Whitemarsh Township
City Zoning Code
City Zoning Code
ARTICLE XXII
Floodplain Conservation Overlay District 1
§ 116-158 Compliance required.
No structure or land shall hereafter be used and no structure shall be located, relocated, reconstructed, enlarged or structurally altered except in full compliance with the terms and provisions of this chapter and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this chapter.
§ 116-159 District description.
The Floodplain Conservation District shall include areas adjoining any watercourse, drainage course or body of water subject to periodic inundation or overflow. The most extensive of those areas described in the following sources determine the outermost boundary of the Floodplain Conservation District:
A.
One-hundred-year flood boundary, as delineated in the Flood Insurance Study dated December 19, 1996, and the accompanying maps prepared by the Federal Emergency Management Agency (FEMA), or the most recent revision thereof.
[Amended by Ord. No. 693]
B.
Fifty-year flood, as delineated in the Floodplain Information Report on Wissahickon Creek, Montgomery County, Pennsylvania, Corps of Engineers, United States Army District, Philadelphia, March 1965.
C.
The Floodplain District shall be extended to include land areas which contain soil characteristics clearly indicating flooding conditions, hereinafter referred to as "floodplain soils." The floodplain soils shall include any one or combination of the following soil classifications as defined in the Soil Survey of Montgomery County, Pennsylvania, prepared by the United States Department of Agriculture, Soil Conservation Service: Bermudian silt loam, Bouldery alluvial land, Bowmansville silt loam, Codorus silt loam, Hatboro silt loam and Rowland silt loam.
[Amended 7-15-1993 by Ord. No. 645]
§ 116-160 Determination of Floodplain Conservation District.
[Amended 7-15-1993 by Ord. No. 645]
The Floodplain Conservation District is established as hereinabove described. Where the specific one-hundred-year elevation has not been detailed on the Flood Insurance Study, the floodplain soils shall govern unless the applicant for the proposed use, development and/or activity determines this elevation is in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analysis shall be undertaken at the expense of the applicant by professional engineers or others of demonstrated qualifications, who shall certify that the methods used correctly reflect currently accepted technical concepts. Soil mapping may be verified by the applicant by on-site testing. Studies, analysis, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township.
§ 116-161 Overlay concept.
A.
The Floodplain Conservation District shall be an overlay to the existing underlying districts as shown on the Zoning Map. As such, the provisions for the Floodplain Conservation District shall serve as a supplement to the underlying district provisions.
B.
Where there is any conflict between the provisions or requirements of the Floodplain Conservation District and those of any underlying district, the more restrictive provisions shall apply.
§ 116-162 District boundary changes.
The delineation of the Floodplain Conservation District may be revised by the Board of Supervisors where natural or man-made changes have occurred or where more detailed studies conducted or undertaken by a qualified agency or individual document the suitability for such change. Prior to any such revision, approval shall be obtained from the Federal Insurance Administration.
§ 116-163 Interpretation of district boundaries.
Initial interpretations of the boundaries of the Floodplain Conservation District shall be made by the Zoning Officer. Should a dispute arise concerning the boundaries of the district, the Zoning Hearing Board shall make a determination, pursuant to § 116-216. The person questioning the location of the district boundary shall have the burden of proving the actual location of the boundary in question.
§ 116-164 General restrictions.
A.
No use, activity or development shall adversely affect the capacity of the channels or floodways of any watercourse, drainage course or any other drainage facility or system.
B.
Prior to undertaking any alteration or relocation of any stream or watercourse within the Township:
(1)
A permit shall be obtained from the Pennsylvania Department of Environmental Resources, Dams and Encroachment Division; and
(2)
Notification of the proposed alteration or relocation shall be given to all affected adjacent municipalities. Copies of such notifications shall be forwarded to both the Federal Insurance Administration and the Pennsylvania Department of Community Affairs.
C.
In the Floodplain Conservation District, no development shall be permitted except where the effect of such development on flood heights is fully offset by accompanying improvements which have been approved by all appropriate local, state and federal authorities as required above.
D.
Any structure to be located in the Floodplain Conservation District which will be used for the production or storage of any of the following materials or substances or which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume, or any amount of radioactive substances) of any of the following materials or substances on the premises shall be prohibited:
[Added 1-13-1983 by Ord. No. 458]
Acetone | |
Ammonia | |
Benzene | |
Calcium carbide | |
Carbon disulfide | |
Celluloid | |
Chlorine | |
Corrosive liquids, flammable liquids or solids, highly toxic materials or similar substances determined to be hazardous by the Fire Marshal | |
Hydrochloric acid | |
Hydrocyanic acid | |
Magnesium | |
Nitric acid and oxides of nitrogen | |
Pesticides (including insecticides, fungicides and rodenticides) | |
Petroleum products (gasoline, fuel oil, etc.) | |
Phosphorus | |
Potassium | |
Radioactive substances, insofar as such substances are not otherwise regulated | |
Sodium | |
Sulphur and sulphur products |
§ 116-165 Permitted uses.
[Amended 5-14-1998 by Ord. No. 708]
A.
In the Floodplain Conservation District, dwellings, except for mobile or manufactured homes, are permitted within the floodway fringe, provided that they are in compliance with the provisions of the underlying district; they cause no increase in the elevation of the one-hundred-year-frequency recurrent interval flood by more than one foot at any point; and are not prohibited by any other ordinances or regulations.
B.
In the Floodplain Conservation District, the following additional uses and activities are permitted, provided that they are in compliance with the provisions of the underlying district and are not prohibited by another ordinance and provided they do not require structures, fill or storage of materials or equipment:
(1)
Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild-crop harvesting, operating pursuant to recognized soil conservation practices.
(2)
Public and private recreational uses and activities, such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking, horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries and fishing areas.
(3)
Front, side or rear yards and required lot area.
(4)
Pervious parking and loading areas.
§ 116-166 Special exception uses.
A.
The following uses and activities may be permitted in the floodway by special exception, provided that they are in compliance with the provisions of the underlying district; they cause no increase in flood heights or velocities; and are not prohibited by any other ordinance:
B.
The following uses and activities may be permitted in the floodway fringe by special exception, provided that they are in compliance with the provisions of the underlying district; they cause no increase in the elevation of the one-hundred-year-frequency recurrent interval flood by more than one foot at any point; and are not prohibited by any other ordinance:
[Amended 5-14-1998 by Ord. No. 708]
(3)
Utilities and public facilities and improvements, such as railroads, streets, transmission lines, pipelines, water- and sewage-treatment plants and other similar or related uses.
(4)
Extraction of sand, gravel and other materials.
(5)
Storage of materials and equipment, provided that they are not buoyant, flammable or explosive and are not subject to major damage by flooding.
(6)
Other similar uses and activities.
C.
Any new construction, development or substantial improvements granted by special exception must be in full compliance with 44 CFR 60.3(a) through (d) of the National Flood Insurance Program regulations.
[Added 12-12-1996 by Ord. No. 693]