A.
Information. If the Zoning Officer has reason to believe
that the proposed use may have difficulty complying with the standards
of this Article, then the Zoning Officer may require an applicant
to provide written descriptions of proposed machinery, hazardous and
toxic substances, operations and safeguards.
B.
Federal and state permits. City permits under this
chapter are issued conditioned upon compliance with applicable federal
and state permits. Failure to comply with such federal and state permits
on a substantive matter shall be sufficient reason for suspension
or withdrawal of a City permit under this chapter.
A.
No landowner, tenant nor lessee shall use or allow
to be used land or structures in a way that seriously threatens to
or creates any of the following conditions:
(1)
Communicable disease or other public health hazards,
including activities that would be attractive to or encourage the
breeding of disease-prone insects or rodents.
(2)
Significant physical hazards to the public, especially
hazards that would be easily accessible by small children.
(3)
Activity that creates a significant hazard to public health and safety because of serious explosive, fire, biological, biogenetic or toxic hazards (see Chapter 243, Fire Prevention).
(4)
Activity that causes serious pollution to groundwaters
or surface waters.
B.
It is the responsibility of every property owner to
ensure that their property does not threaten public health or safety
and to remove or alter any structure or situation that threatens the
public health and safety. This includes, but is not limited to, structurally
unsound structures, including those damaged by fire.
A.
If the Zoning Officer or the City Engineer have reason
to believe that a portion of a site proposed to be altered or drained
may possibly meet the state or federal definitions of a "wetland,"
the Zoning Officer may require the applicant to provide a study by
a qualified professional delineating the locations of wetlands. However,
the City accepts no responsibility to identify all wetlands or to
warn parties of such possibilities.
B.
All permits of the City are issued on the condition
that the applicant comply with federal and state wetlands regulations,
and such permits may be revoked by the Zoning Officer for noncompliance
with such regulations.
A.
Purposes. The purposes shall be to protect the water
quality of surface waters, preserve physical access to surface waters
in case of future public acquisition, minimize erosion and sedimentation,
preserve the natural stormwater drainage system of the area, conserve
sensitive wildlife and aquatic habitats, preserve vegetation along
waterways that will help screen out eroded soil and other pollutants
and provide for setbacks that can be used as required yard areas for
a use and to preserve adequate flow capacity for floodwaters and to
encourage groundwater recharge.
B.
Setback from creeks and rivers.
(1)
No new principal building or paved area (except as exempted in Subsection C below) shall be located within:
(a)
Seventy-five feet of the top edge of the primary
bank of the Lackawanna River and the Roaring Brook Creek;
(b)
Seventy-five feet of the center of the following
creeks for land in the R-1, R-1C or C-R District: Stafford Meadow
Brook, Keyser Creek, Leggett Creek, Lindly Creek and Meadowbrook Creek;
and
(c)
Thirty feet of the center of the following creeks
in any zoning district other than the R-1, R-1C or C-R District: Stafford
Meadow Brook, Keyser Creek, Leggett Creek, Lindly Creek and Meadowbrook
Creek.
C.
Setback exemptions. The setbacks of this section shall
not apply to:
A.
Site plan. If an area of a lot including slopes of
25% or greater is proposed for construction of buildings, streets
or driveways or nonagricultural grading, then the applicant shall
submit a steep slope site plan to the Zoning Officer. These submittal
requirements may be met by including the required information on subdivision
and land development plans.
B.
Submission requirements. A steep slope site plan shall
meet the following requirements:
(1)
Show detailed slope contours for all areas that potentially
may be disturbed and/or constructed upon.
(2)
Identify all areas of greater than 25% slope.
(3)
Be to scale (such as one inch equals 50 feet).
(4)
Show substantial areas of trees and dense vegetation
proposed to be removed or preserved prior to or during the development
of the use.
(5)
Be stamped by a professional surveyor, professional
engineer, engineer-in-training, registered landscape architect or
registered architect.
(6)
Show proposed locations of principal buildings, streets,
driveways, on-lot septic fields and other areas of soil disturbance.
(If the exact location of these features is not definitely determined
at the time of plan submittal, then the plan shall designate the outer
limits of areas where such features may potentially be located. If
different locations outside of the approved location would be proposed
after approval of the site plan, then the applicant shall prove to
the Zoning Officer that the revised location would still meet the
requirements of this section.)
(7)
State the maximum slope of proposed driveways and
streets.
(8)
Show an area of 20 feet around the proposed principal
building locations.
C.
Greater than 25% in R-1. If, within the R-1 District,
a proposed principal building location and any areas within 20 feet
of such location on the lot include more than 1,500 square feet with
slopes greater than 25%, then the following regulations shall apply,
unless more restrictive regulations are stated elsewhere in this chapter:
D.
Streets, driveways and septic systems. See applicable
street and driveway slope standards in the City Subdivision and Land
Development Ordinance. See also DEP regulations on slopes of on-lot
septic systems.
F.
Grading. No grading shall occur in such a way that
would circumvent the requirements of this chapter, such as prior to
submittal for a zoning or building permit or subdivision or land development
approval. The steep slope requirements shall apply based on the slope
of land at the time of the adoption of this chapter.
G.
Man-made slopes. This section shall not apply to man-made
slopes that naturally were not 15% or greater slopes.
B.
