West Hazleton City Zoning Code
ARTICLE 12
Floodplain Management
§ 145-1201 Intent.
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 nature drainage.
D.
Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding.
§ 145-1202 Special Definitions.
The definition of terms provided herein shall apply to the enforcement and administration of the regulations contained within this Article.
A use or structure on the same lot with, and of a nature, customarily incidental and subordinate to the principal use or structure.
A flood having a one percent (1%) chance of being equaled or exceeded in any given year and also referred to as a one hundred (100) year flood.
The lowest level or story of a building which has its floor subgrade (below ground level) on all sides.
A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and vapor.
Any man-made change to improved or unimproved real estate, including nut 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.
A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to water.
The Federal Emergency Management Agency.
The most recent map prepared by FEMA which delineates the special hazard areas and risk premium zones applicable in Wright Township.
The temporary inundation of normally dry land. FLOOD, ONE HUNDRED (100) YEAR—See “base flood.”
A study prepared by FEMA for Wright Township which includes an examination, evaluation and determination of flood hazards, and if appropriate, corresponding water surface elevations.
The areas specifically identified as being subject to inundation by the base flood and/or the one hundred (100) year flood, which may be comprised of a special floodplain area, general floodplain area, a flood fringe area and a floodway as delineated in the flood insurance study and accompanying flood insurance rate maps.
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 flood waters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the one hundred (100) year magnitude.
A margin of safety, expressed in feet above the flood elevation of a one hundred (100) year flood.
Any structure that is:
Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.
Individually listed on a State inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior.
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood resistant partially enclosed area used solely for the parking of vehicles, building access or 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 the structure is in violation of the applicable nonelevation design requirements contained within this Article.
A transportable, single-family dwelling intended for permanent occupancy, office, or place of assembly, contained in one (1) 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 one hundred eighty (180) consecutive days.
Parcel of land under single ownership, which has been planned and improved for the placement of two (2) or more manufactured homes for nontransient use.
Structure for which the start of construction commenced on or after __________ _____20 _____ and includes any subsequent improvements thereto.
[Amended 8-12-2013 by Ord. No. 236]
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 four hundred (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.
Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damage condition would equal or exceed fifty percent (50%) of more of the fair market value of the structure before the damage occurred, as determined by a qualified appraiser and submitted by the applicant.
Any repair, reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction or the improvement as determined by a qualified appraiser and submitted by the applicant.
This term includes structures which have incurred substantial change, regardless of the actual repair work performed. The term does not, however, include either (a) 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 (b) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
§ 145-1203 Abrogation and Greater Restrictions.
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 Wright Township, the more restrictive shall apply.
§ 145-1204 Severability.
Should any section or provision contained within this Article be declared invalid by a court of competent jurisdiction, such decisions shall not affect validity of this Chapter as a whole, or any other part thereof.
§ 145-1205 Warning and Disclaimer of Liability.
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 (100) year flood district(s), or that land uses permitted within such district(s) 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 Wright Township or any officer or employee thereof for any flood damages that result from reliance on this Article or of any decision lawfully made thereunder.
§ 145-1206 Overlay of Floodplain Districts.
The various one hundred (100) year floodplain districts within a one hundred (100) year floodplain shall include all areas which are subject to inundation by waters of a one hundred (100) year flood. The source of delineating the boundaries of the various one hundred (100) year floodplain districts shall be based upon the most recent Flood Insurance Study and Flood Maps as prepared by FEMA. The various one hundred (100) year floodplain districts shall be deemed an overlay on any existing or hereafter established zones or districts upon Wright Township's Official Zoning Map.
§ 145-1207 Identification of One Hundred (100) Year Floodplain Districts.
A.
Floodway Area. The area identified as the floodway in the AE Zone in the Flood Insurance Study prepared by FEMA. The term shall also include the floodway areas which have been identified in other available studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study.
B.
Flood Fringe Area.
(1)
The remaining portions of the one hundred (100) year floodplain in those areas identified as an AE Zone in the Flood Insurance Study, where a floodway has been delineated.
