A.Â
The purpose of the regulations set forth in this article
is to monitor the subdivision and/or development of floodplain areas
in order to promote and protect the general health, welfare and safety
of the community; to require that each subdivision lot in floodplain
areas shall be provided with a safe building site with adequate access;
to ensure that public facilities which serve such lots or development
shall be designed and installed to preclude flood damage; and to protect
individuals from purchasing lands which are unsuitable for development
because of floodplain lands.
As used in this article, the following terms
shall have the meanings indicated:
A structure which has a roof supported by columns, piers
or walls, which is intended for the shelter, housing or enclosure
of persons, animals or chattel or which is to house a use of a commercial
or manufacturing activity.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings, mobile homes or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations.
That portion of the one-hundred-year floodplain, including
the channel of a river or other watercourse and adjacent land areas
which are required to carry and discharge the one-hundred-year flood,
where the activities permitted elsewhere in the floodplain district
will not cumulatively increase the water surface elevation more than
one foot at any given point. Detailed studies of the regulatory flood
by the Federal Insurance Administrator provide specific flood profiles
and allow for the delineation of floodway and flood-fringe areas within
the bounds of the floodplain. For those areas where no floodway has
been identified by the Flood Insurance Study, the floodway may be
identified by other available studies or sources of information provided
by a registered professional engineer.
The flood which has been selected to serve as the basis upon
which the floodplain management provisions of this chapter and other
ordinances have been prepared and, for the purpose of this chapter,
shall be the one-hundred-year flood, as defined by the Federal Insurance
Administrator.
The one-hundred-year-flood elevation based upon the information
contained in the Official Flood Insurance Study.
A man-made object usually assembled of interdependent parts
or components which is designed to have a more or less fixed location,
whether or not permanently attached at that location.
The following procedures shall be required in
addition to those specified otherwise in these regulations:
A.Â
Preapplication procedures (floodplain).
(1)Â
It is suggested that prospective developers consult
the Pennsylvania Department of Environmental Protection concerning
soil suitability when on-site sewage disposal facilities are proposed.
(2)Â
Prospective developers shall consult the County Conservation
District representative concerning erosion and sediment control and
the probable effect of geologic conditions on the proposed development.
Concurrently, a determination should be made as to whether or not
any flood hazards either exist or will be created as a result of the
proposed subdivision or development.
B.Â
Preliminary plan requirements (floodplain). The following
information shall be required as part of the preliminary plan when
a subdivision is in a floodplain area and shall be prepared by a registered
surveyor:
(1)Â
A map illustrating the location of the proposed subdivision
or land development with respect to the municipality's floodplain
areas, including information on, but not limited to, regulatory flood
elevations, boundaries of floodplain areas, proposed lots and sites,
fill and flood- or erosion-protective facilities.
(2)Â
Where the subdivision or land development lies partially
or completely in the floodplain area or where the subdivision borders
on the floodplain area, the preliminary plan map shall include detailed
information giving the location and elevation of proposed roads, public
utilities and building lots. All such maps shall also show contours
at intervals of two feet and identify accurately the boundaries of
the floodplain area.
C.Â
Final plan requirements (floodplain). The following
information shall be required as part of the final plan and shall
be prepared by a registered engineer or surveyor:
(1)Â
All information required for submission of the preliminary
plan, plus any changes required by the municipality.
(2)Â
A map showing the exact location and elevation of
all proposed buildings, structures, roads and public utilities to
be constructed in floodplain areas. All such maps shall show contours
at intervals of two feet and identify accurately the boundaries of
the floodplain area.
All subdivisions and land developments approved within any area of the Borough susceptible to flooding shall be subject to the following, in addition to Article V and all other applicable provisions of this chapter:
A.Â
General.
(1)Â
One-hundred-year-flood frequency areas. No residential subdivision or land development shall be effected within any area subject to a one-hundred-year-flood frequency and, in the case of all other development, except such permitted under Subsection A(2) hereunder, no structure intended for human occupancy or storage of chattel shall be erected unless the first floor or any opening below the first floor is constructed at an elevation of at least one foot above the elevation of the one-hundred-year flood, subject to the limitations of Subsection A(2) and the provisions of Subsection A(3) hereunder.
(2)Â
Fifty-year-flood-frequency areas. No subdivision or land development shall be effected within any area subject to a fifty-year-flood frequency except for agricultural, public recreational and private nonprofit recreational uses, including seasonal residential development, provided that such shall be subject to the provisions of Subsection A(3) hereunder.
(3)Â
Resistance to damage. Where not prohibited by this
or any other laws or ordinances, land located in floodplain areas
may be platted for development with the provision that the developer
construct all buildings, structures and mechanical equipment to preclude
flood damage in accordance with this and any other laws and ordinances
regulating such development.