Water quality hazards.
(1)
No substance shall be stored in such a way that it
could be washed into the groundwater or surface water, if such substance
could seriously contaminate groundwater or surface water or seriously
harm aquatic life of a waterway.
(2)
If a substance threatens groundwater or surface water
contamination, it shall be stored within an impermeable containment.
Such storage shall be surrounded if needed by a berm that would drain
any spilled substance to an engineered collection area or other method
that the applicant proves to the satisfaction of the City Engineer
is safe.
A.
Generally. All methods of wastewater disposal shall
meet the requirements of the DEP, the City, the sewer authority and
the Official City Sewage Facilities Plan, as amended, as applicable.
B.
Recertification of on-lot systems. Any septic system
is required to be reviewed and/or tested by the sewage enforcement
officer for adequacy if a change of use or expansion of use would
cause an increase in sewage flows or if there would be an increase
in the number of dwelling units.
C.
Alternate septic location. Any lot using an on-lot
septic system that is to be granted final subdivision approval after
the adoption of this section shall include a second open unpaved land
area suitable for an alternate septic system location. Such site shall
be tested by the City sewage enforcement officer and found to meet
state and City requirements. This requirement for the alternate system
location shall not apply if the applicant proves to the satisfaction
of the Zoning Officer that public sewage service can reasonably be
expected to serve the lot within five years from the date of occupancy.
D.
On-lot systems and lot area. A more restrictive minimum
lot area may be established by the sewage enforcement officer based
upon DEP regulations.
A.
No land use or its operations shall generate a sound
level exceeding the limits established in the table below, when measured
at the specified locations:
Sound Level Limits by Receiving Land Use/District
| |||
---|---|---|---|
Land Use or Zoning District Receiving
the Noise
|
Hours/Days
|
Maximum Sound Level
(in dBA)
| |
10 feet inside a lot in a residential district
|
7:00 a.m. to 9:00 p.m. other than Sundays, Christmas
Day, Thanksgiving Day, New Years Day, Fourth of July, Labor Day and
Memorial Day
|
69
| |
9:00 p.m. to 7:00 a.m., plus all day Sundays,
Christmas Day, Thanksgiving Day, New Years Day, Fourth of July, Labor
Day and Memorial Day
|
64
| ||
10 feet inside a lot in an I-G or I-L District
|
All times and days
|
78
| |
10 feet inside any lot line not listed above
|
All times and days
|
70
|
NOTE:
"dBA" means A-weighted decibel.
|
B.
The maximum permissible sound level limits set forth
in the above table shall not apply to any of the following noise sources:
(1)
Sound needed to alert people about an emergency.
(2)
Repair or installation of utilities or construction
of structures, sidewalks or streets between the hours of 7:00 a.m.
and 10:00 p.m., except for clearly emergency repairs which are not
restricted by time.
(3)
Household power tools and lawn mowers between the
hours of 7:00 a.m. and 10:00 p.m.
(4)
Agricultural activities, including permitted raising
of livestock, but not exempting a commercial kennel.
(6)
Public celebrations specifically authorized by the
City Council or a county, state or federal government agency or body.
(7)
Unamplified human voices or the barking of a single
dog.
(8)
Routine ringing of bells and chimes by a place of
worship or municipal clock.
C.
Professional studies and costs. If a District Justice
determines that professional analysis is needed to enforce this section
regarding a particular situation, the Zoning Officer may require that
the applicant reimburse the City for such reasonable costs of such
analysis. In addition, the Zoning Officer may base a determination
under this chapter upon a written study accomplished by and signed
by a qualified professional and submitted by an affected party. Any
such study provided by an affected party shall state the methods used
and the credentials of the person(s) who accomplished the study.
No use shall generate vibration that is perceptible
to an average person through his/her senses without the use of measuring
instruments on private property beyond the exterior lot line of the
use generating the vibration. This requirement shall not apply to
occasional nonroutine blasting that may be necessary during construction
of streets, structures and utilities.
No use shall generate odors or dust that are
significantly offensive to persons of average sensitivities beyond
the boundaries of the subject lot. All uses shall comply with federal
and state air and water pollution regulations as a condition of any
City permit.
A.
Streetlighting exempted. This section shall not apply
to streetlighting that is owned, financed or maintained by the City
or the state.
B.
Height of lights. No luminaire, spotlight or other
light source that is within 200 feet of a dwelling or residential
district shall be placed at a height exceeding 35 feet above the average
surrounding ground level. This limitation shall not apply to lights
needed for air safety nor lights intended solely to illuminate an
architectural feature of a building.
C.
Diffused. All light sources, including signs, shall
be properly diffused as needed with a translucent or similar cover
to prevent the lighting element from being directly visible from streets,
public sidewalks, dwellings or adjacent lots. Two or more bare incandescent
light bulbs of 40 watts or greater shall not be hung along a public
street or an abutting property.
D.
Shielding. All light sources, including signs, shall
be shielded around the light source and carefully directed and placed
to prevent the lighting from creating a nuisance to reasonable persons
in adjacent dwellings or undeveloped residentially zoned areas and
to prevent the lighting from shining into the eyes of passing motorists.
Light sources shall also be shielded to avoid excessive fugitive emissions
into the sky in such a way as could harm astronomical visibility from
an observatory.
E.
