[Amended 10-25-1993 by Ord. No. 528]
In order to prevent excessive damage to buildings and structures due to flooding conditions, the following provisions supplement the provisions of Article I of this chapter and shall apply to all proposed subdivisions and land developments occurring in any of the floodplain districts designated in Chapter 275, Zoning, and as delineated in the Flood Insurance Study (FIS) dated September 30, 1993, and Flood Insurance Rate Map (FIRM) prepared for the Township of Middletown by the Federal Emergency Management Agency (FEMA), including any further amendments or supplements thereto.[1] Said study and map are available at the Township offices
during normal business hours. Specific purposes of these provisions
are as follows:
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
districts.
In addition to the maps and information required in § 210-5 of this chapter, the following maps and information, prepared by a registered engineer or surveyor, shall be submitted as indicated for preliminary and final plans.
A.
Preliminary plans.
(1)
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.
(2)
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 contours at intervals of two feet if the slope is less than 15%
or five feet if the slope exceeds 15%, and identify accurately the
boundaries of the floodplain districts.
B.
Final plans.
(1)
A map showing the exact location and elevation of
all proposed buildings, structures, roads, and public utilities to
be constructed within any designated floodplain district. All such
maps shall show contours at intervals of two feet if the slope is
less than 15% and five feet if the slope exceeds 15%, and identify
accurately the boundaries of the flood-prone areas.
(2)
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,
the Department of Community and Economic Development, and the Federal
Insurance Administrator have been notified of the proposed alteration
or relocation.
A.
General.
(1)
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 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 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.
(3)
Building sites for structures or buildings other than for residential uses shall also not be permitted in any floodway area. Sites for structures or buildings outside the floodway shall be protected as provided for in Subsection A(2) above. However, the Township Council may allow the subdivision and/or development of area 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 Township 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.
(5)
When a developer does not intend to develop the plat
himself and the Township 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.
B.
Excavation and grading. Where any excavation or grading
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
as required by the Township.
C.
Drainage facilities. 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. The Township Council 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.
D.
Streets. The finished elevation of proposed streets
shall not be more than the one foot below the regulatory flood elevation.
Profiles and elevations of streets shall be submitted to determine
compliance with this requirement. Drainage openings shall be sufficient
to discharge flood flows without unduly increasing flood heights.
E.
Sewer facilities.
All sanitary sewer systems located in any designated floodplain district,
whether public or private, shall be floodproofed up to the regulatory
flood elevation.
(1)
Sewage disposal facilities requiring soil absorption
systems which will not function due to high ground water, flooding,
or unsuitable soil characteristics are prohibited. In such areas,
the developer shall note on the face of the plat and in any deed of
conveyance that soil absorption fields are prohibited.
F.
Water facilities. 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 developer shall connect to this system where practical, in accordance with the requirements of Article V of this chapter.
G.
Other public utilities and facilities. All other public
and/or private utilities and facilities, including gas and electric,
shall be elevated or floodproofed up to the regulatory flood elevation.
H.
Permit requirements. In addition to meeting the permit requirements for subdivisions (this chapter), Chapter 275, Zoning, and Chapter 89, Construction Codes, Article II, Building Standards, development permits are required for any man-made changes to improved or unimproved real estate within the one-hundred-year floodplain, where permits for such changes are not required by any of the above regulations. Such changes shall include, but are not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavations, or drilling operations. Application for development permits shall be made on such forms and in accordance with such procedures as may be prescribed by the Township.
For purpose of this article, the following definitions
shall apply.
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.
Those floodplain districts specifically designated in Chapter 275, 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).
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. This includes a mobile home which is a transportable,
single-family dwelling intended for permanent occupancy, office or
place of assembly contained in one unit, or in two units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
"Mobile home" shall include trailers used for human habitation which
meet the above definition.
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.
A flood that, on the average, is likely to occur once every
100 years; i.e., that has a one 1% chance of occurring each year,
although the flood may occur in any year.
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.
This article supplements Article I hereof and supersedes any ordinances pertaining to subdivision and land development currently in effect in flood areas which are less restrictive than this chapter. Any other applicable ordinances shall remain in full force and effect to the extent that those provisions are more restrictive.
[Amended 4-10-1961 by Ord. No. 125; 2-12-1979 by Ord. No.
12]
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,
guarantee 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 Middletown Township, its official
or employees.
