[Added 2-5-1980 by Ord. No. 852]
The specific purpose of this article is:
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 land 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, guarantee,
or warranty of any kind by the Borough of West Mifflin or by any official
or employee thereof of the practicability or safety of the proposed
use and shall create no liability upon the Borough of West Mifflin,
its officials or employees.
[Amended 3-16-1999 by Ord. No. 1094]
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 shall 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.
(1)
The following information shall be required as part of the preliminary
plan and shall be prepared by a registered engineer or surveyor:
(a)
Name of engineer, surveyor, or other qualified person responsible
for providing the information required in this section.
(b)
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.
(c)
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:
(2)
All such maps shall show contours at intervals of two feet 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 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 of the Borough of West Mifflin.
(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 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 and Economic
Development and the Federal Insurance Administrator shall also be
notified whenever any such activity is proposed.
A.
General.
(1)
Where not permitted by this 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 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 Council of the Borough of West Mifflin 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 Council of the Borough of West Mifflin 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 the developer does not intend to develop the plat himself and
the Council of the Borough of West Mifflin determines that additional
controls are required to insure 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 the
recorded plan.
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
also obtain a report on the soil characteristics of the site so that
a determination can be made as to the type or degree of development
the site may accommodate. Before undertaking any excavation or grading,
the developer shall obtain a grading and excavation permit.
C.
Drainage facilities.
(1)
Storm drainage facilities shall be designed to convey the flow of
stormwater runoff in a safe and efficient manner. The system shall
insure 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 Council of the Borough
of West Mifflin. The Council of the Borough of West Mifflin 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.
D.
Streets. The finished elevation of proposed streets shall not be
more than the one foot below the regulatory flood elevation. The Council
of the Borough of West Mifflin 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. All sanitary sewer systems located in any designated
floodplain district, whether public or private, shall be floodproofed
up to the regulatory flood elevation.
(1)
The Council of the Borough of West Mifflin 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 Council of the Borough of West
Mifflin 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)
The Council of the Borough of West Mifflin 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 Council
of the Borough of West Mifflin 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. All water systems located in any designated floodplain
districts, whether public or private, shall be floodproofed up to
the regulatory flood elevation. If there is an existing public water
supply system on or near the subdivision, the Council of the Borough
of West Mifflin 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 floodproofed
up to the regulatory flood elevations.
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 290, 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 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.
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.
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.