Flickering. Flashing, flickering or strobe lighting
are prohibited, except for nonadvertising seasonal lights between
October 25 and January 10.
A.
Permit required.
(1)
A zoning permit shall be required for:
(a)
The deposit of more than 15 cubic yards of soil,
stone, rock, clean fill or similar material on a site in a calendar
year.
(b)
Grading activities involving more than one-half
(1/2) acre of land.
(c)
Any grading, dumping or fill activities within
the one-hundred-year floodplain. All such activities may be subject
to review by the City Engineer.
(2)
A separate City permit is not required for fill or
grading specifically approved under another zoning permit, under a
subdivision or land development approval or as part of a City-approved
flood control project.
B.
Erosion control. All City permits are granted on the
condition that state erosion and sedimentation regulations and any
officially submitted erosion and sedimentation plan are fully complied
with. The Zoning Officer may require the submittal of an erosion and
sedimentation control plan with review by the County Conservation
District wherever soil will be disturbed. Failure to comply with such
regulations or plan shall be cause for suspension of City permits.
C.
Unstable slopes. Slopes that would have the serious
threat of instability, in the determination of the City Engineer,
shall not be created. The Zoning Officer may require applicants to
provide certification from a professional engineer that finished slopes
greater than four to one (4:1) will be stable.
D.
Drainage. The ground adjacent to a building shall
be graded so that surface water will be drained away from such building.
Any fill or grading shall only occur in such a way that it does not
increase the flow of stormwater onto public streets, without approval
by the City Engineer or PennDOT, as applicable. Any fill or grading
shall not increase flooding hazards for neighboring properties.
E.
Grading, fill, dumping of clean fill, excavation or
movement of materials shall be completed to avoid an unsightly appearance
and to prevent interference with drainage, streets or utilities. Any
fill placed on a site shall be leveled off and properly sloped within
three months of placement, except for soil stockpile areas shown on
an approved erosion and sedimentation control plan.
A.
Placement. Whenever reasonable, commercial, industrial
and institutional outdoor machinery that could create a noise nuisance
shall be placed towards a side of a building that does not face an
abutting existing dwelling, residential district, school or other
noise sensitive use.
B.
Safety. General types of toxic, biological, electrical
and other significant hazards involving stationary outdoor machinery
and storage shall be marked with signs.
C.
Solid waste containers.
(1)
Screening. All trash dumpsters shall be screened on
three of four sides (not including the side it is to be emptied from)
as needed to screen the dumpster from view from public streets or
dwellings on abutting lots. A solid wooden fence, brick wall, evergreen
plants or structure designed to be architecturally compatible with
the principal building shall be used for such screening.
(2)
Setback from dwellings. If physically possible, any
solid waste container with a capacity of over 15 cubic feet shall
be kept a minimum of 15 feet from any window or door of a dwelling
unit on an abutting lot.
(3)
Food sales. Any use that involves the sale of ready-to-eat
food for consumption outside of a building shall provide at least
one outdoor solid waste receptacle at a convenient location outside
of the main exit door of the property for customer use. The operator
of such use shall be responsible for regular emptying and maintenance
of such receptacle.
(4)
Enclosed containers. Solid waste receptacles stored
outdoors shall be adequately enclosed and covered to control the attraction
of rodents and insects.
D.
Fencing of outdoor storage and machinery. The following
shall be secured by fencing or walls that are reasonably adequate
to make it extremely difficult for small children to enter:
No use shall routinely cause electrical, radio
or electromagnetic disturbances to equipment on other lots. No radioactive
wastes shall be disposed of in any district, and no radioactive wastes
shall be stored on a lot for longer than 90 days after their active
use is completed. See also Pennsylvania DEP regulations.
A.
Intent. The intent shall be to protect wildlife and
bird habitats, encourage groundwater recharge, avoid pollution of
creeks by high temperature runoff, maintain the attractive character
of areas and conserve energy.
B.
Tree removal.
(1)
The provisions of this section shall not apply to:
(a)
A permitted commercial forestry use (which is a special exception use within standards in § 445-29); or
(b)
Routine selective cutting of up to 15% of the
trees throughout a lot to thin woods that does not involve clear-cutting
of any areas other than areas approved for the development of a new
use.
(2)
Except as permitted in Subsection B(1) above, a maximum of 10 trees per lot, or on any combination of adjoining lots in common ownership, with a trunk diameter of eight inches or more (measured at a height four feet above original grade) shall be removed in any calendar year unless each such additional tree meets or will meet one or more of the following conditions:
(a)
Is located within 10 feet of an uncurbed vehicular
cartway.
(b)
Is within a proposed or existing vehicular cartway,
shoulder or sidewalk.
(c)
Is within 10 feet of an approved stormwater
detention basin, paved area, driveway or on-lot sewage system.
(d)
Is within 25 feet of the foundation of an approved
structure.
(e)
Is within an approved utility corridor.
(f)
Is diseased, dead or poses a clear danger to
a structure, utility or public improvement.
(g)
Is a hazard to vehicular sight distance.
(h)
Is clearly of old age and unhealthy and cannot
reasonably be expected to live for more than an additional five years.
(i)
Is within an area of an approved principal or
accessory use that clearly requires the removal of the tree.
(j)
Is within an area that must be cleared to develop
an approved golf course.
