The intent of the regulations set forth in this article is to:
A.
Promote the general welfare, health 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.
The definitions of terms provided herein shall apply to the
enforcement and administration of the regulations contained within
this article:
A flood having a one-percent chance of being equaled or exceeded
in any given year, and also referred to as a "one-hundred-year flood."
The lowest level or story of a building which has its floor
subgrade (below ground level) on all sides.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of manufactured homes.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, the
placement of manufactured homes, streets and other paving, utilities,
filling, grading, excavation, mining, dredging, drilling operations,
storage of equipment or material and the subdivision of land.
The Federal Emergency Management Agency.
The most recent map prepared by FEMA which delineates the
special hazard areas and risk premium zones applicable in the City
of Nanticoke.
The temporary inundation of normally dry land.
The portion of a one-hundred-year floodplain which is beyond
the delineated limits of the floodway, based upon the most current
Flood Insurance Study and FIRM.
A study prepared by FEMA for the City of Nanticoke which
includes an examination, evaluation and determination of flood hazards
an if appropriate, corresponding water surface elevations.
See "base flood."
The areas specifically identified as being subject to inundation
by the base flood and/or the one-hundred-year flood, which is comprised
of a flood-fringe area and floodway as delineated upon the FIRM.
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate and/or improved real property, water and sanitary
facilities, structures and their contents.
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude.
A margin of safety expressed in feet above the flood elevation
of a one-hundred-year flood.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure usable solely for the parking
of vehicles, building access or storage in an area other than a basement
area is not considered a building's lowest floor, provided that
such enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirements.
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly, contained in one or more sections,
built on a permanent chassis, which arrives at a site complete and
ready for occupancy except for minor and incidental unpacking and
assembly operations, and constructed so that it may be used with or
without a permanent foundation. 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 of land under single ownership which has been planned
and improved for the placement of two or more manufactured homes for
nontransient use.
Any structure or assembly of materials including fill above
or below the surface of land or water and any activity which might
impede, retard or change flood flows.
A vehicle which exhibits the following:
Is built upon a single chassis.
Is 400 square feet or less when measured at the largest horizontal
projections.
Is designed to be self-propelled or permanently towable by a
light-duty truck.
Is designed primarily not for use as a permanent dwelling but
as temporary living quarters for recreational, camping, travel or
seasonal use.
Any repair, reconstruction or improvement of a structure,
the cost of which equals 50% of the market value of the structure
either before the improvement or repair is started or, if the structure
has been damaged and is being restored, before the damage occurred.
The term does not, however, include either:
Any project for improvement of a structure to correct existing
violations of state or municipal health, sanitary or safety code specifications
which are identified by the municipal code enforcement official and
which are the minimum necessary to assure safe living conditions;
or
Any alteration of a historic structure.
The provisions of this article supersede 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 among any of the provisions of this article
and chapter or any other ordinance of the City of Nanticoke, the more
restrictive shall apply.
A.
The degree of flood protection sought by the provisions of this article
is considered reasonable for regulatory purposes and is based upon
acceptable engineering methods of study. Larger floods may occur.
Flood heights may be increased by man-made or natural causes, such
as ice jams and bridge openings restricted by debris. This article
does not imply that areas outside the various one-hundred-year flood
area(s) or that land uses permitted within such areas will be free
from flooding or flood damages.
B.
The provisions and regulations contained within this article shall
not create liability on the part of the City of Nanticoke or any officer
or employee thereof for any flood damages that result from reliance
on this article or of any decision lawfully made thereunder.
In addition to the provisions contained in Article IV of this chapter, the following information and requirements shall apply:
A.
The delineation of the boundaries of the one-hundred-year floodplain
and any applicable floodway shall be clearly illustrated upon the
plan.
B.
The base flood elevations upon the site and the existing and proposed
topographical contours at intervals of two feet shall be provided
and clearly illustrated upon the plan.
C.
The proposed use and development of the site shall be fully defined
and overlaid upon the delineated flood boundaries and clearly illustrated
upon the plan.
D.
Written agreement with the developer that fully acknowledges any
approval of the proposed subdivision and/or land development shall
be conditioned upon the inclusion of deed restrictions which shall
provide:
(1)
That all development, uses, structures and buildings are designed
and constructed to be elevated with 1 1/2 feet of freeboard or
floodproofed in accordance with the applicable regulations of the
building regulations of the City of Nanticoke.
(2)
Any portion of the site which is located within a delineated
floodway shall remain as undisturbed open space.
(3)
Any other provisions which the Planning Commission deems necessary
to ensure the public health, safety and welfare of the general public.
In addition to the provisions contained in Article V of this chapter, the following information and requirements shall apply:
A.
The final plan shall include all information provided upon the preliminary
plan and any changes or modifications required by the Planning Commission
in granting such approval.
B.
Certification that all structures and/or buildings within the development
have been and/or will be floodproofed or elevated with 1 1/2
feet of freeboard. Certification shall include the submission of elevation
certificates and/or floodproofing certificates.
A.
All buildings, structures and development shall be designed, located
and constructed in such a manner 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.
B.
Building sites for residences or any other type of dwelling or accommodation
shall not be permitted in any floodway. Building sites for residences
or any other type of dwelling or accommodation may be permitted in
a flood-fringe area, if the building sites and the lowest floor of
any structure, including basements, are elevated to a height of not
less than 1 1/2 feet above the elevation of the one-hundred-year
flood. If fill is used to raise the elevation of the site, the following
regulations shall apply:
(1)
The fill area shall extend laterally for a distance of at least
15 feet beyond the building line from all points.
