A.   In addition to the purpose and statement of community development objectives found in Article I, § 255-2, of this chapter, the specific intent of the Floodplain Conservation District shall be to:

      (1)   Protect areas of the floodplain necessary to contain floodwaters.

      (2)   Permit only those uses in the floodplain that are compatible with preserving natural conditions and stream flow.

      (3)   Promote the general safety, health and welfare of the Township by regulating development in areas prone to flooding.

      (4)   Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.

      (5)   Minimize danger to public health and safety by protecting water supply and natural drainage.

      (6)   Reduce financial burdens imposed on the Township, its governmental units, and its residents, by preventing excessive development in areas subject to flooding.

      (7)   Comply with federal and state floodplain management requirements.

   B.   In light of the Township’s certification as eligible for federal flood insurance, it is the intent of the Floodplain Conservation District to provide adequate protection for flood -prone properties within Upper Dublin Township. In advancing these principles and the general purpose of this chapter, the following shall be the specific objectives of the Floodplain Conservation District:

      (1)   Combine with present zoning requirements, certain restrictions made necessary for flood -prone areas to promote the general health, safety and welfare and safety of the Township.

      (2)   Prevent the erection of structures in areas subject to flooding to minimize danger from flooding, unsanitary conditions, or other hazards.

      (3)   Minimize danger to public health and safety by protecting the quality and quantity of surface and subsurface water supplies adjacent to and underlying areas subject to flooding and to promote safe and sanitary drainage.

      (4)   Permit only those uses which can be appropriately located in a floodplain area as herein defined and which will not impede the flow or storage of floodwaters or otherwise cause danger to life and property at, above or below their locations along the floodplain .

      (5)   Protect adjacent landowners and those both upstream and downstream from damages resulting from development within a floodplain and the consequent obstruction or increase in flow of floodwaters.

      (6)   Protect the entire Township from individual uses of land in a floodplain area which may have an effect upon subsequent expenditures for public works and disaster relief and adversely affect the economic well-being of the Township.

      (7)   Protect those elements of the natural environment, including wildlife, vegetation and marine life, dependent upon watercourses and water areas.

      (8)   Protect other municipalities within the same watershed from the impact of improper development and the consequent increased potential for flooding.

      (9)   Provide areas for the deposition of flood -borne sediment.

      (10)   Require that uses vulnerable to floods be developed so as to be protected from flood damage in accordance with the requirements of the Federal Flood Insurance Program.

   A.   The Floodplain Conservation District (also referred to as “Floodplain District”) as defined and described by this chapter shall be deemed an overlay district where applicable on any zoning district now or hereafter delineated on the Township Zoning Map.

   B.   Should the Floodplain Conservation District (“FCD”) be declared inapplicable to any parcel of land by reason of action by the Township Zoning Officer, the Zoning Hearing Board, or any court of competent jurisdiction, the zoning applicable to such parcel shall be deemed to be the district in which the parcel is located, without consideration of the Floodplain Conservation District.

   C.   Should the zoning of any parcel or any part thereof over which the Floodplain Conservation District is located be changed through any legislative or administrative actions or judicial discretion, such change shall have no effect on the Floodplain Conservation District unless such change was made with respect to the Floodplain Conservation District.

   D.   It shall be unlawful for any person , partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within Upper Dublin Township unless the proposed work has been reviewed for compliance by the Floodplain Administrator.

   E.   A compliance review shall not be required for minor repairs to existing buildings or structures .

   A.   The Floodplain Conservation District is established as those areas of the Township subject to flooding as defined in the following enumerated subsections, with the most extensive of those areas described in the following subsections determining the outermost boundary of the Floodplain Conservation District:

      (1)   Floodplain Area. Those areas of the Township classified as Special Flood Hazard Areas (SFHAs) and subject to inundation by the waters of the one-hundred-year flood as identified in the Flood Insurance Study (FIS) and delineated on the accompanying Flood Insurance Rate Maps (FIRMs) for Upper Dublin Township and Montgomery County, Pennsylvania, dated March 2, 2016, prepared by the Federal Emergency Management Agency (FEMA), and all subsequent revisions thereto, including all digital data developed as part of the Flood Insurance Study (FIS) . Said floodplain areas shall be comprised of subdistricts as follows:

         (a)   Floodway (FW). That portion of the Floodplain Conservation District identified as “Floodway” in the AE Zone in the Flood Insurance Study prepared by FEMA. The Floodway Area shall be those areas identified as Floodway on the FIRM as well as those floodway areas which have been identified in other available studies or sources of information for those special floodplain areas where no floodway has been identified in the FIS. The floodway represents the channel of a watercourse and the adjacent land areas that must be preserved to discharge the base flood without cumulatively increasing the water surface elevation by more than one foot at any point.

            (i)   Within any floodway area, no encroachments, including fill, new construction , substantial improvements , or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

            (ii)   Within any floodway area, no new construction or development shall be allowed unless a permit is obtained from the Pennsylvania Department of Environmental Protection.

         (b)   Floodway Fringe (FF). Those portions of land within the Floodplain Conservation District subject to inundation by the 100-year flood , lying beyond the floodway in areas where detailed study data and profiles are available.

         (c)   Approximated Floodplain (FA). Those portions of land within the Floodplain Conservation District subject to inundation by the 100-year flood , where a detailed study has not been performed, but where a 100-year floodplain boundary has been approximated. When available, information from other federal, state and other acceptable sources shall be used to determine the 100-year-flood elevation, as well as a floodway area, if possible. When no other information is available, the 100-year elevation shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question.

      (2)   The AE Area/District without floodway consists of those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA and for which base flood elevations have been provided in the FIS but no floodway has been delineated.

         (a)   In the AE Area/District without floodway , no new construction , development , use or activity shall be permitted unless it can be demonstrated that the cumulative effect of all past and projected development will not increase the Base Flood Elevation (BFE) by more than one foot.

         (b)   No permit shall be granted for any construction , development , use , or activity within any AE Area/District without floodway unless it is demonstrated that the cumulative effect of the proposed development would not, together with all other existing and anticipated development , increase the BFE more than one foot.

         (c)   No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse , unless the appropriate permits are obtained from the Pennsylvania Department of Environmental Protection.

      (3)   The A Area/District shall be the areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no 1% annual chance flood elevations have been provided. For these areas, elevation and floodway information from other federal, state, or other acceptable source shall be used when available. Where other acceptable information is not available, the elevation shall be determined by using the elevation of a point on the boundary of the Floodplain Conservation District which is nearest the construction site.

