[Amended 2-21-1978 by Ord. No. 197; 6-26-1978 by Ord. No. 202; 4-2-1984 by Ord. No. 241; 2-16-1987 by Ord. No.
263; 9-17-1990 by Ord. No. 301; 12-16-1991 by Ord. No. 307; 8-7-1995 by Ord. No. 345; 12-2-1996 by Ord. No. 357; 3-17-2003 by Ord. No. 423; 3-3-2008 by Ord. No. 484; 3-21-2016 by Ord. No. 554]
A.
The Legislature of the Commonwealth of Pennsylvania has, by the passage
of the Pennsylvania Flood Plain Management Act of 1978,[1] delegated the responsibility to local governmental units
to adopt floodplain management regulations to promote public health,
safety, and general welfare of its citizenry. Therefore, the Board
of Supervisors of Upper Providence Township does hereby order as follows.
[1]
Editor's Note: See 32 P.S. § 670.101 et seq.
B.
In addition to the purpose and statement of community development objectives found in Article 1, § 182-2, the specific intent of this district shall be to protect areas of the floodplain subject to and necessary for the containment of floodwaters and to permit and encourage the retention of open space land uses which will be so located and utilized as to constitute a harmonious and appropriate aspect of the continuing physical development of Upper Providence Township. Furthermore, in light of the Township's certification as eligible for federal flood insurance, and to comply with the Pennsylvania Flood Plain Management Act of 1978, it is the intent of this district to provide adequate protection for flood-prone properties within Upper Providence.
C.
In advancing these principles and the general purpose of this chapter
and the Comprehensive Plan, the following shall be the specific objectives
of the Floodplain Conservation District:
(1)
To combine with present zoning requirements certain restrictions
made necessary for flood-prone areas to promote the general health,
welfare and safety of the Township.
(2)
To prevent the erection of structures in areas unfit for human usage
by reason of danger from flooding, unsanitary conditions, or other
hazard.
(3)
To minimize the danger to public health by protecting the quality
and quantity of surface and subsurface water supplies adjacent to
and underlying flood hazard areas and promoting safe and sanitary
drainage.
(4)
To permit only those uses which can be appropriately located in the
floodplain as herein defined and which will not impede the flow or
storage of floodwaters or otherwise cause danger to life and property
at, above or below their locations along the floodplain.
(5)
To protect those individuals who might choose, despite the flood
dangers, to develop or occupy land on a floodplain.
(6)
To protect adjacent landowners, and those both upstream and downstream,
from damages resulting from development within a floodplain and the
consequent obstruction or increase in flow of floodwaters.
(7)
To protect the entire Township from individual uses of land which
may have effect upon subsequent expenditures for public works and
disaster relief and adversely affect the economic well-being of the
Township.
(8)
To maintain the undisturbed ecological balance between those natural
systems' elements, including wildlife, vegetation and marine life,
dependent upon watercourses and water areas.
(9)
To protect other municipalities within the same watershed from the
impact of improper development and the consequent increased potential
for flooding.
(10)
To provide areas for the deposition of flood-borne sediment.
A.
The Floodplain District is defined and established as those areas
of the Township subject to flooding as defined below:
(1)
Those areas of Upper Providence Township, classified as special flood
hazard areas (SFHAs) in the most recently published version of the
Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate
Maps (FIRMs), including all digital data developed as part of the
FIS, for the Township of Upper Providence, Montgomery County, Pennsylvania,
as prepared by the Federal Emergency Management Agency (FEMA), available
at the Township offices, and effective as of March 2, 2016. All referenced
FIS and FIRMs, and any subsequent revisions and amendments, are hereby
adopted by Upper Providence Township and declared to be part of this
chapter. The FIS and FIRM floodplain areas include the following specific
areas:
(a)
The Floodway Area/District shall be those areas identified in
the FIS and FIRM as floodway which represents the channel of a watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
by more than one foot at any point. This term shall also include floodway
areas which have been identified in other available studies or sources
of information for those special flood hazard areas where no floodway
has been identified in the FIS and FIRM.
[1]
Within any floodway area, no encroachments, including fill,
new construction, substantial improvements, or other development shall
be permitted unless it has been demonstrated through hydrologic and
hydraulic analysis performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge.
[2]
No new construction or development shall be allowed, unless
a permit is obtained from the Department of Environmental Protection
Regional Office.
(b)
The AE Area/District shall be those areas identified as an AE
Zone on the FIRM included in the FIS prepared by FEMA for which base
flood elevations have been provided.
[1]
The AE Area adjacent to the floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA for
which base flood elevations have been provided and a floodway has
been delineated.
[2]
AE Area without floodway shall be those areas identified as
an AE zone on the FIRM included in the FIS prepared by FEMA for which
base flood elevations (BFE) have been provided but no floodway has
been determined.
[a]
No permit shall be granted for any construction,
development, use, or activity within any AE Area/District without
floodway unless it is demonstrated that the cumulative effect of the
proposed development would not, together with all other existing and
anticipated development, increase the BFE more than one foot at any
point.
[b]
No new construction or development shall be located
within the area measured 50 feet landward from the top-of-bank of
any watercourse, unless the appropriate permit is obtained from the
Department of Environmental Protection Regional Office.
(c)
The A Area/District shall be the areas identified as an A Zone
on the FIRM included in the FIS prepared by FEMA and for which no
BFE has been provided. For these areas, elevation and floodway information
from other federal, state, or other acceptable source shall be used
when available. Where other acceptable information is not available,
the elevation shall be determined by using the elevation of a point
on the boundary of the Floodplain Conservation District which is nearest
the construction site. In lieu of the above, the municipality 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 municipality.
(d)
The AO and AH Area/District shall be those areas identified
as Zones AO and AH in the FIRM and in the FIS. These areas are subject
to inundation by one-percent annual chance shallow flooding where
average depths are between one foot and three feet. In Zones AO and
AH, drainage paths shall be established to guide floodwaters around
and away from structures on slopes.
(2)
Community-identified Flood Hazard Areas shall be those areas within
Upper Providence Township has identified local flood hazard or ponding
areas, as delineated and adopted on a local flood hazard map using
best available topographic data and locally derived information such
as flood of record, historic high-water marks, soils, or approximate
study methodologies.
(3)
Soils with a 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:
|
Bowmansville (Bo)
| |
|
Gilbraltar (Gc)
| |
|
Hatboro (Ha)
| |
|
Knauers (Bo)
| |
|
Rowland (Rt)
| |
|
Rowland (RwA)
| |
|
Rowland (RwB)
| |
|
Urban land occasionally flooded (UIA)
|
B.
