Building construction — See Ch. 55.
Uniform construction codes — See Ch. 71.
Zoning — See Ch. 193.
§ 95-3Abrogation and greater restrictions.
§ 95-4Disclaimer of Borough liability.
§ 95-5Preapplication procedures.
§ 95-6Preliminary plan requirements.
§ 95-7Final plan requirements.
§ 95-8Performance bond.
§ 95-9General design standards.
§ 95-10Excavation and grading.
§ 95-11Drainage facilities.
§ 95-13Sewer facilities.
§ 95-14Water facilities.
§ 95-15Other public utilities and facilities.
§ 95-16Violations and penalties.
As used in this chapter, the following terms shall have the meanings indicated:
- 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 the Borough
Zoning OrdinanceEditor's Note: See Ch. 193, Zoning.
- 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.
- 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.
- A building designed and constructed for residential purposes in which people live.
- The channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of the one-hundred-year magnitude.
- ONE-HUNDRED-YEAR FLOOD
- A flood that, on the average, is likely to occur once every 100 years, i.e., that has 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 1 1/2 feet.
- 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.
- The division or redivision of a lot, tract or parcel of land by any means into two 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 10 acres not involving any new street or easement of access shall be exempted.
The specific purpose of these special provisions is 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.
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.
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 districts.
This chapter supersedes any conflicting ordinance currently in effect in flood areas. However, any other applicable 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 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 Borough or by any official or employee thereof of the practicability or safety of the proposed use and shall create no liability upon the part of the Borough, its officials or employees.
Prior to the preparation of any plans, it is suggested that prospective developers consult with the Pennsylvania Department of Environmental Resources concerning soil suitability when on-site sewage disposal facilities are proposed.
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.
The following information shall be required as part of the preliminary plan and shall be prepared by a registered engineer or surveyor:
Name of engineer, surveyor or other qualified person responsible for providing the information required in this section.
A map showing the location of the proposed subdivision and/or land development with respect to any designated floodplain district, including information on, but not limited to, the one-hundred-year flood elevations, boundaries of the floodplain districts, proposed lots and sites, fills, flood- or erosion-protective facilities and areas subject to special deed restrictions.
Where the subdivision and/or land development lies partially or completely within any designated floodplain districts or where the subdivision and/or land development borders on a floodplain district, 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 floodplain districts.
The following information shall be required as part of the final plan and shall be prepared by a registered engineer or surveyor:
All information required for the submission of the preliminary plan, incorporating any changes requested by the Borough Council.
A map showing the exact location and elevation of all proposed buildings, structures, roads and public utilities to be constructed within designated floodplain districts. All such maps shall show contours at intervals of two feet and identify accurately the boundaries of the flood-prone areas.
Submission of the final plan shall also be accompanied by all required permits and related documentation from the Department of Environmental Resources 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 any such activity is proposed.
No final plan shall be approved by the Council of the Borough of Baden until the improvements required by this chapter are constructed in a satisfactory manner and approved by the Council of the Borough of Baden. In lieu of such construction, the Council of the Borough of Baden may grant final approval prior to completion, provided that:
The developer enters into an agreement with the Council of the Borough of Baden guaranteeing that the improvements will be installed in accordance with the plans, specifications and schedules approved by the Council of the Borough of Baden prior to plat approval. This agreement shall also guarantee that no lot will be sold or building constructed in any designated floodplain district prior to completion of all protective works or measures planned for such lot and necessary access facilities.
Simultaneously with the execution of the agreement specified in Subsection A, the developer offers a fiscal surety to guarantee performance of this agreement and installation of improvements by the developer/owners at their own expense in accordance with the approved plans, specifications and schedules. The surety bond shall be in the full amount of the estimated costs. The surety agreement shall be conditioned upon final approval of the plat. The bond shall be offered by the developer, his agent or an authorized bonding firm. The bond shall consist of a certified check, escrow account or irrevocable letter of credit in favor of the Council of the Borough of Baden.
The developer agrees that the deposit in escrow may be applied by the governing body for the completion of improvements as agreed and may be held for a period of 12 months after final completion of such improvements for the purpose of:
Guaranteeing and securing the correction of any defect in material or workmanship furnished for such improvements latent in character and not discernible at the time of final inspection or acceptance by the governing body.
Guaranteeing against any damage to such improvements by reason of the settling of the ground, base or foundations thereof. Such agreement shall also provide that the bond may be applied by the Council of the Borough of Baden for any amounts incurred correcting such defects. The balance of such deposit, if any, held at the end of such period shall be returned by the Council of the Borough of Baden to the depositor or paid to the order of the depositor without payment of interest by the Council of the Borough of Baden.
Prior to offering any improvements to the governing body, the developer furnishes a written guaranty that all indebtedness incurred for supplies, material, labor furnished or engineering and professional services in the construction of improvements shall have been paid in full and that there are no claims for damage or suits against the contractor involving such improvements.
Where not prohibited by this 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 chapter and any other laws and ordinances regulating such development.
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 one-hundred-year flood elevation more than one foot at any point.
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 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.
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 area shall be protected as provided for in Subsection C above. However, the Council of the Borough of Baden 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.
If the Council of the Borough of Baden 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.
When a developer does not intend to develop the plat himself and the Council of the Borough of Baden 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.
Where any excavation or grading is proposed or where any existing trees, shrubs or other vegetative cover will be removed, the developer shall consult with the County Conservation District representative concerning plans for erosion and sediment control and also to 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 if such is required by the Borough.
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.
Plans shall be subject to the approval of the Council of the Borough of Baden. The Council of the Borough of Baden 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 not be more than one foot below the regulatory flood elevation. The Council of the Borough of Baden may require, where necessary, profiles and elevations of streets to determine compliance with the requirement. Drainage openings shall be sufficient to discharge flood flows without unduly increasing flood heights.
All sanitary sewer systems located in any designated floodplain district, whether public or private, shall be floodproofed up to the regulatory flood elevation.
The Council of the Borough of Baden 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 of the Borough of Baden 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.
The Council of the Borough of Baden 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 Council of the Borough of Baden 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 any designated floodplain districts, whether public or private, shall be floodproofed up to the regulatory flood elevation. If there is an existing public water supply system on or near the subdivision, the Council of the Borough of Baden 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, including gas and electric, shall be elevated or floodproofed up to the regulatory flood elevation.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $300 and costs of such proceedings or, upon default of payment of such fine and costs, by imprisonment in the county jail for a term of not more than 30 days.