[HISTORY: Adopted by the Board of Supervisors of the Township
of Tobyhanna 12-24-1988 by Ord. No. 351; amended in its entirety 4-25-2013 by Ord. No.
499. Subsequent amendments noted where applicable.]
The Legislature of the Commonwealth of Pennsylvania has, by
the passage of the Pennsylvania Flood Plain Management Act of 1978,[1] delegated the responsibility to local governmental units
to adopt floodplain management regulations to promote public health,
safety, and the general welfare of its citizenry. Therefore, the Board
of Supervisors of Tobyhanna Township, Monroe County, Pennsylvania,
does hereby adopt and order as follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
A.
The intent of this chapter is 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)
Comply with federal and state floodplain management requirements.
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 Township of Tobyhanna unless a permit has been
obtained from the duly appointed Floodplain Administrator.
(2)
A permit shall not be required for minor repairs to existing buildings
or structures or for an internal alteration of a preexisting structure
that does not increase its size, dimensions, or total square feet
of area, and which does not affect the bearing walls thereof, and
such work shall be exempt from the requirements of this section unless
otherwise specifically stated herein.
C.
Abrogation and greater restrictions. All other ordinance provisions
shall remain in full force and effect to the extent that those provisions
are more restrictive than this chapter. If there is any conflict between
any of the provisions of this chapter, the more restrictive shall
apply.
D.
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.
E.
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 accepted 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 Tobyhanna Township or any
officer or employee thereof for any flood damages that result from
reliance on this chapter or any administrative decision lawfully made
thereunder.
A.
Designation of Floodplain Administrator. The Tobyhanna Township Zoning
Officer is hereby appointed to administer and enforce this chapter
and is referred to herein as the "Floodplain Administrator."
B.
Duties and responsibilities of 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 chapter and all other applicable
codes and ordinances.
(2)
The Floodplain Administrator shall not issue any permit until the
applicant provides copies of all other necessary government permits
required by state and federal laws, 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 § 404, 33 U.S.C.
§ 1344.
(3)
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.
(4)
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.
(5)
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 Board of Supervisors for whatever action
it considers necessary.
(6)
The Floodplain Administrator shall maintain all records associated
with the requirements of this chapter, including, but not limited
to, permitting, inspection and enforcement.
(7)
The Floodplain Administrator shall consider the requirements of the
UCC and all International Codes and appendices as amended and/or adopted
by the Township.
C.
Permits required.
(1)
A permit shall be required before any construction or development
is undertaken within any area of the Township of Tobyhanna.
(2)
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 Township, unless an approved permit has been obtained
from the Floodplain Administrator.
D.
Permit application procedures and requirements.
(1)
Application for a permit shall be made, in writing, to the Floodplain
Administrator on forms supplied by the Township of Tobyhanna. Such
application shall contain the following:
(a)
Name and address of applicant.
(b)
Name and address of owner of land on which proposed construction
is to occur.
(c)
Name and address of contractor.
(d)
Site location, including address.
(e)
Listing of other permits required.
(f)
In the event that flood damage has occurred, a brief description
of proposed work and estimated cost, including a breakout of flood-related
costs and the market value of the building before the flood damage
occurred, shall be provided.
(g)
A plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings or structures.
E.
Permits for construction or development in identified floodplain
area. 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 set forth in this
chapter in sufficient detail to enable the Floodplain Administrator
to determine that:
(1)
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.
(2)
All utilities and facilities, such as sewer, gas, electrical and
water systems are located and constructed to minimize or eliminate
flood damage.
(3)
Adequate drainage is provided so as to reduce exposure to flood hazards.
(4)
Structures will be anchored to prevent flotation, collapse, or lateral
movement.
(5)
Building materials are flood-resistant.
(6)
Appropriate practices that minimize flood damage have been or will
be used.
(7)
Electrical, heating, ventilation, plumbing, air-conditioning equipment,
and other service facilities have been designed and located to prevent
water entry or accumulation.
F.
Minimum information to be submitted with permit application for construction
or development in identified floodplain area. Applicants shall file
the following minimum information plus any other pertinent information
as may be required by the Floodplain Administrator to make the determinations
referenced in this chapter:
(1)
A completed permit application form.
(2)
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:
(a)
North arrow, scale, and date;
(b)
Topographic contour lines, if available;
(c)
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development;
(d)
The location of all existing streets, drives, and other accessways;
and
(e)
The location of any existing bodies of water or watercourses,
identified floodplain areas, and, if available, information pertaining
to the floodway, and the flow of water including direction and velocities.