Studies used to establish the boundaries shall be available in the
Township Municipal Building for reference.
C.
The data used in the studies referred to in Subsection A above shall be plotted on a map designated as the Upper Providence Township Floodplain Conservation District Map and shall be available to the public in the Township Municipal Building. Whenever there is a difference between the map and the data contained in the studies, the data contained in the studies shall determine the boundary of the district.
(1)
Floodplain limit modification requests shall be in accordance with
the following procedure:
(a)
Changes within the areas designated in the Federal Emergency
Management Agency (FEMA) study shall be changed in accordance with
FEMA regulations and approved by FEMA.
(b)
Changes which may be requested in relation to areas defined
by the Soil Survey of Montgomery County shall be as follows:
[1]
Confirmation of the soil type by any qualified agronomist or soil scientist certified by the Pennsylvania Association of Professional Soil Scientists. In no case shall the soil limits be less than that determined by the 100-year floodplain computations specified under Subsection C(1)(b)[2].
[Amended 3-15-2021 by Ord. No. 588]
[2]
Delineation of the one-hundred-year floodplain limits by a detailed
on-site survey, hydrologic and hydraulic design. This method would
also include any other material consideration necessary by the Township
to minimize damages which may be caused by storm drainage. Field data
and drainage computations must be approved by the Township.
(2)
The following items shall only apply to a floodplain which has been
defined by the soils classification:
(a)
Changes shall not modify the existing ground cover, contour
or terrain within the revised floodplain limits.
(b)
Buildings shall be set back a minimum of 20 feet from the revised
floodplain limits.
(c)
Changes to the district boundary as defined by the soils classification
shall not allow any structures to be located within the alluvial soil
area as shown in the Soil Survey of Montgomery County, 1967, unless
field testing indicates that such soil has been improperly classified
in accordance with the procedures outlined in this article.
(3)
The identified floodplain area may be revised or modified by the
Board of Supervisors where studies or information provided by a qualified
agency or person documents the need for such revision. However, prior
to any such change to the special flood hazard area, approval must
be obtained from FEMA. Additionally, as soon as practicable, but not
later than six months after the date such information becomes available,
a community shall notify FEMA of the changes to the special flood
hazard area by submitting technical or scientific data. See § 182.32L
for situations where FEMA notification is required.
D.
All subsequent boundary changes shall be indicated on the map if,
as, and when feasible.
E.
In lieu of the above, Upper Providence Township 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 Township.
F.
The Floodplain Conservation District shall be delineated according
to FEMA's Flood Insurance Rate Map (FIRM) for Upper Providence Township
which is hereby made a part of this article, and additional area based
on soils as described herein. The FIRM is available for inspection
at the Township office.
G.
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 Upper Providence Township unless a permit has
been obtained from the Floodplain Administrator.
H.
A permit shall not be required for minor repairs to existing buildings
or structures.
The following words and phrases within the Floodplain Conservation
District shall have the meanings given in this section, as follows:
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the
areas of special flood hazards and the risk premium zones applicable
to the community.
The official report provided by the Federal Insurance Administration
that includes flood profiles, the Flood Insurance Rate Map, the Flood
Boundary and Floodway Map, and the water surface elevation of the
base flood.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
A factor of safety of three feet above flood level for purposes
of floodplain management.
[Amended 8-15-2022 by Ord. No. 595]
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
or preliminarily determined by the Pennsylvania Historical and Museum
Commission (PHMC) as meeting the criteria for individual listing on
the National Register;
Certified or preliminarily determined by the Pennsylvania Historical
and Museum Commission (PHMC) as contributing to the historic significance
of a National Register historic district or a district preliminarily
determined by the PHMC to be eligible for listing in the National
Register; or
Designated as historic by a municipal ordinance either individually
or as part of a local historic district.
An umbrella term that includes all of the areas within which
the community has selected to enforce floodplain regulations. It will
always include the area identified as the special flood hazard area
on the Flood Insurance Rate Maps and Flood Insurance Study, but may
include additional areas identified by the community.
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant, partially enclosed area,
used solely for the parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such storage space is not
designed and built so that the structure is in violation of the applicable
nonelevation design requirements of this chapter.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of part
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
Structures for which the start of construction commenced
on or after the effective start date of this floodplain management
ordinance and includes any subsequent improvements to such structures.
Any construction started after July 3, 1978, and before the effective
start date of this floodplain management ordinance is subject to the
ordinance in effect at the time the permit was issued, provided the
start of construction was within 180 days of permit issuance.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
Is a structure for which construction or substantial improvement
occurred after December 31, 1974, or on or after the community's initial
Flood Insurance Rate Map (FIRM) dated July 3, 1978, whichever is later,
and, as such, would be required to be compliant with the regulations
of the National Flood Insurance Program.
Is a structure for which construction or substantial improvement
occurred on or before December 31, 1974, or before the community's
initial Flood Insurance Rate Map (FIRM) dated July 3, 1978, whichever
is later, and, as such, would not be required to be compliant with
the regulations of the National Flood Insurance Program.
A census tract or group of census tracts eligible for the
Montgomery County Revitalization Program and identified in an adopted
municipal revitalization plan.
The base flood elevation (BFE) or estimated flood height
as determined using simplified methods plus a freeboard safety factor
of 1 1/2 feet.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each flood event, on average, equals or exceeds 25% of
the market value of the structure before the damages occurred.
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-A30, AE, A99, or AH.
Includes the substantial improvement and other proposed new
development and the date the permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days from the date
of the permit and shall be completed within 12 months after the date
of issuance of the permit unless a time extension is granted, in writing,
by the Floodplain Administrator. The "actual start" means either the
first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation;
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets
and walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual start
of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage
or repetitive loss, as defined herein, regardless of the actual repair
work performed. The term does not, however, include any project for
improvement of a structure to correct existing violations of the state
or local health, sanitary, or safety code specifications which have
been identified by the local code enforcement official and which are
the minimum necessary to assure safe living conditions.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the Code adopted The International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the State floodplain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and the IBC.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4),
or (e)(5) is presumed to be in violation until such time as that documentation
is provided.
The Floodplain Conservation District shall be deemed an overlay
on any zoning district now or hereafter applicable to any lot.
A.