      (4)   The Shallow Flooding Area District shall be those areas identified as Zones AO and AH on the FIRM and in the FIS. These areas are subject to inundation by 1%-annual chance of shallow flooding where average depths are between one and three feet. In Zones AO and AH, drainage paths shall be established to guide floodwaters around and away from structures on slopes.

      (5)   Areas containing soils with a frequency of flooding of 1% or greater per year, as determined by the Natural Resources Conservation Service, United States Department of Agriculture Web-Based Soil Survey (available online at http://websoilsurvey.nrcs.usda.gov), including the following soils:

         (a)   Bowmansville-Knauers (Bo)

         (b)   Buckingham Silt Loam (BwA)

         (c)   Cordorus (Ch)

         (d)   Hatboro (Ha)

         (e)   Rowland (Rt)

         (f)   Rowland (RwA)

         (g)   Rowland (RwB)

         (h)   Urban Land (UgB)

      (6)   Areas containing hydric soils as determined by the following Hydric Soil Boundary Short Procedure. A landowner, upon executing an agreement with the Township Board of Commissioners, may submit detailed soil profiles and a report to the Township Engineer for purposes of determining hydric soil classification and the boundary of the Floodplain Conservation District. If the Township Engineer and the landowner agree that the site specific information supplied by the landowner indicates an accurate classification of the soils, then the Township Board of Commissioners will accept the extent of hydric soil as the boundary of the Floodplain Conversation District if not in conflict with the Floodplain Area and the Community Identified Flood Hazard Areas.

      (7)   Community Identified Flood Hazard Areas shall be those areas where Upper Dublin Township has identified local flood hazard or ponding areas, as delineated and adopted on a “Local Flood Hazard Map” using best available topographic data and locally derived information such as floods of record, historic high water marks, soils or approximate study methodologies.

      (8)   Areas not reflected above, but which may be subject to inundation. These areas shall be identified by field survey and by hydrologic and hydraulic calculation and shall be subject to the review and approval of the Township Engineer, who shall make the determination as to the outermost boundary. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township.

   B.   The boundaries of the Floodplain Conservation District may be revised or modified by the Board of Commissioners from time to time upon recommendation by the Township Engineer after application and presentation of detailed engineering studies where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, the Township will notify FEMA of the changes by submitting technical or scientific data.

   C.   The Flood Insurance Studies (FISs) used to establish the boundaries of the Floodplain Conservation District and the Flood Insurance Rate Maps (FIRMs) will be available in the Township Municipal Building for review and reference.

    D.   Whenever there is a difference between any map setting forth the Floodplain Conservation District or a portion thereof and the data contained in the studies, the data contained in the studies shall determine the boundary of the Floodplain Conservation District.

   A.   Should a dispute with respect to the boundaries of the Floodplain Conservation District arise, an initial determination of the boundaries shall be made by the Township Zoning Officer after review and comment on the boundary dispute by the Township Engineer.

   B.   Any party aggrieved by a decision of the Township Zoning Officer as to the boundaries of the Floodplain Conservation District may appeal the decision to the Zoning Hearing Board as provided by this chapter. The burden of proof in such an appeal shall be on the appellant.

   C.   Insofar as various natural conditions, including the Floodplain Conservation District, may change, such changes may be determined by detailed on-site survey techniques and hydrologic and hydraulic studies. The Zoning Hearing Board shall determine whether a proposed use is within the Floodplain Conservation District upon appeal from a decision of the Township Zoning Officer. The Zoning Hearing Board may consider the findings of a detailed on-site survey and hydrologic and hydraulic studies presented by the landowner and/or applicant, and other evidence presented by the landowner and/or applicant and other parties recognized by the Zoning Hearing Board who may support or oppose the decision of the Township Zoning Officer.

   D.   All changes to the boundaries of the Floodplain Conservation District are subject to the review and approval of the Federal Insurance Administrator.

   A.   The following uses shall be permitted in the Floodplain Conservation District provided disturbance to any existing woodlands and degradation of water quality are minimized to the greatest extent practicable:

      (1)   Agricultural uses conducted in compliance with methods prescribed in the latest version of the Department of Environmental Protection’s Erosion and Sediment Pollution Control Manual.

      (2)   Agricultural crossings by farm vehicles and livestock.

      (3)   Open space uses that are primarily passive in character, including wildlife sanctuary, woodland preserve, arboretum; and passive recreation use or parks, including hiking, bicycle or bridle trails, but excluding facilities subject to damage by flooding.

      (4)   Forestry, lumbering and reforestation in accordance with recognized natural resource conservation practices and subject to review by the Montgomery County Conservation District.

      (5)   Utility transmission lines, including public sewer and/or water lines and public utility transmission lines running along the corridor with review and comment by the Township Engineer, and approval by the Township Zoning Officer based on a determination of minimal to no disturbance to existing woodlands and minimal to no degradation of water quality.

      (6)   Sealed public water supply wells with review and comment by the Township Engineer, and approval by the Township Zoning Officer based on a determination of minimal to no disturbance to existing woodlands and minimal to no degradation of water quality.

      (7)   Maintenance, testing, repair, rehabilitation or replacement of existing, currently serviceable, water obstructions or encroachments, including bridges and culverts, subject to review by the Township Engineer and approval by the Pennsylvania Department of Environmental Protection.

      (8)   Front, side or rear yards and required lot area for any district, provided that such yards are not to be used for on-site sewage disposal systems or for nonwire fences or any other structure ; however, no more than half of any required yard setback area on a lot may extend into the Floodplain Conservation District.

      (9)   Roadways serving as corridor crossings, and recreational trails.

   B.   All permitted uses are subject to applicable fioodproofing regulations.

   A.   Any use or activity not specifically permitted herein shall be prohibited within the Floodplain Conservation District.

   B.   The following uses and activities are specifically prohibited in the Floodplain Conservation District and no variance shall be granted because the uses and activities have been identified as being dangerous to human life or posing a special hazard in a floodplain :

      (1)   Any new or substantially improved structure intended for the production or storage of any of the following dangerous materials or substances, or which will be used for any activity requiring the maintenance of more than 55 gallons or other comparable volume of any of the following dangerous materials or substances on the premises:

         (a)   Acetone.

         (b)   Ammonia.

         (c)   Calcium carbide.

         (d)   Benzene.

         (e)   Carbon disulfide.

         (f)   Celluloid.

         (g)   Chlorine.