(3)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale, showing the following:
(a)
The proposed lowest floor elevation of any proposed building
based upon North American Vertical Datum of 1988, as amended;
(b)
The elevation of the base flood;
(c)
Supplemental information as may be necessary under the UCC and
all International Codes and appendices as amended and/or adopted by
the Township.
(4)
The following data and documentation:
(a)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood.
(b)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
(c)
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
within an AE Area/District 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.
(d)
A document, 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. Such statement
shall include a description of the type and extent of floodproofing
measures which have been incorporated into the design of the structure
and/or the development.
(e)
Detailed information needed to determine compliance with other
sections of this chapter.
(f)
The appropriate component of the Department of Environmental
Protection's "Sewage Facilities Planning Module for Land Development"
as determined by the Sewage Enforcement Officer shall be provided.
(g)
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.
G.
Permit fee. Applications for permits shall be accompanied by a fee,
payable to the Township of Tobyhanna, based upon the then-current
fee schedule resolution of the Township.
H.
Additional review. When deemed appropriate, the Floodplain Administrator
may forward the application to the Township Engineer and/or other
Township representatives for review and approval.
I.
Changes in application and/or permit. 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 and approval of the Floodplain Administrator. Requests for
any such change shall be in writing and shall be submitted by the
applicant to the Floodplain Administrator for consideration.
J.
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 shall be signed
by the Floodplain Administrator.
A.
Work
on the proposed construction or development shall begin within 180
days after the date of issuance of the permit and shall be completed
within 24 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 and/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.
B.
Time
extensions shall be granted only if a written request is submitted
by the applicant which sets forth sufficient and reasonable cause
for the Floodplain Administrator to approve such a request.
A.
Notices.
Whenever the Floodplain Administrator or other authorized municipal
representative determines 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:
(1)
Be in writing;
(2)
Include a statement of the reasons for its issuance;
(3)
Allow a reasonable time, not to exceed a period of 30 days, for the
performance of any act it requires;
(4)
Be served upon the property owner or his/her 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 Pennsylvania;
(5)
Contain an outline of remedial actions which, if taken, will effect
compliance with the provisions of this chapter.
B.
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 Township shall be guilty of a
misdemeanor and upon conviction shall pay a fine to Tobyhanna Township
of not more than $1,000, plus costs of prosecution, or by imprisonment
for a term not exceeding 90 days, or both. 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 Township of Tobyhanna to be a
public nuisance and abatable as such.
A.
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 Zoning Hearing Board. Such appeal must be filed, in
writing, within 30 days after the decision, determination or action
of the Floodplain Administrator.
B.
Upon
receipt of such appeal, the Zoning Hearing Board shall set a time
and place, within not less than 10 or not more than 60 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.
A.
For
the purpose of this chapter, the identified floodplain areas, as referenced
throughout this chapter, are the areas of Tobyhanna Township classified
as special flood hazard areas (SFHAs) in the Flood Insurance Study
(FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) as last
revised and amended, having an effective date of 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. The above-referenced FIS and FIRMs,
and any subsequent revisions and amendments, are hereby adopted by
Tobyhanna Township and declared to be a part of this chapter.
B.
The
above-referenced identified floodplain areas may be reviewed or modified
by the Board of Supervisors where studies or information provided
by a qualified agency or person document the need for such revision
or modification. However, prior to any such change, approval must
be obtained from the Federal Emergency Management Agency.
The identified floodplain areas shall consist of the following
specific areas:
A.
The Floodway Area/District identified as floodway in the FIS which
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. This term shall also include floodway areas which
have been identified in other available studies or sources of information
for those special flood hazard areas where no floodway has been identified
in the FIS.
(1)
No construction, development, use or activity within any floodway
area is permitted.
B.
The AE Area/District 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.
(1)
No permit shall be granted for any construction, development, use,
or activity within any AE Area/District without floodway unless it
is demonstrated that the cumulative effect of the proposed development
would not, together with all other existing and anticipated development,
increase the BFE more than one foot at any point.
(2)
No new construction or development shall be located within the area
measured 50 feet landward from the top-of-bank of any watercourse,
unless a permit is obtained from the Department of Environmental Protection
Regional Office.
C.