(2)
The basis for the outermost boundary of this area shall be the one hundred (100) year flood elevations as shown in the flood profiles contained in the Flood Insurance Study.
C.
Special Floodplain Area. The areas identified as an AE Zone in the Flood Insurance Study, where one hundred (100) year flood elevations have been provided, but where no floodway has been delineated.
D.
General Floodplain Area.
(1)
The areas identified as Zone A in the Flood Insurance Study for which no one hundred (100) year elevations have been provided. When available, information from other Federal, State, and other acceptable sources shall be used to determine the one hundred (100) year elevation, as well as the floodway area, if possible. When no other information is available, one hundred (100) year elevation shall be determined by using a point on the boundary of the identified floodplain areas which is nearest the construction site in question.
(2)
In lieu of the above, the Township may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be only undertaken by professional engineers or others of demonstrated qualifications, who shall certify the technical methods used correctly reflect currently acceptable technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detain to allow a thorough technical review by the Township.
A zoning permit and approval of the same shall be required for the use of any property located within any of the above noted flood districts which constitutes a development in accordance with the definition of said term as provide under §145-1202 of this Chapter. |
§ 145-1208 Changes to Delineated Boundaries.
The delineation of a one hundred (100) year floodplain as provided for under §145-1207, may be modified by the Wright Township Board of Supervisors, subject to approval by FEMA, where studies and/or information documents the need for such revision. Any change shall be subject to compliance with the following:
A.
The party supplying the required documentation shall be submitted under the signature of a registered professional engineer who is qualified to perform hydrologic and hydraulic computations.
B.
The party submitting such documentation shall confirm with FEMA that the methodology and data contained therein is consistent with that used in the preparation of the most recent Flood Insurance Study for Wright Township. Said confirmation from FEMA shall be secured in writing.
C.
All information and documentation provided for under this Article for any proposed modification of the boundaries of a one hundred (100) year flood shall be submitted concurrently to both FEMA and to the Pennsylvania Department of Community and Economic Development, Strategic Planning and Operations Office.
D.
Prior to the Wright Township Board of Supervisors’ approval of any proposed modifications of the boundaries of a one hundred (100) year floodplain, written approval and concurrence of the subject modification from FEMA shall be secured.
E.
Any proposed modification of a boundary of a one hundred (100) year flood plan shall be governed by the applicable provisions contained in Article 14 of this chapter.
§ 145-1209 Initial Determination of Boundaries.
The Zoning Officer, in the course of reviewing proposed developments, shall be responsible for determining the applicable boundaries of a one hundred (100) year floodplain. Any party who wishes to dispute or challenge the determination of the Zoning Officer may appeal such decision to the Wright Township Zoning Hearing Board. The burden of proof shall be on the appellant.
§ 145-1210 Alterations to Watercourses.
No encroachment, alteration or improvements of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by Wright Township or the party proposing such, and until all required permits or approvals have been first obtained from the Pennsylvania Department of Environmental Protection, Bureau of Waterways Engineering and FEMA. In addition, Pennsylvania Department of Community and Economic Development, Strategic Planning and Operations Office, shall be notified prior to any alteration or relocation of any watercourse. Any party proposing an alteration to a watercourse must provide all necessary documentation to certify that the flood carrying capacity within the watercourse shall be maintained upon completion of the proposed alteration.
§ 145-1211 Floodway Restrictions.
A.
Within an identified floodway no encroachment shall be permitted, including fill, new construction, substantial improvements, and other type of development, unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels during the occurrence of a one hundred (100) year flood. Such analysis shall be performed by a registered professional engineer, who is qualified to perform hydrologic and hydraulic computations. The applicant’s engineer shall be required to:
(1)
Contact the FEMA regional office in Philadelphia to confirm that the proposed methodology and date are consistent with those used in the preparation of the applicable Flood Insurance Study for Wright Township. Said confirmation from FEMA shall be secured in writing.
