Upper Providence Township Montgomery County
City Zoning Code
City Zoning Code
ARTICLE V
Floodplain Conservation District
§ 300-101 Statutory authorization; legislative intent.
A.
The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Flood Plain Management Act of 1978,[1] delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety, and general welfare of its citizenry. Therefore, the Board of Supervisors of Upper Providence Township does hereby order as follows.
[1]
Editor's Note: See 32 P.S. § 670.101 et seq.
B.
In addition to the purpose and statement of community development objectives found in Article 1, § 300-2, the specific intent of this district shall be to protect areas of the floodplain subject to and necessary for the containment of floodwaters and to permit and encourage the retention of open space land uses which will be so located and utilized as to constitute a harmonious and appropriate aspect of the continuing physical development of Upper Providence Township. Furthermore, in light of the Township's certification as eligible for federal flood insurance, and to comply with the Pennsylvania Flood Plain Management Act of 1978, it is the intent of this district to provide adequate protection for flood-prone properties within Upper Providence.
C.
In advancing these principles and the general purpose of this chapter and the Comprehensive Plan, the following shall be the specific objectives of the Floodplain Conservation District:
(1)
To combine with present zoning requirements certain restrictions made necessary for flood-prone areas to promote the general health, welfare and safety of the Township.
(2)
To prevent the erection of structures in areas unfit for human usage by reason of danger from flooding, unsanitary conditions, or other hazard.
(3)
To minimize the danger to public health by protecting the quality and quantity of surface and subsurface water supplies adjacent to and underlying flood hazard areas and promoting safe and sanitary drainage.
(4)
To permit only those uses which can be appropriately located in the floodplain 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)
To protect those individuals who might choose, despite the flood dangers, to develop or occupy land on a floodplain.
(6)
To 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.
(7)
To protect the entire Township from individual uses of land which may have effect upon subsequent expenditures for public works and disaster relief and adversely affect the economic well-being of the Township.
(8)
To maintain the undisturbed ecological balance between those natural systems' elements, including wildlife, vegetation and marine life, dependent upon watercourses and water areas.
(9)
To protect other municipalities within the same watershed from the impact of improper development and the consequent increased potential for flooding.
(10)
To provide areas for the deposition of flood-borne sediment.
§ 300-102 Definition and establishment of district.
A.
The Floodplain District is defined and established as those areas of the Township subject to flooding as defined below:
(1)
Those areas of Upper Providence Township, classified as special flood hazard areas (SFHAs) in the most recently published version of the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs), including all digital data developed as part of the FIS, for the Township of Upper Providence, Montgomery County, Pennsylvania, as prepared by the Federal Emergency Management Agency (FEMA), available at the Township offices, and effective as of March 2, 2016. All referenced FIS and FIRMs, and any subsequent revisions and amendments, are hereby adopted by Upper Providence Township and declared to be part of this chapter. The FIS and FIRM floodplain areas include the following specific areas:
(a)
The Floodway Area/District shall be those areas identified in the FIS and FIRM as floodway which represents the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation by more than one foot at any point. This term shall also include floodway areas which have been identified in other available studies or sources of information for those special flood hazard areas where no floodway has been identified in the FIS and FIRM.
[1]
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.
[2]
No new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection Regional Office.
(b)
The AE Area/District shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided.
[1]
The AE Area adjacent to the floodway shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided and a floodway has been delineated.
[2]
AE Area without floodway shall be those areas identified as an AE zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations (BFE) have been provided but no floodway has been determined.
[a]
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 at any point.
[b]
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 permit is obtained from the Department of Environmental Protection Regional Office.
(c)
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 BFE has 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. In lieu of the above, the municipality may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. 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 municipality.
(d)
The AO and AH Area/District shall be those areas identified as Zones AO and AH in the FIRM and in the FIS. These areas are subject to inundation by one-percent annual chance shallow flooding where average depths are between one foot and three feet. In Zones AO and AH, drainage paths shall be established to guide floodwaters around and away from structures on slopes.
(2)
Community-identified Flood Hazard Areas shall be those areas within Upper Providence 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 flood of record, historic high-water marks, soils, or approximate study methodologies.
(3)
Soils with a frequency of flooding of 1% or greater per year, as delineated 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:
Bowmansville (Bo) |
Gilbraltar (Gc) |
Hatboro (Ha) |
Knauers (Bo) |
Rowland (Rt) |
Rowland (RwA) |
Rowland (RwB) |
Urban land occasionally flooded (UIA) |
B.
Studies used to establish the boundaries shall be available in the Township Municipal Building for reference.
C.
The data used in the studies referred to in Subsection A above shall be plotted on a map designated as the Upper Providence Township Floodplain Conservation District Map and shall be available to the public in the Township Municipal Building. Whenever there is a difference between the map and the data contained in the studies, the data contained in the studies shall determine the boundary of the district.
(1)
Floodplain limit modification requests shall be in accordance with the following procedure:
(a)
Changes within the areas designated in the Federal Emergency Management Agency (FEMA) study shall be changed in accordance with FEMA regulations and approved by FEMA.