         (h)   Hydrochloric acid.

         (i)   Hydrocyanic acid.

         (j)   Magnesium.

         (k)   Nitric acid and oxides of nitrogen.

         (l)   Petroleum products (gasoline, fuel oil, etc.).

         (m)   Phosphorus.

         (n)   Potassium.

         (o)   Sodium.

         (p)   Sulphur and sulphur products.

         (q)   Pesticides (including insecticides, fungicides and rodenticides).

         (r)   Radioactive substances, insofar as such substances are not otherwise regulated.

      (2)   The construction , enlargement or expansion of any structure used or intended to be used for any of the following:

         (a)   Hospital.

         (b)   Nursing home.

         (c)   Jail or prison.

         (d)   School .

      (3)   The construction , enlargement or expansion of any sanitary landfill, dump, junkyard , or outdoor storage of vehicles and materials.

      (4)   The commencement of or any construction of a new manufactured home park or manufactured home subdivision , or a substantial improvement to an existing manufactured home park or manufactured home subdivision .

      (5)   On-site sewage disposal systems.

      (6)   Any construction , development , use or activity that has the potential to trap or catch debris and exacerbate flood events.

      (7)   Any construction , development , use or activity within any floodway that would cause any increase in the base flood elevation (BFE) .

      (8)   Any construction , development , use or activity within any AE Area/District without floodway that would, together with all other existing and anticipated development , increase the base flood elevation (BFE) more than one foot at any point.

   C.   The following uses are specifically prohibited in the Floodplain Conservation District although a variance may be granted by the Zoning Hearing Board for any of these uses in accordance with the requirements and provisions of this chapter and Pennsylvania law; and upon review and comment on the variance application by the Township Planning Commission and the Township Engineer.

      (1)   Construction , enlargement or expansion of all freestanding structures and buildings , with the exception of flood retention dams, culverts and bridges as approved by the Pennsylvania Department of Environmental Protection.

      (2)   The alteration or relocation of the course of flow of any watercourse , with the exception of stream channel improvements approved by the Pennsylvania Department of Environmental Protection and the Township Board of Commissioners through conditional use approval. A variance may be granted by the Zoning Hearing Board to alter or relocate a watercourse after review and comment on the variance application by the Township Planning Commission and the Township Engineer, and the approval of the alteration or relocation by the Pennsylvania Department of Environmental Protection and any other governmental agency with applicable jurisdiction. In addition, all adjacent municipalities shall be notified prior to the alteration or relocation of a watercourse . Copies of such notification shall be sent to the Federal Insurance Administration. The flood -carrying capacity within the altered or relocated portion shall be maintained.

      (3)   Private water supply wells.

      (4)   Placement of fill, including the deposit of topsoil and the grading thereof; excavation of soil and rock; grading or regrading of land; and the construction of retaining walls. A variance application for such use shall be accompanied by a plan indicating the fill or material proposed to be deposited and how such fill or other materials will be protected against erosion by the use of riprap, vegetation or bulkheads.

      (5)   Encroachment upon any watercourse , with the exception of dams, bridges and culverts as approved by the Pennsylvania Department of Environmental Protection and the Board of Commissioners through conditional use approval.

      (6)   Clearing of all existing vegetation, except where such clearing is necessary to prepare land for an approved use and where the effects of these actions are mitigated by the establishment of cover vegetation.

      (7)   Application of fertilizers, pesticides, herbicides, and/or other chemicals in excess of prescribed industry standards.

      (8)   Roads or driveways, except where permitted as corridor crossings and for access to single-family detached dwelling units .

      (9)   More than half of any required yard setback area on an individual residential lot .

      (10)   Motor or wheeled vehicle traffic in any area not designed to adequately accommodate the type and volume of traffic.

      (11)   Parking lots.

      (12)   Subsurface sewage disposal areas.

      (13)   Sod farming.

      (14)   Storm water management facilities.

   A.   The following conditional uses in the Floodplain Conservation District may be approved by the Board of Commissioners upon application, review and comment by the Township Engineer, and hearing:

      (1)   Game farm, fish hatchery or hunting and fishing preserve for the protection or propagation of wildlife, but permitting no buildings .

      (2)   Commercial recreation use , whether open to the public or restricted to private membership, such as parks, camps, picnic areas, golf courses, fishing, sport or boating clubs ; but not to include buildings , but permitting piers, docks, floats or shelters usually found in developed outdoor recreation areas.

      (3)   Storm sewers subject to the applicable floodproofing regulations.

      (4)   Outlet installations for sewage treatment plants and sewage pumping stations, with the approval of the appropriate sewer authorities.

      (5)   Dams, bridges and culverts as approved by the Pennsylvania Department of Environmental Protection.

      (6)   Stream channel improvements approved by the Pennsylvania Department of Environmental Protection.

      (7)   Driveways serving single-family detached dwelling units .

      (8)   Wind energy facilities and solar energy facilities when permitted by the underlying zoning district, and when situated outside of the Floodway , and subject to applicable floodproofing measures.

      (9)   Development of elevated and floodproofed structures on sites which have received final approval of a remedial action plan by the Pennsylvania Department of Environmental Protection pursuant to requirements of the Land Recycling and Remediation Standards Act (Act 2 of 1995), 35 P.S. § 6026.101 et seq. and, to the extent applicable, are in compliance with the Uniform Environmental Covenants Act (Act 68 of 2007), 27 P.S. § 6501, et seq.

   B.   Other uses similar to the above.

   A.   Zoning permits .

      (1)   In the Floodplain Conservation District, a zoning permit shall be required for any new or change of land use , including but not limited to construction or alteration of buildings and structures for which a buildingpermit is required, subdivision and land development , streets and other paving, utilities, mining, dredging, filling, grading, excavating or drilling operations, and the storage of materials and equipment.

      (2)   A zoning permit may be issued in the form of a buildingpermit , use and occupancy permit , zoning certification, or other final approval as determined by the Zoning Officer.

   B.   Application for a zoning permit :

      (1)   Application for a zoning permit shall be filed with the Zoning Officer, who shall make an initial determination with respect to the application and whether a variance or conditional use approval is required. If a variance or conditional use approval is required, then the Zoning Officer will provide the applicant with a determination of the zoning relief required and advise the applicant of the following requirements:

         (a)   An application for a variance shall be forwarded to the Zoning Hearing Board, along with required studies or information and the findings of the Zoning Officer.

