[Ord. 486, 6/3/2013, § 7.01]
The purpose of the regulations set forth in this chapter 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 be provided with a safe building site with adequate access; to insure that public facilities which serve such lots or development can be designed and installed to preclude flood damage; and to protect individuals from purchasing lands which are unsuitable for development because of flooding. The subsequent sections shall be considered requirements supplemental to those procedures and standards specified elsewhere in this chapter, Township Zoning Ordinance [Chapter 27], the Lebanon County Floodproofing Building Code, and any other applicable ordinances and codes.
[Ord. 486, 6/3/2013, § 7.02]
The flood, also known as the one-hundred-year flood, which
has a 1% chance of being equaled or exceeded in any given year, the
flood which has been selected to serve as the basis upon which the
floodplain management provisions of this and other ordinances have
been prepared.
The determination by the Federal Insurance Administrator
of the water surface elevation of the base flood, that is, the flood
level that has a 1% or greater chance of occurrence in any given year.
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.
Includes the building, reconstruction, extension, expansion,
alteration, substantial improvement, erection or relocation of a building
or structure, including manufactured homes, and gas or liquid storage
tanks. For floodplain purposes, "new construction" includes structures
for which the "start of construction" commenced on or after the effective
date of a floodplain management regulation adopted by the Township.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings, manufactured homes, or other
structures, mining, dredging, filling, grading, paving, excavation,
or drilling operations or the storage of equipment or materials.
A general and temporary inundation of normally dry land areas
by water from waterway overflows or the unusual and rapid accumulation
or runoff of surface waters from any source.
(1) A relatively flat or low land area adjoining a river,
stream, or watercourse which is subject to partial or complete inundation
by water, (2) an area subject to the unusual and rapid accumulation
of runoff of surface water from any source. For the purposes of this
chapter, the floodplain shall be considered to be the one-hundred-year
floodplain which is a floodplain having a 1% chance of being subject
to the above conditions during any given year.
The channel of a river or other watercourse and adjacent
land area that must be reserved to discharge the base flood without
cumulatively increasing the water surface elevation of that flood
more than one foot at any point.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes the term "manufactured home" also includes
(1) all mobile homes and (2) camping trailers, recreational vehicles,
travel trailers, and other similar vehicles placed on a site for greater
than 180 consecutive days.
A lot or area which is a planned development and designated
to contain two or more manufactured homes for rent or for sale. Any
lot or area proposed to utilize such design where individual manufactured
home sites are proposed for sale shall be known as a manufactured
home subdivision.
A flood selected as the base flood, that has a 1% or greater
chance of occurring in any given year.
A walled or roofed building, including a gas or liquid storage
tank (principally above ground), a manufactured home, or any other
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.
[Ord. 486, 6/3/2013, § 7.03]
1.
The following procedures shall be required in addition to those specified
otherwise in these regulations:
A.
Pre-application Procedures.
(1)
It is suggested that prospective developers consult the Pennsylvania
Department of Environmental Protection and the Township Sewage Enforcement
Officer 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 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.
Preliminary Plan Requirements. 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)
A map illustrating the location of the proposed subdivision
or land development with respect to the Township's floodplain
areas including information on, but not limited to, base flood elevations,
boundaries of floodplain areas, proposed lots and sites, fill, and
flood or erosion protective facilities.
(2)
All subdivision proposals and other proposed new developments
shall provide base flood delineations; however, subdivision proposals
and other proposed new development greater than 50 lots or five acres,
whichever is lesser, shall include actual base flood elevation data.
It shall be the responsibility of the developer to provide the required
base flood elevation data, in a form comparable to HEC-2, which will
be certified as accurate by a registered professional engineer.
(3)
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.
Final Plan Requirements. The following information shall be required
as part of the final plan and shall be prepared by a registered engineer
or surveyor:
(1)
All information required for submission of the preliminary plan
plus any changes required by the Township and/or the local Township
Board of Commissioners.
(2)
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.
[Ord. 486, 6/3/2013, § 7.04]
1.
