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.
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:
(1) The location and elevation of proposed roads, utilities
and building sites, fills, flood or erosion protection facilities.
(2) The one-hundred-year-flood elevations.
(3) Areas subject to special deed restrictions.
(4) Information regarding drainage facilities to show compliance with §
169-67 hereof, including but not limited to size, type and location of drainage facilities.
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.
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.
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.
As used in this article, the following terms shall have the meanings
indicated:
BUILDING
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.
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
DEVELOPER
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.
DEVELOPMENT
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.
DWELLING
A building designed and constructed for residential purposes in which
people live.
FLOOD
A temporary condition of partial or complete inundation of normally
dry land areas.
IDENTIFIED FLOODPLAIN AREA OR DISTRICT
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).
ONE-HUNDRED-YEAR FLOOD
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).
ONE-HUNDRED-YEAR-FLOOD ELEVATION
The base flood elevation as referenced in the flood insurance study
prepared by the Federal Insurance Administration ("FIA"), and Federal Emergency
Management Agency ("FEMA").
START OF CONSTRUCTION
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.
STRUCTURE
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.
SUBDIVISION
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.