[Added 2-13-1981 by Ord. No. 85)

The specific purposes of these provisions are

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 district

This Article 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 designated floodplain 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. Preapplication procedures

(1) 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

(2) Prospective developers should consult the County Conservation District representative concerning erosion and sediment control and the effect of geologic conditions on the proposed development At the same tune a determination should be made as to whether or not any flood hazards either exist or will be created as a result of the subdivision or development

B. 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

(1) The name of the engineer, surveyor or other qualified person responsible for providing the information required in this section

(2) A map showing the location of the proposed subdivision and/or land development with respect to any designated floodplain district, including information on the one-hundred-year-flood elevations

(3) Preliminary plan map

(a) Where the subdivision and/or land development lies partially or completely within any designated floodplain districts or where such activities border on any designated floodplain district, the preliminary plan map shall include the following information

[1] The location and elevation of proposed roads, utilities and building sites, fills and flood or erosion protection facilities

[2] The one-hundred-year-flood elevations

[3] Areas subject to special deed restrictions

(b) All such maps shall show contours at intervals of two (2) or five (5) feet depending upon the slope of the land and identify accurately the boundaries of the designated floodplain districts

C. Final plan requirements

(1) The following information shall be required as part of the final plan and shall be prepared be 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 within any floodplain district All such maps shall show contours at intervals of two (2) feet and identify accurately the boundaries of the flood-prone areas

(2) Submission of the final plan shall also be accompanied by all required permits and related documentation from the Department of Environmental Protection 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 such activity is proposed

A. General requirements

(1) Where not prohibited by this Article or any other laws or ordinances, land located in any designated floodplain 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 Article and any other laws and ordinances regulating such development

(2) Building sites for residences or any other type of dwelling or accommodation shall not be permitted in any designated floodway district Sites for these uses may be permitted outside the floodway district 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 fifteen (15) feet beyond the limits of the proposed structures

(3) Building sites for structures or buildings other than for residential uses shall also not be permitted in any designated floodway 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

(4) 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

(5) When a developer does not intend to develop the plat himself and the Board of Supervisors determines that additional controls are required to ensure 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

B. Excavation and grading Where any excavation or gracing 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 when such is required by the township

C. Drainage facilities

(1) Storm drainage facilities shall be designated to convey the flow of stormwater runoff in a safe and efficient manner The system shall ensure drainage at all points along streets and provide positive drainage away from buildings and on-site waste disposal sites

(2) Plans shall be subject to the approval of the Board of Supervisors The Board of Supervisors may require a primarily 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

D. Streets The finished elevation of proposed streets shall not be more than the one (1) foot below the regulatory flood elevation The Board of Supervisors may require, where necessary, profiles and elevations of streets to determine compliance with the requirements Drainage openings shall be sufficient to discharge flood flows without unduly increasing flood heights

E. Sewer facilities

(1) All sanitary sewer systems located in any designated floodplain district, whether public or private, shall be floodproofed up to the Regulatory Flood Elevation

(2) The Board of Supervisors 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 or are proposed for location in designated floodplain districts The Board of Supervisors may require that the developer on the face of the plat and in any deed of conveyance that soil absorption fields are prohibited in designated areas

(3) 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

F. Water facilities Wells to be used as a source of water supply shall not be permitted within any floodplain district due to the hazard of infiltration and contamination caused by flooding 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

G. Other utilities and facilities 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

DESIGNATED FLOODPLAIN DISTRICTS - Those floodplain districts specifically designated in Chapter 1500, Zoning, as being inundated primarily by the one hundred-year flood Included would be areas identified as the Floodway District (FW), the Flood-Fringe District (FF) and the General Floodplain District (FA)

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, excluding wells used as a source of water supply, due to the hazard of infiltration and contamination caused by flooding

DWELLING - A building designed and constructed for residential purposes in which people live

ONE-HUNDRED-YEAR FLOOD - A flood that, on the average, is likely to occur once every one hundred (100) years (i e , that has a one-percent chance of occurring each year, although the flood may occur in any year)

REGULATORY FLOOD ELEVATION - The one hundred-year-flood elevation, plus a freeboard safety factor of one and one-half (1 1/2) feet

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 (2) 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 ten (10) acres, not involving any new street or easement of access, shall be exempted