[Amended 11-9-1993 by Ord. No. 447]
A. General.
(1) Where not prohibited 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 laterally for a distance of at least 15 feet beyond the limits
of the proposed structures. Fill shall not be permitted, however,
if said fill will raise the elevation level of the one-hundred-year
flood.
(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. The governing body, however, 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 Borough 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 Borough 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 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 if such
is required by the Borough.
C. Drainage facilities. 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.
Plans shall be subject to the approval of the Borough. The Borough
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. All storm
drainage facilities shall be in compliance with Act 167 provisions.
D. Streets. The finished elevation of proposed streets shall not be
more than one foot below the regulatory flood elevation. The Borough
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 Department of Environmental Protection 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 Department of Environmental Protection
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 Department of Environmental Protection 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 Department
of Environmental Protection 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 Borough 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:
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
310, 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 a land development.
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 pavings, utilities, mining, dredging,
filling, excavating, 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.
[Added 9-12-1989 by Ord. No. 401; amended 5-30-1990 by Ord. No.
412; 11-9-1993 by Ord. No. 447]
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000 and/or to imprisonment for a term not
to exceed 90 days. Each day that a violation of this article continues
shall constitute a separate offense.