(2)
The fill shall solely consist of soil or small rock material.
(3)
The fill shall be compacted to provide the necessary permeability
and resistance to erosion, scouring and settling.
(4)
The fill shall be no steeper than one vertical foot for each
two horizontal feet, unless substantiated data justifying steeper
slopes are submitted to and approved by the Building Code Officer
of the City of Nanticoke.
(5)
Fill shall only be permitted to be used to the extent that it
does not adversely affect adjacent properties.
C.
Building sites for structures and/or buildings for nonresidential
uses shall not be permitted in any floodway area. Building sites for
structures and/or buildings for nonresidential uses may be permitted
within a flood-fringe area if the building sites and the lowest floor
of any structure, including basements, are elevated to a height of
not less than 1 1/2 feet above the elevation of the one-hundred-year
flood or if the proposed structures and/or buildings are floodproofed
to preclude the infiltration of any floodwaters.
D.
If the Planning Commission determines that only a portion of the
entire site can be safely developed, it shall have the discretion
to limit development to that portion and shall require that the plan
be resubmitted in a manner consistent with its determination.
E.
If an applicant for a proposed subdivision and/or land development
does not intend to construct structures and/or buildings upon any
or all sites or lots within the proposed subdivision and/or land development,
the Planning Commission shall require the imposition of deed restrictions
to ensure all applicable floodproofing requirements of the City of
Nanticoke shall be met. Such deed restrictions shall be included in
every deed and noted upon the recorded plan prior to final approval
and the recording of the plan.
In addition to compliance with all applicable provisions under Article VIII of this chapter, the finished elevation of proposed streets shall not be below the elevation of the one-hundred-year flood. Profiles, cross sections and elevations of streets shall be required for verification of compliance with the requirement. Drainage openings shall be sufficient to discharge flood flows without unduly increasing flood heights.
In addition to compliance with all applicable provisions under Article VIII of this chapter, all new and/or replacement sanitary sewer facilities located within a one-hundred-year floodplain shall be located, designed and constructed to minimize or eliminate flood damage and the infiltration of floodwaters. Said facilities and systems shall also be designed to prevent the discharge of sewage into floodwaters.
In addition to compliance with all applicable provisions under Article VIII of this chapter, all new and/or replacement water facilities located within a one-hundred-year floodplain shall be located, designed and constructed to minimize or eliminate flood damage and the infiltration of floodwaters.
In addition to compliance with all applicable provisions under Article VIII of this chapter, 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.
In addition to compliance with all applicable provisions under Article VIII of this chapter, the following shall apply:
A.
Required easements.
(1)
Any proposed subdivision and/or land development shall be designed
to regulate stormwater runoff in such a manner which ensures that
peak runoff rate at all points of discharge from the site, when developed,
shall not exceed the peak runoff rate at each of those points prior
to development.
(2)
When a proposed subdivision and/or land development is traversed
by a watercourse, the following provisions shall apply:
(a)
If the watercourse is included within the Flood Insurance Study
and related FEMA mapping, an easement shall be provided which conforms
to and includes the line of the watercourse and any floodway of the
watercourse.
(b)
If the watercourse is not included within the Flood Insurance
Study and related FEMA mapping, and no other technical data can be
provided, an easement shall be provided which conforms to and includes
the line of the watercourse and a distance of not less than 50 feet
landward from the top-of-bank of the watercourse.
(c)
The easement, at the discretion of the Planning Commission,
may include defined points to allow municipal access along and into
the watercourse for periodic maintenance and debris removal.
(3)
The easement shall prohibit any type of development, including,
but not limited to, excavation and placement of fill, or any other
form of alteration of the land which could adversely affect the flow
and/or drainage of water.
B.
Accommodation of upstream drainage. A culvert or other drainage facility
shall in each case be large enough to accommodate potential runoff
from its entire upstream drainage area, whether inside or outside
the subdivision. The City Engineer shall give approval to the necessary
size of the facility, based on the provisions of the construction
standards and specifications assuming conditions of maximum runoff
rate calculated by the applicant and reviewed by the City Engineer.
The calculation of this runoff rate shall take into account any land
use and development regulations, including runoff controls, in effect
in the tributary areas.
C.
Effect of downstream drainage areas. No stormwater runoff or natural
drainage shall be so diverted as to overload existing drainage systems
or create potential flooding or the need for additional drainage structures
on other private properties or public lands without approved provisions
being made by the developer for properly handling such conditions.
The Planning Commission shall withhold approval of the subdivision
until provisions have been made for the improvement of said potential
conditions. No subdivision shall be approved unless adequate drainage
will be provided to an adequate drainage watercourse or facility.
D.
Use of detention facilities. The proposed use of any type of detention
facility shall be subject to verification that design and construction
of any such facility shall not result in adversely affecting any downstream
areas which are included within a one-hundred-year floodplain or result
in adversely affecting potential downstream peaking conditions.
Any proposed subdivision and/or land development shall be required to provide an erosion and sedimentation control plan in conformance with § 455-85 of this chapter.
In addition to all other applicable limitations and restrictions,
the proposed development of a manufactured home park, a hospital,
nursing home or jail within the context of either a subdivision or
a land development shall be prohibited within any area of land which
is within the boundaries of a delineated one-hundred-year floodplain.