The design standards and improvements specified herein shall be considered requirements in addition to those of Part 5 and otherwise listed in this chapter.
A.
General.
(1)
Where not prohibited by this or any other laws or ordinances,
land located in the floodplain areas may be planed 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 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 appropriate Township zoning ordinances [Chapter 27], the Lebanon County Floodproofing Building Code, and any other applicable regulations.
(3)
If the Township determines that only a part of a proposed plat
can be safely developed, they shall limit development to that part
and shall require that development proceed consistent with this determination.
(4)
When a developer does not intend to develop the plat himself
and the Township determines that additional controls are required
to insure safe development, they 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.
(5)
Whenever a developer intends to alter or relocate a watercourse
within the designated floodplain, the developer shall notify, in writing
by certified mail, all adjacent communities and the Pennsylvania Department
of Community and Economic Development (or its successor agency) of
all such intended activities prior to any alteration or relocation
of the watercourse. Copies of such notification shall be submitted
to the Federal Insurance Administrator. The developer shall also assure
the Township's body in writing that the flood carrying capacity
within the altered or relocated portion of the watercourse in question
will be maintained.
(6)
No new construction or development shall be located within a
designated floodway. Where the floodway has not been specifically
identified for a stream or waterway, no new constriction or development
shall be permitted within the stream channel (from top of bank to
top of bank). Furthermore, construction or development outside the
stream banks but within the floodplain district shall be permitted
only when in compliance with this chapter and Pennsylvania Department
of Environmental Protection permit requirements.
(7)
Lots which are within the floodplain shall be subject to the
following:
(a)
Any lots created or revised shall have not more than 50% of
their area within the floodplain, except that lots may be exempted
provided the minimum lot size established by the applicable zoning
district or one acre, whichever is less, is provided outside the floodplain.
(b)
Lot access to a public road shall not be restricted or prevented
by floodplain areas.
B.
Excavation, Grading and Use of Fill. Any excavation activities, grading and use of fill shall be in compliance with all applicable terms of the Township Zoning Ordinance [Chapter 27] and the Lebanon County Floodproofing Building Code. Furthermore, where excavation or grading is proposed or where any existing trees, shrubs or other vegetative cover will be removed, the developer shall consult the Lebanon 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 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 as required by the Township.
C.
Drainage Facilities.
(1)
Storm drainage facilities shall be designed to convey the flow
of surface water without damage to persons or property. The system
shall insure drainage at all points along streets, and provide positive
drainage away from buildings and on-site disposal sites.
(2)
Plans shall be subject to the approval of the Township. The
Township may also require a primarily underground system to accommodate
frequent 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.
Streets. The finished excavation of proposed streets shall be no
more than two feet below the base flood elevation. The Township may
require, where necessary, profiles and elevations of streets to determine
compliance with this requirement. Drainage and bridge openings shall
be sufficient to discharge flood flows without unduly increasing flood
heights.
E.
Sewer Facilities. All sanitary sewer systems located in floodplain
areas, whether public or private, shall be floodproofed to a point
two feet above the base flood elevation.
(1)
The Township may 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.
(2)
The Township may prescribe adequate methods for waste disposal.
If a sanitary sewer system is located on or within 500 feet of the
proposed subdivision and/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.
F.
Water Facilities. All water systems located in floodplain areas,
whether public or private, shall be floodproofed to a point two feet
above the base flood elevation. If there is an existing public water
supply system on or near the subdivision, the Township and/or the
local 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.
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 base flood elevation.
[Ord. 486, 6/3/2013, § 7.05]
1.
No final plat shall be approved by the Township until the improvements
required by this chapter are completed in a satisfactory manner and
approved by the Township. In lieu of such construction, approval may
be granted prior to completion providing:
A.
The developer enters into an agreement with the Township or county
guaranteeing that improvements will be installed in accordance with
the plans, specifications, and schedules approved by the Township
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.
B.
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 Township. The procedural requirements of Part 5 of this chapter shall apply to any such bonding proposal.
[Ord. 486, 6/3/2013, § 7.06]
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, 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.
