City of Scranton, PA Article V Environmental Protection

§ 445-36 General performance standards.

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.

§ 445-37 Nuisances and hazards to public safety.

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.

§ 445-38 Wetlands.

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.

§ 445-39 Setback from rivers and creeks.

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.

(2) These setbacks shall only apply to portions of these creeks that are above ground as of the adoption of this chapter. See the City Floodplain Map in case a wider area is regulated under the floodplain ordinance.[1]

[1] Editor's Note: See Ch. 250, Flood Damage Prevention.

C. Setback exemptions. The setbacks of this section shall not apply to:

(1) Public utility facilities.

(2) Stormwater control or flood control structures authorized by the City or a state or federal agency.

(3) Publicly owned recreational facilities.

(4) Approved and necessary street and driveway crossings that are approximately perpendicular to the waterway.

D. Setback areas and construction. During any filling, grading or construction activity, all reasonable efforts shall be made to leave the setback areas of this section undisturbed, except at approved waterway crossings. See the grading and erosion control requirements of § 445-47.

§ 445-40 Steep slopes.

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:

(1) Minimum lot area: 30,000 square feet per dwelling unit or per principal nonresidential use.

(2) Maximum impervious coverage: 15% on the lot.

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.

E. Erosion. See § 445-47.

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.

§ 445-41 Storage of explosive and hazardous substances.

A. Storage. See the City fire protection code.[1] See fencing requirement in § 445-48.

[1] Editor's Note: See Ch. 243, Fire Prevention.

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.

§ 445-42 Sewage disposal.

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.

§ 445-43 Noise.

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.

(5) Railroads and aircraft; motor vehicles operating on public streets and highways. See vehicle noise restrictions in the state motor vehicle code.[1]

[1] Editor's Note: See 75 Pa.C.S.A. § 101 et seq.

(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.

§ 445-44 Vibration.

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.

§ 445-45 Odors; dust; air and water pollution.

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.

§ 445-46 Light and glare control.

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.

§ 445-47 Grading and erosion control.

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.

(3) See the City stormwater management ordinance.[1]

[1] Editor's Note: See Ch. 405, Stormwater Management.

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.

§ 445-48 Placement; screening of waste containers; outdoor machinery; fencing of storage.

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:

(1) Outdoor industrial storage areas involving storage covering more than 5,000 square feet of land.

(2) Stationary hazardous machinery and equipment that are outdoors.

(3) Outdoor bulk above ground or surface storage of potentially explosive or hazardous liquids, gases or substances.

§ 445-49 Radioactivity and electrical disturbances.

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.

§ 445-50 Tree preservation.

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.

§ 445-51 Floodplain management requirements.

[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.

[1] Editor's Note: See 32 P.S. § 693.1 et seq.

[2] Editor's Note: See 35 P.S. § 691.1 et seq.

(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.

(b) Penalties. See Section 103[3] of the City of Scranton Zoning Ordinance, File of Council No. 74, 1993 (as amended).

[3] Editor's Note: See § 445-3.

(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.

(b) Upon receipt of such appeal the Zoning Hearing Board shall set a time and place and conduct a hearing in accordance with Section 112[4] of the City of Scranton Zoning Ordinance, File of Council No. 74, 1993 (as amended).

[4] Editor's Note: See § 445-12.

(c) Any person aggrieved by any decision of the Zoning Hearing Board may seek relief there from by appeal to court, as provided by Section 113[5] of the City of Scranton Zoning Ordinance, File of Council No. 74, 1993 (as amended) and the Pennsylvania Flood Plain Management Act.[6]

[5] Editor's Note: See § 445-13.

[6] Editor's Note: See 32 P.S. § 679.101 et seq.

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:

[a] Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water; and

[b] Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

[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.

(k) Electrical components.

[1] Electrical distribution panels shall be at least three feet above the base flood elevation.

[2] Separate electrical circuits shall serve lower levels and shall be dropped from above.

(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:

[1] Elevated, or in the case of a nonresidential structure elevated or designed, and constructed to remain completely dry up to at least 1 1/2 feet above base flood elevation;

[2] Designed to prevent pollution from the structure or activity during the course of a base flood.

(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:

(a) Placed on a permanent foundation.

(b) Elevated so that the lowest floor of the manufactured home is at least 1 1/2 feet above base flood elevation.

(c) Anchored to resist flotation, collapse, or lateral movement.

(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.

H. Special requirements for recreational vehicles. Recreational vehicles in Zones A, A1-30, A99, AH and AE must either:

(1) Be on the site for fewer than 180 consecutive days;

(2) Be fully licensed and ready for highway use; or

(3) Meet the permit requirements for manufactured homes in § 459-51G.

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:

(a) The commencement of any of the following activities, or the construction, enlargement, or expansion of any structure used, or intended to be used, for any of the following activities:

[1] Hospitals.

[2] Nursing homes.

[3] Jails or prisons.

(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.

[6] Whenever a variance is granted, the City of Scranton shall notify the applicant in writing that:

[a] The granting of the variance may result in increased premium rates for flood insurance.

[b] Such variances may increase the risks to life and property.

[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) Specific definitions. As used in this section, the following terms shall have the meanings indicated:

ACCESSORY USE OR STRUCTURE

A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

BASE FLOOD

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").

BASE FLOOD DISCHARGE

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).

BASE FLOOD ELEVATION (BFE)

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.

BASEMENT

Any area of the building having its floor below ground level on all sides.

BUILDING

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.

DEVELOPMENT

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.

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

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.

EXISTING STRUCTURE

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."

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

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).

FLOOD

A temporary inundation of normally dry land areas.

FLOOD INSURANCE RATE MAP (FIRM)

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.

FLOOD INSURANCE STUDY (FIS)

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.

FLOODPLAIN AREA

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.

FLOODPROOFING

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.

FLOODWAY

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.

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE

Any structure that is:

(a) 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;

(b) 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;

(c) Individually listed on a state inventory of historic places in states which have been approved by the Secretary of the Interior; or

(d) Individually listed on a local inventory of historic places in communities with historic preservation that have been certified either:

[1] By an approved state program as determined by the Secretary of the Interior; or

[2] Directly by the Secretary of the Interior in states without approved programs.

LOWEST FLOOR

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.

MANUFACTURED HOME

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.

MANUFACTURED HOME PARK OR SUBDIVISION

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MINOR REPAIR

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.

NEW CONSTRUCTION

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.

NEW MANUFACTURED HOME PARK OR SUBDIVISION

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.

PERSON

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.

POST-FIRM STRUCTURE

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.

PRE-FIRM STRUCTURE

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.

RECREATIONAL VEHICLE

A vehicle which is:

(a) Built on a single chassis;

(b) Not more than 400 square feet, measured at the largest horizontal projections;

(c) Designed to be self-propelled or permanently towable by a light-duty truck;

(d) Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

REGULATORY FLOOD ELEVATION

The base flood elevation (BFE) or estimated flood height as determined using simplified methods plus a freeboard safety factor of 1 1/2 feet.

REPETITIVE LOSS (or CUMULATIVE SUBSTANTIAL DAMAGE)

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.

SPECIAL FLOOD HAZARD AREA (SFHA)

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.

SPECIAL PERMIT

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.

START OF CONSTRUCTION

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.

STRUCTURE

A walled and roofed building, including a gas or liquid storage tank that is principally aboveground, as well as a manufactured home.

SUBDIVISION

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.

SUBSTANTIAL DAMAGE

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.

SUBSTANTIAL IMPROVEMENT

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.

UNIFORM CONSTRUCTION CODE (UCC)

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.

VIOLATION

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.

§ 445-52 Removal of topsoil.

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.