         (b)   An application for a conditional use approval shall be forwarded to the Board of Commissioners, along with required studies or information and the findings of the Zoning Officer.

      (2)   The Township Zoning Officer and Building Code Official shall review applications and may consult with the Township Engineer to determine if all other necessary governmental permits such as those required by state and federal laws have been obtained.

   C.   Content of application for a zoning permit .

      (1)   Applications shall include five copies of all required information plus any other pertinent information as may be required by the Zoning Officer.

      (2)   Applications shall be made on forms supplied by the Township and shall contain the following:

         (a)   Name and address of applicant.

          (b)   Name and address of owner of land on which proposed construction is to occur.

         (c)   Name and address of contractor.

         (d)   Site location including address.

         (e)   Listing of other permits or relief required.

         (f)   Brief description of proposed work and estimated cost, including a breakout of flood -related cost and the market value of the building before flood damage occurred as applicable.

      (3)   If any proposed construction or development is located entirely or partially within the Floodplain Conservation District, applicants shall provide all the necessary information in sufficient detail and clarity to enable the Zoning Officer to determine that:

         (a)   The proposed use is consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable laws and regulations.

         (b)   Utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage.

         (c)   Adequate drainage is provided so as to reduce exposure to flood hazards.

         (d)   Structures will be anchored to prevent floatation, collapse, or lateral movement.

         (e)   Building materials are flood -resistant.

         (f)   Appropriate practices to minimize flood damage have been used.

         (g)   Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities have been designed and/or located to prevent water entry or accumulation.

      (4)   Applications shall include a plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 50 feet or less, showing the following:

         (a)   North arrow, scale, and date.

         (b)   Topographic contour lines based upon the North American Vertical Datum (NAVD) of 1988, showing existing and proposed contours at intervals of one foot.

         (c)   For all watercourses , the centerline and bottom of stream and top of bank elevations.

         (d)   The location the finish floor elevation of all existing and proposed buildings , structures , and other improvements , including the location of any existing or proposed subdivision and development , and including all property and lot lines including dimensions, and the size and the site expressed in acres or square feet.

         (e)   The location and elevation of all existing streets , drives, and other access ways, and the location of all existing streets , drives, other access ways, and parking areas, with information concerning widths, pavement types and construction , and elevations.

         (f)   The location and elevation of any existing bodies of water or watercourses , buildings , structures and other public or private facilities, including railroad tracks and facilities, and any other natural and man-made features affecting, or affected by, the proposed activity or development .

         (g)   The location and elevation of the Floodplain Conservation District boundaries, information and spot elevations concerning the base flood elevation , and information concerning the flow of water including direction and velocities.

         (h)   The location and elevation of all proposed buildings , structures , utilities, and any other improvements .

         (i)   Any other information which the Township considers necessary for adequate review of the application, including but not limited to site cross sections.

      (5)   Applications shall include plans of all proposed buildings , structures and other improvements , drawn at a scale of one inch being equal to 50 feet or less showing the following:

         (a)   The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988.

         (b)   The elevation of the base flood .

         (c)   Supplemental information as may be necessary under the Uniform Construction Code .

         (d)   Sufficiently detailed architectural or engineering drawings, including floor plans, sections, and exterior building elevations, as appropriate.

         (e)   For any proposed building , the elevation of the lowest floor (including basement ) and, as required, the elevation of any other floor.

         (f)   Complete information concerning flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the base flood elevation .

         (g)   Detailed information concerning any proposed floodproofing measures.

         (h)   Cross section drawings for all proposed streets , drives, other access ways, and parking areas, showing all rights-of-way and pavement widths.

         (i)   Profile drawings for all proposed streets , drives, and vehicular access ways including existing and proposed grades.

         (j)   Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems, and any other utilities and facilities.

      (6)   Applications shall include the following additional data and documentation:

         (a)   When required by the Zoning Officer, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood elevation ; and detailed information concerning any proposed floodproofing measures and corresponding elevations.

         (b)   Documentation, certified by a registered professional engineer to show that the cumulative effect of any proposed development when combined with all other existing and anticipated development , will not increase the base flood elevation .

         (c)   Documentation, certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces associated with the base flood elevation . Such statement shall include a description of the type and extent of flood proofing measures which have been incorporated into the design of the structure and/or the development .

   `      (d)   Detailed information needed to determine compliance with safeguards with respect to development which may endanger human life, including:

            (i)   The amount, location and purpose of any dangerous materials or substances which are intended to be used, produced, stored or otherwise maintained on site.

            (ii)   A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances during a base flood .

            (iii)   A statement, certified by a registered professional engineer, which contains a complete and accurate description of the nature and extent of pollution that might possibly occur from the development during the course of a base flood elevation , including a statement concerning the effects such pollution may have on human life.

            (iv)   A statement certified by a registered professional engineer, which contains a complete and accurate description of the effects the proposed development will have on base flood elevation elevations and flows.

            (v)   A statement, certified by a registered professional engineer, which contains a complete and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the base flood elevation and the effects such materials and debris may have on base flood elevation elevations and flows.

            (vi)   Where any excavation or grading is proposed, a plan to implement and maintain erosion and sedimentation control.

            (vii)   An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a base flood .

         (e)   The appropriate component of the Pennsylvania Department of Environmental Protection’s “Planning Module for Land Development.”

         (f)   Where any excavation or grading is proposed, a plan meeting the requirements of the Pennsylvania Department of Environmental Protection to implement and maintain erosion and sedimentation control.

      (7)   Applications shall be accompanied by the prescribed fee, payable to the Township.

   D.   Conditional Use and Variances. In addition to the information required for a zoning permit application, an application for conditional use approval or a variance shall be accompanied by the following:

      (1)   Detailed engineering studies indicating the effects on drainage and streams on all affected or adjacent properties as well as the subject property.

      (2)   An application for amending the boundaries of the Floodplain Conservation District if the boundaries will be affected by the proposed conditional use or variance.

      (3)   A FEMA Elevation Certificate with a determination of elevations of the existing grade, proposed finished grade, base flood elevation and lowest floor (including basement ) certified by a registered professional engineer.

   A.   The Board of Commissioners or Zoning Hearing Board, as the case may be, may request the review and recommendations of the Township Engineer, Upper Dublin Township Planning Commission, Montgomery County Planning Commission, and/or the Montgomery County Conservation District at least 30 days prior to the hearing on the application for conditional use or variance.