Should the Floodplain Conservation District be declared inapplicable
to any tract by reason of action of the Township Supervisors in amending
this chapter or the Zoning Officer, the Zoning Hearing Board or any
court of competent jurisdiction in interpreting the same or the Zoning
Hearing Board or any court of competent jurisdiction in determining
a legal effect of the same, the zoning applicable to such lot shall
be deemed to be the district in which it is located without consideration
of this district.
B.
Should the zoning of any parcel or any part thereof on which the
Floodplain Conservation District is located be changed through any
legislative or administrative actions or judicial discretion, such
change shall have no effect on the Floodplain Conservation District
unless such change was included as part of the original application.
C.
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 the article,
Ordinance, which shall remain in full force and effect, and for this
purpose the provisions of this chapter are hereby declared to be severable.
D.
This chapter supersedes any other conflicting provision 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 chapter, the more
restrictive shall apply.
A.
The Zoning Officer is hereby appointed to administer and enforce
this chapter and is referred to herein as the "Floodplain Administrator."
The Floodplain Administrator may:
(1)
Fulfill the duties and responsibilities set forth in these regulations,
(2)
Delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors, and
other employees; or
(3)
Enter into a written agreement or written contract with another
agency or private sector entity to administer specific provisions
of these regulations.
B.
Administration of any part of these regulations by another entity
shall not relieve the community of its responsibilities pursuant to
the participation requirements of the National Flood Insurance Program
as set forth in the Code of Federal Regulations at 44 CFR § 59.22.
In the absence of a designated Floodplain Administrator, the Floodplain
Administrator duties are to be fulfilled by the Township Manager.
C.
A permit issued by the Floodplain Administrator shall be required
before any construction of development is undertaken within any area
of Upper Providence Township.
(1)
A permit shall not be required for those repairs to existing
buildings or structures that are considered minor repairs by the Township's
Zoning Officer.
D.
Duties and responsibilities of the Floodplain Administrator.
(1)
The Floodplain Administrator shall issue a permit only after
it has been determined that the proposed work to be undertaken will
be in conformance with the requirements of this chapter and all other
applicable codes and ordinances.
(2)
Prior to the issuance of any permit, the Floodplain Administrator
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended[1]); the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended[2]); the Pennsylvania Clean Streams Act (Act 1937-394, as
amended[3]); and the United States Clean Water Act, Section 404,
33 U.S.C. § 1344. No permit shall be issued until this determination
has been made.
(3)
In the case of existing structures, prior to the issuance of
any development/permit, the Floodplain Administrator shall review
the history of repairs to the subject building, so that any repetitive
loss concerns can be addressed before the permit is issued.
(4)
During the construction period, the Floodplain Administrator
or other authorized official shall inspect the premises to determine
that the work is progressing in compliance with the information provided
on the permit application and with all applicable municipal laws and
ordinances. The Floodplain Administrator shall make as many inspections
during and upon completion of the work as are necessary.
(5)
In the discharge of his or her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises
or development in the identified floodplain area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this chapter.
(6)
In the event the Floodplain Administrator discovers that the
work does not comply with the permit application or any applicable
laws and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Floodplain Administrator shall revoke the permit
and report such fact to the Board of Supervisors for whatever action
it considers necessary.
(7)
The Floodplain Administrator shall maintain in perpetuity all
records associated with the requirements of this chapter, including,
but not limited to, finished construction elevation data, permitting,
inspection and enforcement.
(8)
The Floodplain Administrator is the official responsible for
submitting a biennial report to FEMA concerning community participation
in the National Flood Insurance Program.
(9)
The responsibility, authority and means to implement the commitments
of the Floodplain Administrator can be delegated from the person identified.
However, the ultimate responsibility lies with the person identified
in the floodplain ordinance as the Floodplain Administrator.
(10)
The Floodplain Administrator shall consider the requirements
of the 34 Pa. Code and the 2009 IBC and the 2009 IRC or latest revisions
thereof.
A.
Application for such a permit shall be made, in writing, to the Floodplain
Administrator on forms supplied by Upper Providence Township. Such
application shall contain the following:
(1)
Name and address of applicant.
(2)
Name and address of owner of land on which proposed construction
is to occur.
(3)
Name and address of contractor.
(4)
Site location, including address.
(5)
Listing of other permits required.
(6)
Brief description of proposed work and estimated cost, including
a breakout of flood-related cost and the market value of the building
before the flood damage occurred, where appropriate.
(7)
A plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings or structures.
B.
If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants for permits
shall provide all the necessary information in sufficient detail and
clarity to enable the Floodplain Administrator to determine that:
(1)
All such proposals are consistent with the need to minimize
flood damage and conform with the requirements of this and all other
applicable codes and ordinances;
(2)
All utilities and facilities, such as sewer, gas, electrical
and water systems are located and constructed to minimize or eliminate
flood damage;
(3)
Adequate drainage is provided so as to reduce exposure to flood
hazards;
(4)
Structures will be anchored to prevent flotation, collapse,
or lateral movement;
(5)
Building materials are flood-resistant;
(6)
Appropriate practices that minimize flood damage have been used;
and
(7)
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and located
to prevent water entry or accumulation.
C.
Applicants shall file the following minimum information plus any
other pertinent information as may be required by the Floodplain Administrator
to make the above determination:
(1)
A completed permit application form.
(2)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
(a)
North arrow, scale, and date;
(b)
Topographic contour lines, if available;
(c)
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development;
(d)
The location of all existing streets, drives, and other accessways;
and
(e)
The location of any existing bodies of water or watercourses,
identified floodplain areas and, if available, information pertaining
to the floodway, and the flow of water, including direction and velocities.
(3)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
(4)
The following data and documentation:
(a)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood; and Floodway Area when combined with all other
existing and anticipated development, will not increase the base flood
elevation at any point.
(b)
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
within an AE Area/District without floodway when combined with all
other existing and anticipated development, will not increase the
base flood elevation more than one foot at any point within the community.
(c)
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
impact and uplift forces associated with the base flood. Such statement
shall include a description of the type and extent of floodproofing
measures which have been incorporated into the design of the structure
and/or the development.
(d)
(e)
The appropriate component of the Department of Environmental
Protection's Planning Module for Land Development.
(f)
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection, to
implement and maintain erosion and sedimentation control.
(g)
Applications for permits shall be accompanied by a fee, payable
to the municipality based upon the estimated cost of the proposed
construction as determined by the Floodplain Administrator.
D.
Additional regulations.