(k)
Is necessary to allow longer rows for crop farming.
C.
Protection of trees during construction. Adequate
measures shall be used to prevent the damage and destruction of trees
during construction. This should typically include the erection of
temporary wooded barriers around the dripline of trees, to prevent
compaction of root systems and damage to trunks from machinery.
D.
Applicability. This section shall not apply to an
owner of a residential lot of fewer than one acre after occupancy.
[Amended 7-28-2020 by Ord. No. 16-2020]
A.
General provisions.
(1)
Intent. The intent of this section is to:
(a)
Promote the general health, welfare, and safety of the community.
(b)
Encourage the utilization of appropriate construction practices
in order to prevent or minimize flood damage in the future.
(c)
Minimize danger to public health by protecting water supply
and natural drainage.
(d)
Reduce financial burdens imposed on the community, its governmental
units, and its residents, by preventing excessive development in areas
subject to flooding.
(e)
Comply, with federal and state floodplain management requirements.
(2)
Applicability. 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 City of Scranton unless
a permit has been obtained from the Floodplain Administrator.
(3)
Abrogation and greater restrictions. This section supersedes any
other conflicting provisions which may be in effect in identified
floodplain areas. However, any other ordinance 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 section, the more restrictive shall apply.
(4)
Warning and disclaimer of liability.
(a)
The degree of flood protection sought by the provisions of this
section 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 section
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.
(b)
This section shall not create liability on the part of the City
of Scranton or any officer or employee thereof for any flood damages
that result from reliance on this section or any administrative decision
lawfully made thereunder.
B.
Administration.
(1)
Designation of the Floodplain Administrator. The City Planner within the Department of Licensing, Inspections and Permits is hereby appointed to administer and enforce this section (§ 445-51, Floodplain management requirements) of City of Scranton Zoning Ordinance, File of Council No. 74, 1993 (as amended), and is referred to herein as the Floodplain Administrator.
(2)
Permits required. A permit shall be required before any construction
or development is undertaken within any area of the City of Scranton.
(3)
Duties and responsibilities of the Floodplain Administrator. 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.
(a)
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); the Pennsylvania Dam Safety and Encroachments
Act (Act 1978-325, as amended);[1] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[2] 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.
(b)
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.
(c)
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 section.
(d)
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 Director of Licensing, Inspections and
Permits for whatever action it considers necessary.
(e)
The Floodplain Administrator shall maintain all records associated
with the requirements of this section including, but not limited to,
permitting, inspection and enforcement in perpetuity, or for the lifetime
of the structure.
(f)
The Floodplain Administrator shall consider the requirements
of the 34 Pa. Code and the 2009 IBC and the 2009 IRC or later revisions
adopted by the City of Scranton.
(4)
Application procedures and requirements.
(a)
Application for such a Permit shall be made, in writing, to
the Floodplain Administrator on forms supplied by the City of Scranton.
Such application shall contain the following:
[1]
Name and address of applicant.
[2]
Name and address of owner of land on which proposed construction
is to occur.
[3]
Name and address of contractor.
[4]
Site location including address.
[5]
Listing of other permits required.
[6]
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.
[7]
A plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings or structures.
(b)
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:
[1]
All such proposals are consistent with the need to minimize
flood damage and conform with the requirements of this section 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 floatation, collapse,
or lateral movement;
[5]
Building materials are flood-resistant;
[6]
Appropriate practices that minimize flood damage have been used;
and
[7]
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and located
to prevent water entry or accumulation.
(c)
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:
[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;
[b]
The elevation of the base flood;
[c]
Supplemental information as may be necessary under
34 Pa. Code, the 2009 IBC or the 2009 IRC or later revisions adopted
by the City of Scranton.
[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; and
[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 [See § 459-51C(2)(b).],
when combined with all other existing and anticipated development,
will not increase the base flood elevation more than one foot at any
point.
[d]
Documentation; certified by a registered professional
engineer or architect, to show that the effect of any proposed development
within a Floodway Area [See § 459-51C(2)(a).] will not increase
the base flood elevation at any point.
[e]
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.
[f]
Detailed information needed to determine compliance
with § 459-51D(3)(f), Storage, and § 459-51E,
Development which may endanger human life, including:
[i]
The amount, location and purpose of any materials
or substances referred to in § 459-51D(3)(f) and § 459-51E
which are intended to be used, produced, stored or otherwise maintained
on site.
[ii]
A description of the safeguards incorporated into
the design of the proposed structure to prevent leaks or spills of
the dangerous materials or substances listed in § 459-51E
during a base flood.
[g]
The appropriate component of the Department of
Environmental Protection's "Planning Module for Land Development."
[h]
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.
[5]
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.
(5)
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, City Engineer, etc.) for review and comment.
(6)
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.
(7)
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 the date of its issuance and be signed by the
Floodplain Administrator.
(8)
Start of construction.
(a)
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 issuance of development permit does
not refer to the zoning approval.
(b)
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.
(c)
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 and
the original permit is compliant with the ordinance and FIRM/FIS in
effect at the time the extension is granted.
(9)
Enforcement.
(a)
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
section, 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 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;
[5]
Contain an outline of remedial actions which, if taken, will
effect compliance with the provisions of this section.
(10)
Appeals.