(b)
Changes which may be requested in relation to areas defined by the Soil Survey of Montgomery County shall be as follows:
[1]
Confirmation of the soil type by any qualified agronomist or soil scientist certified by the Pennsylvania Association of Professional Soil Scientists. In no case shall the soil limits be less than that determined by the 100-year floodplain computations specified under Subsection C(1)(b)[2].
[Amended 3-15-2021 by Ord. No. 588]
[2]
Delineation of the 100-year floodplain limits by a detailed on-site survey, hydrologic and hydraulic design. This method would also include any other material consideration necessary by the Township to minimize damages which may be caused by storm drainage. Field data and drainage computations must be approved by the Township.
(2)
The following items shall only apply to a floodplain which has been defined by the soils classification:
(a)
Changes shall not modify the existing ground cover, contour or terrain within the revised floodplain limits.
(b)
Buildings shall be set back a minimum of 20 feet from the revised floodplain limits.
(c)
Changes to the district boundary as defined by the soils classification shall not allow any structures to be located within the alluvial soil area as shown in the Soil Survey of Montgomery County, 1967, unless field testing indicates that such soil has been improperly classified in accordance with the procedures outlined in this article.
(3)
The identified floodplain area may be revised or modified by the Board of Supervisors where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change to the special flood hazard area, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a community shall notify FEMA of the changes to the special flood hazard area by submitting technical or scientific data. See § 300-115L for situations where FEMA notification is required.
D.
All subsequent boundary changes shall be indicated on the map if, as, and when feasible.
E.
In lieu of the above, Upper Providence Township may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. 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.
F.
The Floodplain Conservation District shall be delineated according to FEMA's Flood Insurance Rate Map (FIRM) for Upper Providence Township which is hereby made a part of this article, and additional area based on soils as described herein. The FIRM is available for inspection at the Township office.
G.
It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within the Upper Providence Township unless a permit has been obtained from the Floodplain Administrator.
H.
A permit shall not be required for minor repairs to existing buildings or structures.
§ 300-103 Definitions applicable to Floodplain Conservation District.
The following words and phrases within the Floodplain Conservation District shall have the meanings given in this section, as follows:
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management Agency or Federal Insurance and Mitigation Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
The official report provided by the Federal Insurance and Mitigation Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
A factor of safety of three feet above flood level for purposes of floodplain management.
[Amended 8-15-2022 by Ord. No. 595]
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places or preliminarily determined by the Pennsylvania Historical and Museum Commission (PHMC) as meeting the criteria for individual listing on the National Register;
Certified or preliminarily determined by the Pennsylvania Historical and Museum Commission (PHMC) as contributing to the historic significance of a National Register historic district or a district preliminarily determined by the PHMC to be eligible for listing in the National Register; or
Designated as historic by a municipal ordinance either individually or as part of a local historic district.
An umbrella term that includes all of the areas within which the community has selected to enforce floodplain regulations. It will always include the area identified as the special flood hazard area on the Flood Insurance Rate Maps and Flood Insurance Study, but may include additional areas identified by the community.
The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant, partially enclosed area, used solely for the parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such storage space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this chapter.
The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of part of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent, or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
Structures for which the start of construction commenced on or after the effective start date of this floodplain management ordinance and includes any subsequent improvements to such structures. Any construction started after July 3, 1978, and before the effective start date of this floodplain management ordinance is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
Is a structure for which construction or substantial improvement occurred after December 31, 1974, or on or after the community's initial Flood Insurance Rate Map (FIRM) dated July 3, 1978, whichever is later, and, as such, would be required to be compliant with the regulations of the National Flood Insurance Program.
Is a structure for which construction or substantial improvement occurred on or before December 31, 1974, or before the community's initial Flood Insurance Rate Map (FIRM) dated July 3, 1978, whichever is later, and, as such, would not be required to be compliant with the regulations of the National Flood Insurance Program.
A census tract or group of census tracts eligible for the Montgomery County Revitalization Program and identified in an adopted municipal revitalization plan.
The base flood elevation (BFE) or estimated flood height as determined using simplified methods plus a freeboard safety factor of three feet.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each flood event, on average, equals or exceeds 25% of the market value of the structure before the damages occurred.
An area in the floodplain subject to a one-percent or greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-A30, AE, A99, or AH.
Includes the substantial improvement and other proposed new development and the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit and shall be completed within 12 months after the date of issuance of the permit unless a time extension is granted, in writing, by the Floodplain Administrator. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage or repetitive loss, as defined herein, regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct existing violations of the state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.
The statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the Code adopted The International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the State floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.
The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
§ 300-104 Overlay concept.
The Floodplain Conservation District shall be deemed an overlay on any zoning district now or hereafter applicable to any lot.
A.
Should the Floodplain Conservation District be declared inapplicable to any tract by reason of action of the Township Supervisors in amending this chapter or the Zoning Officer, the Zoning Hearing Board or any court of competent jurisdiction in interpreting the same or the Zoning Hearing Board or any court of competent jurisdiction in determining a legal effect of the same, the zoning applicable to such lot shall be deemed to be the district in which it is located without consideration of this district.
B.
Should the zoning of any parcel or any part thereof on 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 included as part of the original application.
C.
If any section, subsection, paragraph, sentence, clause, or phrase of this chapter shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of the article, Ordinance, which shall remain in full force and effect, and for this purpose the provisions of this chapter are hereby declared to be severable.