The A Area/District shall be those areas identified as an A Zone
on the FIRM included in the FIS prepared by FEMA and for which no
one-percent-annual-chance flood elevations have been provided. For
these areas, elevation and floodway information from other federal,
state, or other acceptable sources shall be used when available. Where
other acceptable information is not available, the 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-referenced ways of determining elevation, the
Township 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.
The identified floodplain area may be revised or modified by
the Board of Supervisors 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
FEMA. Additionally, as soon as practicable, but not later than six
months after the date such information becomes available, a community
shall notify FEMA of the changes by submitting technical or scientific
data.
Should a dispute concerning any identified floodplain boundary
arise, an initial determination shall be made by the Tobyhanna Township
Floodplain Administrator, and any party aggrieved by this decision
or determination may appeal to the Tobyhanna Township Zoning Hearing
Board. The burden of proof shall be on the appellant.
A.
Alteration or relocation of watercourse.
(1)
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 applicant and/or
Township of Tobyhanna, and until all required permits or approvals
have been first obtained from the Department of Environmental Protection
Regional Office.
(2)
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.
(3)
In addition, FEMA and Pennsylvania Department of Community and Economic
Development shall be notified prior to any alteration or relocation
of any watercourse.
B.
Technical or scientific data shall be submitted by the applicant
and/or the Township of Tobyhanna to FEMA for a letter of map revision
(LOMR) as soon as practicable but within six months of any new construction,
development, or other activity resulting in changes in the BFE. The
situations when an LOMR or a conditional letter of map revision (CLOMR)
are required are:
(1)
Any development that causes a rise in the base flood elevations within
the floodway; or
(2)
Any development occurring in Zones A1-30 and 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).
C.
Any new construction, development, uses or activities allowed within
any identified floodplain area shall be undertaken in strict compliance
with the provisions contained in this chapter and any other applicable
codes, ordinances and regulations.
D.
Within any identified floodplain area, no new construction or development
shall be located within the area measured 50 feet landward from the
top-of-bank of any watercourse, unless a permit is obtained from the
Department of Environmental Protection Regional Office and other applicable
agency.
A.
Residential structures.
(1)
In AE, A1-30, and AH 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, where there are no base flood elevations specified on the FIRM, 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 § 77-8C and/or other applicable section of this chapter.
(3)
The design and construction standards and specifications contained
in the UCC and all International Codes and appendices as amended and/or
adopted by the Township shall at all times be complied with unless
a more restrictive provision is contained in this chapter, in which
case the more restrictive provision shall govern.
B.
Nonresidential structures.
(1)
In AE, A1-30 and AH Zones, any new construction or substantial improvement
of a nonresidential structure shall have the lowest floor (including
basement) elevated up to, or above, the regulatory flood elevation,
or be designed and constructed so that the space enclosed below the
regulatory flood elevation:
(2)
In A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with § 77-8C or other applicable section of this chapter.
(3)
Any nonresidential structure, or part thereof, made watertight below
the regulatory flood elevation shall be floodproofed in accordance
with the W1 or W2 space classification standards contained in the
publication entitled "Flood-Proofing Regulations" published by the
U.S. Army Corps of Engineers (June 1972, as amended March 1992) or
with some other equivalent standard. All plans and specifications
for such floodproofing shall be accompanied by a statement certified
by a registered professional engineer or architect which states that
the proposed design and methods of construction are in conformance
with the above-referenced standards.
(4)
The design and construction standards and specifications contained
in the UCC and all International Codes and appendices as amended and/or
adopted by the Township shall at all times be complied with unless
a more restrictive provision is contained in this chapter, in which
case the more restrictive provision shall govern.
C.
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.
D.
Accessory structures. Structures accessory to a principal building
need not be elevated or floodproofed 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 600 square feet.
(3)
The structure will have a low damage potential.
(4)
The structure will 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.
In addition to complying with the applicable Building Code as
adopted by Tobyhanna Township and all other applicable ordinances
of the Township, the following minimum standards shall apply for all
construction and development proposed within any identified floodplain
area:
A.
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
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.
B.
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 except in strict compliance with all state
and local regulations for such systems. If any such system is permitted,
it shall be located so as to avoid impairment to it, or contamination
from it, during a flood.
C.
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.
D.
Streets. The finished elevation of all new streets shall be no more
than one foot below the regulatory flood elevation.
E.
Storage. All materials that are buoyant, flammable or explosive, or which in times of flooding could be injurious to human, animal, or plant life, and not otherwise listed in § 77-14E herein, shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
F.