   B.   The Board of Commissioners and Zoning Hearing Board shall exercise discretion in allowing only those uses which are substantially in accord with the stated intent of this chapter and Article. An applicant shall demonstrate to the Board of Commissioners, in considering conditional uses , and the Zoning Hearing Board, in considering variance applications, the following:

      (1)   The effect of the use shall not substantially alter the cross-section profile of the watercourse and floodplain at the location of the proposed use .

      (2)   Lands abutting the watercourse , both upstream and downstream, shall not be unreasonably adversely affected by the proposed use .

      (3)   The general welfare or public interest of Upper Dublin Township or other municipalities in the same watershed shall not be adversely affected.

      (4)   With respect to variance applications, the strict enforcement of this Article would create undue hardship by denying a reasonable use of an existing lot which is situated either wholly or partially in the Floodplain Conservation District.

   C.   An affirmative decision shall not be issued by the Board of Commissioners or the Zoning Hearing Board for an application within the designated floodway unless the effect of such proposed activity on flood heights is fully offset by accompanying stream improvements .

   D.   The Board of Commissioners or the Zoning Hearing Board shall notify the applicant, in writing, that the issuance of a decision to allow construction of a structure below the base flood elevation will result in increased premium rates for flood insurance, and such construction below the base flood elevation increases risk to life and property.

   E.   The Township shall maintain a record of all decisions and notifications, including jurisdiction for their issuance and the Township shall report such decisions to the appropriate agencies.

   F.   Elevation and floodproofing of structures .

      (1)   Any new structures permitted by conditional use or by variance shall be constructed and placed on the land so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the watercourse flow and base flood elevation . Such structures shall be elevated in accordance with the provisions contained in this Article, and Chapter 73, Building Construction, as amended.

      (2)   Any new structure permitted as a conditional use or by variance shall be floodproofed in accordance with the provisions contained in this Article, and Chapter 73, Building Construction, as amended.

         (a)   All new structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse or lateral movement.

         (b)   All new structures shall be constructed so as to prevent the entrance of floodwaters into the water supply and waste treatment systems as well as other utility and facility systems. In addition, waste treatment systems shall be designed to minimize or eliminate discharges from the systems into the floodwaters.

      (3)   Any additions to existing structures permitted as a conditional use or by variance shall be elevated to the greatest extent possible according to the provisions contained in this Article, and Chapter 73, Building Construction, as amended. However, any portion of the structure not so elevated shall be floodproofed in accordance with the provisions contained in this Article, and Chapter 73, Building Construction, as amended.

      (4)   Any new structure permitted as a conditional use or by variance shall be provided with two means of access across the property to the structure , one of which shall serve as an alternate vehicle access outside of the Floodplain Conservation District.

      (5)   For any new structure permitted as a conditional use or by variance shall have filed with the Township Fire Services Department and other appropriate disaster preparedness authorities an evacuation plan indicating alternate vehicular access to and escape routes from the structure .

   A.   If compliance with the elevation or floodproofing requirements stated in this chapter would result in an exceptional hardship for a prospective builder, developer or landowner, the Zoning Hearing Board may, upon request, grant relief from the strict application of the requirement. Relief issued shall conform to the following conditions:

      (1)   If granted, a variance shall involve only the least modification necessary to provide relief.

      (2)   In granting any variance, the Zoning Hearing Board shall attach reasonable conditions and safeguards necessary to protect the public health, safety, and welfare of the Township and to achieve the objectives of this Article.

      (3)   Whenever a variance is granted, the Zoning Hearing Board shall notify the applicant in writing that:

         (a)   The variance may result in increased premium rates for flood insurance.

         (b)   The variance may increase risks to life and property.

      (4)   In considering any request for a variance, the Zoning Hearing Board shall consider, at a minimum, the following:

         (a)   That there is good and sufficient cause for the variance, including:

            (i)   That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of the zoning ordinance in the neighborhood or district in which the property is located.

            (ii)   That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.

            (iii)   That such unnecessary hardship has not been created by the appellant.

            (iv)   That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.

         (b)   That failure to grant the variance would result in exceptional hardship to the applicant.

         (c)   That the granting of the variance will:

            (i)   Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense;

            (ii)   Nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.

      (5)   A complete record of all variance requests and related actions shall be maintained by the Township. In addition, a report of all variances granted shall be submitted as required by FEMA.

      (6)   Any new residential structure or substantial improvement of a residential structure which cannot be elevated to two feet above the base flood elevation shall be floodproofed as specified herein and in accordance with the requirements established for the Wl-W2 classes by the Office of the Chief of Engineers, United States Army, publication No. EP 1165 2 314, June, 1972, as amended.

      (7)   Any modification, alteration, reconstruction or improvement of any kind to an existing residential structure , to an extent or amount of less than 50% of its market value, which cannot be elevated or floodproofed to the base flood elevation shall be elevated to the maximum extent possible or floodproofed for the remaining height to the base flood elevation .

      (8)   Any new nonresidential structure or substantial improvement of a nonresidential structure which cannot be elevated or floodproofed to at least two feet above the base flood elevation shall be elevated to the maximum extent possible or floodproofed for the remaining height to at least two feet above the base flood elevation .

      (9)   Any modification, alteration, reconstruction or improvement of any kind to an existing nonresidential structure , to an extent or amount of less than 50% of its market value, which cannot be elevated or floodproofed to the base flood elevation shall be elevated to the maximum extent possible and floodproofed for the remaining height to the base flood elevation .

      (10)   Alteration or relocation of watercourse .

         (a)   No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Township, and until all required permits or approvals have been first obtained from the Pennsylvania Department of Environmental Protection.

         (b)   No encroachment, alteration, or improvement of any kind shall be made to any watercourse unless it can be shown that the activity will not reduce or impede the flood carrying capacity of the watercourse in any way.

         (c)   FEMA, the Pennsylvania Department of Community and Economic Development, and the Pennsylvania Department of Environmental Protection shall be notified prior to any alteration or relocation of any watercourse .

   B.   Technical or scientific data shall be submitted to FEMA for a Letter of Map Revision (LOMR) within six months of the completion of any new construction , development , or other activity resulting in changes in the BFE. A LOMR or Conditional Letter of Map Revision (CLOMR) is required for:

      (1)   Any development that causes a rise in the base flood elevations within the floodway ; or

      (2)   Any development occurring in an area without a designated floodway , which will cause a rise of more than one foot in the base flood elevation ; or

      (3)   Alteration or relocation of a stream, including but not limited to installing culverts and bridges.

