[Ord. 2013-39, 1/10/2013]
1.Â
The purpose of the regulations set forth in this Part 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 Subdivision and Land Development Ordinance, Swatara Township
Code of Ordinances, Swatara Township Ordinance No. 2012-35, the Lebanon
County Floodproofing Building Code, and any other applicable ordinances
and codes.
2.Â
These regulations are designed to prohibit or restrict construction
of any permanent building or structure, or uses and activities in
the special flood hazard area (SFHA) shown on the Flood Insurance
Rate Map, in order to prevent unnecessary loss of life or property
from possible natural catastrophe, as well as to protect stream valleys
from ecologically detrimental development that may contribute to a
water pollution problem, create erosion in and around watercourses,
and induce flooding conditions. In addition, these provisions are
intended to prevent the creation of health, welfare, and safety hazards,
the extraordinary and unnecessary expenditure of public funds for
flood protection and relief, to minimize future flood damage, and
comply with federal and state floodplain management requirements.
[Ord. 2013-39, 1/10/2013]
As used in this Part, the following terms shall have the meanings
indicated:
The flood, also known as the one-hundred-year flood, which
has a one-percent chance of being equaled or exceeded in any given
year (also called "one-hundred-year flood").
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent or greater chance of
being equaled or exceeded 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 municipality.
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.
The official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the
areas of special flood hazards and the risk premium zones applicable
to the Township.
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
A relatively flat or low-land area adjoining a river, stream,
or watercourse which is subject to partial or complete inundation
by water;
An area subject to the unusual and rapid accumulation of runoff
of surface water from any source.
For the purposes of this Part, the floodplain shall be considered
to be the one-hundred-year floodplain which is a floodplain having
a one-percent 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 all mobile homes and 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 one-percent
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. 2013-39, 1/10/2013]
1.Â
The following procedures shall be required in addition to those specified
otherwise in these regulations.
A.Â
Pre-application Procedures.
(1)Â
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)Â
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.Â
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)Â
A map illustrating the location of the proposed subdivision
or land development with respect to the municipality'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)Â
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)Â
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.Â
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)Â
All information required for submission of the preliminary plan
plus any changes required by the Planning Commission and/or the Board
of Supervisors.
(2)Â
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. 2013-39, 1/10/2013]
1.Â
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.Â
General.
(1)Â
Where not prohibited by this or any other laws or ordinances,
land located in the floodplain areas 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)Â
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 the following:
(3)Â
If the Planning Commission and/or Township Supervisors determine
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 that determination.
(4)Â
When a developer does not intend to develop the plat himself
and the Planning Commission and/or Township Supervisors determine
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)Â
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 in writing that the flood-carrying capacity within the
altered or relocated portion of the watercourse in question will be
maintained and shall provide copies of all permits for such alteration
or relocation issued by the Pennsylvania Department of Environmental
Protection.
(6)Â
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 construction 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)Â
Lots which are within the floodplain shall be subject to the
following:
(a)Â
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)Â
Lot access to a public road shall not be restricted or prevented
by floodplain areas.
B.Â
Excavation, Grading and Use of Fill. Any excavation activities, grading
and use of fill shall be in compliance with all applicable terms of
the municipal zoning ordinance, Township Ordinance No. 2012-35, 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 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
approval from the Township.
C.Â
Drainage Facilities. 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.
(1)Â
Plans shall be subject to the approval of the Planning Commission
and Township Supervisors. The Planning Commission 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.Â
Streets. The finished excavation of proposed streets shall be no
more than two feet below the base flood elevation. The Planning Commission
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.Â
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)Â
The Planning Commission may 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. The Planning Commission 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.
(a)Â
No part of any private on-lot sewage disposal system shall be
constructed within any SFHA.
(2)Â
The Planning Commission may prescribe adequate methods for waste
disposal. If a sanitary sewer system is located on or within 1,000
feet of the proposed subdivision and/or land development, the Planning
Commission and/or the Township Supervisors 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.Â
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 Planning Commission
and/or the Township Supervisors 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.Â
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. 2013-39, 1/10/2013]
1.Â
No final plat shall be approved by the Planning Commission and the
Township Supervisors until the improvements required by this chapter
are completed in a satisfactory manner. In lieu of such construction,
approval may be granted prior to completion providing:
A.Â
The developer enters into an agreement with the Township 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; and
B.Â
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 § 22-514 of this chapter shall apply to any such bonding proposal.
[Ord. 2013-39, 1/10/2013]
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.