(2)
Review of application by others. A copy of all plans and applications
for any proposed construction or development in any identified floodplain
area to be considered for approval may be submitted by the Floodplain
Administrator to any other appropriate agencies and/or individuals
(e.g., Planning Commission, Municipal Engineer, etc.) for review and
comment.
(3)
Changes. After the issuance of a permit by the Floodplain Administrator,
no changes of any kind shall be made to the application, permit or
any of the plans, specifications or other documents submitted with
the application without the written consent or approval of the Floodplain
Administrator. Requests for any such change shall be in writing, and
shall be submitted by the applicant to the Floodplain Administrator
for consideration.
(4)
Placards. In addition to the permit, the Floodplain Administrator
shall issue a placard which shall be displayed on the premises during
the time construction is in progress. This placard shall show the
number of the permit, the date of its issuance, and be signed by the
Floodplain Administrator.
(5)
Start of construction.
(a)
Work on the proposed construction or development shall begin
within 180 days after the date of issuance of the development permit.
Work shall also be completed within 12 months after the date of issuance
of the permit, or the permit shall expire unless a time extension
is granted, in writing, by the Floodplain Administrator. The issuance
of development permit does not refer to the zoning approval.
(b)
The "actual start of construction" means either the first placement
of permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading, and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
(c)
Time extensions shall be granted only if a written request is
submitted by the applicant, who sets forth sufficient and reasonable
cause for the Floodplain Administrator to approve such a request and
the original permit is compliant with the ordinance and FIRM/FIS in
effect at the time the extension is granted.
A.
Enforcement.
(1)
Notices. Whenever the Floodplain Administrator or other authorized
municipal representative determines that there are reasonable grounds
to believe that there has been a violation of any provisions of this
chapter, or of any regulations adopted pursuant thereto, the Floodplain
Administrator shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
(a)
Be in writing;
(b)
Include a statement of the reasons for its issuance;
(c)
Allow a reasonable time not to exceed a period of 30 days for
the performance of any act it requires;
(d)
Be served upon the property owner or his agent as the case may
require; provided, however, that such notice or order shall be deemed
to have been properly served upon such owner or agent when a copy
thereof has been served with such notice by any other method authorized
or required by the laws of the Commonwealth of Pennsylvania;
(e)
Contain an outline of remedial actions which, if taken, will
effect compliance with the provisions of this chapter.
(2)
Penalties. Any person who fails to comply with any or all of
the requirements or provisions of this chapter or who fails or refuses
to comply with any notice, order of direction of the Floodplain Administrator
or any other authorized employee of the municipality shall be guilty
of a misdemeanor and upon conviction shall pay a fine to Upper Providence
Township, of not less than $25 nor more than $600 plus costs of prosecution.
In addition to the above penalties all other actions are hereby reserved,
including an action in equity for the proper enforcement of this chapter.
The imposition of a fine or penalty for any violation of, or noncompliance
with, this chapter shall not excuse the violation or noncompliance
or permit it to continue. All such persons shall be required to correct
or remedy such violations and noncompliance within a reasonable time.
Any development initiated or any structure or building constructed,
reconstructed, enlarged, altered, or relocated, in noncompliance with
this chapter may be declared by the Board of Supervisors to be a public
nuisance and abatable as such.
B.
Appeals.
(1)
Any person aggrieved by any action or decision of the Floodplain
Administrator concerning the administration of the provisions of this
chapter may appeal to the Zoning Hearing Board. Such appeal must be
filed, in writing, within 30 days after the decision, determination
or action of the Floodplain Administrator.
(2)
Upon receipt of such appeal the Zoning Hearing Board shall consider
the appeal in accordance with the Municipalities Planning Code and
any other local ordinance.
A.
The following uses and no other will be permitted in a Floodplain
Conservation District:
(1)
The cultivation and harvesting of crops in accordance with the recognized
soil conservation practices.
(2)
Pasture and grazing land in accordance with recognized soil conservation
practices.
(3)
An outdoor plant nursery or orchard in accordance with recognized
soil conservation practices.
(4)
A wildlife sanctuary, woodland preserve or arboretum and passive
recreation or parks, including hiking, bicycle and bridle trails,
but including no facilities subject to damage by flooding.
(5)
Forestry, lumbering and reforestation in accordance with recognized
natural resource conservation practices, but permitting no structures.
(6)
Utility transmission lines.
(7)
Sealed public water supply wells, with the approval of the Township
Engineer.
(8)
Sanitary sewers, with the approval of the Township Engineer.
(9)
Required lot area for any district, provided that such area shall
not be used for on-lot sewage disposal or for nonwire fences or any
other structure.
(9.1)
Paved roads, driveways and parking lots, when required
by the regulations for the district applicable to the lot, without
consideration of this district, provided that:
(a)
In the case of roads and driveways, no such facilities shall
be permitted if alternative alignments are feasible.
(b)
In the case of parking facilities, no such facility shall be
permitted unless adequate signage is erected identifying the area
as flood prone and warning motorists not to park in that area during
large storm events or satisfactory evidence is submitted demonstrating
that such parking will not be utilized during periods of flood flow,
thus posing no threat to the safety of the vehicles, their users and/or
downstream properties. Temporary parking for periods not to exceed
one hour and/or parking for recreation uses would be examples of exceptions
of parking not to be utilized in periods of flood flow.
(9.2)
Outlet installations for sewage treatment plants
and sewage pumping stations, with the approval of the Township Engineer
and appropriate sewer authorities, and provided that the impact on
flood levels during a one-hundred-year storm event are within the
limits established by the Federal Emergency Management Agency (FEMA).
(10)
The following uses are permitted only in Floodplain Conservation Districts defined and established pursuant to § 182-26A:
(a)
(Reserved)
(b)
Storm sewers, if approved by the Township Engineer and subject
to the floodproofing regulations in applicable ordinances.
(c)
Water detention or impoundment basins, if approved by the Township
Engineer and subject to the floodproofing regulations in applicable
ordinances, provided that the runoff at a storm frequency of 100 years,
assuming full development of the area under existing zoning, is less
than 75 cubic feet per second.
The following uses shall be specifically prohibited in a Floodplain
Conservation District:
A.
All freestanding structures, buildings, and retaining walls.
B.
Detention or erosion control basins, storm drainage systems, pipes,
culverts, bridges and the relocation of any watercourse unless approved
by the Board of Supervisors of Upper Providence Township, which shall
first have received favorable acceptance from the Township Planning
Commission, Township Engineer and Montgomery County Conservation District.
