| |
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Sulphur and sulphur products
| |
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Any other substance as determined by the Borough
|
The following activities/development are permitted in identified floodplain areas, provided that such activity/development does not involve any activity/development prohibited by § 82-5:
A.
Agricultural activities.
B.
Plant nurseries.
C.
Forestry and seed production.
D.
Fish hatcheries.
E.
Parking lots constructed to existing grade.
F.
Temporary fairs or carnivals.
G.
Accessory uses for residential purposes.
H.
Private sportsmen's club activities (for example, archery, hunting,
horse shoes, etc.).
I.
Athletic facilities.
J.
Orchards.
K.
Wildlife sanctuaries.
L.
Boat launch sites constructed to existing grade.
M.
Stormwater conveyance and stormwater management facilities for water
quality as outlined in the Borough Act 167 Stormwater Management Ordinance.
A.
Alteration or relocation of watercourse.
(1)
Alteration or relocation of watercourse.
(a)
No encroachment, alteration, improvement or development of any
kind shall be made to any watercourse until all adjacent municipalities
which may be affected by such action, the Federal Emergency Management
Agency, and the Pennsylvania Department of Community and Economic
Development have been notified in writing by the applicant by certified
mail and until all required permits or approvals have been first obtained
from the Department of Environmental Protection, Northeast Regional
Office, and other applicable agencies. The applicant shall provide
the Borough with proof of the required notifications and copies of
any responses.
(b)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse unless it can be shown that the activity
will not reduce or impede the flood-carrying capacity of the watercourse
in any way.
(2)
Restoration of unstable stream banks. No stream bank restoration
or stabilization projects shall be undertaken until the applicant
provides a detailed report addressing the fluvial geomorphology of
stable reaches above and below the unstable reach. Any restoration
or stabilization project shall include all necessary measures to ensure
the maintenance of stability in the adjacent stable reaches of the
stream channel.
B.
Technical or scientific data shall be submitted by the Borough to
FEMA for a Letter of Map Revision (LOMR) as soon as practicable but
within six months of the completion of any new construction, development
or other activity resulting in changes in the base flood elevation.
The situations when a LOMR or a Conditional Letter of Map Revision
(CLOMR) is required are:
(1)
Any development that causes a rise in the base flood elevations within
the floodway; or
(2)
Any development occurring in Zone AE without a designated floodway
which will cause a rise of more than one foot in the base flood elevation;
or
(3)
Alteration or relocation of a stream (including but not limited to
installing culverts and bridges).
The provisions of this Chapter 82 do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure in the identified floodplain area, the following provisions shall apply:
A.
Expansions. Any substantial improvement to an existing structure
which results in the horizontal expansion of the structure shall be
prohibited.
B.
Floodways. No vertical expansion or enlargement of an existing structure
shall be allowed within any floodway area that would cause any increase
in the base flood elevation.
C.
AE Area Without Floodway. No vertical expansion or enlargement of
an existing structure shall be allowed within any AE Area Without
Floodway that would, together with all other existing and anticipated
development, increase the base flood elevation more than one foot
at any point.
D.
AE Area Without Floodway and A Area. No permitted expansion or enlargement
of an existing structure shall be allowed within 50 feet landward
from the top-of-bank of any watercourse within any AE Area which lacks
a designated floodway or within any A Area unless necessary permits
are obtained from the Department of Environmental Protection Regional
Office.
E.
Danger to human life. No modification, alteration, reconstruction, or improvement of any kind to an existing structure shall be permitted which involves any activity which may endanger human life as listed in § 82-5D(7).
F.
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.
G.
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 to the greatest extent
possible.
I.
The above activity shall also address the requirements of the 34
Pa. Code, as amended, and the 2009 International Building Code and
the 2009 International Residential Code.
A.
Existing lots or parcels of record. In the case where an existing lot or parcel of record is located wholly within an identified floodplain area, or where the usable area of a lot or parcel partially within any identified floodplain area is found to be inadequate for the proposed development, any prohibited development listed in § 82-5 may only be permitted by variance in accord with § 82-11.
