The specific purposes of these provisions are
to:
A.
Regulate the subdivision and/or development of land
within any designated floodplain district in order to promote the
general health, welfare and safety of the community.
B.
Require that each subdivision lot in flood-prone areas
be provided with a safe building site with adequate access and that
public facilities which serve such uses be designed and installed
to preclude flooding at the time of initial construction.
C.
Protect individuals from buying lands which are unsuitable
for use because of flooding by prohibiting the improper subdivision
and/or development of unprotected lands within the designated floodplain
districts.
This article supersedes any ordinances currently
in effect in flood areas. However, any other applicable ordinances
shall remain in full force and effect to the extent that those provisions
are more restrictive.
The grant of a permit or approval of a plan
for any proposed subdivision and/or land development to be located
within any designated floodplain district shall not constitute a representation,
guaranty or warranty of any kind by the Municipality or by any official
or employee thereof of the practicability or safety of the proposed
use and shall create no liability upon the Municipality, its officials
or employees.
A.
Preliminary plan requirements. The following information
shall be required as part of the preliminary plan and shall be prepared
by a registered engineer or surveyor:
(1)
The name of engineer, surveyor or other qualified
person responsible for providing the information required in this
section.
(2)
A location map showing the proposed subdivision
and/or land development with respect to any designated floodplain
district, including information on the one-hundred-year flood elevations.
(3)
Map.
(a)
Where the subdivision and/or land development
lies partially or completely within any designated floodplain district
or where such activities border on any designated floodplain district,
the preliminary plan map shall include the following information:
(b)
All such maps shall show contours at vertical
intervals of two feet if the general slope of the site is less than
10%, and at intervals of five feet if the general slope is greater
than 10%. (Note: Final plans must have two-foot contour intervals
within floodplains.) One-foot contours or spot elevations may be required
by the Municipal Engineer in special circumstances where the stated
contours do not provide sufficient data.
B.
Final plan requirements.
(1)
Prior to the approval of an application, the
applicant shall obtain all necessary governmental permits required
by state and federal laws, such as those required by the Pennsylvania
Sewage Facilities Act (Act 537 of 1966, as amended);[1] the Dam Safety and Encroachments Act (Act 327 of 1978,
as amended);[2] the United States Clean Water Act, Section 404, 33 U.S.C.
1334; and the Pennsylvania Clean Streams Act (Act 394 of 1937, as
amended).[3] No permit shall be issued until this determination has
been made.
(2)
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 Resources, Bureau of Dams and
Waterway Management. In addition, the Federal Insurance Administrator
and Pennsylvania Department of Community Affairs, Bureau of Community
Planning, shall be notified by the Municipality prior to any alteration
or relocation of any watercourse.
(3)
The following information shall be required
as part of the final plan and shall be prepared by a registered engineer
or surveyor:
(a)
All information required for the submission
of the preliminary plan, incorporating any changes requested by the
Planning Commission and/or Council.
(b)
A map showing the exact location and elevation
of all proposed buildings, structures, roads and public utilities
to be constructed within any designated floodplain district. All such
maps shall show contours at intervals of two feet within the floodplain
and identify accurately the boundaries of the flood-prone areas.
(c)
The proposed lowest floor elevations of any
proposed buildings, based on the National Geodetic Vertical Datum
of 1929.
(d)
Complete information concerning flood depths,
pressures, velocities, impact and uplift forces and other factors
associated with a one-hundred-year flood.
(e)
Detailed information concerning any proposed
floodproofing measures.
(f)
A document, certified by a registered professional
engineer or architect, which states that the proposed construction
has been designed to withstand the one-hundred-year flood elevations,
pressures, velocities, impact and uplift forces and other hydrostatic,
hydrodynamic and buoyancy factors associated with the one-hundred-year
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.
(g)
Detailed information on storage of materials
in the floodplain districts, including:
[1]
The type, amount, location and purpose of any
materials or substances which are intended to be used, produced, stored
or otherwise maintained on site.
[2]
A description of safeguards incorporated into
the design of the proposed storage facilities to prevent leakage or
spilling of dangerous materials or substances during a one-hundred-year
flood.
A.
Deed restrictions. When a developer does not intend
to develop the plat himself and the Council determines that additional
controls are required to ensure safe development, it may require the
developer to impose appropriate deed restrictions on the land. Such
deed restrictions shall be inserted in every deed and noted on every
recorded plat.
