[Ord. No. 74-1977, § 801, 7/12/1977]
1. Purpose. The specific purpose of these special provisions is:
A. To regulate the subdivision and/or development of flood-prone land
areas in order to promote the general health, welfare and safety of
the community.
B. 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
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 and/or
development of unprotected flood-prone lands.
2. Abrogation and greater restrictions. This article supersedes any ordinance currently in effect in flood areas. However, any underlying ordinance shall remain in full force and effect to the extent that those provisions are more restrictive. Refer to Chapter
5, Division 2, Flood Control Provisions, § 5-211, et seq.
3. Township liability. The grant of a permit or approval of a subdivision
and/or land development plan in the identified flood-prone and/or
mudslide-prone area(s) shall not constitute a representation, guarantee,
or warranty of any kind by the Township of South Hanover 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. No. 74-1977, § 802, 7/12/1977]
1. Pre-application procedures.
A. Prior to the preparation of any plans, it is suggested that prospective
developers consult with the Pennsylvania Department of Environmental
Resources 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 hazards
either exist or will be created as result of the subdivision or development.
2. Preliminary plan requirements. 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 and/or land
development with respect to the Township'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 and/or land development lies partially or completely
in the flood-prone areas, or where the subdivision and/or land development
borders on the flood-prone areas, 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
areas.
3. 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:
A. All information required for the submission of the preliminary plan
incorporating any changes requested by the Board of Supervisors.
B. A map showing the exact location and elevation of all proposed buildings,
structures, roads and public utilities to be constructed in flood-prone
areas. All such maps shall show contours at intervals of two feet
and identify accurately the boundaries of the flood-prone areas.
C. Whenever a developer intends to alter or relocate a watercourse within the floodplain district, as defined in the Township Zoning Ordinance [Chapter
27], the developer shall notify in writing by certified mail all adjacent communities and the Pennsylvania Department of Community Affairs of all such intended activities prior to any alteration or relocation of the watercourse, and shall submit copies of such notifications 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.
[Ord. No. 74-1977, § 803, 7/12/1977]
1. General.
A. Where not prohibited by this chapter or any other laws or ordinances,
land located in flood-prone 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 or any other laws
or 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 regulatory flood. 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.
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
1B above. However, the Board of Supervisors may allow the subdivision and/or development of areas or sites for commercial or industrial uses at an elevation less than 1 1/2 feet above the regulatory flood if the developer otherwise protects the area to that height or assures that the buildings or structures will be floodproofed and watertight at least up to that height.
D. If the Board of Supervisors 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 Board of Supervisors 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.
2. 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 Township.
3. Drainage facilities.
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 the Board of Supervisors.
C. The Board of Supervisors 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 drainage of excess runoff onto adjacent properties.
4. Streets. The finished elevation of proposed streets shall be no more
than two feet below the regulatory flood elevation. The Board of Supervisors
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.
5. Sewer facilities. All sanitary sewer systems located in flood-prone
areas, whether public or private, shall be floodproofed up to a point
1 1/2 feet above the regulatory flood elevation.
A. The Board of Supervisors may prohibit installation of sewage disposal
facilities requiring soil absorption systems where such systems will
not function due to high ground water, flooding, or soil characteristics.
The Board of Supervisors 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 Board of Supervisors 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 Board of 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.
6. Water facilities. All water systems located in flood-prone areas
whether public or private, shall be floodproofed to a point 1 1/2
feet above the regulatory flood elevation. If there is an existing
public water supply system on or near the subdivision, the Board of
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.
7. Other public utilities and facilities. All other public and/or private
utilities and facilities shall be elevated or floodproofed to a point
1 1/2 feet above the regulatory flood elevation.
[Ord. No. 74-1977, § 804, 7/12/1977; Ord. No. 79-1977, §§ 1, 2, 12/13/1977]
[The following words and phrases, as used in this chapter, shall
have the meaning hereby ascribed thereto, unless the context clearly
indicates a different meaning:]
BUILDING
Any enclosed or open structure other than a boundary fence
occupying more than four square feet of area.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, streets,
and other paving, utilities, mining, dredging, filling, grading, excavation
or drilling operations.
FLOOD
A temporary inundation of normally dry land areas.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes or adjustments to properties and structures which reduce or
eliminate flood damage to lands, water and sanitary facilities, structures,
and contents of buildings.
FLOODWAY
The designated part of the area inundated by the regulatory
flood required to carry and discharge the floodwaters of the regulatory
flood without causing a rise in the elevation of that flood of more
than one foot, which is shown on the South Hanover Township Official
Floodplain Map.
ONE-HUNDRED-YEAR FLOOD
A flood that has one chance in 100 or a 1% chance of being
equaled or exceeded in any year. For the purpose of this chapter,
the one-hundred-year flood (base flood) as defined by Federal Insurance
Administration, U.S. Department of Housing and Urban Development,
in Flood Insurance Study, South Hanover Township, Dauphin County,
Pennsylvania.
REGULATORY FLOOD
The flood which has been selected as the basis for floodplain
management regulations. For the purposes of this article, the one-hundred-year
flood (base flood) as defined by the Federal Insurance Administration,
U.S. Department of Housing and Urban Development in Flood Insurance
Study, South Hanover Township, Dauphin County, Pennsylvania.
REGULATORY FLOOD ELEVATION
The elevation of the regulatory flood at a point. For the
purposes of this chapter, the one-hundred-year flood (base flood)
elevation shall be as contained in the flood insurance study for South
Hanover Township. Within the approximate floodplain, the regulatory
flood elevation shall be established at a point on the boundary of
the approximated floodplain which is nearest to the construction site
in question.
STRUCTURE
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank that is principally above ground,
as well as a mobile home.