B.
Newly created lots or parcels.
(1)
After the effective date of this Chapter 82 every lot or parcel created for development purposes shall contain an area adequate for the proposed use outside of an identified floodplain area, except as provided in Subsection B(2) below. The subdivision plan and deed for any such lot or parcel shall include a restriction that the lot or parcel shall not be used for any development which does not comply with the Borough floodplain regulations in effect when such development is proposed.
(2)
After the effective date of this chapter, the subdivision plan and
deed for any lot or parcel created for nondevelopment purposes (e.g.,
forestry or agriculture) which contains any identified floodplain
area shall include a restriction that the lot or parcel shall not
be used for any development which does not comply with the Borough
floodplain regulations in effect when such development is proposed.
(3)
No variance shall be granted for any development in any identified
floodplain area contained within any lot or parcel created after the
effective date of this chapter. No variance shall be granted for any
development in any identified floodplain area contained on any development
plans submitted, after the effective date of this chapter.
(4)
All subdivision proposals containing at least 50 lots or at least
five acres, whichever is the lesser, in identified floodplain areas
where base flood elevation data is not available shall be supported
by hydrologic and hydraulic engineering analyses that determine base
flood elevations and floodway information. The analyses shall be prepared
by a licensed professional engineer in a format required by FEMA for
a Conditional Letter of Map Revision or Letter of Map Revision. Submittal
requirements and processing fees shall be the responsibility of the
applicant.
If compliance with any of the requirements of this chapter would result in an exceptional hardship to a prospective builder, developer, or landowner, the Board may, upon request, grant relief from the strict application of the requirements. Requests for variances shall be considered by the Board in accordance with the procedures contained in § 82-2K and the following:
A.
Alternatives analysis. No variance shall be granted until the applicant
has performed an alternatives analysis to find practicable alternatives
to development in the identified floodplain area.
B.
Floodway. No variance shall be granted for any construction, development,
use, or activity within any floodway area that would cause any increase
in the base flood elevation. Where a variance may be granted, necessary
permits shall be obtained from the Department of Environmental Protection
Regional Office. Within any floodway area, no encroachments, including
fill, new construction, substantial improvements, or other development,
shall be permitted unless it has been demonstrated through hydrologic
and hydraulic analysis performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge.
C.
AE Area Without Floodway. No variance shall be granted for any construction,
development, use, substantial improvement or activity within any AE
Area Without Floodway that would, together with all other existing
and anticipated development, increase the base flood elevation greater
than one foot at any point.
D.
AE Area Without Floodway and A Area. No variance shall be granted
for any construction, development, use, substantial improvement or
activity within 50 feet landward from the top-of-bank of any watercourse
within any AE Area which lacks a designated floodway or within any
A Area unless necessary permits are obtained from the Department of
Environmental Protection Regional Office.
E.
Elevation required. Any building permitted by variance shall be elevated to the regulatory flood elevation. Within any identified floodplain area, any new construction or substantial improvement of a residential structure or nonresidential structure shall have the lowest floor (including basement) elevated up to or above the regulatory flood elevation. The "regulatory flood elevation" is defined as the base flood elevation plus a freeboard safety factor of 1 1/2 feet. In A Zones, the regulatory flood elevation shall be determined in accordance with § 82-4B(3).
F.
Design and construction standards. Any development permitted by variance shall comply with the requirements of § 82-12 and all other applicable requirements of the National Flood Insurance Program.
G.
Substantial improvements. The Borough may grant a variance to the prohibition of substantial improvements to existing structures in identified floodplain areas, provided that all requirements of this § 82-11 are satisfied.
H.
Developments of special concern. No variance shall be granted for any development of special concern identified in § 82-5D.
I.
Newly created lots or parcels. No variance shall be granted for any
development in any identified floodplain area contained within any
lot or parcel created after the effective date of this chapter. No
variance shall be granted for any development in any identified floodplain
area contained on any development plans submitted after the effective
date of this chapter.
