[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, § 300-2, 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
100-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 § 300-115L 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 and Mitigation 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 and
Mitigation 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 three feet.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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); the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394,
as amended[1]); 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.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.; 32 P.S.
§ 693.1 et seq.; and 35 P.S. § 691.1 et seq.,
respectively.
(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.
(1)
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.[1]
[1]
Editor's Note: Original § 182-27.2D(1) of the 1990
Code, regarding review by County Conservation District, which immediately
preceded this subsection, was repealed 8-15-2022 by Ord. No. 595.
(2)
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.
(3)
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.
(4)
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 article 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 article.
The imposition of a fine or penalty for any violation of, or noncompliance
with, this article 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 article may be declared by the Board of Supervisors to be a public
nuisance and abatable as such.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
(10)
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.
(11)
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 100-year storm event are
within the limits established by the Federal Emergency Management
Agency (FEMA).
(12)
The following uses are permitted only in Floodplain Conservation Districts defined and established pursuant to § 300-102A:
(a)
Storm sewers, if approved
by the Township Engineer and subject to the floodproofing regulations
in applicable ordinances.
(b)
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 100-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 § 300-108, 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 § 300-102A(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 § 300-102A 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 § 300-102A(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 100-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 178, Grading and Excavation, 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 § 300-102 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 § 300-108, an application seeking approval of a special exception or variance shall be forwarded to the Zoning Hearing Board for all requests subject to § 300-102A(1) and (2) and to the Board of Supervisors for all requests subject to § 300-102A(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 Natural Resources Conservation
Service. The results of said review and any recommendations of the
Natural Resources 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 § 300-115.
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 Natural Resources Conservation Service for review. The results
of said review and any recommendations of the Natural Resources 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 § 300-101 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 § 300-111, 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 § 300-111, 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 § 300-111 of this chapter. However, any portion of the structure not so elevated shall be floodproofed, also in accordance with § 300-111, 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 Emergency Management Agency 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 § 300-111, 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 § 300-101 herein.
B.
In considering a use as a variance, the Zoning Hearing Board shall consider those standards outlined in § 300-115 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 II of this chapter and §§ 300-114, 300-115 and 300-116 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 Natural Resources 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 § 300-108 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 III of this chapter. However, the Zoning Hearing Board shall ensure that the standards contained in § 300-115 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 § 300-115 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.