All required permits or approvals must be obtained from the Pennsylvania
Department of Environmental Protection, Bureau of Dams, Waterways
and Wetlands. FEMA and the Pennsylvania Department of Conservation
and Natural Resources shall be notified prior to any alteration or
relocation of any watercourse. All improvements within the FEMA area
must receive approval from FEMA and all adjacent communities, and
the Pennsylvania Department of Conservation and Natural Resources
must be contacted prior to the construction of any of the improvements.
Copies of such notification shall be sent to FEMA. The flood-carrying
capacity within the altered or relocated watercourse shall be maintained.
C.
Sanitary landfills, dumps, junkyards and the outdoor storage of vehicles
and/or materials.
D.
On-site sewage disposal systems or subsurface sewage disposal areas.
E.
Private water supply wells.
F.
The construction, enlargement or expansion of manufactured homes,
manufactured home parks, and manufactured home subdivisions. This
includes the construction or expansion of mobile homes, mobile home
parks and mobile home subdivisions.
G.
The construction, enlargement or expansion of hospitals (public or
private).
H.
The construction, enlargement or expansion of nursing homes (public
or private).
I.
The construction, enlargement or expansion of jails or prisons.
J.
The construction, enlargement or expansion of any structure which
would be used for the production, storage or maintenance of a supply
of the following toxic chemicals which are dangerous to human life:
acetone, ammonia, benzine, calcium carbide, carbon disulfide, celluloid,
chlorine, hydrochloric acid, hydrocyanic acid, magnesium, nitric acid
and oxides of nitrogen, petroleum products (gasoline, fuel oil, etc.),
phosphorus, potassium, sodium, sulphur and sulphur products, pesticides
(including, without limitation, insecticides, fungicides and rodenticides),
radioactive substances insofar as such substances are not otherwise
regulated, and any other dangerous materials or substances regulated
by the appropriate federal or state agencies.
K.
The grading or regrading of lands within the floodway, including
the deposit of topsoil or any other fill material and the grading
thereof, and the construction of retaining walls.
L.
Fully or partially enclosed space below the first floor (including
basement) shall be prohibited in any structure in the floodplain.
M.
Sod farming.
N.
Clearing of all existing vegetation, except where such clearing is
necessary to prepare land for a use permitted under the Floodplain
Conservation District, herein, and where the effects of these actions
are mitigated by adequate reestablishment of vegetation.
O.
New construction of buildings or placement of fill within the one-hundred-year
floodplain is prohibited.
P.
Stormwater basins, including necessary berms and outfall facilities.
Q.
Parking lots.
R.
Roads or driveways, except where permitted as corridor crossings in compliance with § 182-28, herein.
S.
Motor or wheeled vehicle traffic in any area not designed to accommodate
adequately the type and volume.
T.
Recreational vehicles.
The following provisions shall apply whenever any improvement
is made to an existing structure located within any Floodplain Conservation
District:
A.
No expansion or enlargement of an existing structure shall be allowed
within any floodway area that would cause any increase in the elevation
of the base flood elevation.
B.
No expansion or enlargement of an existing structure shall be undertaken
in the direction of the streambank.
C.
Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure, to an extent or amount of 50% or more
of its market value, shall constitute a substantial improvement and
shall be undertaken only in full compliance with the provisions of
this chapter.
D.
Historic structures undergoing repair or rehabilitation that would
constitute a substantial improvement as defined in this chapter must
comply with all ordinance requirements that do not preclude the structure's
continued designation as an historic structure. Documentation that
a specific ordinance requirement will cause removal of the structure
from the National Register of Historic Places or the State Inventory
of Historic Places must be obtained by the Secretary of the Interior
or the State Historic Preservation Officer. Any exemption from the
ordinance requirements will be the minimum necessary to preserve the
historic character and design of the structure.
E.
Any modification, alteration, reconstruction, or improvement of any
kind that meets the definition of "repetitive loss" shall be undertaken
only in full compliance with the provisions of this chapter.
F.
No expansion or enlargement of an existing structure shall be allowed
within any AE Area/District with floodway that would, together with
all other existing and anticipated development, increase the base
flood elevation more than one foot at any point.
G.
The above activity shall also address the requirements of the 34
Pa. Code, as amended, and the 2009 IBC and the 2009 IRC.
A.
Residential structures.
(1)
In AE, A1-30, and AH Zones, any new construction or substantial
improvement shall have the lowest floor (including basement) elevated
up to, or above, the regulatory flood elevation. The design and construction
standards and specifications contained in the 2009 International Building
Code (IBC) and in the 2009 International Residential Code (IRC) or
the most recent revisions thereof and ASCE 24 and 34 Pa. Code (Chapters
401 through 405, as amended) shall be used.
(2)
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with § 182-26A(1)(c) of this chapter.
(3)
In AO Zones, any new construction or substantial improvement
shall have the lowest floor (including basement) at or above the highest
adjacent grade at least as high as the depth number specified on the
FIRM.
(4)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the most recent revisions thereof and ASCE
24 and 34 Pa. Code (Chapters 401 through 405, as amended) shall be
utilized.
B.
Nonresidential structures.
(1)
In AE, A1-30 and AH Zones, any new construction or substantial
improvement of a nonresidential structure shall have the lowest floor
(including basement) elevated up to, or above, the regulatory flood
elevation, or be designed and constructed so that the space enclosed
below the regulatory flood elevation:
(2)
In A Zones, where no base flood elevations are specified on
the FIRM, any new construction or substantial improvement shall have
the lowest floor (including basement) elevated or completely floodproofed
up to, or above, the regulatory flood elevation determined in accordance
with this chapter.
(3)
In AO Zones, any new construction or substantial improvement
shall have its lowest floor elevated or completely floodproofed above
the highest adjacent grade to at least as high as the depth number
specified on the FIRM.
(4)
Any nonresidential structure, or part thereof, made watertight
below the regulatory flood elevation shall be floodproofed in accordance
with the W1 or W2 space classification standards contained in the
publication entitled "Flood-Proofing Regulations" published by the
United States Army Corps of Engineers (June 1972, as amended March
1992) or with some other equivalent standard. All plans and specifications
for such floodproofing shall be accompanied by a statement certified
by a registered professional engineer or architect which states that
the proposed design and methods of construction are in conformance
with the above-referenced standards.
(5)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the most recent revisions thereof and ASCE
24 and 34 Pa. Code (Chapters 401 through 405, as amended) shall be
used.