(4)Â
Application of Chapter 350, Zoning, and Chapter 175, Floodplain Management. Building sites for residences or any other type of dwellings or accommodations and building sites for structures or buildings other than residential uses shall be permitted in the floodplain only when in compliance with Chapter 350, Zoning, and Chapter 175, Floodplain Management, and any other applicable regulations.
(5)Â
Partial site development approval. If the municipality
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.
(6)Â
Deed restrictions. When a developer does not intend
to develop the plat himself and the municipality 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.
(7)Â
Lot restrictions. Lots which are within the floodplain
shall be subject to the following:
(a)Â
Any lots created or revised shall have not more
than 50% of their area within the floodplain, except that large lots
may be exempted, provided that a minimum one-acre area of said lot
is outside the floodplain.
(b)Â
Lot access to a public road shall not be restricted
or prevented by floodplain areas.
(8)Â
Structural anchoring. All structures shall be firmly
anchored to prevent such from floating away and thus threatening life
or property downstream or further restricting bridge openings and
other restricted sections of the waterway.
(9)Â
Structural effect. All structures 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 a minimum effect upon
the flow and height of floodwater.
(10)Â
Obstructions. The following shall not be placed
or caused to be placed at any elevation less than one foot above the
one-hundred-year-flood-frequency level: 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 of floodwaters would carry the same downstream to the damage
or detriment of either public or private property adjacent to and/or
within the floodplain.
(11)Â
Storage of materials. No materials that are
buoyant, flammable, explosive or, in times of flooding, could be injurious
to human, animal or plant life shall be stored below an elevation
of one foot above the elevation of the one-hundred-year-flood-frequency
level.
B.Â
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 also to obtain a report on the soil characteristics of
the site so that determination can be made as to the type and degree
of development the site may accommodate.
C.Â
Drainage facilities.
(1)Â
Storm drainage facilities shall be designed to convey
the flow of surface water without damage to persons or property. The
system shall ensure drainage at all points along streets and provide
positive drainage away from buildings and on-site disposal sites.
(2)Â
Plans shall be subject to the approval of the municipality.
The municipality may also require a primarily underground system to
accommodate frequent minor floods and a secondary surface system to
accommodate larger, less frequent floods. Drainage plans shall be
designed to prevent the discharge of excess runoff onto adjacent properties.
D.Â
Streets. The finished excavation of proposed streets
shall be no more than two feet below the regulatory flood elevation.
The municipality may require, where necessary, profiles and elevations
of streets to determine compliance with this requirement. Drainage
openings shall be sufficient to discharge flood flows without unduly
increasing flood heights.
E.Â
Sewer facilities. All sanitary sewer systems located
in floodplain areas, whether public or private, shall be floodproofed
to a point two feet above the regulatory flood elevation.
(1)Â
The municipality may 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. The municipality may require that the developer
note on the face of the plat and in any deed of conveyance that soil
absorption fields are prohibited in designated areas.
(2)Â
The municipality may prescribe adequate methods for
waste disposal. If a sanitary sewer system is located on or within
1,000 feet of the proposed subdivision and/or land development, the
municipality 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.Â
Water facilities. All water systems located in floodplain
areas, whether public or private, shall be floodproofed to a point
two feet above the regulatory 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, where practical,
and shall prescribe the procedures to be followed by the developer
in connecting to the system.
G.Â
Other public and/or private utilities and facilities.
All other public and/or private utilities and facilities shall be
elevated or floodproofed to a point two feet above the regulatory
flood elevation.
H.Â
Recommendations of an architect or engineer. Plans
of buildings and structures within this area shall incorporate the
recommendations of a registered architect or certified engineer to
provide for protection against predictable hazard.
I.Â
Conflicts. All subdivisions within areas susceptible
to flooding shall comply with existing zoning regulations for the
municipality and with all state and federal requirements, as amended
from time to time. Should any conflicts develop among these regulations
and the state and/or federal regulations, the strictest provisions
shall apply.
No final plat shall be approved by the municipality
until the improvements required by this chapter are completed in a
satisfactory manner and approved by the municipality. In lieu of such
construction, approval may be granted prior to completion, provided
that:
A.Â
Developer's agreement: The developer enters into an
agreement with the local municipality guaranteeing that improvements
will be installed in accordance with the plans, specifications and
schedules approved by the municipality prior to plat approval. This
agreement shall also guarantee that no lot will be sold or building
constructed in any floodplain area prior to completion of all protective
works or measures planned for such lot and necessary access to facilities;
and
B.Â
Developer's bond: The developer provides a fiscal surety to guarantee performance of this agreement and completion of the improvements as planned. The surety may include a certified check, escrow account, irrevocable letter of credit or other bond acceptable to the municipality. The procedural requirements of § 305-33 of this chapter shall apply to any such bonding proposal.
The grant of a permit or approval of a subdivision
and/or land development plan in the identified floodplain area 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.
