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 flooding by prohibiting the subdivision and/or development of unprotected flood-prone lands.
This chapter 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 and/or land development plan in the identified flood-prone area(s) shall not constitute a representation, guarantee or warranty of any kind by the Borough or by an official or employee thereof of the practicability or safety of the proposed use, and shall create no liability upon the Borough, 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 any Conservation District representative concerning erosion and sediment control and the soil limitations that might exist on the proposed development. At the same time, a determination should be made as to whether any flood hazards 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 chapter.
B. 
A map showing the location of the proposed subdivision and/or land development with respect to the Borough's flood-prone areas including, 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.
D. 
Final plans shall contain all the aforesaid requirements.
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 developer construct all buildings and structures to preclude flood damage in accordance with this and any other laws and ordinances regulating such development.
B. 
No subdivision and/or land development, or part thereof, shall be approved if the proposed development and/or improvements will, individually or collectively, increase the regulatory flood elevation more than one foot at any point.
C. 
Building sites for residences or any other type 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 of at least one foot above the elevation of the regulatory flood. If fill is authorized and 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 structure.
D. 
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 Borough Council may allow the subdivision and/or development of areas or sites for commercial and industrial uses at an elevation less than one foot above the regulatory 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.
E. 
If the Jim Thorpe Borough Planning Commission or 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.
F. 
When a developer does not intend to develop the plat himself and the Jim Thorpe 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 record plat.
Where any earth-moving or grading is proposed, or where any existing trees, shrubs or other vegetative cover will be removed, the developer shall consult any 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 can accommodate. The above information shall be submitted to the Jim Thorpe Borough Planning Commission and Council as part of the subdivider's application for subdivision plan approval.
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 Jim Thorpe Planning Commission, Council and Borough Engineer.
C. 
The Borough Engineer 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 be no more than one foot below the regulatory flood elevation. The Borough Engineer may require, when 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 floodproofed up to a point one foot above the regulatory flood elevation.
A. 
The Jim Thorpe Planning Commission or Borough Council shall 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 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 Planning Commission or Council shall prescribe adequate methods for waste disposal. If a sanitary sewer system is located on or near the proposed subdivision and/or land development, the Planning Commission or 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 one foot above the regulatory flood elevation. If there is an existing public water supply system on or near the subdivision, the Council 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/or private utilities and facilities shall be elevated or floodproofed to a point one foot above the regulatory flood elevation.