B.
Elevation and floodproofing requirements
(1)
Within any floodplain district, all new structures
shall have the lowest floor, including basement, elevated to at least
one foot above the one-hundred-year flood elevation.
(2)
Within any floodplain district, all substantial
improvements to residential structures shall be elevated to at least
one foot above the one-hundred-year flood elevation, and substantial
improvements to nonresidential structures shall be elevated or floodproofed
to such height. Any substantial improvement to a nonresidential structure
which is not adequately elevated shall be floodproofed in a completely
or essentially dry manner in accordance with the W1 or W2 space classification
standards contained in the publication entitled "Floodproofing Regulations,"
published by the United States Army Corps of Engineers (June 1972)
or with some other equivalent standard. 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 above-referenced standards.
(3)
Enclosures below the lowest floor are prohibited.
(4)
A record of all lowest floor and floodproofing
elevations shall be maintained by the Planning Department.
C.
Grading.
(1)
Fills shall extend laterally at least 15 feet
beyond the building line from all points, without extending into the
floodway.
(2)
Grading shall be conducted in compliance with Chapter 124, Grading, Excavations and Filling, and any other special provisions which may be required by the Municipal Engineer to provide adequate protection during the one-hundred-year flood condition.
(3)
Grading shall not adversely affect adjacent
properties.
D.
Streets. The finished elevation of proposed streets
shall not be more than one foot below the one-hundred-year flood elevation.
Drainage openings shall be sufficient to discharge flood flows without
unduly increasing flood heights.
E.
Sanitary sewer facilities.
(1)
All sanitary sewer systems located in any designated
floodplain district, whether public or private, shall be floodproofed
up to the one-hundred-year flood elevation.
(2)
The Municipality shall prohibit installation
of sewage disposal facilities requiring soil absorption systems where
such systems will not function due to high groundwater, flooding or
unsuitable soil characteristics or are proposed for location in designated
floodplain districts. The developer is required to note on the face
of the plat and in any deed of conveyance that soil absorption fields
are prohibited in designated floodplain districts.
(3)
The Municipality may prescribe adequate methods
for waste disposal. If a sanitary sewer system is located on or near
the proposed subdivision and/or land development, the developer is
required to provide sewage facilities to connect to this system where
practical and the Municipality shall prescribe the procedures to be
followed by the developer in connecting to the system.
(4)
Sanitary sewer systems and facilities shall
be designed to prevent discharge of untreated sewage into floodwaters.
F.
Water facilities. All water systems located in any
designated floodplain districts, whether public or private, shall
be floodproofed up to the one-hundred-year flood elevation. If there
is an existing public water supply system on or near the subdivision,
the Municipality shall require the developer to connect to this system.
G.
Drainage facilities. All storm drainage facilities
shall be designed to convey the flow of surface waters without damage
to persons or property. The system shall ensure drainage away from
buildings and on-site waste disposal sites. The Municipal Council
may require a primarily underground system to accommodate frequent
floods and a secondary surface system to accommodate larger, less
frequent floods. Drainage plans shall be consistent with local and
regional drainage plans. The facilities shall be designed to prevent
the discharge of excess runoff onto adjacent properties.
H.
Utilities and other facilities. All utilities, such
as gas lines and electrical and telephone systems, being placed in
flood-prone areas should be located, elevated (where possible) and
constructed to minimize the chance of impairment during flooding occurrence.
I.
Storage of materials. All materials which are buoyant,
flammable or explosive or which could be injurious to humans, animals
or plant life in times of flooding shall be stored at least one foot
above the one-hundred-year flood elevation.
J.
Structural anchoring. Any structure permitted shall
be firmly anchored to prevent the structure from flotation, collapse
or lateral movement and thus threaten life or property downstream
or to further restrict bridge openings and other restricted sections
of the creek.
K.
Structural effect. Any structures permitted shall
be constructed and placed on the lot so as to offer the minimum obstruction
to the flow of water and shall be designed to have minimum effect
upon the flow and height of floodwater.
L.
Obstructions. The following shall not be placed or
caused to be placed in the flood hazard area: fences, except two-wire
fences, and other structures or other matter which may impede, retard
or change the direction of the flow of water or that will catch or
collect debris carried by such water or that is placed where the natural
flow of the stream or floodwaters would carry the same downstream
to the damage or detriment of either public or private property adjacent
to the floodplain.