   C.   Any new construction , development , uses or activities allowed by variance within the Floodplain Conservation District shall be undertaken in strict compliance with the provisions contained in the Township Code and any other applicable codes, ordinances and regulations. In addition, when such development is proposed within the area measured 50 feet landward from the top of bank of any watercourse , a permit shall be obtained from the Pennsylvania Department of Environmental Protection.

The provisions of this Article do not require any changes or improvements to be made to lawfully existing structures . However, when an improvement is made to any existing structure , the provisions of § 255-171 of this Article, and the provisions of this chapter with respect to nonconforming uses shall apply.

   The following provisions shall apply whenever any expansion, enlargement, or substantial improvement is made to an existing structure located within the Floodplain Conservation District, or an existing structure within the Floodplain Conservation District is reconstructed:

   A.   Any modification, alteration, or improvement , of any kind to an existing structure , to an extent or amount of 50% or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this Article.

   B.   No expansion, enlargement, substantial improvement , or reconstruction of an existing structure shall be allowed within any floodway area that would cause any increase in the elevation of the base flood elevation .

   C.   No expansion, enlargement, substantial improvement , or reconstruction of an existing structure shall be allowed within any AE Area/District with floodway that would, together with all other existing and anticipated development , increase the BFE more than one foot at any point.

   D.   No expansion, enlargement, substantial improvement , or reconstruction of an existing structure shall be undertaken in the direction of the nearest watercourse on the property.

   E.   No expansion, enlargement, substantial improvement , or reconstruction of an existing structure shall be permitted unless two means of access are provided across the property to the existing structure , and an evacuation plan indicating alternate vehicular access and escape routes is prepared and submitted to the Township Fire Services Department and other appropriate disaster preparedness authorities.

   F.   Historic resources undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this Article must comply with all requirements that do not preclude the structure ’s continued designation as an historic resource . Any variance from the requirements of this Article will be the minimum necessary to preserve the historic character and design of the historic resource .

   G.   Any modification, alteration, reconstruction, or improvement of any kind that meets the definition of “repetitive loss ” shall be undertaken only in full compliance with the provisions of this Article.

Structures located within the Floodplain Conservation District may be rebuilt if destroyed by fire or other catastrophe, provided that the reconstruction shall be in compliance with the floodproofing or elevation requirements of this Article and, if located in the floodway , shall not result in an increase in the base flood elevation . If fill is used to raise the finished surface of the lowest floor two feet above the base flood elevation , the fill shall be placed as specified by this Article.

All subdivision and development applications containing at least 50 lots or at least five acres, whichever is the lesser, in flood hazard areas where base flood elevation data are not available, shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a Conditional Letter of Map Revisions or Letter of Map Revision.

   A.   Within the Floodplain Conservation District, manufactured homes shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse or floodplain deliniation, whichever is the more restrictive.

   B.   Where permitted within the Floodplain Conservation District, manufactured homes, and any improvements thereto, shall be:

      (1)   Placed on a permanent foundation.

      (2)   Elevated so that the lowest floor of the manufactured home is at least two feet above the Base Flood Elevation .

      (3)   Anchored to resist flotation, collapse, or lateral movement.

   C.   Installation of manufactured homes shall be done in accordance with the manufacturer’s installation instructions as provided by the manufacturer.

   D.   All manufactured homes and any improvements thereto shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors in accordance with the following:

      (1)   Over-the-top ties shall be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations for units 50 feet or more in length, and one additional tie per side for units less than 50 feet in length.

      (2)   Frame ties shall be provided at each corner of the manufactured home, with five additional ties per side at intermediate locations for units 50 feet or more in length, and four additional ties per side for units less than 50 feet in length.

      (3)   All components of the anchoring system shall be capable of carrying a force of 4,800 pounds and resisting a minimum wind velocity of 90 miles per hour.

   E.   All manufactured homes and any improvements thereto shall be elevated in accordance with the following requirements:

      (1)   The stands or lots shall be elevated on compacted fill or on pilings so that the lowest floor of the manufactured home will be at least two feet above the base flood elevation .

      (2)   Adequate surface drainage shall be provided as required in Chapter 212, Subdivision and Land Development.

      (3)   Adequate access for a hauler shall be provided.

      (4)   Where pilings are used for elevation, the lot shall be large enough to permit steps; piling foundations shall be placed in stable soil not more than ten feet apart; reinforcement shall be provided for pilings that will extend for six feet or more above the ground level.

   F.   An evacuation plan indicating alternate vehicular access and escape routes shall be filed with the Township Fire Services Department and other appropriate disaster preparedness authorities for manufactured home subdivisions .

   G.   Placement of a manufactured home on a lot shall require a buildingpermit under Chapter 73, Building Construction.

   Except for storage facilities for which a variance has been granted by the Zoning Hearing Board, recreational vehicles in the Floodplain Conservation District shall:

   A.   Be on the site for fewer than 180 consecutive days; and

   B.   Be fully licensed and ready for highway use .

   A.   Placement of buildings and structures .

      (1)   All buildings and structures shall be designed, located, and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of flood water.

      (2)   All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent floatation, collapse, or lateral movement.

   B.   Elevation and floodproofing requirements.

      (1)   Residential structures .

         (a)   All new construction and substantial improvements of residential structures shall have the lowest floor (including basement ) elevated to at least two feet above the base flood elevation .

         (b)   Any modification, alteration, reconstruction or improvement of any kind to an existing residential structure to an extent or amount of less than 50% of its market value shall be elevated or floodproofed to the base flood elevation .

         (c)   Existing residential structures located in a designated floodway shall not be expanded or enlarged unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying stream improvements .

      (2)   Nonresidential structures .

         (a)   All new construction and substantial improvements of nonresidential structures shall have the lowest floor (including basement ) elevated or floodproofed to at least two feet above the base flood elevation . The floodproofing measures shall ensure that the structure is watertight with walls substantially impermeable to the passage of water and has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above referenced standards.

         (b)   Any modification, alteration, reconstruction or improvement of any kind to an existing nonresidential structure to an extent or amount of less than 50% of its market value shall be elevated or floodproofed to the base flood elevation .

         (c)   Existing nonresidential structures located in a designated floodway shall not be expanded or enlarged unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying stream improvements .

      (3)   Space below the lowest floor .

         (a)   Fully enclosed space below the lowest floor (including basement ) is prohibited.

