The intent of this chapter is to:
A. 
Protect areas of the floodplain necessary to contain floodwaters.
B. 
To permit only those uses in the floodplain that are compatible with preserving natural conditions and stream flow.
C. 
Promote the general health, welfare, and safety of the community by preventing development in areas prone to flooding.
D. 
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
E. 
Minimize danger to public health by protecting water supply and natural drainage.
F. 
Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding.
G. 
Comply with federal and state floodplain management requirements.
A. 
FCD defined. The FCD is defined and established as a district applicable to those areas of Lower Moreland Township subject to inundation by the waters of the one-hundred-year flood as delineated on the FIRM for Lower Moreland Township, Montgomery County, Pennsylvania, as issued by FEMA, dated December 19, 1996, or the most recent revision thereof. Said floodplain areas shall consist of the following specific areas:
(1) 
Zone AE;
(2) 
Zone A;
(3) 
Alluvial soils.
(a) 
Alluvial soils as delineated by the USDA-NRCS web-based soil survey (available online at http://websoilsurvey.nrcs.usda.gov/), including the following soils:
[1] 
Bowmansville (Bo);
[2] 
Knauers (Bo);
[3] 
Gilbraltar (Gc);
[4] 
Hatboro (Ha);
[5] 
Rowland (Rt);
[6] 
Rowland (RwA);
[7] 
Rowland (RwB); and
[8] 
Urban land occasionally flooded (UIA).
(b) 
The Township of Lower Moreland will recognize a soils analysis prepared by a licensed soil scientist for specific alluvial soils delineation for an individual site and allow this study to supersede the USDA-NRCS website.
B. 
In lieu of the above, the Township of Lower Moreland may require the applicant to determine the elevation with hydrologic and hydraulic analyses in accordance with the subsection below relating to hydrologic and hydraulic analyses (§ 108-202G).
C. 
The FCD shall be delineated according to FEMA's FIRMs which are hereby made a part of this chapter, and additional area based on soils as described in the subsection above relating to FCD defined (§ 108-202A). The FIRMs are available for the inspection of any interested party during office hours at the Township of Lower Moreland office, in accordance with the Pennsylvania Right-to-Know Law.[1]
[1]
Editor's Note: See 65 P.S. § 67.101 et seq.
D. 
The FCD shall be deemed an overlay on any zoning district set forth in Chapter 208, Zoning, of the Lower Moreland Township Codified Ordinances, now or hereafter applicable to any lot. Additionally, the FCD of this chapter shall be known as and may be cited as the "Floodplain Conservation Overlay Zoning District" or "O-FC" in Chapter 208, Zoning, of the Lower Moreland Township Codified Ordinances.
E. 
It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within Lower Moreland Township unless a permit has been obtained from the Floodplain Administrator.
F. 
A permit shall not be required for minor repairs to existing buildings or structures.
G. 
Hydrologic and hydraulic analyses. When required, hydrologic and hydraulic analyses shall be undertaken only by a professional engineer or other 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 of Lower Moreland and the Pennsylvania Department of Community and Economic Development (DCED) as applicable.
H. 
Unless specified elsewhere in this chapter, references to the FIRMs shall include FIRMs dated March 2, 1998, and issued by the FEMA, or the most recent revision thereof, including all digital data developed as part of the FIS.
This chapter supersedes any other conflicting provisions which may be in effect in the FCD. However, any other chapter, code, or 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.
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 this chapter, which shall remain in full force and effect, and for this purpose the provisions of this chapter are hereby declared to be severable.
A. 
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 the FCD or that land uses permitted within such areas will be free from flooding or flood damages.
B. 
This chapter shall not create liability on the part of the Township of Lower Moreland or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.