D.
This chapter supersedes any other conflicting provision 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 chapter, the more restrictive shall apply.
§ 300-105 Designation and duties of Floodplain Administrator.
A.
The Zoning Officer is hereby appointed to administer and enforce this chapter and is referred to herein as the "Floodplain Administrator." The Floodplain Administrator may:
(1)
Fulfill the duties and responsibilities set forth in these regulations,
(2)
Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees; or
(3)
Enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of these regulations.
B.
Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 CFR 59.22. In the absence of a designated Floodplain Administrator, the Floodplain Administrator duties are to be fulfilled by the Township Manager.
C.
A permit issued by the Floodplain Administrator shall be required before any construction of development is undertaken within any area of Upper Providence Township.
(1)
A permit shall not be required for those repairs to existing buildings or structures that are considered minor repairs by the Township's Zoning Officer.
D.
Duties and responsibilities of the Floodplain Administrator.
(1)
The Floodplain Administrator shall issue a permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this chapter and all other applicable codes and ordinances.
(2)
Prior to the issuance of any permit, the Floodplain Administrator shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended[1]); and the United States Clean Water Act, Section 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.; 32 P.S. § 693.1 et seq.; and 35 P.S. § 691.1 et seq., respectively.
(3)
In the case of existing structures, prior to the issuance of any development/permit, the Floodplain Administrator shall review the history of repairs to the subject building, so that any repetitive loss concerns can be addressed before the permit is issued.
(4)
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 municipal laws and ordinances. The Floodplain Administrator shall make as many inspections during and upon completion of the work as are necessary.
(5)
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 identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this chapter.
(6)
In the event the Floodplain Administrator discovers that the work 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 permit and report such fact to the Board of Supervisors for whatever action it considers necessary.
(7)
The Floodplain Administrator shall maintain in perpetuity all records associated with the requirements of this chapter, including, but not limited to, finished construction elevation data, permitting, inspection and enforcement.
(8)
The Floodplain Administrator is the official responsible for submitting a biennial report to FEMA concerning community participation in the National Flood Insurance Program.
(9)
The responsibility, authority and means to implement the commitments of the Floodplain Administrator can be delegated from the person identified. However, the ultimate responsibility lies with the person identified in the floodplain ordinance as the Floodplain Administrator.
(10)
The Floodplain Administrator shall consider the requirements of the 34 Pa. Code and the 2009 IBC and the 2009 IRC or latest revisions thereof.
§ 300-106 Application procedures and requirements.
A.
Application for such a permit shall be made, in writing, to the Floodplain Administrator on forms supplied by Upper Providence Township. Such application shall contain the following:
(1)
Name and address of applicant.
(2)
Name and address of owner of land on which proposed construction is to occur.
(3)
Name and address of contractor.
(4)
Site location, including address.
(5)
Listing of other permits required.
(6)
Brief description of proposed work and estimated cost, including a breakout of flood-related cost and the market value of the building before the flood damage occurred, where appropriate.
(7)
A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.
B.
If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for permits shall provide all the necessary information in sufficient detail and clarity to enable the Floodplain Administrator to determine that:
(1)
All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances;
(2)
All utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage;
(3)
Adequate drainage is provided so as to reduce exposure to flood hazards;
(4)
Structures will be anchored to prevent flotation, collapse, or lateral movement;
(5)
Building materials are flood-resistant;
(6)
Appropriate practices that minimize flood damage have been used; and
(7)
Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities have been designed and located to prevent water entry or accumulation.
C.
Applicants shall file the following minimum information plus any other pertinent information as may be required by the Floodplain Administrator to make the above determination:
(1)
A completed permit application form.
(2)
A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:
(a)
North arrow, scale, and date;
(b)
Topographic contour lines, if available;
(c)
The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and development;
(d)
The location of all existing streets, drives, and other accessways; and
(e)
The location of any existing bodies of water or watercourses, identified floodplain areas and, if available, information pertaining to the floodway, and the flow of water, including direction and velocities.
(3)
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:
(4)
The following data and documentation:
(a)
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood; and Floodway Area when combined with all other existing and anticipated development, will not increase the base flood elevation at any point.
(b)
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an AE Area/District without floodway when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point within the community.
(c)
A document, 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. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or the development.
(d)
(e)
The appropriate component of the 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 Department of Environmental Protection, to implement and maintain erosion and sedimentation control.
(g)
Applications for permits shall be accompanied by a fee, payable to the municipality based upon the estimated cost of the proposed construction as determined by the Floodplain Administrator.
D.
Additional regulations.
(1)
Review of application by others. A copy of all plans and applications for any proposed construction or development in any identified floodplain area 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.[1]
[1]
Editor's Note: Original § 182-27.2D(1) of the 1990 Code, regarding review by County Conservation District, which immediately preceded this subsection, was repealed 8-15-2022 by Ord. No. 595.
(2)
Changes. 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 the Floodplain Administrator for consideration.
(3)
Placards. In addition to the 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 be signed by the Floodplain Administrator.
(4)
Start of construction.
(a)
Work on the proposed construction or development shall begin within 180 days after the date of issuance of the development permit. Work shall also be completed within 12 months after the date of issuance of the permit, or the permit shall expire unless a time extension is granted, in writing, by the Floodplain Administrator. The issuance of development permit does not refer to the zoning approval.
