[Ord. 2016-01, 2/17/2016]
1. The intent of this Part is to:
A. Protect areas of the floodplain necessary to contain floodwaters.
B. 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.
[Ord. 2016-01, 2/17/2016]
1. The Floodplain Conservation District is defined as a district applicable to those areas of the Borough of Conshohocken subject to inundation by the waters of the one-percent annual chance flood as delineated on the Flood Insurance Rate
Map (FIRM) for Montgomery County, Pennsylvania, as prepared by the Federal Emergency Management Agency, dated March 2, 2016, and subsequent revisions thereto. Said floodplain areas consist of the following specific areas:
C. Soils with frequency of flooding of 1% or greater per year, as delineated
by the Natural Resources Conservation Service, United States Department
of Agriculture Web-Based Soil Survey (available online at http://websoilsurvey.nrcs.usda.gov/),
including the following soils:
(8)
Urban land occasionally flooded (UIA).
2. In lieu of the above, the Borough of Conshohocken may require the
applicant to determine the elevation with hydrologic and hydraulic
engineering techniques. Hydrologic and hydraulic analyses shall be
undertaken only by professional engineers or others 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 Borough.
3. The Floodplain Conservation District shall be delineated according to FEMA's Flood Insurance Rate
Map (FIRM) for the Borough of Conshohocken which is hereby made a part of this Subpart, and additional area based on soils as described in §
27-1702, Subsection
1C. The FIRM is available for inspection at the Borough office.
4. The Floodplain Conservation District shall be deemed an overlay on
any zoning district now or hereafter applicable to any lot.
5. It shall be unlawful for any person, partnership, business or corporation
to undertake, or cause to be undertaken, any construction or development
anywhere within the Borough of Conshohocken unless a permit has been
obtained from the Floodplain Administrator.
6. A permit shall not be required for minor repairs to existing buildings
or structures.
[Ord. 2016-01, 2/17/2016]
This Part supersedes any other conflicting provisions which
may be in effect in the Floodplain Conservation District. However,
any other 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 Part, the more
restrictive shall apply.
[Ord. 2016-01, 2/17/2016]
If any section, subsection, paragraph, sentence, clause or phrase
of this Part shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining provisions of this
Part, which shall remain in full force and effect, and for this purpose
the provisions of this Part are hereby declared to be severable.
[Ord. 2016-01, 2/17/2016]
1. The degree of flood protection sought by the provisions of this Part
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 Part does not imply that
areas outside the Floodplain Conservation District, or that land uses
permitted within such areas, will be free from flooding or flood damages.
2. This Part shall not create liability on the part of the Borough of
Conshohocken or any officer or employee thereof for any flood damages
that result from reliance on this Part or any administrative decision
lawfully made thereunder.