J.
Least modification. If granted, a variance shall involve only the
least modification necessary to provide relief.
K.
Conditions. In granting any variance, the Borough 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.
M.
Review factors. In reviewing any request for a variance, the Borough
shall consider that the granting of the variance will not:
The following minimum standards, in addition to all applicable
National Flood Insurance Program requirements, shall apply to any
construction and development approved within any identified floodplain
area:
A.
Residential and non residential structures.
(1)
In AE Zones, any new construction or substantial improvement shall
have the lowest floor (including basement) elevated up to or above
the regulatory flood elevation.
(2)
In A Zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to or above the regulatory flood elevation determined in accordance with § 82-4B(3) of this chapter.
(3)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the most recent revisions thereof and ASCE
24 and 34 Pa. Code (Chapters 401 through 405, as amended) shall be
utilized.
B.
Space below the lowest floor.
(1)
Fully enclosed space below the lowest floor (excluding basements)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "fully enclosed space" also includes crawl spaces.
(2)
Designs for meeting this requirement must either be certified by
a registered professional engineer or architect or meet or exceed
the following minimum criteria:
(a)
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
(b)
The bottom of all openings shall be no higher than one foot
above grade.
(c)
Openings may be equipped with screens, louvers, etc., or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
C.
Manufactured homes.
(2)
Installation of manufactured homes shall be done in accordance with
the manufacturer's installation instructions as provided by the
manufacturer. Where the applicant cannot provide the above information,
the requirements of Appendix E of the 2009 International Residential
Building Code or the U.S. Department of Housing and Urban Development's
Permanent Foundations for Manufactured Housing, 1984 Edition, draft
or latest revision thereto, shall apply and 34 Pa. Code Chapters 401
through 405.
(3)
Consideration shall be given to the installation requirements of
the 2009 IBC, and the 2009 IRC, or the most recent revisions thereto,
and 34 Pa. Code, as amended, where appropriate and/or applicable to
units where the manufacturer's standards for anchoring cannot
be provided or were not established for the unit's proposed installation.
D.
Accessory structures. Structures accessory to a principal building
need not be elevated to remain dry, but shall comply, at a minimum,
with the following requirements:
(1)
The structure shall not be designed or used for human habitation
but shall be limited to the parking of vehicles or to the storage
of tools, material, and equipment related to the principal use or
activity.
(2)
Floor area shall not exceed 100 square feet.
(3)
The structure shall have a low damage potential.
(4)
The structure shall be located on the site so as to cause the least
obstruction to the flow of floodwaters.
(5)
Power lines, wiring, and outlets will be elevated to the regulatory
flood elevation.
(6)
Permanently affixed utility equipment and appliances, such as furnaces,
heaters, washers, dryers, etc. are prohibited.
(7)
Sanitary facilities are prohibited.
(8)
The structure shall be adequately anchored to prevent flotation or
movement and shall be designed to automatically provide for the entry
and exit of floodwater for the purpose of equalizing hydrostatic forces
on the walls. Designs for meeting this requirement must either be
certified by a registered professional engineer or architect or meet
or exceed the following minimum criteria:
(a)
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
(b)
The bottom of all openings shall be no higher than one foot
above grade.
(c)
Openings may be equipped with screens, louvers, etc., or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
E.
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 feet unless substantiated
data justifying steeper slopes are submitted to and approved by the
Floodplain Administrator; and
(5)
Be used to the extent to which it does not adversely affect adjacent
properties.
F.
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner
in accordance with all applicable Borough stormwater control requirements.
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.
G.
Water and sanitary sewer facilities and systems.
(1)
All new or replacement water supply 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.
H.
Other utilities. All other utilities such as gas lines, electrical
and telephone systems shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
I.
Streets. The finished elevation of all new streets shall be no more
than one foot below the regulatory flood elevation.
J.
