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:
[1]
The location and elevation of proposed roads, utilities, and
building sites, fills, flood or erosion protection facilities.
[2]
The one-hundred-year-flood elevations.
[3]
Areas subject to special deed restrictions.
(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.
As used in this article, the following terms shall have the
meanings indicated:
BUILDING
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.
DESIGNATED FLOODPLAIN DISTRICTS
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).
DEVELOPER
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.
DEVELOPMENT
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.
DWELLING
A building designed and constructed for residential purposes
in which people live.
ONE-HUNDRED-YEAR FLOOD
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.
STRUCTURE
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.
SUBDIVISION
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.