         (b)   Partially enclosed space below the lowest floor (including basement ) that will be used solely for the parking of a vehicle, building access or incidental storage in an area other than a basement shall be designed and constructed to allow for the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term “partially enclosed space” also includes crawl spaces. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:

            (i)   A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.

            (ii)   The bottom of all openings shall be no higher than one foot above grade.

            (iii)   Openings may be equipped with screens, louvers or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

      (4)   Accessory structures .

         (a)   Structures accessory to a principal building or use need not be elevated or floodproofed to remain dry, but shall comply, at a minimum, with the following requirements:

            (i)   The structure shall not be designed or used for human habitation, but shall be limited to the parking of vehicles or the storage or support of tools, material or equipment related to the principal use or activity.

            (ii)   Floor area shall not exceed 100 square feet.

            (iii)   The structure will have a low damage potential.

            (iv)   The structure will be located on the site so as to cause the least obstruction to the flow of floodwaters.

            (v)   Power lines, wiring and outlets will be at least one and one-half feet above the 100-year flood elevation.

            (vi)   With the exception of alternative energy generation or conversion equipment, permanently affixed utility equipment and appliances, including but not limited to furnaces, heaters, washers and dryers are permitted only at elevations above the base flood elevation .

            (vii)   Sanitary facilities are prohibited.

            (viii)   The structure shall be adequately anchored to prevent flotation or movement and shall be designed to automatically provide for the entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

               a.   A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.

               b.   The bottom of all openings shall be no higher than one foot above grade.

               c.   Openings may be equipped with screens, louvers or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

   C.   Fill. If fill is used to raise the finished surface of the lowest floor two feet above the base flood elevation , the fill shall be placed as follows:

      (1)   Fill shall extend beyond a structure for a sufficient distance to provide acceptable access for the intended use of the structure .

      (2)   Fill shall extend laterally 15 feet beyond the building line from all points of a residential structure .

      (3)   Fill shall extend laterally 15 feet beyond the building line , at a minimum of 25% of the perimeter of a nonresidential structure .

      (4)   Fill material shall consist of soil or rock materials only.

      (5)   Fill material shall be compacted to provide the necessary stability and resistance to erosion, scouring or settling.

      (6)   Fill slopes shall be no steeper than one vertical to two horizontal, unless substantiating data justifying steeper slopes are submitted to and approved by the Township Engineer.

      (7)   Fill shall be used only to the extent to which it does not adversely affect adjacent properties.

   D.   Drainage Facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall insure proper drainage along streets , and provide positive drainage away from buildings . The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.

   E.   Utility, electrical, and mechanical systems.

      (1)   Water and sanitary sewer facilities and systems.

         (a)   All new or replacement water supply and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of flood waters.

         (b)   Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into flood waters.

         (c)   On-site sewer disposal systems are prohibited in a floodplain .

      (2)   Equipment. Water heaters, furnaces, air conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall be located above the base flood elevation .

      (3)   Fuel Supply Systems. All gas and oil supply systems shall be designed to prevent the infiltration of flood waters into the system and discharges from the system into flood waters. Additional provisions shall be made for the drainage of these systems in the event that flood water infiltration occurs.

      (4)   All other utilities such as gas lines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood .

      (5)   All air ducts, large pipes, storage tanks, and other similar objects or components located below the flood elevation shall be securely anchored or affixed in accordance with accepted engineering practices to prevent floatation.

   F.   Streets . The finished elevation of all new streets shall be no more than one foot below the base flood elevation .

   G.   Storage. No materials that are buoyant, flammable, explosive or in time of flooding could be injurious to human, animal or plant life shall be stored below the base flood elevation .

   H.   Electrical components.

      (1)   Electrical distribution panels shall be at least three feet above the base flood elevation .

      (2)   Separate electrical circuits shall serve lower levels and shall be dropped from above.

      (3)   All electric water heaters, electric furnaces, electric air-conditioning and ventilating systems and other electrical equipment or apparatus shall be permitted only at elevations at least three feet above the base flood elevation .

   I.   Floors, walls and ceilings.

      (1)   Wood flooring used at or below the base flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain without causing structural damage to the building .

      (2)   Plywood used at or below the base flood elevation shall be of a “marine” or “water-resistant” variety.

      (3)   Walls and ceilings at or below the base flood elevation shall be designed and constructed of materials that are “water-resistant” and will withstand inundation.

      (4)   Windows, doors, and other components at or below the base flood elevation shall be made of metal or other “water-resistant” material.

   J.   Paints and adhesives.

      (1)   Paints and other finishes used at or below the base flood elevation shall be of “marine” or “water-resistant” quality.

      (2)   Adhesives used at or below the base flood elevation shall have a bonding strength that is unaffected by inundation (i.e. marine or water-resistant quality).

      (3)   All wooden components (doors, trim, cabinets, etc.) shall be sealed with a marine or water-resistant quality or similar product.

   K.   Uniform Construction Code Coordination. The standards and specifications contained in the Uniform Construction Code as adopted in Pennsylvania shall apply to construction in the Floodplain Conservation District, to the extent that they are more restrictive and/or supplement the requirements of this Article.

   A.   In addition to the permit application requirements normally required under Chapter 73, Building Construction, the Township Building Code Official shall require the following specific information to be included as part of an application for a buildingpermit in the Floodplain Conservation District:

      (1)   For structures to be elevated:

         (a)   A plan showing the size of the proposed structure and its relation to the lot where it is to be constructed.

         (b)   A determination of elevations of the existing grade, proposed finished grade and lowest floors certified by a registered professional engineer.

         (c)   Plans showing the method of elevating the proposed structure , including details of proposed fills, pile structures , retaining walls, foundations, erosion protection measures, etc. When required by the Building Code Official, these plans shall be prepared by a registered professional engineer or architect.

         (d)   Plans showing the methods used to protect utilities (including sewer, water, telephone, electric, gas, etc.) from flooding to an elevation at least one and one-half feet above the base flood elevation at the building site.

      (2)   For structures to be floodproofed:

         (a)   Plans showing details of all floodproofing measures, prepared by a registered professional engineer and showing the size of the proposed structure and its relation to the lot where it is to be constructed.

         (b)   A determination of elevations of existing grades, proposed finished grades, lowest floors and floodproofing limits; certified by a registered professional engineer.

         (c)   A certificate prepared by a registered professional engineer who prepared the plans that the structure in question, together with attendant utility and sanitary facilities, is designated so that:

            (i)   Below an elevation two feet above the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water.