(a)
Any person aggrieved by any action or decision of the Floodplain
Administrator concerning the administration of the provisions of this
section 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.
C.
Identification of floodplain areas.
(1)
Identification. The identified floodplain area shall be:
(a)
Any areas of City of Scranton, classified as special flood hazard
areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying
Flood Insurance Rate Maps (FIRMs) dated 8-5-2020 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)
The above referenced FIS and FIRMs, and any subsequent revisions
and amendments are hereby adopted by City of Scranton and declared
to be a part of this section.
(2)
Description and special requirements of identified floodplain areas.
The identified floodplain area shall consist of the following specific
areas:
(a)
The Floodway Area/District 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 special floodplain 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. 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 and FIRM.
[1]
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.
[2]
Within the floodway area, no new construction or development
shall be allowed, unless a permit is obtained from the Department
of Environmental Protection (DEP) Regional Office.
(b)
The AE Area/District shall be those areas identified as an AE
Zone on the FIRM included in the FIS prepared by FEMA for which base
flood elevations have been provided.
[1]
The AE Area adjacent to the floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA for
which base flood elevations have been provided and a floodway has
been delineated.
[2]
AE Area without floodway shall be those areas identified as
an AE zone on the FIRM included in the FIS prepared by FEMA for which
base flood elevations have been provided but no floodway has been
determined.
[a]
No permit shall be granted within any AE Zone without
floodway; 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
development, together with all other existing and anticipated development,
would not result in an increase in flood levels of more than one foot
within the entire community during the occurrence of the base flood
discharge.
[b]
No new construction or development shall be located
within the area measured 50 feet landward from the top-of-bank of
any watercourse, unless the appropriate permit is obtained from the
Department of Environmental Protection Regional Office.
(c)
The A Area/District shall be those areas identified as Zones
A or A99 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 source 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.
[1]
In lieu of the above, the City of Scranton 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. In the absence of any of the
above data or documentation, the community may require elevation of
the lowest floor to be at least three feet above the highest adjacent
grade.
(d)
The AO and AH Area/District shall be those areas identified
as Zones AO. and AH on the FIRM and in the FIS. These areas are subject
to inundation by one-percent-annual-chance shallow flooding where
average depths are between one foot and three feet. In Zones AO and
AH, drainage paths shall be established to guide floodwaters around
and away from structures on slopes.
(3)
Changes in identification of area. The identified floodplain area
may be revised or modified by the City of Scranton where studies or
information provided by a qualified agency or person documents the
need for such revision. However, prior to any such change, approval
must be obtained from the FEMA. Additionally, as soon as practicable,
but not later than six months after the date such information becomes
available, a community shall notify the FEMA of the changes by submitting
technical or scientific data.
(4)
Boundary disputes. Should a dispute concerning any identified floodplain
boundary arise, an initial determination shall be made by the City
of Scranton Planning Commission and any party aggrieved by this decision
or determination may appeal to the Zoning Hearing Board. The burden
of proof shall be on the appellant.
(5)
Jurisdictional boundary changes. Prior to development occurring in
areas where annexation or other corporate boundary changes are proposed
or have occurred, the community shall review flood hazard data affecting
the lands subject to boundary changes. The community shall adopt and
enforce floodplain regulations in areas subject to annexation or corporate
boundary changes which meet or exceed those in 44 CFR 60.3.
D.
Technical provisions.
(1)
General.
(a)
Alteration or relocation of watercourse. No encroachment, alteration,
or improvement of any kind shall be made to any watercourse until
all adjacent municipalities which may be affected by such action have
been notified by the municipality, and until all required permits
or approvals have been first obtained from the Department of Environmental
Protection Regional Office.
[1]
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]
In addition, the FEMA and Pennsylvania Department of Community
and Economic Development shall be notified prior to any alteration
or relocation of any watercourse.
(b)
When the City of Scranton proposes to permit the following encroachments:
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 or a stream (including but not limited to installing
culverts and bridges); the applicant shall (as per 44 CFR 65.12):
[1]
Apply to FEMA for conditional approval of such action prior
to permitting the encroachments to occur.
[2]
Upon receipt of the FEMA Administrator's conditional approval
of map change and prior to approving the proposed encroachments, a
community shall provide evidence to FEMA of the adoption of floodplain
management ordinances incorporating the increased base flood elevations
and/or revised floodway reflecting the post-project condition.
[3]
Upon completion of the proposed encroachments, the applicant
shall provide as-built certifications. FEMA will initiate a final
map revision upon receipt of such certifications in accordance with
44 CFR Part 67.
(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 section and any other
applicable codes, ordinances and regulations.
(d)
Within any identified floodplain area [See § 459-51C(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 Pennsylvania Department of Environmental
Protection.
(2)
Elevation and floodproofing requirements.
(a)
Residential structures. 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.
[1]
In A and A99 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
§ 459-51C(2)(c) of this section.
[2]
In AO Zones, any new construction or substantial improvement
shall have the lowest floor (including basement) at or above the highest
adjacent grade at least as high as the depth number specified on the
FIRM.
[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 later revisions adopted by the City of Scranton
thereof and ASCE 24 and 34 Pa. Code (Chapters 401 to 405, as amended)
shall be utilized.
(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 and A99 Zones, where there no base flood elevations 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 § 459-51C(2)(c) of this section.