C.
Space below the lowest floor.
(1)
Fully enclosed space below the lowest floor (excluding basements)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement, shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "fully enclosed space" also includes crawl spaces.
(2)
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect, or meet or exceed
the following minimum criteria:
(a)
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
(b)
The bottom of all openings shall be no higher than one foot
above grade.
(c)
Openings may be equipped with screens, louvers, etc., or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
D.
Accessory structure.
(1)
Structures accessory to a principal building need not be elevated
or floodproofed to remain dry, but shall comply, at a minimum, with
the following requirements:
(a)
The structure shall not be designed or used for human habitation,
but shall be limited to the parking of vehicles, or to the storage
of tools, material, and equipment related to the principal use or
activity.
(b)
Floor area shall not exceed 100 square feet.
(c)
The structure will have a low damage potential.
(d)
The structure will be located on the site so as to cause the
least obstruction to the flow of floodwaters.
(e)
Power lines, wiring, and outlets will be elevated to the regulatory
flood elevation.
(f)
Permanently affixed utility equipment and appliances such as
furnaces, heaters, washers, dryers, etc., are prohibited.
(g)
Sanitary facilities are prohibited.
(h)
The structure shall be adequately anchored to prevent flotation
or movement and shall be designed to automatically provide for the
entry and exit of floodwater for the purpose of equalizing hydrostatic
forces on the walls. Designs for meeting this requirement must either
be certified by a registered professional engineer or architect, or
meet or exceed the following minimum criteria:
[1]
A minimum of two openings having a net total area
of not less than one square inch for every square foot of enclosed
space.
[2]
The bottom of all openings shall be no higher than
one foot above grade.
[3]
Openings may be equipped with screens, louvers,
etc., or other coverings or devices, provided that they permit the
automatic entry and exit of floodwaters.
E.
Water and sanitary sewer facilities and systems.
(1)
All new or replacement water supply and sanitary sewer facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damage and the infiltration of floodwaters.
(2)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(3)
No part of any on-site waste disposal system shall be located
within any identified floodplain area except in strict compliance
with all state and local regulations for such systems. If any such
system is permitted, it shall be located so as to avoid impairment
to it, or contamination from it, during a flood.
(4)
The design and construction provisions of the UCC and FEMA #348,
Protecting Building Utilities from Flood Damages and The International
Private Sewage Disposal Code shall be utilized.
F.
Anchoring.
(1)
All recreational vehicles, buildings and structures shall be
firmly anchored in accordance with accepted engineering practices
to prevent flotation, collapse, or lateral movement.
(2)
All air ducts, large pipes, storage tanks, and similar objects
or components located below the regulatory flood elevation shall be
securely anchored or affixed to prevent flotation.
The following list of uses shall require a special exception when the proposed use is located within the Floodplain Conservation District, as defined in § 182-26A herein. The use may be allowed or denied by the Zoning Hearing Board after recommendations by the Township Planning Commission, pursuant to the standards set forth in these regulations:
A.
A game farm, fish hatchery or hunting and fishing preserve for the
protection or propagation of wildlife, but permitting no structures.
B.
A commercial recreation use, whether open to the public or restricted
to private membership, such as parks, camps, picnic areas, golf courses
or fishing, sport or boating clubs, not to include enclosed structures
excepting toilet facilities, but permitting piers, docks, floats or
shelters usually found in developed outdoor recreation areas. Any
toilet facilities provided shall be connected to public water and
sewage systems and subject to the floodproofing regulations in applicable
ordinances.
C.
The grading or regrading of lands located in areas described by § 182-26A(1)(b), (c) and (3) herein, and the construction of retaining walls shall be performed in accordance with all of the following, unless any specific criterion is determined to be inapplicable by the Zoning Hearing Board:
(1)
The applicant must provide a road impact analysis of the existing
roads leading to the site. The road impact analysis must document
the existing condition of all existing roads that will be used by
trucks and other vehicles and equipment used to haul the fill material
to the fill site and for the grading thereof. This documentation must
include a written report, as well as an existing conditions video,
and this documentation must be in a form satisfactory to the Township
Engineer. Prior to the commencement of fill/grading activities, the
applicant must provide an escrow to the Township sufficient to ensure
the repair of all damage to the existing roads.
(2)
Operation at the site shall be restricted to the hours from 7:00
a.m. to 5:00 p.m., Monday through Friday, and from 9:00 a.m. to 4:00
p.m. on Saturdays. No operation on the site shall be performed on
Sundays.
(3)
The applicant will be required to control noise levels at the site
to Township-required levels.
(4)
The applicant must obtain approval of an erosion and sedimentation
control plan for the fill site from the Montgomery County Conservation
District. The applicant will be required to implement and maintain
the approved erosion and sedimentation control plan for the project
site at all times.
(5)
The applicant must obtain approval for the filling and grading of
areas designated as floodplains from the Pennsylvania Department of
Environmental Protection (DEP) as a prerequisite to the Township's
grant of a special exception.
(6)
The applicant must perform a wetland investigation of the project
site as a prerequisite to the Township's grant of a special exception
and prior to the commencement of any fill operation. The applicant
shall submit a report to the Township certifying that no wetlands
are present in the proposed fill area. If wetlands are present, the
applicant must provide to the Township copies of all permits allowing
the filling of the wetland or waters of the United States from all
applicable agencies having jurisdiction over wetlands or waters of
the United States as a prerequisite to the Township's grant of a special
exception.
(7)
As a prerequisite to the Township's grant of a special exception,
the applicant must submit detailed floodplain calculations to the
Township Engineer demonstrating that the postfill condition of the
floodplain will not adversely impact the flood levels during a one-hundred-year
storm event and are within the limits established by FEMA. Such calculations
shall be in a form satisfactory to the Township Engineer.
(8)
The applicant must make application to and obtain from FEMA a conditional
letter of map revision (CLOMR) as a prerequisite to the Township's
grant of a special exception. The applicant shall supplement this
application with an as-built plan confirming the actual map revision
to FEMA within 30 days after the site has been stabilized.
(9)
The duration of the filling/grading operation shall not exceed six
months; however, if the Township Engineer determines that special
circumstances exist, the time frame may be extended for a period of
time deemed appropriate by the Township Engineer, but in no event
shall the time period exceed 12 months.