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 § 82-5D(7), shall be stored at or above the regulatory flood elevation.
K.
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.
L.
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.
M.
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.
N.
Paints and adhesives.
(1)
Paints and other finishes used at or below the regulatory flood elevation
shall be of marine or water-resistant quality.
(2)
Adhesives used at or below the regulatory flood elevation shall be
of a marine or water-resistant variety.
(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.
P.
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.
Q.
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.
R.
Uniform Construction Code coordination. The standards and specifications
contained 34 Pa. Code (Chapters 401 through 405), as amended, and
not limited to the following provisions shall apply to the above and
other sections and subsections of this chapter, to the extent that
they are more restrictive and/or supplement the requirements of this
chapter:
(1)
International Building Code (IBC) 2009 or the latest edition thereof:
Sections 801, 1202, 1403, 1603, 1605, 1612 and 3402 and Appendix G.
(2)
International Residential Building Code (IRC) 2009 or the latest
edition thereof: Sections R104, R105, R109, R323 and Appendix AE101,
Appendix E and Appendix J.
Unless specifically defined below, words and phrases used in
this chapter shall be interpreted so as to give this chapter its most
reasonable application.
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the one-hundred-year flood").
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent or greater chance of
being equaled or exceeded in any given year.
Any area of the building having its floor below ground level
on all sides.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
A space which 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 the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
A space which 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 manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special hazards and the risk
premium zones applicable to the community.
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
Any structure that is any of the following:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district.
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either by an approved state program as determined by the
Secretary of the Interior or directly by the Secretary of the Interior
in states without approved programs.
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant, partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this chapter.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, and recreational and
other similar vehicles which are placed on a site for more than 180
consecutive days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
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,
oil, 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 March 19, 2013, and includes any subsequent improvements
to such structures. Any construction started after September 29, 1978,
and before March 19, 2013, is subject to the ordinance in effect at
the time the permit was issued, provided that the start of construction
was within 180 days of permit issuance.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
An alternative that is available and capable of being done
after taking into consideration cost, existing technology and logistics
in light of overall project purposes.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck;
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The base flood elevation plus a freeboard safety factor of
1 1/2 feet.
Flood-related damages sustained by a structure on two separate
occasions for which the cost of repairs at the time of each such flood
event, on average, equals or exceeds 25% of the market value of the
structure before the damages occurred.
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-A30, AE, A99, or AH.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided that the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days from the date
of the permit and shall be completed within 12 months after the date
of issuance of the permit unless a time extension is granted, in writing,
by the Floodplain Administrator. The actual start means either the
first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation,
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets
and walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual start
of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
See "watercourse."
Anything constructed or erected on the ground or attached
to the ground, including, but not limited to, buildings, sheds, manufactured
homes, fences, walls, storage tanks, and other similar items. This
term includes any man-made object having an ascertainable stationary
location on or in land or water, whether or not affixed to land.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, of which the cost equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage
or repetitive loss, regardless of the actual repair work performed.
The term does not, however, include any project for improvement of
a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified
by the local code enforcement official and which are the minimum necessary
to assure safe living conditions. Historic structures undergoing repair
or rehabilitation that would constitute a substantial improvement,
as defined in this chapter, must comply with all ordinance requirements
that do not preclude the structure's continued designation as
a historic structure. Documentation that a specific ordinance requirement
will cause removal of the structure from the National Register of
Historic Places or the State Inventory of Historic Places must be
obtained from the Secretary of the Interior or the State Historic
Preservation Officer. Any exemption from ordinance requirements will
be the minimum necessary to preserve the historic character and design
of the structure.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certificates, or other evidence of compliance required in 44
CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
is presumed to be in violation until such time as that documentation
is provided.
Any channel of conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial, intermittent
or seasonal flow.
This chapter shall be effective immediately upon its approval
as provided by law and shall remain in force until modified, amended,
or rescinded by the Borough of East Stroudsburg, Monroe County, Pennsylvania.