(2)
Include with said analysis all necessary information including but not necessarily limited to valley cross sections, plan views, all assumptions and computations, and bridge, culvert, drainage basins and dam data, if applicable.
(3)
Provide written certification that the proposed encroachment will not result in any increased flood heights during the occurrence of a one hundred (100) year flood.
B.
The above information shall be submitted to the Zoning Officer, the Township Engineer, FEMA and DEP for review and comment. In addition to receiving a positive review and approval from FEMA, the applicant shall be required to secure a water obstruction permit from DEP under 25 Pa. Code, Chapter 105. No zoning permit shall be issued until the Zoning Officer finds that all applicable requirements have been met.
§ 145-1212 Special Requirements for the Special Floodplain Area and General Floodplain Area.
A.
Within any special floodplain area, no new construction or development shall be allowed unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the elevation of the one hundred (100) year flood more than one (1) foot at any point.
B.
Within any special floodplain area or general floodplain area the following provisions shall apply:
(1)
No new construction or development shall be located within the area measured fifty (50) feet landward from the top of bank of any watercourse.
(2)
Any new construction or development, which would cause an increase in the one hundred (100) year flood heights shall be prohibited within any floodway area.
§ 145-1213 Structural Anchoring and Floodproofing Requirements.
All buildings and structures which represent new construction and/or substantial improvement shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse and lateral movement. The Zoning Officer shall require the applicant to submit the written opinion of a registered professional engineer that the proposed structural design meets this standard prior to the issuance of a zoning permit.
§ 145-1214 Issuance of Building Permit.
Prior to the issuance of any building permit, the Code Enforcement Officer or the person so authorized by Wright Township to issue building permit 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 (1966-537, as amended), the Pennsylvania Dam Safety Act (1937-394, as amended), the United States Clean Water Act, §404, 33 U.S.C. 1344. No building permit shall be used until such a determination has been made.
§ 145-1215 Floodproofing.
Zoning approval of any proposed use, development and/or substantial improvement, which is located within a one hundred (100) year floodplain shall be conditioned upon strict compliance with all applicable floodproofing provisions as contained within this Article and all other applicable codes and ordinances of Wright Township, including but not limited to the following standards:
A.
Residential. Any new construction or substantial improvement to residential structures located completely or partially within a one hundred (100) year floodplain shall be designed and constructed to have the lowest floor, including basement, elevated to not less than one and onehalf (1½) feet above the corresponding base flood elevation.
B.
Nonresidential. Any new construction or substantial improvement to nonresidential structures located completely or partially within an identified one hundred (100) year floodplain shall be designed and constructed to provide:
(1)
The lowest floor, including basement, shall be elevated not less than one and one-half (1½) feet above the corresponding base flood elevation.
(2)
Any nonresidential structure, or part thereof, having a lowest floor (including basement) which is not elevated to at least one and one-half (1½) feet above one hundred (100) year flood elevation, shall be floodproofed in a completely or essentially dry manner in accordance with the standards contained in the publication titled, "Floodproofing Regulations," published by the U.S. Army Corps of Engineers, dated March 31, 1992, or the most recent revision to said publication. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the aforementioned standards.
C.
Accessory Structures. Accessory structures to a principal building or use need not to be elevated or floodproofed to remain dry, but shall comply, at minimum with the following requirements:
(1)
The structure shall not be designed or used for human habitation, but shall be limited to the parking and storage of vehicles, or for the storage of tools, material and equipment related to the principal use or activity.
(2)
The gross floor area shall not exceed seven hundred fifty (750) square feet.
(3)
The structure shall have a low damage potential.
(4)
The structure shall be located upon the site so as to cause the least obstruction to the flow of floodwaters.
(5)
Power lines, wiring and outlets shall be not less than one and one-half (1½) feet above the one hundred (100) year 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 and movement and shall be designed to automatically provide for the entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on the walls. Design for meeting this requirement must be certified by either a registered professional engineer or architect, or meet or exceed the following minimum criteria.
(a)
A minimum of two (2) openings having a net total area of not less than one (1) square inch for every square foot of enclosed space.
