(A) Land shall be suited to the purposes for which it is to be subdivided or developed.
(B) Land which is unsuitable for development because of hazards to life, safety, health, or property shall not be subdivided or developed until such hazards have been eliminated or unless adequate safeguards against such hazards are provided for in the subdivision or land development plan. Land included as having unsuitable characteristics would be the following:
(1) Land subject to flooding or which has a high groundwater table.
(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 division (B)(1)(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 below the regulatory flood elevation if the developer otherwise protects the area to that height or assures that the buildings or structures will be flood-proofed at least up to that height.
(d) If the borough 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 or herself and the borough 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.
(2) Land which, if developed, will create or aggravate a flooding condition upon other land;
(3) Land subject to subsidence;
(4) Land subject to underground fires;
(5) Land containing significant areas of slopes greater than 10%;
(6) Land which, because of topography or means of access, is considered hazardous by the Borough Council; and
(7) Land which is subject to ground pollution or contamination.
(C) Proposed subdivisions of land developments shall be coordinated with existing nearby neighborhoods so that the community as a whole may develop harmoniously.
(D) Proposed land uses shall conform to the borough’s zoning ordinance (Chapter 154).
(Prior Code, Ch. 22, Pt. 5, § 502) (Ord. 2-2001, passed 7-2-2001)