[3]
In AO Zones, any new construction or substantial improvement
shall have the lowest floor elevated or completely floodproofed above
the highest adjacent grade to at least as high as the depth number
specified on the FIRM.
[4]
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 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. There should
be a statement submitted with the permit application and a statement
submitted with the as-built floodproofing certificate prior to the
issuance of the certificate of occupancy.
[5]
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or later revisions adopted by the City of Scranton
thereof and ASCE 24 and 34 Pa. Code (Chapters 401 to 405, as amended)
shall be utilized.
(c)
Space below the lowest floor. 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.
[1]
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)
Historic structures. See § 459-51J(2)(d) for requirements
for the substantial improvement of any historic structures.
(e)
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 200 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. 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.
[9]
For accessory structures that are 200 square feet or larger in area (footprint) and that are below the base flood elevation, a variance is required as set forth in Subsection K. If a variance is granted, a signed Declaration of Land Restriction (Nonconversion Agreement) shall be recorded on the property deed prior to issuance of the certificate of occupancy.
(3)
Design and construction standards. The following minimum standards
shall apply for all construction and development proposed within any
identified floodplain area:
(a)
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.
(b)
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.
(c)
Water and sanitary sewer facilities and systems. 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.
[1]
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
[2]
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.
[3]
The design and construction provisions of the UCC and FEMA #348,
Protecting Building Utilities From Flood Damages, and the International
Private Sewage Disposal Code shall be utilized.
(d)
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.
(e)
Streets. The finished elevation of all new streets shall be
no more than one foot below the regulatory flood elevation.
(f)
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 § 459-51E, Development which
may endanger human life, shall be stored at or above the regulatory
flood elevation or floodproofed to the maximum extent possible.
(g)
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.
(h)
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.
(i)
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)
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.
(l)
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.
(m)
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.
(n)
Uniform Construction Code coordination.
[1]
The standards and specifications contained 34 Pa. Code (Chapters
401 to 405, as amended) and not limited to the following provisions
shall apply to the above and other sections and subsections of this
section, to the extent that they are more restrictive and supplement
the requirements of this section.
[2]
International Building Code (IBC) 2009 or later revisions adopted
by the City of Scranton thereof: Secs. 801, 1202, 1403, 1603, 1605,
1612, 3402, and Appendix G. International Residential Building Code
(IRC) 2009 or later revisions adopted by the City of Scranton thereof:
Secs. R104, R105, R109, R323, Appendix AE 101, Appendix E and Appendix
J.
E.
Development which may endanger human life.
(1)
In accordance with the Pennsylvania Flood Plain Management Act,[7] and the regulations adopted by the Department of Community
and Economic Development as required by the Act, any new or substantially
improved structure which: A) Will be used for the production or storage
of any of the following dangerous materials or substances; or B) will
be used for any activity requiring the maintenance of a supply of
more than 550 gallons, or other comparable volume, of any of the following
dangerous materials or substances on the premises; or C) will involve
the production, storage, or use of any amount of radioactive substances;
shall be subject to the provisions of this section, in addition to
all other applicable provisions. The following list of materials and
substances are considered dangerous to human life:
Acetone
|
Ammonia
|
Benzene
|
Calcium carbide
|
Carbon disulfide
|
Celluloid
|
Chlorine
|
Hydrochloric acid
|
Hydrocyanic acid
|
Magnesium
|
Nitric acid and oxides of nitrogen
|
Petroleum products (gasoline, fuel oil, etc.)
|
Phosphorus
|
Potassium
|
Sodium
|
Sulphur and sulphur products
|
Pesticides (including insecticides, fungicides, and rodenticides)
|
Radioactive substances, insofar as such substances are not otherwise
regulated
|
[7]
Editor's Note: See 32 P.S. § 679.101 et seq.
(2)
Within any Floodway Area, any structure of the kind described in Subsection E(1), above, shall be prohibited.
(3)
Within any identified floodplain area, any new or substantially improved
structure of the kind described in E(1), above, shall be prohibited
within the area measured 50 feet landward from the top-of-bank of
any watercourse.
(4)
Design standards.
(a)
Where permitted within any identified floodplain area, any new
or substantially improved structure of the kind described in E(1),
above, shall be:
(b)
Any such structure, or part thereof, that will be built below
the regulatory flood elevation shall be designed and constructed in
accordance with the standards for completely dry floodproofing contained
in the publication "Flood-Proofing Regulations" (U.S. Army Corps of
Engineers, June 1972 as amended March 1992), or with some other equivalent
watertight standard.
F.
Special requirements for subdivisions. 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.
G.
Special requirements for manufactured homes.
(1)
Where permitted within any identified floodplain area, all manufactured
homes, and any improvements thereto, shall be:
(2)
Installation of manufactured homes shall be done in accordance with
the manufacturers' 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 to 405.
(3)
Consideration shall be given to the installation requirements of
the 2009 IBC, and the 2009 IRC or later revisions adopted by the City
of Scranton thereto and 34 Pa. Code, as amended, where appropriate
and/or applicable to units where the manufacturers' standards for
anchoring cannot be provided or were not established for the unit's
proposed installation.
I.
Activities requiring special permits.
