Stroudsburg City Zoning Code
PART 11
FLOODING AND FLOOD FRINGE AREAS
§ 27-1101 Purpose.
[Ord. 597, 10/14/1983; as reenacted by Ord. 610, 7/30/1985]
The purpose of these provisions is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:
1.
Regulating uses, activities, and development which, acting alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities and frequencies.
2.
Restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding.
3.
Requiring all those uses, activities, and developments that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage.
4.
Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.
5.
Protecting the quality and quantity of surface and subsurface water supplies adjacent to and underlying flood hazard areas.
§ 27-1102 Warning and Disclaimer of Liability.
[Ord. 597, 10/14/1983; as reenacted by Ord. 610, 7/30/1985]
The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams, and bridge openings restricted by debris. This chapter does not imply that areas outside the flood plain districts, or that land uses permitted within such districts will be free from flooding or flood damages. This chapter shall not create liability on the part of the Borough of Stroudsburg or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
§ 27-1103 Establishment of the Floodplain Districts.
[Ord. 597, 10/14/1983; as amended by Ord. 610, 7/30/1985]
The Floodplain District shall include all areas subject to inundation by waters of the one-hundred-year flood (regulatory flood). The basis for the delineation of these districts shall be the Type 15 Flood Insurance Study for the Borough of Stroudsburg, prepared by the U.S. Department of Housing and Urban Development, which is declared to be a part of this chapter. The Floodplain District shall be deemed an overlay on any existing, or hereafter established, zones or districts within the Borough. The provisions of the Floodplain District shall serve as a supplement to the Zoning District Provision. Where there happens to be any conflict between the provisions or requirements of the Floodplain District and those of any Zoning District, the more restrictive provisions shall apply. Prior to any revision of the delineation of any Floodplain Districts, approval must be obtained from the Federal Insurance Administration. The Floodplain District shall be comprised of three subdistricts as follows:
1.
Floodway (F1). That portion of the Floodplain District required to carry and discharge the waters of the one-hundred-year flood without increasing the water surface elevations at any point more than one foot above existing conditions, as demonstrated in the Type 15 Flood Insurance Study for the Borough of Stroudsburg referenced above.
2.
Floodway Fringe (F2). Those portions of land within the Floodplain District subject to inundation by the one-hundred-year flood, lying beyond the floodway in areas where detailed study data and profiles are made available by the Borough's Type 15 Flood Insurance Study. In any Flood-Fringe area the development and/or use of land shall be permitted in accordance with the regulations of the underlying district provided that all such cases, activities, and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in all other applicable codes and ordinances and regulations including the Building Code and the Subdivision Regulations. For any mobile home park or subdivision within the Flood-Fringe the owner or operator of the mobile home park or subdivision shall file with the Disaster Preparedness Authorities of Monroe County and Borough of Stroudsburg, an evacuation plan which indicates alternate vehicular access routes and escape routes.
3.
Approximated Floodplain (F3). Those portions of land within the Floodplain District subject to inundation by the one-hundred-year flood, where a detailed study has not been performed but where a one-hundred-year floodplain boundary has been approximated by the Borough's Type 15 Flood Insurance Study. In the Approximated Floodplain the development and/or use of land shall be permitted in accordance with the regulations of the underlying district provided that all such uses, activities, and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in all other applicable codes and ordinances, including the Building Code and the Subdivision regulations. For any mobile home park or subdivision within the approximated floodplain the owner or operator of the mobile home park or subdivision shall file with the Disaster Preparedness authorities of Monroe County and the Borough of Stroudsburg, an evacuation plan which indicates alternate vehicular access routes and escape routes.
In addition, whenever a developer intends to alter or relocate a watercourse within the approximated floodplain, the developer shall notify in writing by certified mail all adjacent communities and the Pennsylvania Department of Community Affairs of all such intended activities prior to any alteration or relocation of the watercourse, and shall submit copies of such notifications to the Federal Insurance Administrator. The developer shall also assure the Borough, in writing, that the flood-carrying capacity within the altered or relocated portion of the watercourse in question will be maintained.
A.
Revisions to Floodplain District Boundaries. The delineation of Floodplain District Boundaries may be revised, amended and/or modified by the Borough Council in compliance with provisions of the National Flood Insurance Program when:
§ 27-1104 District Provisions.
[Ord. 597, 10/14/1983; as reenacted by Ord. 610, 7/30/1985]
Under no circumstances shall any use, activity and/or development reduce the carrying capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system. Prior to any proposed alteration or relocation of any stream, watercourse, or any other drainage facility within the Borough of Stroudsburg, a permit shall be obtained from the Department of Environmental Resources, Dams and Encroachment Division. Further notification of the proposal shall be given to all affected adjacent municipalities. Copies of such notification shall be forwarded to both the Federal Insurance Administration and the Department of Community Affairs.
§ 27-1105 Floodway District.
[Ord. 597; 10/14/1983; as amended by Ord. 610, 7/30/1985]
In the floodway district no development shall be permitted except where the effect of such development on flood heights is fully offset by accompanying stream improvements which have been approved by the Pennsylvania Department of Environmental Resources, Dams and Encroachment Division.