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.
G.
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.
H.
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.
J.
Equipment.
(1)
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.
K.
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.
The following activities, uses and development present a special
hazard to the health and safety of the general public or may result
in significant pollution, increased flood levels or flows or debris
endangering life and property if such activities, uses and development
are located, either entirely or partially, within any identified floodplain
area and are therefore prohibited within any identified floodplain
area.
A.
Any construction, development, use or activity within any floodway
area.
B.
No construction, development, use or activity within any AE area
that would, together with all other existing and anticipated development,
increase the one-hundred-year flood elevation more than one foot at
any point is permitted.
D.
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,
is prohibited within any floodway area and/or identified floodplain
area.
E.
Any new or substantially improved structure which will be used for
the production or storage of any of the following dangerous materials
or substances or will be used for any activity requiring the maintenance
of a supply of more than 50 gallons, or other comparable volume, of
any of the following dangerous materials or substances on the premises
or will involve the production, storage, or use of any amount of radioactive
substances shall be prohibited within any floodway and/or identified
floodplain area.
(1)
Acetone.
(2)
Ammonia.
(3)
Benzene.
(4)
Calcium carbide.
(5)
Carbon disulfide.
(6)
Celluloid.
(7)
Chlorine.
(8)
Hydrochloric acid.
(9)
Hydrocyanic acid.
(10)
Magnesium.
(11)
Nitric acid and oxides of nitrogen.
(12)
Petroleum products (gasoline, fuel oil, etc.).
(13)
Phosphorus.
(14)
Potassium.
(15)
Sodium.
(16)
Sulfur and sulfur products.
(17)
Pesticides (including insecticides, fungicides, and rodenticides).
(18)
Radioactive substances, insofar as such substances are not otherwise
regulated.
All subdivision proposals and development proposals containing
at least 50 lots or at least five acres, whichever is the lesser,
in identified floodplain areas where base flood elevation data are
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.
A.
Within any Floodway Area/District, manufactured homes shall be prohibited.
B.
Where permitted within any identified floodplain area, all manufactured
homes, and any improvements thereto, in addition to complying with
all other provisions of this chapter, shall be:
C.
Installation of manufactured homes shall be done in accordance with
the manufacturers' installation instructions as provided by the
manufacturer and the applicable Building Code as adopted by Tobyhanna
Township.
A.
Within any identified floodplain area, recreational vehicles shall
be prohibited. If a variance is obtained in accordance with the criteria
in this chapter, then the following provisions shall apply:
If compliance with any of the requirements of this chapter would
result in an exceptional noneconomic hardship to a prospective builder,
developer or landowner, the Zoning Hearing Board may, upon request,
grant relief from the strict application of the requirements. Requests
for such relief shall be considered by the Zoning Hearing Board in
accordance with the existing Township ordinances and statutes and
as otherwise set forth herein.
A.
Notwithstanding the provisions of this section, no variance shall be granted for any use specifically prohibited by § 77-14 of this chapter.
B.
If granted, a variance shall involve only the least modification
necessary to provide relief. If it should become necessary to grant
any variance, the applicant shall be required to comply with all applicable
requirements of the National Flood Insurance Program Regulations,
including the requirements for elevation, floodproofing and anchoring.
The applicant must also comply with any other requirements or conditions
of all other applicable Township ordinances.
C.
In granting any variance, the Zoning Hearing Board 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.
D.
Whenever a variance is granted, the Zoning Hearing Board shall notify
the applicant, in writing, that:
E.
In reviewing any request for a variance, the Zoning Hearing Board
shall consider the following as the minimum criteria:
(1)
That there is good and sufficient cause.
(2)
That failure to grant the variance would result in exceptional noneconomic
hardship to the applicant.
(3)
That the granting of the variance will neither result in an unacceptable
or prohibited increase in flood heights, additional threats to public
safety or extraordinary public expense, nor create nuisances, cause
fraud on or victimize the public, nor conflict with any other applicable
state or local ordinances and regulations.
F.
A complete record of all variance requests and related action shall
be maintained by the Township. In addition, a report of all variances
granted during the year shall be included in the annual zoning report
to the Federal Emergency Management Agency.
G.
Notwithstanding any of the above, all structures shall be designed
and constructed so as to have the capability of resisting a one-percent
annual chance of flood.
H.