(1)
General. In accordance with the administrative regulations promulgated
by the Department of Community and Economic Development to implement
the Pennsylvania Flood Plain Management Act,[8] the following activities shall be prohibited within any
identified floodplain area unless a special permit has been issued
by the City of Scranton:
(b)
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.
[8]
Editor's Note: See 32 P.S. § 679.101 et seq.
(2)
Application requirements for special permits. Applicants for special
permits shall provide five copies of the following items:
(a)
A written request including a completed permit application form.
(b)
A small-scale map showing the vicinity in which the proposed
site is located.
(c)
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]
Topography based upon the North American Vertical Datum (NAVD)
of 1988, showing existing and proposed contours at intervals of two
feet;
[3]
All property and lot lines including dimensions, and the size
of the site expressed in acres or square feet;
[4]
The location of all existing streets, drives, other accessways,
and parking areas, with information concerning widths, pavement types
and construction, and elevations;
[5]
The location of any existing bodies of water or watercourses,
buildings, structures and other public or private facilities, including
railroad tracks and facilities, and any other natural and man-made
features affecting, or affected by, the proposed activity or development;
[6]
The location of the floodplain boundary line, information and
spot elevations concerning the base flood elevation, and information
concerning the flow of water including direction and velocities;
[7]
The location of all proposed buildings, structures, utilities,
and any other improvements; and
[8]
Any other information which the municipality considers necessary
for adequate review of the application.
(d)
Plans of all proposed buildings, structures and other improvements,
clearly and legibly drawn at suitable scale showing the following:
[1]
Sufficiently detailed architectural or engineering drawings,
including floor plans, sections, and exterior building elevations,
as appropriate;
[2]
For any proposed building, the elevation of the lowest floor
(including basement) and, as required, the elevation of any other
floor;
[3]
Complete information concerning flood depths, pressures, velocities,
impact and uplift forces, and other factors associated with the base
flood;
[4]
Detailed information concerning any proposed floodproofing measures;
[5]
Cross section drawings for all proposed streets, drives, other
accessways, and parking areas, showing all rights-of-way and pavement
widths;
[6]
Profile drawings for all proposed streets, drives, and vehicular
accessways including existing and proposed grades; and
[7]
Plans and profiles of all proposed sanitary and storm sewer
systems, water supply systems, and any other utilities and facilities.
(e)
The following data and documentation:
[1]
Certification from the applicant that the site upon which the
activity or development is proposed is an existing separate and single
parcel, owned by the applicant or the client he represents;
[2]
Certification from a registered professional engineer, architect,
or landscape architect that the proposed construction has been adequately
designed to protect against damage from the base flood;
[3]
A statement, certified by a registered professional engineer,
architect, landscape architect, or other qualified person which contains
a complete and accurate description of the nature and extent of pollution
that might possibly occur from the development during the course of
a base flood, including a statement concerning the effects such pollution
may have on human life;
[4]
A statement certified by a registered professional engineer,
architect, or landscape architect, which contains a complete and accurate
description of the effects the proposed development will have on base
flood elevation and flows;
[5]
A statement, certified by a registered professional engineer,
architect, or landscape architect, which contains a complete and accurate
description of the kinds and amounts of any loose buoyant materials
or debris that may possibly exist or be located on the site below
the base flood elevation and the effects such materials and debris
may have on base flood elevation and flows;
[6]
The appropriate component of the Department of Environmental
Protection's Planning Module for Land Development;
[7]
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;
[8]
Any other applicable permits such as, but not limited to, a
permit for any activity regulated by the Department of Environmental
Protection under Section 302 of Act 1978-166; and
[9]
An evacuation plan which fully explains the manner in which
the site will be safely evacuated before or during the course of a
base flood.
(3)
Application review procedures. Upon receipt of an application for a special permit by the City of Scranton the following procedures shall apply in addition to those of Subsection B:
(a)
Within three working days following receipt of the application,
a complete copy of the application and all accompanying documentation
shall be forwarded to the County Planning Commission by registered
or certified mail for its review and recommendations. Copies of the
application shall also be forwarded to the City of Scranton Planning
Commission and City of Scranton Engineer for review and comment.
(b)
If an application is received that is incomplete, the City of
Scranton shall notify the applicant in writing, stating in what respect
the application is deficient.
(c)
If the City of Scranton decides to disapprove an application,
it shall notify the applicant, in writing, of the reasons for the
disapproval.
(d)
If the City of Scranton approves an application, it shall file
written notification, together with the application and all pertinent
information, with the Department of Community and Economic Development,
by registered or certified mail, within five working days after the
date of approval.
(e)
Before issuing the special permit, the City of Scranton shall
allow the Department of Community and Economic Development 30 days,
after receipt of the notification by the Department, to review the
application and decision made by the City of Scranton.
(f)
If the City of Scranton does not receive any communication from
the Department of Community and Economic Development during the thirty-day
review period, it may issue a special permit to the applicant.
(g)
If the Department of Community and Economic Development should
decide to disapprove an application, it shall notify the City of Scranton
and the applicant, in writing, of the reasons for the disapproval,
and the City of Scranton shall not issue the special permit.
(4)
Special technical requirements.
(a)
In addition to the requirements of § 459-51D of this
section, the following minimum requirements shall also apply to any
proposed development requiring a special permit. If there is any conflict
between any of the following requirements and those in § 459-51D
of this section or in any other code, ordinance, or regulation, the
more restrictive provision shall apply.