1.
Permitted Uses. In the floodway district the following uses and activities are permitted provided that they are in compliance with the provisions of the zoning district and are not prohibited by any other chapter and provided that they do not require structures, fill, or storage of materials and equipment.
A.
Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.
B.
Public and private recreational uses and activities, such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking, and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries and fishing areas.
C.
Miscellaneous uses such as yard areas, gardens, play areas, and pervious parking areas.
2.
Uses Permitted by Special Exception. The following uses and activities may be permitted by special exception provided that they are not in compliance with the provisions of the underlying zoning district and are not prohibited by any other ordinance:
B.
Utilities and public facilities and improvements, such as railroads, streets, bridges, transmission lines, pipe lines, and other similar or related uses.
C.
Water-related uses and activities, such as marinas, docks, wharves, piers, etc.
D.
Extraction of sand, gravel, and other materials.
E.
Temporary uses, such as circuses, carnivals, and similar activities.
F.
Refer to section.
3.
Prohibited Uses.
A.
Within any floodway district, the following shall be prohibited:
(2)
The commencement of, or any construction of, a new mobile home park or mobile home subdivision, or substantial improvement to an existing mobile home park or mobile home subdivision.
(3)
The construction, reconstruction, enlargement, or expansion of any structure which will be used for the production and/or storage of any of the following materials or substances which are considered to be potentially dangerous to human life:
(a)
Acetone.
(b)
Ammonia.
(c)
Benzene.
(d)
Calcium carbide.
(e)
Carbon disulfide.
(f)
Celluloid.
(g)
Chlorine.
(h)
Hydrochloric acid.
(i)
Hydrocyanic acid.
(j)
Magnesium.
(k)
Nitric acid and/or oxides of nitrogen.
(l)
Petroleum products (gasoline, fuel oil, etc.).
(m)
Phosphorus.
(n)
Potassium.
(o)
Sodium.
(p)
Sulphur and sulphur products.
(q)
Pesticides (including insecticides, fungicides, herbicides, and rodenticides).
(r)
Radioactive substances, insofar as such substances are not otherwise regulated.
(5)
Will involve the production, storage, or use of any amount of radioactive substances.
§ 27-1106 Flood Fringe (F2) or Approximated Floodplain (F3) District.
[Ord. 597, 10/14/1983; as amended by Ord. 610, 7/30/1985]
In the Flood Fringe or general Floodplain District the development and/or use of land shall be permitted in accordance with the regulations of the underlying zoning district provided that all such uses, activities, and/or development shall be undertaken in strict accordance with the flood-proofing and related provisions contained in all other applicable codes and ordinances. Furthermore, where permitted within any flood-fringe or general floodplain district, any structure of the kind enumerated in § 27-1105, Subsection 3A3, above shall be:
1.
Elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the one-hundred-year flood; and,
2.
Designed to prevent pollution from the structure or activity during the course of a one-hundred-year flood.
3.
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), or some other equivalent watertight standard.
§ 27-1107 Application Requirements for Special Permits.
[Added by Ord. 610, 7/30/1985]
Applications for Special Permits shall provide five copies of the following:
1.
A written request including a completed Building Permit Application Form.
2.
A small scale map showing the vicinity in which the proposed site is located.
3.
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.
Topography based upon the National Geodetic Vertical Datum of 1929, showing existing and proposed contours at intervals of two feet;
C.
All property and lot lines including dimensions, and the size of the site expressed in acres for square feet;
D.
The location of all existing streets, drives other accessways, and parking areas, with information concerning widths, pavement types and construction, and elevations;
E.
The location of any existing bodies of water or water-courses, 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;
F.
The location of the flood plain boundary line, information and spot elevations concerning the one-hundred-year flood elevations, and information concerning the flow of water including direction and velocities;
G.
The location of all proposed buildings, structures, utilities and any other improvements; and
H.
Any other information which the municipality considers necessary for adequate review of the application.
4.
Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at suitable scale showing the following:
A.
Sufficiently detailed architectural or engineering drawings including floor plans, sections, and exterior building elevations, as appropriate;
B.
For any proposed building, the elevation of the lowest floor (including basement) and, as required, the elevation of any other floor;
C.
Complete information concerning flood depths, pressures, velocities, impact and uplift forces, and other factors, associated with the one-hundred-year flood;
D.
Detailed information concerning any proposed flood-proofing measures;
E.
Cross-section drawings for all proposed streets, drives, other accessways, and parking areas, showing all rights-of-way and pavement widths;
F.
Profile drawings of all proposed streets, drives, and vehicular accessways including existing and proposed grades; and;
G.
Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems, and any other utilities and facilities.
5.
The following data and documentation:
A.
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 here presents;
B.
Certification from a registered professional engineer, architect, or landscape architect that the proposed construction has been adequately designed to protect against damage from the one-hundred-year flood;
C.
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 extend to pollution that might possibly occur from the development during the course of one-hundred-year flood, including a statement concerning the effects such pollution may have on human life;
D.
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 one-hundred-year flood elevations and flows;
E.
