The specific purpose of these special provisions
is:
A. To regulate the subdivision and/or development of
land within any designated floodplain district to promote the general
health, welfare and safety of the community.
B. To require that each subdivision lot in a flood-prone
area be provided with a safe building site with adequate access and
that public facilities that 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.
The provisions of this article shall supersede the provisions of any other article of this chapter or any other ordinance of the Township as the same shall relate to subdivision and/or land development within any floodplain district as established by Chapter
325, Zoning; provided, however, that any other applicable ordinance shall remain in full force and effect to the extent that the provisions thereof are more restrictive than the provisions of this chapter.
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 Township or by any official
or employee thereof of the practicability or safety of the proposed
use and shall create no liability upon the Township, its officials
or employees.
In addition to all other information required
by this chapter as part of the preliminary plan, the following shall
be prepared and submitted by a registered engineer or registered surveyor
for any subdivision and/or land development in a floodplain district:
A. 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.
B. Where the subdivision and/or land development lies
partially or completely within any designated floodplain district
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.
In addition to all other information required
by this chapter as part of the final plan, the following shall be
prepared and submitted by a registered engineer or registered surveyor
for any subdivision and/or land development in a floodplain district:
A. All information required for the submission of the
preliminary plan incorporating any changes requested by the Board
of Supervisors.
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 district. All such
maps shall show contours at intervals of two feet and identify accurately
the boundaries of the flood-prone areas.
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 a
local municipality where any alteration or relocation of a stream
or watercourse is proposed. In addition, documentation shall be submitted
indicating that all affected municipalities have been notified of
the proposed alteration or relocation. The Department of Community
and Economic Development and the Federal Insurance Administration
shall also be notified whenever any such activity is proposed.
The following words, terms and phrases as used
in this article shall have ascribed to them the following meanings:
BUILDING
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers used for human habitation.
DESIGNATED FLOODPLAIN DISTRICTS
Those floodplain districts specifically designated in Chapter
325, Zoning, as being inundated primarily by the one-hundred-year flood. Included are areas identified as Floodway District (FW), the Floodway Fringe District (FF) and the Approximated Floodplain District (FA).
DEVELOPER
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.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion or alteration of buildings or other structures,
the placement of manufactured homes, streets and other paving, utilities,
filling, grading and excavation, mining, dredging, drilling operations,
storage of equipment or materials and the subdivision of land.
DWELLING
A building designed and constructed for residential purposes
in which people live.
FLOODWAY
The designated area of a floodplain required to carry and
discharge floodwater of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating 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 a one-percent chance of occurring each year,
although the flood may occur in any year).
STRUCTURE
Anything constructed or erected on the ground or attached
to the ground, including, but not limited to, buildings, factories,
sheds, cabins, manufactured homes and other similar items.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership of building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres
not involving any new street or easement of access or any residential
dwelling shall be exempted.