(b)
The "actual start of construction" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
(c)
Time extensions shall be granted only if a written request is submitted by the applicant, who sets forth sufficient and reasonable cause for the Floodplain Administrator to approve such a request and the original permit is compliant with the ordinance and FIRM/FIS in effect at the time the extension is granted.
§ 300-107 Enforcement and appeals.
A.
Enforcement.
(1)
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 chapter, or of any regulations adopted pursuant thereto, the Floodplain Administrator shall give notice of such alleged violation as hereinafter provided. Such notice shall:
(a)
Be in writing;
(b)
Include a statement of the reasons for its issuance;
(c)
Allow a reasonable time not to exceed a period of 30 days for the performance of any act it requires;
(d)
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 or required by the laws of the Commonwealth of Pennsylvania;
(e)
Contain an outline of remedial actions which, if taken, will effect compliance with the provisions of this chapter.
(2)
Penalties. 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 of direction of the Floodplain Administrator or any other authorized employee of the municipality shall be guilty of a misdemeanor and upon conviction shall pay a fine to Upper Providence Township, of not less than $25 nor more than $600 plus costs of prosecution. In addition to the above penalties all other actions are hereby reserved, including an action in equity for the proper enforcement of this article. 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. All such persons shall be required to correct or remedy such violations and noncompliance within a reasonable time. 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 Supervisors to be a public nuisance and abatable as such.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Appeals.
(1)
Any person aggrieved by any action or decision of the Floodplain Administrator concerning the administration of the provisions of this chapter may appeal to the Zoning Hearing Board. Such appeal must be filed, in writing, within 30 days after the decision, determination or action of the Floodplain Administrator.
(2)
Upon receipt of such appeal the Zoning Hearing Board shall consider the appeal in accordance with the Municipalities Planning Code and any other local ordinance.
§ 300-108 Permitted uses.
A.
The following uses and no other will be permitted in a Floodplain Conservation District:
(1)
The cultivation and harvesting of crops in accordance with the recognized soil conservation practices.
(2)
Pasture and grazing land in accordance with recognized soil conservation practices.
(3)
An outdoor plant nursery or orchard in accordance with recognized soil conservation practices.
(4)
A wildlife sanctuary, woodland preserve or arboretum and passive recreation or parks, including hiking, bicycle and bridle trails, but including no facilities subject to damage by flooding.
(5)
Forestry, lumbering and reforestation in accordance with recognized natural resource conservation practices, but permitting no structures.
(6)
Utility transmission lines.
(7)
Sealed public water supply wells, with the approval of the Township Engineer.
(8)
Sanitary sewers, with the approval of the Township Engineer.
(9)
Required lot area for any district, provided that such area shall not be used for on-lot sewage disposal or for nonwire fences or any other structure.
(10)
Paved roads, driveways and parking lots, when required by the regulations for the district applicable to the lot, without consideration of this district, provided that:
(a)
In the case of roads and driveways, no such facilities shall be permitted if alternative alignments are feasible.
(b)
In the case of parking facilities, no such facility shall be permitted unless adequate signage is erected identifying the area as flood prone and warning motorists not to park in that area during large storm events or satisfactory evidence is submitted demonstrating that such parking will not be utilized during periods of flood flow, thus posing no threat to the safety of the vehicles, their users and/or downstream properties. Temporary parking for periods not to exceed one hour and/or parking for recreation uses would be examples of exceptions of parking not to be utilized in periods of flood flow.
(11)
Outlet installations for sewage treatment plants and sewage pumping stations, with the approval of the Township Engineer and appropriate sewer authorities, and provided that the impact on flood levels during a 100-year storm event are within the limits established by the Federal Emergency Management Agency (FEMA).
(12)
The following uses are permitted only in Floodplain Conservation Districts defined and established pursuant to § 300-102A:
(a)
Storm sewers, if approved by the Township Engineer and subject to the floodproofing regulations in applicable ordinances.
(b)
Water detention or impoundment basins, if approved by the Township Engineer and subject to the floodproofing regulations in applicable ordinances, provided that the runoff at a storm frequency of 100 years, assuming full development of the area under existing zoning, is less than 75 cubic feet per second.
§ 300-109 Prohibited uses.
The following uses shall be specifically prohibited in a Floodplain Conservation District:
A.
All freestanding structures, buildings, and retaining walls.
B.
Detention or erosion control basins, storm drainage systems, pipes, culverts, bridges and the relocation of any watercourse unless approved by the Board of Supervisors of Upper Providence Township, which shall first have received favorable acceptance from the Township Planning Commission, Township Engineer and Montgomery County Conservation District. All required permits or approvals must be obtained from the Pennsylvania Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands. FEMA and the Pennsylvania Department of Conservation and Natural Resources shall be notified prior to any alteration or relocation of any watercourse. All improvements within the FEMA area must receive approval from FEMA and all adjacent communities, and the Pennsylvania Department of Conservation and Natural Resources must be contacted prior to the construction of any of the improvements. Copies of such notification shall be sent to FEMA. The flood-carrying capacity within the altered or relocated watercourse shall be maintained.
C.
