(A) Purpose. The specific purposes of these special provisions are:
(1) To regulate the subdivision or development of land within any designated floodplain area in order to promote the general health, welfare and safety of the community;
(2) 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; and
(3) To prevent individuals from buying lands which are unsuitable for use because of flooding by prohibiting the improper subdivision or development of unprotected lands within the designated floodplain districts.
(B) Abrogation and greater restrictions. To the extent that this section imposes greater requirements or more complete disclosure than any other provisions of this chapter, in any respect, or to the extent that the provisions of this section are more restrictive than such other provisions, it shall control such other provisions of this chapter.
(C) Disclaimer of municipal liability. The grant of a permit or approval of a plan for any proposed subdivision or land development to be located within any designated floodplain area shall not constitute a representation, guarantee or warranty of any kind by the borough or by any official or employee thereof of the practicability or safety of the proposed use, and shall create no liability upon the borough, its officials, employees or agents.
(D) Application procedures and requirements.
(1) Pre-application procedures.
(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 the County Conservation District representative concerning erosion and sediment control and the effect of geologic conditions on the proposed development. At the same time, 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.
(2) 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:
(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 or land development with respect to any designated floodplain area, including information on, but not limited to, the 100-year flood elevations, boundaries of the floodplain area or areas, proposed lots and sites, fills, flood or erosion protective facilities, and areas subject to special deed restrictions;
(c) Where the subdivision or land development lies partially or completely within any designated floodplain area, or where the subdivision or land development borders on a floodplain area, 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 feet, and shall identify accurately the boundaries of the floodplain areas; and
(d) Such other information as is required by this chapter.
(3) Final plan requirements. The following information shall be required as part of the final plan and shall be prepared by a registered engineer or surveyor:
(a) All information required for the submission of the preliminary plan incorporating any changes requested by the Council of the borough;
(b) A map showing the exact location and elevation of all proposed buildings, structures, roads and public utilities to be constructed within any designated floodplain area. All such maps shall show contours at intervals of two feet within the floodplain area and shall identify accurately the boundaries of the flood-prone areas; and
(c) 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 of watercourse is proposed. In addition, documentation shall be submitted indicating that all affected adjacent municipalities have been notified in advance of the proposed alteration or relocation. The Department of Community and Economic Development and the Federal Insurance Administration shall also be notified in advance of any such proposed activity and proof of such notification shall be submitted in advance of the Planning Commission meeting at which such plan is to be considered.
(E) Design standards and improvements in designated floodplain areas.
(1) General.
(a) Where not prohibited by this or any other laws or ordinances, land located in any designated floodplain area 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 or land development, or part thereof, shall be approved if the proposed development or improvements will, individually or collectively, increase the 100-year flood elevation more than one foot at any point.
(c) Building sites for residences or any other type of dwelling or accommodation shall not be permitted in any floodway area. Sites for these uses may be permitted outside the floodway area in a floodplain area if the lowest floor (including basement) is elevated to the regulatory flood elevation. If fill is used to raise the elevation of a site, the fill area shall extend laterally for a distance of at least 15 feet beyond the limits of the proposed structures and access shall meet the requirements of division (E)(3) below.
(d) Building sites for structures or buildings other than for residential uses shall not be permitted in any floodway area. Sites for such structures or buildings outside the floodway in a floodplain area shall be protected as provided for in division (E)(1)(c) above. However, the Council of the borough may allow the subdivision 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 to the regulatory flood elevation.
(e) If the Council of 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.
(f) When a developer does not intend to develop the plat himself or herself and the Council of the borough determines that additional controls are required to ensure safe, development, it may require the developer to impose appropriate deed restrictions of the land. Such deed restrictions shall be inserted in every deed and noted on every recorded plat.
(2) Drainage facilities.
(a) Storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The system shall ensure 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 Council of the borough. The Council of the borough may require a primary underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local, county and regional drainage plans. The facilities shall be designed to prevent the discharge of excess run-off onto adjacent properties.
(3) Streets and driveways. The finished elevation of proposed streets and driveways shall not be more than one foot below the regulatory flood elevation. Profiles and elevations of streets and driveways to determine compliance with this requirement and as required by other provisions of this chapter shall be submitted with the final plan. Drainage openings shall be sufficient to discharge flood flows without unduly increasing flood heights.
(4) Sewer facilities. All sanitary sewer systems located in any designated floodplain area, whether public or private, shall be flood-proofed up to the regulatory flood elevation.
(5) Water facilities. All water systems located in any designated floodplain area, whether public or private, shall be flood-proofed up to the regulatory flood elevation.
(6) Other utilities and facilities. All other public or private utilities and facilities including gas and electric, shall be elevated or flood-proofed up to the regulatory flood elevation.
(2006 Code, § 22-513) (Ord. 90-9, passed 9-10-1990, § 513; Ord. 2006-3, passed 7-10-2006) Penalty, see § 153.999