[Amended 1-27-1982 by Ord. No. 91]
The specific purpose of these provisions is:
A.
To regulate the subdivision and/or development of land
within any designated floodplain district 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
at the time of initial construction.
C.
To protect individuals from buying lands which are unsuitable
for use because of flood by prohibiting the improper subdivision and/or development
of unprotected lands within the designated floodplain districts.
D.
To maintain the certification of Skippack Township and
the eligibility of the property owners in the Township for the benefits of
the National Flood Insurance Program, P.L. 93-234.
This chapter supersedes any ordinances currently in effect in flood
areas. However, any other applicable ordinances 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 plan for any proposed subdivision
and/or land development to be located within any identified floodplain area
or district shall not constitute a representation, guaranty 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
Resources concerning soil suitability when on-site sewage disposal facilities
are proposed.
B.
Prospective developers should consult with the County
Conservation District representative concerning erosion and sediment control
and the effect of geologic conditions on the proposed development.
C.
If it is known that the parcels being created will be used for development requiring a special permit, or for development that is considered dangerous to human life, prospective developers should check the provisions contained in Chapter 200, Zoning, and Chapter 76, Building Construction, which pertain specifically to those kinds of development.
D.
Prospective developers shall consult with the Township
Zoning Officer to determine to what extent, if any, applicant's property
lies in the floodplain.
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 any identified floodplain area or
district, including information on the one-hundred-year-flood elevations.
C.
Where the subdivision and/or land development lies partially
or completely within any identified floodplain area or district or where such
activities border on any identified floodplain area or district, the preliminary
plan map shall include the following information:
D.
All such maps shall show contours at intervals of two
or five feet, depending upon the slope of the land, and identify accurately
the boundaries of the identified floodplain areas or districts.
A.
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 the submission of the preliminary
plan incorporating any changes requested by the Township.
(2)
A map showing the exact location and elevation of all
proposed buildings, structures, roads and public utilities to be constructed
within any identified floodplain area or district. All such maps shall show
contours at intervals of two feet and identify accurately the boundaries of
the floodplain areas.
B.
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 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.
A.
Where not prohibited by this or any other laws or ordinances,
land located in any identified floodplain area or district 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.
B.
Building sites for residences or any other type of dwelling
or accommodation shall not be permitted in any identified floodway area or
district. Sites for these uses may be permitted outside the floodway if the
sites or dwelling units are elevated up to the regulatory flood elevation.
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 identified floodway area or district. 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 and/or development of areas or sites for commercial and industrial uses at an elevation below the regulatory flood elevation 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 Township 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 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.
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 municipality.
A.
Storm drainage facilities shall be designed to convey
the flow of stormwater runoff in a safe and efficient manner. The system shall
insure proper drainage 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 Township.
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.
The finished elevation of proposed streets shall not be more than one
foot below the regulatory flood elevation. The Township may require profiles
and elevations of streets to determine compliance with the requirements. Drainage
opening shall be sufficient to discharge flood flows without unduly increasing
flood heights.
All sanitary sewer facilities and all appurtenances thereto, whether
public or private, shall be floodproofed up to the regulatory flood elevation.
A.
The installation of sewage disposal facilities requiring
soil absorption systems shall be prohibited where such systems will not function
due to high groundwater, flooding or unsuitable soil characteristics or are
proposed for location in designated floodplain areas or districts. 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 any such area
or district.
B.
The Township 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 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.
All water systems, 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.
All other public and private utilities and facilities, including gas
and electric, shall be elevated or floodproofed up to the regulatory flood
elevation.
A.
A waiver shall not be issued within any designated regulatory
floodway if any increase in flood levels during the base flood discharge would
result.
B.
A waiver shall only be issued by the Board of Supervisors
if there is:
(1)
A showing of good and sufficient cause.
(2)
A determination that failure to relax the requirements
would result in exceptional hardship to the applicant.
(3)
A determination that the relaxing of a requirement will
not result in increased flood height, additional threats to public safety
or extraordinary public expense, create nuisances, cause fraud on or victimization
of the public, or conflict with existing local laws or ordinances.
(4)
No adverse effect on adjacent properties, both upstream
and downstream.
C.
A waiver shall only be issued upon a determination that
the waiver is the minimum necessary, considering the flood hazard, to afford
relief.
D.
The Township shall maintain a record of all waivers,
including justification for their issuance, and report such decisions issued
in its annual report submitted to the Federal Insurance Administrator.
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.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
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 temporary condition of partial or complete inundation of normally
dry land areas.
Those floodplain areas specifically designated in Chapter 200, Zoning, as being inundated by the one-hundred-hear flood. Included would be areas identified as the Floodway (FW), the Flood-Fringe (FF) and General Floodplain District (FA).
A flood that, on the average, is likely to occur once every 100 years,
(i.e., that has a one-percent chance of occurring each year, although the
flood may occur in any year).
The base flood elevation as referenced in the flood insurance study
prepared by the Federal Insurance Administration ("FIA"), and Federal Emergency
Management Agency ("FEMA").
The one-hundred-year-flood elevation, plus a freeboard safety factor
or 11/2 feet.
Work on the proposed construction and/or development shall begin
within six months after the date of issuance of the building permit, or the
permit shall expire unless a time extension is granted, in writing, by the
Building Inspector. Construction and/or development shall be considered to
have started with the preparation of land, land clearing, grading, filling,
excavation for basement, footings, piers or foundations, erection of temporary
forms, the installation of piling under proposed subsurface footings, or the
installation of sewer, gas and water pipes, or electrical or other service
lines from the street. Time extension shall be granted only if a written request
is submitted by the applicant, which sets forth sufficient and reasonable
cause for the Building Inspector to approve such a request.
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 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.