Sanitary landfills, dumps, junkyards and the outdoor storage of vehicles and/or materials.
D.
On-site sewage disposal systems or subsurface sewage disposal areas.
E.
Private water supply wells.
F.
The construction, enlargement or expansion of manufactured homes, manufactured home parks, and manufactured home subdivisions. This includes the construction or expansion of mobile homes, mobile home parks and mobile home subdivisions.
G.
The construction, enlargement or expansion of hospitals (public or private).
H.
The construction, enlargement or expansion of nursing homes (public or private).
I.
The construction, enlargement or expansion of jails or prisons.
J.
The construction, enlargement or expansion of any structure which would be used for the production, storage or maintenance of a supply of the following toxic chemicals which are dangerous to human life: acetone, ammonia, benzine, calcium carbide, carbon disulfide, celluloid, chlorine, hydrochloric acid, hydrocyanic acid, magnesium, nitric acid and oxides of nitrogen, petroleum products (gasoline, fuel oil, etc.), phosphorus, potassium, sodium, sulphur and sulphur products, pesticides (including, without limitation, insecticides, fungicides and rodenticides), radioactive substances insofar as such substances are not otherwise regulated, and any other dangerous materials or substances regulated by the appropriate federal or state agencies.
K.
The grading or regrading of lands within the floodway, including the deposit of topsoil or any other fill material and the grading thereof, and the construction of retaining walls.
L.
Fully or partially enclosed space below the first floor (including basement) shall be prohibited in any structure in the floodplain.
M.
Sod farming.
N.
Clearing of all existing vegetation, except where such clearing is necessary to prepare land for a use permitted under the Floodplain Conservation District, herein, and where the effects of these actions are mitigated by adequate reestablishment of vegetation.
O.
New construction of buildings or placement of fill within the 100-year floodplain is prohibited.
P.
Stormwater basins, including necessary berms and outfall facilities.
Q.
Parking lots.
R.
Roads or driveways, except where permitted as corridor crossings in compliance with § 300-108, herein.
S.
Motor or wheeled vehicle traffic in any area not designed to accommodate adequately the type and volume.
T.
Recreational vehicles.
§ 300-110 Improvements to existing structures in Floodplain Conservation District.
The following provisions shall apply whenever any improvement is made to an existing structure located within any Floodplain Conservation District:
A.
No expansion or enlargement of an existing structure shall be allowed within any floodway area that would cause any increase in the elevation of the base flood elevation.
B.
No expansion or enlargement of an existing structure shall be undertaken in the direction of the streambank.
C.
Any modification, alteration, reconstruction, 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 chapter.
D.
Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this chapter must comply with all ordinance requirements that do not preclude the structure's continued designation as an historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic Places must be obtained by the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from the ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.
E.
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 chapter.
F.
No expansion or enlargement 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 base flood elevation more than one foot at any point.
G.
The above activity shall also address the requirements of the 34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC.
§ 300-111 Elevation and floodproofing requirements.
A.
Residential structures.
(1)
In AE, A1-30, and AH Zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation. The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or the most recent revisions thereof and ASCE 24 and 34 Pa. Code (Chapters 401 through 405, as amended) shall be used.
(2)
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with § 300-102A(1)(c) of this chapter.
(3)
In AO Zones, any new construction or substantial improvement shall have the lowest floor (including basement) at or above the highest adjacent grade at least as high as the depth number specified on the FIRM.
(4)
The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or the most recent revisions thereof and ASCE 24 and 34 Pa. Code (Chapters 401 through 405, as amended) shall be utilized.
B.
Nonresidential structures.
(1)
In AE, A1-30 and AH Zones, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation, or be designed and constructed so that the space enclosed below the regulatory flood elevation:
(2)
In A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with this chapter.
(3)
In AO Zones, any new construction or substantial improvement shall have its lowest floor elevated or completely floodproofed above the highest adjacent grade to at least as high as the depth number specified on the FIRM.
(4)
Any nonresidential structure, or part thereof, made watertight below the regulatory flood elevation shall be floodproofed in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the United States Army Corps of Engineers (June 1972, as amended March 1992) or with some other equivalent standard. 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.
(5)
The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or the most recent revisions thereof and ASCE 24 and 34 Pa. Code (Chapters 401 through 405, as amended) shall be used.
C.
Space below the lowest floor.
(1)
Fully enclosed space below the lowest floor (excluding basements) which 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 "fully enclosed space" also includes crawl spaces.
(2)
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, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
D.
Accessory structure.
(1)
Structures accessory to a principal building need not be elevated or floodproofed to remain dry, but shall comply, at a minimum, with the following requirements:
(a)
The structure shall not be designed or used for human habitation, but shall be limited to the parking of vehicles, or to the storage of tools, material, and equipment related to the principal use or activity.
(b)
Floor area shall not exceed 100 square feet.
(c)
The structure will have a low damage potential.
(d)
The structure will be located on the site so as to cause the least obstruction to the flow of floodwaters.
(e)
Power lines, wiring, and outlets will be elevated to the regulatory flood elevation.
(f)
Permanently affixed utility equipment and appliances such as furnaces, heaters, washers, dryers, etc., are prohibited.
(g)
Sanitary facilities are prohibited.