(b)
The bottom of all openings shall be no higher than one (1) foot above grade.
(c)
Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided they permit the automatic entry and exit of floodwaters.
D.
Manufactured Homes.
(1)
Where permitted in accordance with the underlying zoning districts, all manufactured homes and improvements thereto which are located completely or partially within an identified one hundred (100) year floodplain shall be governed by the following provisions:
(2)
Within any identified floodway, manufactured homes shall be prohibited.
E.
Use of Fill. If fill is to be used to raise the lowest floor of the structure, including basement, to an elevation of one and one-half (1½) feet above the base flood elevation the fill shall:
(1)
Extend laterally at least fifteen (15) feet beyond the building line from all points.
(2)
Consist only of soil or small rock materials.
(3)
Be compacted to provide necessary permeability and resistance to erosion, scouring or settling.
(4)
Be no steeper than one(1) vertical to two (2) horizontal unless substantial data justifying steeper slopes are submitted to, and approved by the Code Enforcement Officer or the person so authorized by Wright Township to issue building permits.
(5)
Be utilized in a manner and extent to which it does not adversely affect adjacent properties.
F.
Drainage Facilities. Storm drainage facilities shall be designed to convey the flow of storm water 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.
§ 145-1216 Utilities.
A.
New and replacement public and private utilities and facilities, such as sanitary sewers, gas lines, electric systems, telephone systems and water systems shall be designed and constructed to minimize or eliminate flood damages.
B.
Within any structure the following items shall be either floodproofed or elevated to be not less than one and one-half (1½) feet above the base flood elevation.
(1)
Water heaters of any type.
(2)
Furnaces.
(3)
Air conditioning and ventilating systems.
(4)
Electrical distribution panels.
(5)
Similar mechanical equipment or apparatus.
Water supply systems and sanitary sewage systems of structures shall be designed to prevent the infiltration of flood waters into the system and discharges from the system into flood waters. All gas and oil supply systems shall be designed to prevent the infiltration of flood waters into the system and discharges from the system into flood waters. Additional provisions shall be made for the drainage of these systems in the event that flood water infiltration occurs. |
§ 145-1217 Certification of Floodproofing.
When floodproofing methods are utilized in accordance with §145-1215 of this Chapter, a registered professional engineer or architect shall certify in writing that the flood proofing methods utilized are adequate to withstand flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one hundred (100) year flood. The certification shall also indicate the specific elevation in relation to mean sea level to which such structures are floodproofed. In addition to certification of as-built drawings, a certification by an architect or professional engineer shall be required immediately following the completion of construction or substantial improvements, including completion and filing of an elevation certificate and/or a floodproofing certificate as provided by FEMA. This certification must indicate the mean sea level of the lowest floor and/or, as applicable, the mean sea level to which floodproofing measures have been taken. Such certification is required prior to the issuance of an occupancy permit by the Zoning Officer, Code Enforcement Officer or so the person so authorized by Wright Township to issue an occupancy permit.
§ 145-1218 Fully Enclosed Areas below the Lowest Floor.
A.
Within an identified one hundred (100) year floodplain, any fully enclosed areas of a structure below the lowest floor shall be limited to unfinished space limited to the parking of vehicles, building access or storage. Such enclosed areas, including new construction and substantial improvements may be located below the base flood elevation subject to the following:
(1)
Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for entry and exit of floodwaters.
(2)
Provide a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding.
(3)
The bottom of the aforementioned openings addressed in subsection (A)(2), above, shall be no higher than one (1) foot above grade with the option of being equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
(4)
Provide written certification from a registered professional engineer or architect that the criteria of the above subsections (A)(1), (A)(2) and (A)(3), above, have been met.
B.
In addition to the above, the owner of the property shall record upon the deed of said property, a restriction which limits the use of the fully enclosed areas of a structure below the lowest floor to the parking of vehicles, building access or storage. A copy with said restriction shall be provided to the Zoning Officer.
§ 145-1219 Prohibited Uses.
