Those areas defined as "floodplain" by the Floodplain
Conservation District of the Township Zoning Ordinance shall be subject to the requirements and restrictions
contained in the Zoning Ordinance and the following additional regulations
which are intended to conform to the requirements of Section 60.3d
of the National Flood Insurance Program, P.L. 90-448, and the Pennsylvania
Flood Plain Management Act P.L. 851, No. 166 of 1978. It is the purpose of these regulations to:
A. Regulate any subdivision or land development of floodplain
land areas that is permitted or as a result of an approved variance
in order to promote the general health, welfare and safety of the
community.
B. Require that each subdivision lot or development site
in floodplain areas be provided with a safe building site with adequate
access; and that public facilities which serve such sites be designed
and installed to preclude flood damage at the time of initial construction.
C. Protect individuals from buying lands which are unsuitable
for use because of flood hazards by prohibiting the subdivision and
development of unprotected floodplain areas.
D. Maintain the certification of Montgomery Township
and the eligibility of the property owners in Montgomery Township
for the benefits of the National Flood Insurance Program, P.L. 90-448.
The following requirements shall apply for all
subdivision and land developments proposed in Montgomery Township:
A. The Board of Supervisors may, when it is deemed necessary
for health, safety or welfare of the present and future population
of the area and necessary to the conservation of water, drainage and
sanitary facilities, restrict subdivision of any portion of the property
which lies within the floodplain of any stream or drainage course.
B. No subdivision or land development shall be approved
if the proposed development or improvements will, individually or
collectively, increase the established flood level or regulatory flood
elevation (where available).
C. If the Board of Supervisors determines that only a
portion of a proposed plan can be safely developed, it shall limit
development to that part and shall require that development proceed
consistent with this determination.
D. When a developer does not intend to develop the plan
himself and the Board of Supervisors determines that additional controls
are required to ensure safe development, it may require the developer
to impose appropriate deed restrictions on the land. Such deed restrictions
shall be inserted on every deed and noted on the record plan.
E. Any new construction and substantial improvements,
including the placement of prefabricated buildings, located in flood-prone
areas shall be designed or modified and adequately anchored to prevent
flotation, collapse or lateral movement of the structure, be constructed
with materials and utility equipment resistant to flood damage and
be constructed by methods and practices minimizing flood damage.
F. Prospective developers shall consult with the Code
Enforcement Officer to make a determination as to whether or not the
proposed subdivision or land development is located within an identified
floodplain.
G. Where not prohibited by this chapter or any other
codes or ordinances, land located in a floodplain may be subdivided
or developed in accordance with this chapter and any other codes or
ordinances regulating such development.
Where any excavation or grading is proposed
or where any existing trees, shrubs or other vegetative cover will
be removed, the developer shall consult the Montgomery County Conservation
District representative concerning plans for erosion and sediment
control and a report on the soil characteristics of the site in order
to determine the type and magnitude of development the site may safely
accommodate. Before undertaking any excavation or grading, the developer
shall conform to all pertinent laws, regulations and ordinances of
the Commonwealth of Pennsylvania and Montgomery Township.
Any development which creates a significant
change in the characteristics of the watershed, thus increasing volume
and/or velocity of surface water runoff due to the decrease in retention
and infiltration of stormwater, shall not be permitted until guaranties
are made of erosion, sedimentation, inundation and water drainage
from peak periods of precipitation to provide for controlled disposal
of excess surface water. Such improvements must satisfy the requirements
and regulations of the Pennsylvania Department of Environmental Resources,
Bureaus of Water Quality Management and Dams and Encroachments.
The finished elevation of proposed streets within
floodplain area shall be a minimum of two feet above the base flood
elevation or regulatory flood elevation, where available. Drainage
openings shall be sufficient to discharge flood flows without increasing
flood heights onto lands of other property owners.
All new or replacement water systems in floodplain
areas, whether public or private, shall be floodproofed to a point
1 1/2 feet above the established base flood elevation or regulatory
flood elevation, where available. If there is an existing public water
supply system within or near the subdivision or land development,
the Board of Supervisors shall require the developer to connect to
this system where practical and shall prescribe the procedures to
be followed by the developer in connecting to said system.
All other new or replacement public or private
utilities and facilities shall be elevated or floodproofed to a point
1 1/2 feet above the established base flood elevation or regulatory
flood elevation, where available.
The Board of Supervisors, in its consideration
of any preliminary plan of subdivision and land development, shall
condition its approval upon the execution of measures designed to
prevent accelerated soil erosion and resulting sedimentation, as required
by the Pennsylvania Department of Environmental Resources. All applicable
regulations and permit requirements of said Department, as stipulated
in its Soil Erosion and Sedimentation Control Manual, shall be followed
by all parties engaged in earth-moving activities.
All continuously flowing natural watercourses
shall be maintained in their natural state, except that removal of
debris and correction of severe erosion shall be required.