(h)
The structure shall be adequately anchored to prevent flotation or movement and shall be designed to automatically provide for the entry and exit of floodwater 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:
[1]
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
[2]
The bottom of all openings shall be no higher than one foot above grade.
[3]
Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
E.
Water and sanitary sewer facilities and systems.
(1)
All new or replacement water supply and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damage and the infiltration of floodwaters.
(2)
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
(3)
No part of any on-site waste disposal system shall be located within any identified floodplain area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.
(4)
The design and construction provisions of the UCC and FEMA #348, Protecting Building Utilities from Flood Damages and The International Private Sewage Disposal Code shall be utilized.
F.
Anchoring.
(1)
All recreational vehicles, buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
(2)
All air ducts, large pipes, storage tanks, and similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
§ 300-112 Special requirements for certain uses.
The following list of uses shall require a special exception when the proposed use is located within the Floodplain Conservation District, as defined in § 300-102A herein. The use may be allowed or denied by the Zoning Hearing Board after recommendations by the Township Planning Commission, pursuant to the standards set forth in these regulations:
A.
A game farm, fish hatchery or hunting and fishing preserve for the protection or propagation of wildlife, but permitting no structures.
B.
A commercial recreation use, whether open to the public or restricted to private membership, such as parks, camps, picnic areas, golf courses or fishing, sport or boating clubs, not to include enclosed structures excepting toilet facilities, but permitting piers, docks, floats or shelters usually found in developed outdoor recreation areas. Any toilet facilities provided shall be connected to public water and sewage systems and subject to the floodproofing regulations in applicable ordinances.
C.
The grading or regrading of lands located in areas described by § 300-102A(1)(b), (c) and (3) herein, and the construction of retaining walls shall be performed in accordance with all of the following, unless any specific criterion is determined to be inapplicable by the Zoning Hearing Board:
(1)
The applicant must provide a road impact analysis of the existing roads leading to the site. The road impact analysis must document the existing condition of all existing roads that will be used by trucks and other vehicles and equipment used to haul the fill material to the fill site and for the grading thereof. This documentation must include a written report, as well as an existing conditions video, and this documentation must be in a form satisfactory to the Township Engineer. Prior to the commencement of fill/grading activities, the applicant must provide an escrow to the Township sufficient to ensure the repair of all damage to the existing roads.
(2)
Operation at the site shall be restricted to the hours from 7:00 a.m. to 5:00 p.m., Monday through Friday, and from 9:00 a.m. to 4:00 p.m. on Saturdays. No operation on the site shall be performed on Sundays.
(3)
The applicant will be required to control noise levels at the site to Township-required levels.
(4)
The applicant must obtain approval of an erosion and sedimentation control plan for the fill site from the Montgomery County Conservation District. The applicant will be required to implement and maintain the approved erosion and sedimentation control plan for the project site at all times.
(5)
The applicant must obtain approval for the filling and grading of areas designated as floodplains from the Pennsylvania Department of Environmental Protection (DEP) as a prerequisite to the Township's grant of a special exception.
(6)
The applicant must perform a wetland investigation of the project site as a prerequisite to the Township's grant of a special exception and prior to the commencement of any fill operation. The applicant shall submit a report to the Township certifying that no wetlands are present in the proposed fill area. If wetlands are present, the applicant must provide to the Township copies of all permits allowing the filling of the wetland or waters of the United States from all applicable agencies having jurisdiction over wetlands or waters of the United States as a prerequisite to the Township's grant of a special exception.
(7)
As a prerequisite to the Township's grant of a special exception, the applicant must submit detailed floodplain calculations to the Township Engineer demonstrating that the postfill condition of the floodplain will not adversely impact the flood levels during a 100-year storm event and are within the limits established by FEMA. Such calculations shall be in a form satisfactory to the Township Engineer.
(8)
The applicant must make application to and obtain from FEMA a conditional letter of map revision (CLOMR) as a prerequisite to the Township's grant of a special exception. The applicant shall supplement this application with an as-built plan confirming the actual map revision to FEMA within 30 days after the site has been stabilized.
(9)
The duration of the filling/grading operation shall not exceed six months; however, if the Township Engineer determines that special circumstances exist, the time frame may be extended for a period of time deemed appropriate by the Township Engineer, but in no event shall the time period exceed 12 months.
(10)
The applicant shall make application to Upper Providence Township for a grading permit in accordance with the Code of the Township of Upper Providence, Chapter 178, Grading and Excavation, as part of the special exception application. The Township Engineer shall not issue a grading permit unless the applicant has first obtained a special exception to allow the proposed grading.
D.
All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is lesser, in identified floodplain areas where BFE 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 supported by FEMA for a conditional letter of map revision and letter of map revision. Submittal requirements and processing fees shall be the responsibility of the applicant.
E.
Other uses similar to those above.
§ 300-113 Zoning permit application procedures.
A.
In a floodplain as defined in § 300-102 herein, a zoning permit shall be required for 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, the storage of materials and equipment, excavating or drilling operations. Applications for a zoning permit shall be filed with the Zoning Officer, who shall make an initial determination on the application. For a use other than those permitted in § 300-108, an application seeking approval of a special exception or variance shall be forwarded to the Zoning Hearing Board for all requests subject to § 300-102A(1) and (2) and to the Board of Supervisors for all requests subject to § 300-102A(3). All requests shall be forwarded with the required studies or information and the findings of the Zoning Officer.