            (ii)   The structure will withstand the hydrostatic, hydrodynamic, buoyant, impact and other forces resulting from the flood depths, velocities, pressures and other factors associated with the base flood elevation .

The Township Zoning Officer is hereby appointed to administer and enforce this Article and may be referred to as the Floodplain Administrator.

   A.   To ensure that flood damage controls are being employed in all new construction and improvements within the Floodplain Conservation District, the Township Zoning Officer shall provide an applicant information concerning the location of the district boundaries relative to the proposed construction , improvements , or use and the water surface elevation of the 100-year flood at the proposed site. The source of the information concerning the district boundary shall be the Flood Insurance Study for Upper Dublin Township as prepared by the Federal Emergency Management Agency, Federal Insurance Administration, and other sources as appropriate according to those cited in this Article regarding the Floodplain Conservation District for Upper Dublin Township. The source for the information concerning the base flood elevation shall be the Flood Insurance Study .

   B.   The Floodplain Administrator shall issue a zoning permit only after it has been determined that the proposed work or use to be undertaken will be in conformance with the requirements of this Article and all other applicable laws, regulations, codes and ordinances.

   C.   Prior to the issuance of any permit , the Floodplain Administrator shall review an application for a permit to determine if all other necessary government permits required by state and federal laws have been obtained. No permit shall be issued until this determination has been made.

   D.   In the case of existing structures , prior to the issuance of any permit , the Floodplain Administrator shall review the history of repairs to the subject structure , so that any repetitive loss issues can be addressed before a permit is issued.

   E.   During the construction period, the Floodplain Administrator or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable laws and regulations. The Floodplain Administrator shall make as many inspections during and upon completion of the work as are necessary.

   F.   In the discharge of his or her duties, the Floodplain Administrator shall have the authority to enter any building , structure , premises or development in the Floodplain Conservation District, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this Article.

   G.   In the event the Floodplain Administrator discovers that the work or use does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Floodplain Administrator shall revoke the applicable permits and report such fact to the Board of Commissioners for whatever action it considers necessary.

   H.   The Floodplain Administrator shall maintain in perpetuity all records associated with the requirements of this Article including, but not limited to, finished construction elevation data, permitting, inspection and enforcement.

   I.   The Floodplain Administration shall be responsible for submitting a biannual report to the Federal Emergency Management Agency concerning community participation in the National Flood Insurance Program.

   J.   The responsibility, authority and means to implement the commitments of the Floodplain Administrator can be delegated, however the ultimate responsibility lies within the Township Zoning Officer.

A copy of all applications and plans for any proposed construction or development in any Floodplain Conservation District shall be submitted by the Floodplain Administrator to the Montgomery County Conservation District for review and comment prior to the issuance of a permit . The recommendations of the Conservation District shall be considered by the Floodplain Administrator for possible incorporation into the proposed plan of work or use .

A copy of all plans and applications for any proposed construction or development in the Floodplain Conservation District to be considered for approval may be submitted by the Floodplain Administrator to any other appropriate agencies and/or individuals (e.g. planning commission, municipal engineer, etc.) for review and comment.

After the issuance of a permit by the Floodplain Administrator, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the Floodplain Administrator. Requests for any such change shall be in writing, and shall be submitted by the applicant to Floodplain Administrator for consideration.

In addition to a permit , the Floodplain Administrator shall issue a placard which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the permit , the date of its issuance, and the name and signature of the Floodplain Administrator.

Work on proposed construction shall begin within 180 days after the date of permit issuance and shall be completed within 12 months after the date of permit issuance or the permit shall expire unless a time extension is granted, in writing, by the Floodplain Administrator. Time extensions shall be granted only if a written request is submitted by the applicant, which sets forth sufficient and reasonable cause for the Floodplain Administrator to approve such a request.

   A.   Notices. Whenever the Floodplain Administrator or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provisions of this Article, or of any regulations adopted pursuant thereto, the Floodplain Administrator shall give notice of such alleged violation as hereinafter provided.

      (1)   All notices shall be in writing.

      (2)   A notice shall include a statement of the reasons for its issuance.

      (3)   A notice shall allow a reasonable time not to exceed a period of 30 days for the performance of any act required for compliance.

      (4)   A notice shall be served upon the property owner or his agent as the case may require; provided, however, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served with such notice by any other method authorized by the laws of this Commonwealth.

      (5)   A notice shall contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Article.

   B.   Penalties and remedies.

      (1)   Any person who fails to comply with any or all of the requirements or provisions of this Article or who fails or refuses to comply with any notice, order or directive of the Floodplain Administrator or any other authorized employee of Upper Dublin Township:

         (a)   Shall be guilty of a misdemeanor and upon conviction shall pay a find to Upper Dublin Township of not less than $25 nor more than $600, plus costs of prosecution; and,

         (b)   Shall be subject to the penalties specified by Article XXVI of this chapter.

      (2)   In addition to the above penalties all other actions are hereby reserved including an action in equity for the proper enforcement of this Article.

      (3)   The imposition of a fine or penalty for any violation of, or noncompliance with, this Article shall not excuse the violation or noncompliance or permit it to continue and all such persons shall be required to correct or remedy such violations and noncompliance within a reasonable time.

      (4)   Any development initiated or any structure or building constructed, reconstructed, enlarged, altered, or relocated, in noncompliance with this Article may be declared by the Board of Commissioners to be a public nuisance and abatable as such.

Any person aggrieved by any action or decision of the Floodplain Administrator concerning the administration of the provisions of this Article may appeal to the Zoning Hearing Board as provided by this chapter for Zoning Hearing Board appeals.

This Article supersedes any other conflicting provisions which may be in effect in the Floodplain Conservation District. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this Article, the more restrictive shall apply.

The degree of flood protection required by this Article is considered reasonable for regulatory purposes and is based on accepted engineering methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes, such as bridge openings restricted by debris and ice jams. In such instances, areas outside Floodplain Conservation District or land uses permitted within the district may be subject to flooding or flood damage. The granting of a zoning permit , conditional use , variance or other approval pursuant to this Article shall not constitute a representation, guarantee or warranty of any kind by Upper Dublin Township, or by any officer or employee of the Township, of the practicability or safety of any structure , use or other plan proposed, and shall create no liability upon or cause of action against the Township, or against any officer or employee of the Township, for any damage that may result pursuant thereto; nor shall this Article create any liability on the part of Upper Dublin Township or any officer or employee of the Township for any flood damages that result from reliance on this Article or any administrative or quasi-judicial decision lawfully made hereunder.