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 one-hundred-year flood elevations and the effects such materials and debris may have on one-hundred-year flood elevations and flows:
F.
The appropriate component of the Department of Environmental Resources "Planning Module for Land Development";
G.
Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Resources to implement and maintain erosion and sedimentation control;
H.
Any other application permits such as, but not limited to, a permit for any activity regulated by the Department of Environmental Resources under § 302 of Act 1978-166; and;
I.
An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a one-hundred-year flood.
§ 27-1108 Application Review Procedures for Special Permits.
[Added by Ord. 610, 7/30/1985]
Upon receipt of an application for a Special Permit by the Borough, the following procedures shall apply in addition to all other applicable permit procedures in effect:
1.
Within three working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the Monroe County Planning Commission by registered or certified mail for its review and recommendations. Copies of the application shall also be forwarded to the Borough Planning Commission and Borough Engineer for review and comment.
2.
If an application is received that is incomplete, the Borough shall notify the Applicant in writing, stating in what respects the application is deficient.
3.
If the Borough decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.
4.
If the Borough approves an application, it shall file written notification, together with the application and all pertinent information, with the Department of Community Affairs, by registered mail, within five working days after the date of approval.
5.
Before issuing the Special Permit, the Borough shall allow the Department of Community Affairs 30 days, after receipt of the notification by the Department, to review the application and the decision made by the Borough.
6.
If the Borough does not receive any communication from the Department of Community Affairs during the 30 days review period, it may issue a Special Permit to the applicant.
7.
If the Department of Community Affairs should decide to disapprove an application, it shall notify the Borough and the applicant, in writing, of the reasons for the disapproval, and the Borough shall not issue the Special Permit.
§ 27-1109 Technical Requirements for Developments Requiring a Special Permit.
[Added by Ord. 610, 7/30/1985]
In addition to any other applicable requirements, the following provisions shall also apply to the activities requiring a Special Permit. If there is any conflict between any of the following requirements and any otherwise applicable provision, the more restrictive provision will apply.
1.
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:
A.
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:
(1)
The structure will survive inundation by waters of the one-hundred-year flood without any lateral movement or damage to either the structure itself, or to any of its equipment or contents below the one-hundred-year flood elevation.
(2)
The lowest floor elevation (including basement) will be at least 1 1/2 feet above the one-hundred-year flood elevation.
(3)
The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the one-hundred-year flood.
B.
Prevent any significant possibility of pollution, increased flood levels or flows, or debris endangering life and property.
2.
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 Borough and the Pennsylvania Department of Community Affairs.
§ 27-1110 Special Exceptions.
[Ord. 597, 10/14/1983; as amended by Ord. 610, 7/30/1985]
In passing upon applications for special exceptions, as provided for in § 27-1105, Subsection 2, the Zoning Hearing Board shall consider all relevant factors specified in other sections of the chapter and:
1.
The danger to life and property due to increased flood heights or velocities caused by encroachments.
2.
The danger that materials may be swept on to other lands or downstream to the injury of others.
3.
The proposed water supply and sanitation systems and the ability of those systems to prevent disease, contamination, and unsanitary conditions.
4.
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
5.
The importance of the services provided by the proposed facility to the community.
6.
The requirements of the facility for a waterfront location.
7.
The availability of alternative locations not subject to flooding for the proposed use.
8.
The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
9.
The relationship of the proposed use to the comprehensive plan and flood plain management program for the area.
10.
The safety of access to the property in times of flood of ordinary and emergency vehicles.
11.
The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.
12.
Such other factors which are relevant to the purpose of this chapter.
§ 27-1111 Special Exception Procedures.
[Ord. 597, 10/14/1983; as reenacted by Ord. 610, 7/30/1985]
Upon receiving an application for a special exception, the Zoning Hearing Board may, prior to rendering a decision thereon, require the applicant to furnish some of the following material as is deemed necessary by the Board.
1.
Plans in triplicate drawn to scale showing the nature, location, dimensions and elevation of the lot and existing and proposed uses; photographs showing existing uses and vegetation; soil types and other pertinent information.
2.
A series of cross-sections at twenty-five foot intervals along the lot shoreline, showing the stream channel or the lake or pond bottom, and elevation of adjoining land areas, to be occupied by the proposed uses, and high water information.
3.
Profile showing the slope of the bottom of the channel, lake or pond.
4.
Specifications for building materials and construction, floodproofing, filling, dredging, grading, storage, water supply, and sanitary facilities.
5.
Computation of the increase, if any, in the height of flood stages which would be attributable to any proposed uses.
§ 27-1112 Nonconformities.
[Ord. 597, 10/14/1983; as amended by Ord. 610, 7/30/1985]
A structure or use of a structure or premises which is not in conformity with these provisions may be continued subject to the following conditions:
1.
Existing nonconformities (structures and/or uses) located in the floodway district shall not be expanded or enlarged (unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying stream improvements).
2.
The modification, alteration, repair, reconstruction, or improvement of any kind to a nonconformity (structure and/or use) regardless of location, to an extent or amount of 50% or more of its market value shall be undertaken only in full compliance with the provisions of the Borough Building Code and any other applicable codes and ordinances.