(10)
The applicant shall make application to Upper Providence Township for a grading permit in accordance with the Code of the Township of Upper Providence, Chapter 99, Grading, Excavating and Filling, as part of the special exception application. The Township Engineer shall not issue a grading permit unless the applicant has first obtained a special exception to allow the proposed grading.
D.
All subdivision proposals and development proposals containing at
least 50 lots or at least five acres, whichever is lesser, in identified
floodplain areas where BFE data are not available, shall be supported
by hydrologic and hydraulic engineering analyses that determine base
flood elevations and floodway information. The analyses shall be prepared
by a licensed professional engineer in a format supported by FEMA
for a conditional letter of map revision and letter of map revision.
Submittal requirements and processing fees shall be the responsibility
of the applicant.
E.
Other uses similar to those above.
A.
In a floodplain as defined in § 182-26 herein, a zoning permit shall be required for any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of mobile homes, streets and other paving, utilities, mining, dredging, filling, grading, the storage of materials and equipment, excavating or drilling operations. Applications for a zoning permit shall be filed with the Zoning Officer, who shall make an initial determination on the application. For a use other than those permitted in § 182-28, an application seeking approval of a special exception or variance shall be forwarded to the Zoning Hearing Board for all requests subject to § 182-26A(1) and (2) and to the Board of Supervisors for all requests subject to § 182-26A(3). All requests shall be forwarded with the required studies or information and the findings of the Zoning Officer.
B.
The application for all use requests shall be accompanied by the
following:
(1)
Detailed engineering studies indicating the effects on drainage and
streams on all adjacent properties as well as the property in question.
(2)
An application for amending the boundaries of the Floodplain Conservation
District if the boundaries will be affected by the proposed special
exception or use by variance.
(3)
A review of a soil erosion and sedimentation control plan by the
Soil Conservation Service. The results of said review and any recommendations
of the Soil Conservation Service shall be considered by the Zoning
Officer in his decision concerning the issuance of a zoning permit.
C.
Upon receipt of an application for a zoning permit in a floodplain,
the Zoning Officer shall request the review and recommendations of
the Upper Providence Township Planning Commission. Said review and
any recommendations therefrom shall be considered by the Zoning Officer
in the issuance and/or conditions of said permit.
D.
A permit shall not be required for those repairs to existing buildings
or structures that are considered minor repairs by the Township's
Zoning Officer.
If compliance with any of the requirements of this chapter would result in an exceptional hardship to a prospective builder, developer, or landowner, Upper Providence Township may, upon request, grant relief from the strict application of the requirements. All applications for approval of special exceptions or variances shall be considered using standards listed in § 182-32.
A.
The Zoning Hearing Board shall hold a public hearing within 60 days
after an application is filed pursuant to public notice.
B.
Prior to submission of an application for special exception or variance
to the Zoning Hearing Board, the applicant shall submit a soil erosion
and sedimentation control plan to the Soil Conservation Service for
review. The results of said review and any recommendations of the
Soil Conservation Service shall be submitted as part of said application.
C.
The Zoning Officer shall request, upon receipt of an application
to the Zoning Hearing Board, the review and recommendations of the
Upper Providence Township Planning Commission. Said review and any
recommendations therefrom shall be forwarded to the Board of Supervisors
for any appropriate action.
D.
The Zoning Hearing Board may request the review and recommendation
of technical agencies or appropriate planning agencies to assist in
determining the impact of the proposed use. Any such review shall
be requested at least 30 days prior to the public hearing.
E.
The Zoning Hearing Board shall render a decision within 45 days after
the public hearing. In rendering a decision, the Zoning Hearing Board
may impose special measures or conditions as deemed necessary and
appropriate for the use to conform to the intent of the chapter.
The Zoning Hearing Board shall exercise discretion in allowing only those uses which are substantially in accord with the stated objectives in § 182-25 herein. The Zoning Hearing Board, in considering special exceptions or variance applications, shall consider the following:
A.
The effect of the use shall not substantially alter the cross-section
profile of the stream and floodplains at the location of the proposed
use.
B.
Lands abutting the waterway, both upstream and downstream, shall
not be unreasonably affected by the proposed use.
C.
The general welfare or public interest of Upper Providence Township
or of other municipalities in the same watershed shall not be adversely
affected.
D.
Any new structures permitted by special exception or by variance shall be constructed and placed on the lot so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwaters. Such structures shall be elevated in accordance with the provisions contained in § 182-28.3, Elevation and Floodproofing Requirements, within this chapter.
E.
Any new structure permitted as a special exception or by variance shall be floodproofed in accordance with the provisions contained in § 182-28.3, Elevation and Floodproofing Requirements, within this chapter.
(1)
All such structures shall be firmly anchored in accordance with accepted
engineering practices to prevent flotation, collapse or lateral movement.
(2)
All such structures shall be constructed so as to prevent the entrance
of floodwaters into the water supply and waste treatment systems as
well as other utility and facility systems. In addition, waste treatment
systems shall be designed to minimize or eliminate discharges from
the systems into the floodwaters.
F.
Any additions to existing structures permitted as a special exception or by variance shall be elevated to the greatest extent possible according to the provisions contained in § 182-28.3, Flood Damage Prevention, of this chapter. However, any portion of the structure not so elevated shall be floodproofed, also in accordance with § 182-28.3, Elevation and Floodproofing Requirements, within this chapter.
G.
An affirmative decision shall not be issued by the Zoning Hearing
Board for an application within the designated floodway unless the
effect of such proposed activity on flood heights is fully offset
by accompanying stream improvements.
H.
The Zoning Hearing Board shall notify the applicant in writing, over the signature of community officials, that the issuance of a decision to allow construction of a structure below the base flood elevation will result in increased premium rates for flood insurance and that such construction below the base flood elevation increases risk to life and property. Such notification shall be maintained with a record of all decisions as required in Subsection I below.
K.
Within any FA floodplain areas, no new construction or development
shall be located within the area measured 50 feet landward from the
top of bank of any watercourse.
L.
In granting any variance Upper Providence Township shall attach the
following technical provisions to the proposal for which the variance
has been granted. These conditions and safeguards are necessary in
order to protect public health, safety, and welfare of the residents
of this municipality.
(1)
Pertaining to the alteration or relocation of a watercourse:
(a)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by the municipality,
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection Regional Office.
(b)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse unless it can be shown that the activity
will not reduce or impede the flood-carrying capacity of the watercourse
in any way.
(c)
In addition, FEMA and the Pennsylvania Department of Community
and Economic Development shall be notified prior to any alteration
or relocation of any watercourse.
