[Added 6-2-1980 by Ord. No. 803]
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 article 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 the Lehigh County
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 section.
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 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 Catasauqua 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 Catasauqua 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
recorded 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 the Lehigh 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 can accommodate. The above information shall
be submitted to the Catasauqua 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 Catasauqua
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 Catasauqua 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 ground water, 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.