B.
The application for all use requests shall be accompanied by the following:
(1)
Detailed engineering studies indicating the effects on drainage and streams on all adjacent properties as well as the property in question.
(2)
An application for amending the boundaries of the Floodplain Conservation District if the boundaries will be affected by the proposed special exception or use by variance.
(3)
A review of a soil erosion and sedimentation control plan by the Natural Resources Conservation Service. The results of said review and any recommendations of the Natural Resources Conservation Service shall be considered by the Zoning Officer in his decision concerning the issuance of a zoning permit.
C.
Upon receipt of an application for a zoning permit in a floodplain, the Zoning Officer shall request the review and recommendations of the Upper Providence Township Planning Commission. Said review and any recommendations therefrom shall be considered by the Zoning Officer in the issuance and/or conditions of said permit.
D.
A permit shall not be required for those repairs to existing buildings or structures that are considered minor repairs by the Township's Zoning Officer.
§ 300-114 Procedures for consideration of special exceptions or variances.
If compliance with any of the requirements of this chapter would result in an exceptional hardship to a prospective builder, developer, or landowner, Upper Providence Township may, upon request, grant relief from the strict application of the requirements. All applications for approval of special exceptions or variances shall be considered using standards listed in § 300-115.
A.
The Zoning Hearing Board shall hold a public hearing within 60 days after an application is filed pursuant to public notice.
B.
Prior to submission of an application for special exception or variance to the Zoning Hearing Board, the applicant shall submit a soil erosion and sedimentation control plan to the Natural Resources Conservation Service for review. The results of said review and any recommendations of the Natural Resources Conservation Service shall be submitted as part of said application.
C.
The Zoning Officer shall request, upon receipt of an application to the Zoning Hearing Board, the review and recommendations of the Upper Providence Township Planning Commission. Said review and any recommendations therefrom shall be forwarded to the Board of Supervisors for any appropriate action.
D.
The Zoning Hearing Board may request the review and recommendation of technical agencies or appropriate planning agencies to assist in determining the impact of the proposed use. Any such review shall be requested at least 30 days prior to the public hearing.
E.
The Zoning Hearing Board shall render a decision within 45 days after the public hearing. In rendering a decision, the Zoning Hearing Board may impose special measures or conditions as deemed necessary and appropriate for the use to conform to the intent of the chapter.
§ 300-115 Standards for granting of special exceptions or variances.
The Zoning Hearing Board shall exercise discretion in allowing only those uses which are substantially in accord with the stated objectives in § 300-101 herein. The Zoning Hearing Board, in considering special exceptions or variance applications, shall consider the following:
A.
The effect of the use shall not substantially alter the cross-section profile of the stream and floodplains at the location of the proposed use.
B.
Lands abutting the waterway, both upstream and downstream, shall not be unreasonably affected by the proposed use.
C.
The general welfare or public interest of Upper Providence Township or of other municipalities in the same watershed shall not be adversely affected.
D.
Any new structures permitted by special exception or by variance shall be constructed and placed on the lot 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 floodwaters. Such structures shall be elevated in accordance with the provisions contained in § 300-111, Elevation and floodproofing requirements, within this chapter.
E.
Any new structure permitted as a special exception or by variance shall be floodproofed in accordance with the provisions contained in § 300-111, Elevation and floodproofing requirements, within this chapter.
(1)
All such structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse or lateral movement.
(2)
All such 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.
F.
Any additions to existing structures permitted as a special exception or by variance shall be elevated to the greatest extent possible according to the provisions contained in § 300-111 of this chapter. However, any portion of the structure not so elevated shall be floodproofed, also in accordance with § 300-111, Elevation and floodproofing requirements, within this chapter.
G.
An affirmative decision shall not be issued by 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.
H.
The Zoning Hearing Board shall notify the applicant in writing, over the signature of community officials, 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 that such construction below the base flood elevation increases risk to life and property. Such notification shall be maintained with a record of all decisions as required in Subsection I below.
K.
Within any FA floodplain areas, no new construction or development shall be located within the area measured 50 feet landward from the top of bank of any watercourse.
L.
In granting any variance Upper Providence Township shall attach the following technical provisions to the proposal for which the variance has been granted. These conditions and safeguards are necessary in order to protect public health, safety, and welfare of the residents of this municipality.
(1)
Pertaining to the alteration or relocation of a 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 municipality, and until all required permits or approvals have been first obtained from the Department of Environmental Protection Regional Office.
(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)
In addition, FEMA and the Pennsylvania Emergency Management Agency shall be notified prior to any alteration or relocation of any watercourse.
(2)
The municipality shall require technical or scientific data to be submitted to FEMA for a letter of map revision (LOMR) within six months of the completion of any new construction, development, or other activities resulting in changes in the base flood elevation. A LOMR or conditional letter of map revision (CLOMR) is required for:
(a)
Any development that causes a rise in the base flood elevations within the floodway;
(b)
Any development occurring in an AE Area/Zone without a designated floodway, which will cause a rise of more than one foot in the base flood elevation; or
(c)
Alteration or relocation of a stream (including but not limited to installing culverts and bridges.)
