[Added 5-2-1978 by Ord.
No. 1978-5]
This chapter shall be known and may be cited as the "Borough
of Montgomery Subdivision Ordinance of 1971, as amended."
The specific purpose of these special provisions is:
A.
To regulate the subdivision and development of flood-prone areas
in order to promote the general health, welfare, and safety of the
community;
B.
To require that each subdivision lot in a flood-prone area 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
damage at the time of initial construction;
C.
To protect individuals from buying lands which are unsuitable for
use because of flood hazards by prohibiting the subdivision or development
of unprotected flood-prone lands.
This article supersedes any ordinances currently in effect in
flood-prone areas. However, any underlying ordinance 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 subdivision or land development
plan in the identified flood-prone area(s) shall not constitute a
representation, guarantee, or warranty of any kind by the municipality
or by any official or employee thereof of the practicability or safety
of the proposed use, and shall create no liability upon the municipality,
its officials or employees.
A.
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.
B.
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 and/or
mudslide hazards either exist or will be created as a result of the
subdivision or development.
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 or land development
with respect to the municipality's flood-prone areas, including
information on, but not limited to, the regulatory flood elevations,
boundaries, of flood-prone areas, 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
in the flood-prone area or where the subdivision or land development
borders on the flood-prone area, the preliminary plan map shall include
detailed information giving the location and elevation of proposed
roads, public utilities, and building sites. 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 flood-prone
area.
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 Montgomery Borough Council.
B.
A map showing the exact location and elevation of all proposed buildings,
structures, roads, and public utilities to be constructed in flood-prone
area. All such maps shall show contours at intervals of two feet and
identify accurately the boundaries of the flood-prone.
No final plan shall be approved by the Montgomery Borough Council
until the improvements required by this chapter are constructed in
a satisfactory manner and approved by the Montgomery Borough Council.
In lieu of such construction, the Montgomery Borough Council may grant
final approval prior to completion providing:
A.
The developer enters into an agreement with the Montgomery Borough
Council guaranteeing that the improvements will be installed in accordance
with the plans, specifications, and schedules approved by the Montgomery
Borough Council prior to plat approval. This agreement shall also
guarantee that no lot will be sold or building constructed in any
flood-prone area prior to completion of all protective works or measures
planned for such lot and necessary access facilities.
B.
Simultaneous with the execution of the agreement specified in Subsection A, the developer offers a fiscal surety to guarantee performance of this agreement and installation of improvements by the developers/owners at their own expense in accordance with the approved plans, specifications, and schedules. The surety bond shall be in the full amount of the estimated costs. The surety agreement shall be conditioned upon final approval of the plat. The bond shall be offered by the developer, his agent or an authorized bonding firm. The bond shall consist of a certified check escrow account, or irrevocable letter of credit in favor of Montgomery Borough.
C.
Developer agreement regarding deposit in escrow.
(1)
The developer agrees that the deposit in escrow may be applied by
the governing body for the completion of improvements as agreed and
may be held for a period of 12 months after final completion of such
improvements for the purpose of:
(a)
Guaranteeing and securing the correction of any defect in material
or workmanship furnished for such improvements latent in character,
and not discernible at the time of final inspection or acceptance
by the governing body; and
(b)
Guaranteeing against any damage to such improvements by reason of
the settling of the ground, base or foundation thereof.
(2)
Such agreement shall also provide that the bond may be applied by
the Montgomery Borough Council for any amounts incurred correcting
such defects. The balance of such deposit, if any, held at the end
of such period shall be returned by the governing body to the depositer,
or paid to the order of the depositer without payment of interest
by the governing body.
D.
Prior to offering any improvement to the governing body, the developer
furnishes a written guarantee that all indebtedness incurred for supplies,
material, labor furnished, or engineering and professional services
in the construction of improvements shall have been paid in full and
that there are no claims for damage or suits against the contractor
involving such improvements.
A.
Where not prohibited by this or any other laws or ordinances, land
located in flood-prone area(s) may be platted for development with
the provision that the developers construct all buildings and structures
to preclude flood damage in accordance with this and any other laws
and ordinances regulating such development.
B.
Building sites for residences or any other type of dwelling or accommodation
shall not be permitted in any floodway area. Sites for these uses
may be permitted outside the floodway area if the sites or dwelling
units are elevated to a height at least 1 1/2 feet above the
elevation of the one-hundred-year flood. 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.
C.
Building sites for structures or buildings other than for residential uses shall also not be permitted in any floodway area. Also such sites for structures or buildings outside the floodway shall be protected as provided for in Subsection B above. However, the governing body may allow the subdivision or development of areas or sites for commercial and industrial uses at an elevation less than 1 1/2 feet above the one-hundred-year flood 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.
D.
If the Montgomery Borough Council 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.
E.
When a developer does not intend to develop the plat himself and
the Montgomery Borough Council 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.
F.
The plan shall show the boundary of the one-hundred-year floodplain
utilizing the Type 15 Flood Insurance Study. If such information is
not available, the floodplain shall be generally located on the plan
utilizing the best available data.
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.
No alternation or relocation of a stream or watercourse can
take place without obtaining the required permit from the Department
of Environmental Protection. Prior to such alternation or relocation,
adjacent communities, the Department of Community and Economic Development
and FIA must be notified. Under no circumstances shall any alteration
or relocation take place which will lower the flood-carrying capacity.
The finished elevation of proposed streets shall be not more
than two feet below the one-hundred-year flood elevation. The Montgomery
Borough Council may require, where necessary, profiles and elevations
of streets to determine compliance with this requirement. Drainage
openings shall be sufficient to discharge flood flows without unduly
increasing flood heights.
All sanitary sewer systems located in flood-prone areas, whether
public or private, shall be flood-proofed up to a point 1 1/2
feet above the one-hundred-year flood.
A.
The Montgomery Borough Council 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 Montgomery Borough Council 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 Montgomery Borough Council 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 Montgomery Borough
Council 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.
All water systems located in flood-prone areas, whether public
or private, shall be floodproofed to a point 1 1/2 feet above
the one-hundred-year flood elevation. If there is an existing public
water supply system on or near the subdivision, the Montgomery Borough
Council shall require the developer to connect to this system where
practical, shall prescribe the procedures to be followed by the developer
in connecting to the system.
All other public and/or private utilities and facilities shall
be elevated or floodproofed to a point 1 1/2 feet above the one-hundred-year
flood elevation.
A.
Storm
drainage facilities shall be designed to convey the flow of surface
waters 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 waste disposal sites.
B.
Plans
shall be subject to the approval of Montgomery Borough Council. The
Montgomery Borough Council 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.
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.
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.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading paving, excavation or drilling operation.
A building designed and constructed for residential purposes
in which people live.
Relatively flat or low land adjoining a stream, river or
watercourse, which is subject to partial or complete inundation; or,
any area subject to the unusual and rapid accumulation or runoff of
surface waters from any source. For additional delineation see Section
4.41 of the Zoning Ordinance.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved to carry and discharge the one-hundred-year
flood without cumulatively increasing the water surface elevation
more than one foot at any point.
The improvement of one lot or two or more contiguous lots,
tracts or parcels of land for any purpose involving:
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 divisions
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.