No variance shall be granted for any construction, development, use,
or activity within any AE Area/District without floodway that would,
together with all other existing and anticipated development, increase
the BFE more than one foot at any point.
The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
area:
A.
No expansion or enlargement of an existing structure shall be allowed
within any Floodway Area/District.
B.
No expansion or enlargement of an existing structure shall be allowed
within AE Area/District without floodway that would, together with
all other existing and anticipated development, increase the BFE more
than one foot at any point.
C.
Structures existing in any identified floodplain area prior to the
enactment of this chapter, but which are not in compliance with these
provisions, may continue to remain, provided that 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. 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 and/or floodproofed to the greatest extent possible.
D.
Any modification, alteration, reconstruction, or improvement of any
kind that meets the definition of "repetitive loss" shall be undertaken
only in full compliance with the provisions of this chapter.
E.
Any reconstruction required as a result of a natural disaster other
than a flood to a structure existing in any identified floodplain
area prior to the enactment of this chapter, but not in compliance
with these provisions, shall be permitted within the preexisting building
footprint and shall be elevated and/or floodproofed to the greatest
extent possible.
A.
General. Unless specifically defined below, words and phrases used
in this chapter shall be interpreted so as to give this chapter its
most reasonable application.
B.
ACCESSORY STRUCTURE
ACCESSORY USE
BASE FLOOD
BASE FLOOD DISCHARGE
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
CONSTRUCTION
DEVELOPMENT
EXISTING CONSTRUCTION
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXISTING STRUCTURE
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOOD or FLOODING
(1)
(a)
(b)
(c)
(2)
FLOODPLAIN AREA or FLOOD-PRONE AREA
FLOODPROOFING
FLOODWAY
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURES
(1)
(2)
(3)
(4)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MINOR REPAIR
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
PERSON
POST-FIRM STRUCTURE
PRE-FIRM STRUCTURE
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOOD ELEVATION
REPETITIVE LOSS
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
UNIFORM CONSTRUCTION CODE (UCC)
VIOLATION
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
A structure not over two stories in height, the use of which
is customarily accessory and incidental to that of the primary structure
and which is located on the same lot.
A use of land, or portion thereof, customarily incidental
and subordinate in extent or purpose to the principal use of the land
or building and located on the same lot with such principal use.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood"
or "one-percent-annual-chance flood").
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH and 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 subgrade (below
ground level) on all sides.
See "structure."
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of manufactured homes.
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 structure for which the start of construction commenced
before the effective date of the FIRM or before January 1, 1975, for
FIRMs effective before that date. "Existing construction" may also
be referred to as "existing structures."
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.
See "existing construction."
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).
The official map on which the Federal Emergency Management
Agency has delineated both the special flood hazard areas 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 general and temporary condition of partial or complete inundation
of normally dry land areas from:
The overflow of inland or tidal waters.
The unusual and rapid accumulation or runoff of surface waters
from any source.
Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in Subsection (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection (1)(a) of this definition.
Any land area susceptible to being inundated by water from
any source. (See definition of "flooding.")
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
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.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
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 which have been approved by the Secretary of the Interior;
or
Individually listed on a local inventory of historic places
in communities with historic preservation that have been certified
either:
The lowest floor of the lowest 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, 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 of 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 May 2, 2013, and includes any subsequent improvements
to such structures. Any construction started after December 16, 1988,
and before May 2, 2013, is subject to the ordinance in effect at the
time the permit was issued, provided 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 this chapter regulating floodplain management as adopted by the
Township.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties.
A structure for which construction or substantial improvement
occurred after December 31, 1974, or on or after the Township's
initial Flood Insurance Rate Map (FIRM) dated December 16, 1988, whichever
is later, and, as such, would be required to be compliant with the
regulations of the National Flood Insurance Program.
A structure for which construction or substantial improvement
occurred on or before December 31, 1974, or before the Township's
initial Flood Insurance Rate Map (FIRM) dated December 16, 1988, whichever
is later, and, as such, would not be required to be compliant with
the regulations of the National Flood Insurance Program.
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 (BFE) or estimated flood height
as determined using simplified methods plus a freeboard safety factor
of 1 1/2 feet.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood events, 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 building permit was issued, provided 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 24 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.
A walled and roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured
home.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
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% 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 when a repetitive loss provision is used) 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 an 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 statewide building code adopted by The Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities,
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the state floodplain construction.
The failure of a structure or other development to be fully
compliant with the Township's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, 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.
