[Ord. -/-/1985, -/-/1985, App. II, § II-1]
The specific purpose of these special provisions is:
1.
To regulate subdivision or land development within the designated
floodplain district in order to promote the general health, welfare
and safety of the community;
2.
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;
3.
To protect individuals from buying lands which are unsuitable for
use because of flood by prohibiting the improper subdivision or development
of unprotected lands within the designated floodplain district.
[Ord. -/-/1985, -/-/1985, App. II, § II-2]
With the exception of the Joint Municipal Zoning Ordinance,
this Part 11 supersedes any ordinances currently in effect in flood
areas. However, any other applicable statutes shall remain in full
force and effect to the extent that those provisions are more restrictive.
[Ord. -/-/1985, -/-/1985, App. II, § II-3]
The grant of a permit or approval of a plan for any proposed
subdivision or land development to be located within the designated
floodplain district shall not constitute a representation, guarantee,
or warranty of any kind by the Township or by any official or employee
thereof of the practicability or safety of the proposed use, and shall
create no liability upon the Township, its officials or employees.
[Ord. -/-/1985, -/-/1985, App. II, § II-4]
1.
Prior to the preparation of any plans, it is suggested that the prospective
developers consult with the Pennsylvania Department of Environmental
Resources 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.
[Ord. -/-/1985, -/-/1985, App. II, § II-5]
1.
In addition to the other requirements of this Chapter 22, 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 § 1105.
B.
A map showing the location of the proposed subdivision or land development
with respect to the designated floodplain district, including information
on, but not limited to, the one-hundred-year flood elevations, boundaries
of the floodplain district, proposed lots and sites, fills, flood
or erosion protective facilities, and areas subject to special deed
restrictions.
C.
Where the subdivision or land development lies partially or completely
within the designated floodplain district, or where the subdivision
or land development borders on the floodplain district, the Preliminary
Plan map shall include detailed information giving the location and
elevation of proposed roads, public utilities, building sites and
cross-sections of the floodplain at any points affected by the development.
All such maps shall also show contours at intervals of two or five
feet depending upon the slope of the land and identify accurately
the boundaries of the floodplain district.
[Ord. -/-/1985, -/-/1985, App. II, § II-6]
1.
In addition to the other requirements of this Chapter 22, 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 Township.
B.
A map showing the exact location and elevation of all proposed structures,
roads, and public utilities to be constructed within the 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
Resources, 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 have been notified of the
proposed alteration or relocation. The Department of Community Affairs,
and the Federal Insurance Administrator shall also be notified whenever
any such activity is proposed.
[Ord. -/-/1985, -/-/1985, App. II, § II-8]
1.
Where not prohibited by this or any other laws or ordinances, land
located in the designated floodplain district may be platted for development
with the provision that the developer construct all structures to
preclude flood damage in accordance with this and other laws and ordinances
regulating such development.
2.
No subdivision or land development, or part thereof, shall be approved
if the proposed subdivision, land development or improvements associated
therewith will individually or collectively increase the one-hundred-year
flood elevation.
3.
Buildings of any type shall not be constructed in the Floodplain
District except as provided for by the section covering expansion
of existing structure by variance in the Zoning Ordinance.
4.
If the Board of Supervisors determines that only a part of the 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 Township 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.
6.
Any structure placed on the Floodplain District shall be firmly anchored
to prevent flood waters from carrying it downstream. The Zoning Officer
shall require the applicant to submit the written opinion of a qualified
registered professional engineer that the proposed structural design
meets this standard.
[Ord. -/-/1985, -/-/1985, App. II, § II-9]
All requirements of the Newtown Township Zoning Ordinance and this Chapter 22 shall apply. In addition, 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 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 Frontage and Storm Drainage Improvement Permit as required under the Zoning Ordinance.
[Ord. -/-/1985, -/-/1985, App. II, § II-10]
1.
All requirements of the Newtown Township Zoning Ordinance and this Chapter 22, as well as the regulations of the Pennsylvania Department of Environmental Resources shall apply. In addition, storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The system shall insure drainage away from on-site waste disposal sites and buildings.
2.
Plans shall be subject to the approval of the Board of Supervisors.
The Township 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.
[Ord. -/-/1985, -/-/1985, App. II, § II-11]
The finished elevation of proposed streets shall not be more
than the one foot below the Regulatory Flood Elevation. The Township
may require, where necessary, profiles and elevations of streets to
determine compliance with the requirement. Drainage openings shall
be sufficient to discharge flood flows without increased flood heights.
[Ord. -/-/1985, -/-/1985, App. II, § II-12]
1.
All sanitary sewer systems located in the designated Floodplain District,
whether public or private, shall be floodproofed up to the Regulatory
Flood Elevation.
A.
The Township shall prohibit installation of sewage disposal facilities
requiring soil absorption systems where such systems will not function
due to high ground water, flooding or unsuitable soil characteristics.
The Township 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.
B.
The Township may prescribe adequate methods for waste disposal. If
a sanitary sewer system is located on or near the proposed subdivision
or land development, the Township 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.
[Ord. -/-/1985, -/-/1985, App. II, § II-13]
All water systems located in the designated Floodplain District,
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 Township 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.
[Ord. -/-/1985, -/-/1985, App. II, § II-14]
All other public and private utilities and facilities, including
gas and electric, shall be elevated or floodproofed up to the Regulatory
Flood Elevation.
[Ord. -/-/1985, -/-/1985, App. II, § II-15]
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.
The district specifically designated in the Township Zoning
Ordinance as being subject to inundation by waters of the one-hundred-year
Flood.
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.
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 1% 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 buildings of any type.
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.