(3)
Any new construction, development, uses or activities allowed by variance within any Floodplain Conservation District shall be undertaken in strict compliance with the provisions contained in this chapter 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 Department of Environmental Protection Regional Office.
(4)
Where permitted by variance within any identified floodplain area, any new or substantially improved nonresidential structure shall be built in accordance with § 300-111, including:
(a)
Elevated, or designed and constructed to remain completely dry up to at least 1 1/2 feet above base flood elevation; and
(b)
Designed to prevent pollution from the structure or activity during the course of a base flood.
(c)
Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication Flood-Proofing Regulations (United States Army Corps of Engineers, June 1972 as amended March 1992), or with some other equivalent watertight standard.
(5)
If a variance for a recreational vehicle is granted, the following shall apply:
§ 300-116 Additional standard for approval of uses by variance.
A property owner of a lot of record, as of the date of the enactment of this article, who is able to prove that 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, may seek relief by applying for a variance from the Zoning Hearing Board.
A.
The Zoning Hearing Board, after deciding upon the merits of the application, may permit the applicant to make some reasonable use of the property in question, while ensuring that such use will not violate the basic objectives of this district as specified in § 300-101 herein.
B.
In considering a use as a variance, the Zoning Hearing Board shall consider those standards outlined in § 300-115 herein.
C.
Requests for variances shall be considered by the Zoning Hearing Board in accordance with the following:
(1)
Affirmative decisions shall only be issued by the Zoning Hearing Board upon:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant the appeal would result in exceptional hardship to the applicant; and
(c)
A determination that the granting of an appeal will not result in increased flood heights, additional threats to public safety or extraordinary public expense or create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
(2)
Affirmative decisions shall only be issued upon determination that it is the minimum necessary, considering the flood hazard, to provide relief.
D.
Should any variances be issued to permit fully or partially enclosed spaces below the lowest floor (including basement) for a structure in the floodplain, the design requirements of Section 60.3(d) of the National Flood Insurance Program shall be enforced.
§ 300-117 Boundary disputes and appeals procedure.
A.
Should a dispute concerning any identified floodplain boundary area arise, an initial determination shall be made by Upper Providence Township, and any party aggrieved by this decision or determination may appeal to the Township Zoning Hearing Board. The burden of proof shall be on the applicant.
B.
Any party aggrieved by the decision of the Zoning Officer as to the boundaries of the Floodplain Conservation District as defined above, which may include the grounds that said map referred to therein is or has become incorrect because of changes due to natural or other causes or changes indicated by future detailed hydrologic and hydraulic studies, may appeal to the Zoning Hearing Board as provided in Article II of this chapter and §§ 300-114, 300-115 and 300-116 herein. The burden of proof in such an appeal shall be on the appellant.
C.
Insofar as various natural conditions, including the Floodplain Conservation District as herein defined, may change, such changes may be validated by detailed on-site survey techniques approved by the United States Army Corps of Engineers, Philadelphia District. Whether a proposed use is within the Floodplain Conservation District shown on the Floodplain Conservation District Map shall, upon appeal from the decision of the Zoning Officer, be determined by the Zoning Hearing Board upon receipt of the findings of the detailed on-site survey by the petitioner. The Zoning Hearing Board, in addition to other evidence and standards, may consider the recommendations of the Township Planning Commission and the validation of the United States Army Corps of Engineers, Philadelphia District, and/or other municipal agencies.
D.
The Zoning Hearing Board shall request a review and recommendation of the Natural Resources Conservation Service at least 30 days prior to the public hearing.
E.
All changes to the boundaries of the Floodplain Conservation District are subject to the review and approval of the Federal Insurance Administrator.
§ 300-118 Nonconforming uses or structures.
Following the adoption of this article, any use or structure which is situated within the boundaries of the Floodplain Conservation District and which does not conform to the permitted uses specified in § 300-108 herein shall become a nonconforming use or structure, regardless of its conformance to the district in which it is located, without consideration of this article.
A.
The expansion or continuance of nonconforming use or structure which is nonconforming with respect to the district in which it is located, without consideration of this article, shall be governed by the requirements of Article III of this chapter. However, the Zoning Hearing Board shall ensure that the standards contained in § 300-115 herein are applied to the expansion or continuance of said nonconforming use or structure.
B.
The expansion or continuance of a nonconforming use or structure which is rendered nonconforming by the adoption of this district shall be governed by the standards contained in § 300-115 herein. The Zoning Hearing Board shall ensure that these standards are enforced with respect to said nonconforming use or structure.
§ 300-119 Rebuilding of destroyed structures.
Structures located within the floodplain may be rebuilt if destroyed by fire or other catastrophe, provided that the reconstruction will not result in an increase in the base flood elevation, as referenced in the Flood Insurance Study, Township of Upper Providence. Such reconstruction must be in compliance with the floodproofing or elevation requirements of this article.
§ 300-120 Municipal liability.
A.
The grant of a zoning permit or approval of a subdivision plan in the Floodplain Conservation 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 or its officials or employees.
B.
The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas, will be free from flooding or flood damages.
C.
This chapter shall not create liability on the part of Upper Providence Township or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
§ 300-121 Interpretation.
This chapter 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 chapter, the more restrictive shall apply.