[Added 2-13-1981 by Ord. No. 85]
The specific purposes of these provisions are:
A.
To 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.
To 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 flood at the time of initial construction.
C.
To protect individuals from buying lands which are
unsuitable for use because of flood by prohibiting the improper subdivision
and/or development of unprotected lands within the designated floodplain
district.
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.
Preapplication procedures.
(1)
Prior to the preparation of any plans, it is suggested
that prospective developers consult with the Pennsylvania Department
of Environmental Protection concerning soil suitability when on-site
sewage disposal facilities are proposed.
(2)
Prospective developers should consult the County Conservation
District representative concerning erosion and sediment control and
the effect of geologic conditions on the proposed development. At
the same time a determination should be made as to whether or not
any flood hazards either exist or will be created as a result of the
subdivision or development.
B.
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 the engineer, surveyor or other qualified
person responsible for providing the information required in this
section.
(2)
A map showing the location of the proposed subdivision
and/or land development with respect to any designated floodplain
district, including information on the one-hundred-year-flood elevations.
(3)
Preliminary plan map.
(a)
Where the subdivision and/or land development
lies partially or completely within any designated floodplain districts
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 intervals
of two or five feet depending upon the slope of the land and identify
accurately the boundaries of the designated floodplain districts.
C.
Final plan requirements.
(1)
The following information shall be required as part
of the final plan and shall be prepared be a registered engineer or
surveyor:
(a)
All information required for the submission
of the preliminary plan incorporating any changes requested by the
Board of Supervisors.
(b)
A map showing the exact location and elevation
of all proposed buildings, structures, roads and public utilities
to be constructed within any floodplain district. All such maps shall
show contours at intervals of two feet and identify accurately the
boundaries of the flood-prone areas.
(2)
Submission of the final plan shall also be accompanied
by all required permits and related documentation from the Department
of Environmental Protection and any other commonwealth agency or local
municipality where any alteration or relocation of a stream or watercourse
is proposed. In addition, documentation shall be submitted indicating
that all affected adjacent municipalities have been notified of the
proposed alteration or relocation. The Department of Community Affairs
and the Federal Insurance Administrator shall also be notified whenever
such activity is proposed.
A.
General requirements.
(1)
Where not prohibited by this article or any other
laws or ordinances, land located in any designated floodplain district
may be platted for development with the provision that the developer
construct all buildings and structures to preclude flood damage in
accordance with this article and any other laws and ordinances regulating
such development.
(2)
Building sites for residences or any other type of
dwelling or accommodation shall not be permitted in any designated
floodway district. Sites for these uses may be permitted outside the
floodway district if the sites or dwelling units are elevated up to
the regulatory flood elevation. If fill is used to raise the elevation
of a site the fill area shall extend out laterally for a distance
of at least 15 feet beyond the limits of the proposed structures.
(3)
Building sites for structures or buildings other than for residential uses shall also not be permitted in any designated floodway district. Also, such sites for structures or buildings outside the floodway shall be protected as provided for in Subsection A(2) above. However, the governing body may allow the subdivision and/or development of areas or sites for commercial and industrial uses at an elevation below the regulatory flood elevation if the developer otherwise protects the area to that height or assures that the buildings or structures will be floodproofed at least up to that height.
(4)
If the Board of Supervisors determines that only a
part of a proposed plat can be safely developed, it shall limit development
to that part and shall require that development proceed consistent
with this determination.
(5)
When a developer does not intend to develop the plat
himself and the Board of Supervisors 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.
Excavation and grading. Where any excavation or grading
is proposed or where any existing trees, shrubs or other vegetative
cover will be removed, the developer shall consult the County Conservation
District representative concerning plans for erosion and sediment
control and to also obtain a report on the soil characteristics of
the site so that a determination can be made as to the type and degree
of development the site may accommodate. Before undertaking any excavation
or grading, the developer shall obtain a grading and excavation permit
when such is required by the Township.
C.
Drainage facilities.
(1)
Storm drainage facilities shall be designated to convey
the flow of stormwater runoff in a safe and efficient manner. The
system shall ensure drainage at all points along streets and provide
positive drainage away from buildings and on-site waste disposal sites.
(2)
Plans shall be subject to the approval of the Board
of Supervisors. The Board of Supervisors may require a primarily 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.
D.
Streets. The finished elevation of proposed streets
shall not be more than the one foot below the regulatory flood elevation.
The Board of Supervisors may require, where necessary, profiles and
elevations of streets to determine compliance with the requirements.
Drainage openings shall be sufficient to discharge flood flows without
unduly increasing flood heights.
E.
Sewer facilities.
(1)
All sanitary sewer systems located in any designated
floodplain district, whether public or private, shall be floodproofed
up to the Regulatory Flood Elevation.
(2)
The Board of Supervisors 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 Board of Supervisors may require that the
developer on the face of the plat and in any deed of conveyance that
soil absorption fields are prohibited in designated areas.
(3)
The Board of Supervisors 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 Board of Supervisors
shall require the developer to provide sewage facilities to connect
to this system where practical and shall prescribe the procedures
to be followed by the developer in connecting to the system.
F.
Water facilities. Wells to be used as a source of
water supply shall not be permitted within any floodplain district
due to the hazard of infiltration and contamination caused by flooding.
If there is an existing public water supply system on or near the
subdivision, the Board of Supervisors shall require the developer
to connect to this system where practical and shall prescribe the
procedures to be followed by the developer in connecting to the system.
G.
Other utilities and facilities. All other public and
private utilities and facilities, including gas and electric, shall
be elevated or floodproofed up to the regulatory flood elevation.
As used in this article, the following terms
shall have the meanings indicated:
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all mobile homes and trailers
used for human habitation.
Those floodplain districts specifically designated in Chapter 150, Zoning, as being inundated primarily by the one-hundred-year flood. Included would be areas identified as the Floodway District (FW), the Flood-Fringe District (FF) and the General Floodplain District (FA).
Any landowner, agent of such landowner or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development and the subdivision of land.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of mobile homes, streets and other paving, utilities, mining, dredging,
filling, grading, excavation or drilling operations and the subdivision
of land, excluding wells used as a source of water supply, due to
the hazard of infiltration and contamination caused by flooding.
A building designed and constructed for residential purposes
in which people live.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).
The one-hundred-year-flood elevation, plus a freeboard safety
factor of 1 1/2 feet.
Anything constructed or erected on the ground or attached
to the ground, including but not limited to buildings, factories,
sheds, cabins, mobile homes and other similar items.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other division
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, transfer of ownership or building
or lot development; provided, however, that the division of land for
agricultural purposes into parcels of more than 10 acres, not involving
any new street or easement of access, shall be exempted.