(2)
The municipality shall require technical or scientific data to be
submitted to FEMA for a letter of map revision (LOMR) within six months
of the completion of any new construction, development, or other activities
resulting in changes in the base flood elevation. A LOMR or conditional
letter of map revision (CLOMR) is required for:
(a)
Any development that causes a rise in the base flood elevations
within the floodway;
(b)
Any development occurring in an AE Area/Zone without a designated
floodway, which will cause a rise of more than one foot in the base
flood elevation; or
(c)
Alteration or relocation of a stream (including but not limited
to installing culverts and bridges.)
(3)
Any new construction, development, uses or activities allowed by
variance within any Floodplain Conservation District shall be undertaken
in strict compliance with the provisions contained in this chapter
and any other applicable codes, ordinances, and regulations. In addition,
when such development is proposed within the area measured 50 feet
landward from the top of bank of any watercourse, a permit shall be
obtained from the Department of Environmental Protection Regional
Office.
(4)
Where permitted by variance within any identified floodplain area, any new or substantially improved nonresidential structure shall be built in accordance with § 182-28.3, including:
(a)
Elevated, or designed and constructed to remain completely dry
up to at least 1 1/2 feet above base flood elevation; and
(b)
Designed to prevent pollution from the structure or activity
during the course of a base flood.
(c)
Any such structure, or part thereof, that will be built below
the regulatory flood elevation shall be designed and constructed in
accordance with the standards for completely dry floodproofing contained
in the publication Flood-Proofing Regulations (United States Army
Corps of Engineers, June 1972 as amended March 1992), or with some
other equivalent watertight standard.
(5)
If a variance for a recreational vehicle is granted, the following
shall apply:
A property owner of a lot of record, as of the date of the enactment
of this article, who is able to prove that the strict enforcement
of this article would create undue hardship by denying a reasonable
use of an existing lot which is situated either wholly or partially
in the Floodplain Conservation District, may seek relief by applying
for a variance from the Zoning Hearing Board.
A.
The Zoning Hearing Board, after deciding upon the merits of the application, may permit the applicant to make some reasonable use of the property in question, while ensuring that such use will not violate the basic objectives of this district as specified in § 182-25 herein.
B.
In considering a use as a variance, the Zoning Hearing Board shall consider those standards outlined in § 182-32 herein.
C.
Requests for variances shall be considered by the Zoning Hearing
Board in accordance with the following:
(1)
Affirmative decisions shall only be issued by the Zoning Hearing
Board upon:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant the appeal would result
in exceptional hardship to the applicant; and
(c)
A determination that the granting of an appeal will not result
in increased flood heights, additional threats to public safety or
extraordinary public expense or create nuisances, cause fraud on or
victimization of the public or conflict with existing local laws or
ordinances.
(2)
Affirmative decisions shall only be issued upon determination that
it is the minimum necessary, considering the flood hazard, to provide
relief.
D.
Should any variances be issued to permit fully or partially enclosed
spaces below the lowest floor (including basement) for a structure
in the floodplain, the design requirements of Section 60.3(d) of the
National Flood Insurance Program shall be enforced.
A.
Should a dispute concerning any identified floodplain boundary area
arise, an initial determination shall be made by Upper Providence
Township, and any party aggrieved by this decision or determination
may appeal to the Township Zoning Hearing Board. The burden of proof
shall be on the applicant.
B.
Any party aggrieved by the decision of the Zoning Officer as to the boundaries of the Floodplain Conservation District as defined above, which may include the grounds that said map referred to therein is or has become incorrect because of changes due to natural or other causes or changes indicated by future detailed hydrologic and hydraulic studies, may appeal to the Zoning Hearing Board as provided in Article XIV of this chapter and §§ 182-31, 182-32 and 182-33 herein. The burden of proof in such an appeal shall be on the appellant.
C.
Insofar as various natural conditions, including the Floodplain Conservation
District as herein defined, may change, such changes may be validated
by detailed on-site survey techniques approved by the United States
Army Corps of Engineers, Philadelphia District. Whether a proposed
use is within the Floodplain Conservation District shown on the Floodplain
Conservation District Map shall, upon appeal from the decision of
the Zoning Officer, be determined by the Zoning Hearing Board upon
receipt of the findings of the detailed on-site survey by the petitioner.
The Zoning Hearing Board, in addition to other evidence and standards,
may consider the recommendations of the Township Planning Commission
and the validation of the United States Army Corps of Engineers, Philadelphia
District, and/or other municipal agencies.
D.
The Zoning Hearing Board shall request a review and recommendation
of the Soil Conservation Service at least 30 days prior to the public
hearing.
E.
All changes to the boundaries of the Floodplain Conservation District
are subject to the review and approval of the Federal Insurance Administrator.
Following the adoption of this article, any use or structure which is situated within the boundaries of the Floodplain Conservation District and which does not conform to the permitted uses specified in § 182-28 herein shall become a nonconforming use or structure, regardless of its conformance to the district in which it is located, without consideration of this article.
A.
The expansion or continuance of nonconforming use or structure which is nonconforming with respect to the district in which it is located, without consideration of this article, shall be governed by the requirements of Article XXI of this chapter. However, the Zoning Hearing Board shall ensure that the standards contained in § 182-32 herein are applied to the expansion or continuance of said nonconforming use or structure.
B.
The expansion or continuance of a nonconforming use or structure which is rendered nonconforming by the adoption of this district shall be governed by the standards contained in § 182-32 herein. The Zoning Hearing Board shall ensure that these standards are enforced with respect to said nonconforming use or structure.
Structures located within the floodplain may be rebuilt if destroyed
by fire or other catastrophe, provided that the reconstruction will
not result in an increase in the base flood elevation, as referenced
in the Flood Insurance Study, Township of Upper Providence. Such reconstruction
must be in compliance with the floodproofing or elevation requirements
of this article.
A.
The grant of a zoning permit or approval of a subdivision plan in
the Floodplain Conservation District shall not constitute a representation,
guarantee or warranty of any kind by the Township or by any official
or employee thereof of the practicability or safety of the proposed
use and shall create no liability upon the Township or its officials
or employees.
B.
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 any identified floodplain areas, or that land uses
permitted within such areas, will be free from flooding or flood damages.
C.
This chapter shall not create liability on the part of Upper Providence
Township or any officer or employee thereof for any flood damages
that result from reliance on this chapter or any administrative decision
lawfully made thereunder.
This chapter 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 chapter, the
more restrictive shall apply.