(b)
No application for a special permit shall be approved unless
it can be determined that the structure or activity will be located,
constructed and maintained in a manner which will:
[1]
Fully protect the health and safety of the general public and
any occupants of the structure. At a minimum, all new structures shall
be designed, located, and constructed so that:
[a]
The structure will survive inundation by waters
of the base flood without any lateral movement or damage to either
the structure itself, or to any of its equipment or contents below
the BFE.
[b]
The lowest floor (including basement) will be elevated
to at least 1 1/2 feet above base flood elevation.
[c]
The occupants of the structure can remain inside
for an indefinite period of time and be safely evacuated at any time
during the base flood.
[2]
Prevent any significant possibility of pollution, increased
flood levels or flows, or debris endangering life and property.
(c)
All hydrologic and hydraulic analyses shall be undertaken only
by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the City of Scranton and the Department of Community
and Economic Development.
J.
Existing structures in identified floodplain areas.
(1)
Existing structures. The provisions of this section do not require
any changes or improvements to be made to lawfully existing structures.
However, when an improvement is made to any existing structure, the
provisions of § 459-51J(2) shall apply.
(2)
Improvements. 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 that would cause any increase
in BFE.
(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)
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 section.
(d)
The above activity shall also address the requirements of the
34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC or later
revisions adopted by the City of Scranton.
(e)
Historic structures undergoing repair or rehabilitation that
would constitute a substantial improvement as defined in this section
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 section
requirements will be the minimum necessary to preserve the historic
character and design of the structure.
K.
Variances.
(1)
General. If compliance with any of the requirements of this section
would result in an exceptional hardship to a prospective builder,
developer or landowner, the City of Scranton may, upon request, grant
relief from the strict application of the requirements.
(2)
Variance procedures and conditions.
(a)
Requests for variances shall be considered by the City of Scranton
in accordance with the procedures contained in § 459-11E(3)
of the City of Scranton Zoning Ordinance, File of Council #74, 1993
(as amended), and the following:
[1]
No variance shall be granted for any construction, development,
use, or activity within any Floodway Area/District that would cause
any increase in the BFE.
[2]
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.
[3]
Except for a possible modification of the regulatory flood elevation
requirement involved, no variance shall be granted for any of the
other requirements pertaining specifically to development regulated
by special permit or to development which may endanger human life
(§ 459-51E).
[4]
If granted, a variance shall involve only the least modification
necessary to provide relief.
[5]
In granting any variance, the City of Scranton 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 section.
[7]
In reviewing any request for a variance, the City of Scranton
shall consider, at a minimum, the following:
[a]
That there is good and sufficient cause.
[b]
That failure to grant the variance would result
in exceptional hardship to the applicant.
[c]
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, or
conflict with any other applicable state or local ordinances and regulations.
[8]
A complete record of all variance requests and related actions
shall be maintained by the City of Scranton. In addition, a report
of all variances granted during the year shall be included in the
annual report to the FEMA.
(b)
Notwithstanding any of the above, however, all structures shall
be designed and constructed so as to have the capability of resisting
the one-percent-annual-chance flood.
L.
Definitions.
(1)
General. Unless specifically defined below, words and phrases used
in this section shall be interpreted so as to give this section its
most reasonable application.
(2)
ACCESSORY USE OR STRUCTURE
BASE FLOOD
BASE FLOOD DISCHARGE
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXISTING STRUCTURE
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN AREA
FLOODPROOFING
FLOODWAY
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(a)
(b)
(c)
(d)
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
(a)
(b)
(c)
(d)
REGULATORY FLOOD ELEVATION
REPETITIVE LOSS (or CUMULATIVE SUBSTANTIAL DAMAGE)
SPECIAL FLOOD HAZARD AREA (SFHA)
SPECIAL PERMIT
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNIFORM CONSTRUCTION CODE (UCC)
VIOLATION
Specific definitions. As used in this section, the following terms
shall have the meanings indicated:
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 "100-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, 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.
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 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.
A structure for which the start of construction commenced
August 15, 1980, or before January 1, 1975, for FIRMs effective before
that date. "Existing structure" may also be referred to as "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).
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 flood 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.
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 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 section.
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 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 the effective start date of this floodplain management
regulation amendment adopted by the City of Scranton and includes
any subsequent improvements to such structures. Any construction started
after 8-15-1980 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 floodplain management regulations adopted by a community.
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 community's initial
Flood Insurance Rate Map (FIRM) dated 8-15-1980, 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 community's
initial Flood Insurance Rate Map (FIRM) dated 8-15-1980, 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 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.
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks and subdivisions and
substantial improvements to such existing parks, when such development
is located in all, or a designated portion of, a floodplain.
Includes substantial improvement and other proposed new development
and means the date the 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 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.
A walled and roofed building, including a gas or liquid storage
tank that is principally aboveground, 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% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which 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,
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.
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. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and the IBC.
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 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.
The permanent stripping and removal of more than 50% of the topsoil from any lot is prohibited, except on portions of a lot for which approval has been received from the City to construct a building, street or paving. This section shall not restrict approved mineral extraction uses, the temporary stockpiling and regrading of soil during construction or routine crop farming practices. See § 445-47, Grading and erosion control.