[1]
Editor’s Note: This article title was amended, to include
the word “overlay,” 1-28-2010 by Ord. No. 893. Said ordinance
also provided that all references to said district would be construed
to be the name as amended.
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.
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]
[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.
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.
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.
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.
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]
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Acetone
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Ammonia
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Benzene
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Calcium carbide
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Carbon disulfide
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Celluloid
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Chlorine
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Corrosive liquids, flammable liquids or solids,
highly toxic materials or similar substances determined to be hazardous
by the Fire Marshal
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Hydrochloric acid
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Hydrocyanic acid
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Magnesium
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Nitric acid and oxides of nitrogen
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Pesticides (including insecticides, fungicides
and rodenticides)
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Petroleum products (gasoline, fuel oil, etc.)
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Phosphorus
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Potassium
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Radioactive substances, insofar as such substances
are not otherwise regulated
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Sodium
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Sulphur and sulphur products
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[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.
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]
