[Added 4-23-1984 by Ord. No. 18F]
Those areas defined as "floodplain" by the Floodplain Conservation District of the Township Zoning Ordinance[1] 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.[2] 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.
[1]
Editor's Note: See Ch. 230, Zoning.
[2]
Editor's Note: See 32 P.S. § 679.101 et seq.
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.
A. 
Storm drainage facilities shall be designed to convey the flow of a one-hundred-year storm without risk to persons or property. The drainage system shall ensure drainage at all points along streets and ensure conveyancy of drainage away from buildings and on-site waste disposal sites.
B. 
The Board of Supervisors may require in a floodplain, an underground storm sewer system to accommodate one-hundred-year floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of increased peak runoff onto adjacent properties.
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.
[1]
Editor’s Note: Former § 205-41, Elevation of new construction and improvements, as amended, was repealed 9-26-2016 by Ord. No. 16-297ZS.
A. 
Within floodplain areas:
(1) 
New and replacement sanitary sewer systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters, and all appurtenances thereto, including but not limited to pumping stations, shall be floodproofed up to a point 1 1/2 feet above the base flood elevation.
(2) 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
B. 
The Board of Supervisors may prohibit installation of sewage disposal facilities requiring soil absorption systems where such systems will not function due to high groundwater, flooding or unsuitable soil characteristics. The Board of Supervisors may require that the developer note on the plan and in any deed of conveyance that on-site sewage disposal systems are prohibited in designated flood-prone areas.
C. 
The Board of Supervisors may prescribe adequate methods for waste disposal. If a public sanitary sewer system is located within or near the proposed subdivision or land development, the Board of Supervisors shall require the developer to connect to this system where practical, based upon the recommendation of the Montgomery Township Sewer Authority Engineer, and shall prescribe the procedures to be followed by the developer in connecting to said system.
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.
A. 
Intermittent watercourses shall be maintained essentially at their existing alignments and gradients except that they may be improved by minor regrading and shall either be planted in grass or provided with water erosion preventive improvements such as riprap. Paving of such watercourses shall not be allowed, nor shall piping, except under roads, driveways and walkways.
B. 
Intermittent watercourses often are significant elements of the headwaters of larger streams and are usually small in size. Therefore, developers should be encouraged to design and build around and with respect for these drainageways, and the Board of Supervisors may allow rerouting of these drainageways only when serious considerations so warrant or when the site drainage will be improved by such proposed alignment changes.