The development of the following uses, including their construction, expansion, enlargement and/or substantial improvement are hereby prohibited in any area of a designated one hundred (100) year floodplain:
§ 145-1220 Regulations for Hazardous Materials.
A.
Classification. For the purpose of administration the following materials and substances are hereby deemed and classified as potential hazards when located in a one hundred (100) year floodplain.
(1)
Acetone.
(2)
Ammonia.
(3)
Benzene.
(4)
Calcium carbide.
(5)
Celluloid.
(6)
Carbon disulfide.
(7)
Chlorine.
(8)
Hydrocyanic acid.
(9)
Hydrochloric acid.
(10)
Magnesium.
(11)
Nitric acid and oxides of nitrogen.
(12)
Petroleum products (gasoline, fuel oil, etc.), phosphorus.
(13)
Potassium.
(14)
Sodium.
(15)
Sulfur and sulfur products.
(16)
Pesticides (including insecticides, fungicides and rodenticides).
(17)
Radioactive substances.
(18)
Polychlorinated biphenyl (PCB).
(19)
Dioxin.
B.
Prohibited Uses. The use of any property for the production of or requiring the storage or maintenance of any quantities of radioactive substances, polychlorinated biphenyl (PCB) or dioxin shall be expressly prohibited anywhere within a one hundred (100) year floodplain.
C.
Restrictions In Flood Fringe Area, Special Floodplain Area and General Floodplain Area. With the exclusion of radioactive substances, polychlorinated biphenyl and dioxin, the use of any property which includes the storage, production or maintenance of a supply of more than five hundred fifty (550) gallons or comparable volume of those materials and substances listed in subsection (A) of this Section may be located within a flood fringe, a special floodplain area and general floodplain area subject to the use being permitted in the underlying zoning district and further subject to being elevated or floodproofed to remain completely dry at an elevation of not less than one and one-half(l½) feet above the base flood elevation.
§ 145-1221 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 that would cause any increase in the elevation of the one hundred (100) year flood.
B.
No expansion or enlargement of an existing structure shall be allowed within any special floodplain area that would, together with all other existing and anticipated development, increase the one hundred (100) year flood elevation more than one (1) foot at any point.
C.
Any modification, alteration, reconstruction or improvement of any kind to any existing structure which equals or exceeds fifty (50) percent of its market value, shall constitute a substantial improvement and shall be permitted subject and conditioned upon full compliance with all applicable floodproofing provisions of this Chapter.
§ 145-1222 Variances.
In addition to the criteria contained in§145-1509 of this Chapter, the following additional standards and criteria shall apply for a request for a variance:
A.
No variance shall be issued for any proposed development, use and/or activity within any designated floodway which would result in any increase in flood levels during a one hundred (100) year flood.
C.
No variance shall be granted for any construction, development, use or activity within a special floodplain area that would, together with all other existing and anticipated development, increase the one hundred (100) year flood elevation more than one (1) foot an any point.
D.
A variance shall authorize the least reduction and/or modification necessary to provide relief in consideration of the flood hazard.
E.
A variance shall only be issued upon:
(1)
A showing of good and sufficient cause.
(2)
A determination that failure to grant the variance would result in an exceptional hardship to the applicant.
(3)
A determination that granting the variance will not result in a prohibited increase in flood heights, additional threat to pubic safety, extraordinary public expense, create nuisances, cause fraud on, or victimize the public or conflict with any local laws or ordinances.
§ 145-1223 Modification of Freeboard Requirement Administration Procedures.
A.
The Township shall notify the applicant in writing over the signature of the Chairman or Secretary of the Zoning Hearing Board that:
(1)
The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five ($25) dollars for each one hundred ($100) dollars of flood insurance coverage.
(2)
Such construction below the base flood elevation increases risk to life and property.
B.
Such notification shall be maintained with a record of all variances approved and/or considered by the Zoning Hearing Board, including justification for their issuance or denial. Such information shall be placed on file with the Secretary to the Zoning Hearing Board and shall be submitted annually to FEMA and the Wright Township Board of Supervisors.