The specific intent of the regulations of the
Floodplain Conservation District is to protect areas of floodplain
subject to and necessary for the containment of floodwaters, in order
to promote the public health, safety and welfare. The following shall
be the specific objectives of the Floodplain Conservation District:
A.
To prevent the erection of structures in areas unfit
for human usage by reason of danger from flooding, unsanitary conditions
or other hazards.
B.
To minimize danger to public health by protecting
the quality and quantity of surface and subsurface water supplies
and promoting safe and sanitary drainage.
C.
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.
D.
To protect those individuals who might choose, despite
the flood dangers, to develop or occupy land on a floodplain, having
received relief under the provisions of this chapter.
E.
To protect adjacent landowners and those both upstream
and downstream from damages resulting from development within the
floodplain and the consequent obstruction or increase in flow of floodwaters.
F.
To reduce the financial burdens imposed upon the Township,
its governmental units and its individuals by frequent and periodic
floods.
G.
To require that permitted uses vulnerable to floods
be developed so as to be protected from flood damage in accordance
with the requirements of the Federal Flood Insurance Program, P.L.
93-234, and the Pennsylvania Floodplain Management Act, P.L. 166,[1] and any subsequent amendments thereto.
[1]
Editor's Note: See 32 P.S. § 679.101
et seq.
H.
To maintain undisturbed the ecological balance between
elements of natural systems, including wildlife and vegetation, that
are dependent upon watercourses and adjacent land areas.
I.
To protect other municipalities within the same watershed
from the impact of improper development and the consequent increased
potential for flooding.
J.
To provide areas for the deposition of flood-borne
sediment.
The Floodplain Conservation District is defined
as those areas of the Township subject to flooding as defined in Subsections
A and B of this section. Where the Flood Insurance Study does not
extend along a waterway, the regulations of Subsection A shall apply.
A.
Those areas subject to inundation by the waters of
the one-hundred-year flood as delineated in the Flood Insurance Study
for the Township of Lower Providence, as prepared by the Federal Emergency
Management Agency (FEMA), effective December 19, 1996, or the most
recent revisions thereof. Said floodplain shall be comprised of three
subdistricts as follows:
(1)
Floodway (FW). That portion of the Floodplain Conservation
District required to carry and discharge the waters of the one-hundred-year
flood without increasing the water surface elevation at any point
more than one foot above existing conditions, as demonstrated in the
Flood Insurance Study referenced above. The term shall also include
floodway areas which have been identified in other available studies
or sources of information for those floodplain areas where no floodway
has been identified in the Flood Insurance Study.
(2)
Floodway fringe (FF). Those portions of land within
the Floodplain Conservation District subject to inundation by the
one-hundred-year flood, lying beyond the floodway in areas where detailed
study data and profiles are available.
(3)
Approximated floodplain (FA). Those portions of land
within the Floodplain Conservation District subject to inundation
by the one-hundred-year flood, where a detailed study has not been
performed but where a one-hundred-year floodplain boundary has been
approximated. The boundary for this floodplain must be verified using
hydrologic and hydraulic engineering studies.
B.
Alluvial soils (AS). The low area adjoining and including
any water or drainage course or body of water subject to periodic
flooding or overflow and delineated as alluvial soils or local alluvium
by the Soil Conservation Service, United States Department of Agriculture,
in the Soil Survey of Montgomery County, Pennsylvania 2008. The boundary
for this floodplain must be verified using hydrologic and hydraulic
engineering studies.
[Amended 10-20-2011 by Ord. No. 602]
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Bo
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Bowmansville- Knawers
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Bo
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Bowmansville
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Ch
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Codorus silt loam
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Ha
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Hatboro silt loam
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Rt
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Rowland silt loam
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UrA
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Urban land
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The Floodplain Conservation District is delineated
on the Lower Providence Floodplain Map, which is hereby a part of
this chapter and which is available for inspection at the Township
office.
A.
Any change in the Floodplain Conservation District
shall be reflected on the Floodplain Map. All changes to areas identified
in the Flood Insurance Study are subject to review and approval of
the Federal Insurance Administrator (FIA).
B.
Studies used to establish the floodplain boundaries
shall be available in the Township office for reference. 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.
A.
For approximated floodplain area, elevation and floodway
information from other federal, state or other acceptable sources
shall be used when available. When such other information is not available,
hydrologic and hydraulic engineering studies shall be performed to
determine this elevation, subject to review by the Township Engineer.
B.
For the alluvial soils floodplain area, the applicant
shall determine the elevation with hydrologic and hydraulic engineering
studies, subject to review by the Township Engineer.
The initial determination of the boundaries
of the Floodplain Conservation District shall be made by the Township
Zoning Officer. The areas considered to be floodplain may be revised
or modified by the Supervisors where studies or information provided
by a qualified agency or person documents the need or possibility
for such revision. The Supervisors shall act only upon the affirmative
recommendation of the Township Engineer. No modification or revision
of any area identified as being floodplain in the Flood Insurance
Study prepared by the Federal Insurance Administration shall be made
without prior approval from the Federal Insurance Administrator.
A.
This chapter supersedes any provisions currently in
effect in flood-prone areas, except to the extent that those provisions
are more restrictive.
B.
The Floodplain Conservation District shall be an overlay
on all zoning districts, in accordance with the following:
(1)
For any lot or portion thereof lying within the floodplain,
the regulations of the Floodplain District shall take precedence over
the regulations of the underlying district.
(2)
Should the underlying zoning of any lot or part thereof
which is located in the Floodplain District be changed through any
legislative or judicial action, such change shall have no effect on
the overlying Floodplain District unless such change was included
as part of the original application.
The following uses and no others are permitted
in the Floodplain Conservation District. All permitted uses are subject
to the floodproofing regulations stipulated in this chapter and in
other Township codes. Within any designated floodway (FW) area, no
new construction, development, use, activity or encroachment of any
kind shall be allowed, except where the rise in flood heights caused
by the proposed development is fully offset by accompanying stream
improvements.
A.
Cultivation and harvesting of crops according to recognized
soil conservation practices.
B.
Pasture; grazing land.
C.
Outdoor plant nursery; orchard.
D.
Recreation use, such as park, day camp, picnic grove,
golf course, hunting, fishing and boating club, including hiking,
bicycling and bridle trails, but excluding structures.
E.
Forestry, lumbering and reforestation, excluding storage
and mill structures.
F.
Game farm, fish hatchery (excluding structures), hunting
and fishing reserve.
G.
Wildlife sanctuary; woodland preserves; arboretum.
H.
Sealed public water supply wells.
I.
Utility transmission lines.
J.
Front, side or rear yards and required lot area for
any zoning district.
K.
Temporary parking when authorized as a special exception.
L.
Sanitary sewers and sewage pumping stations (provided
sealed to minimize or eliminate infiltration of floodwaters).
M.
Fences which are capable of allowing unrestricted
passage of floodwaters and most debris, for example, barbed wire or
post and rail fences.
N.
Relocation of a watercourse, provided that it has
been approved by the Township Supervisors, with the prior recommendations
of the Township Planning Commission and the approval of the Soil Conservation
Service and the Pennsylvania Department of Environmental Resources.
In addition, all adjacent communities and the Bureau of Community
Planning of the Pennsylvania Department of Community Affairs shall
be notified prior to the alteration or relocation of a watercourse.
Copies of such notification shall be sent to the Federal Insurance
Administrator. The flood-carrying capacity within the altered or relocated
portion shall be maintained.
The following uses shall be specifically prohibited
in the Floodplain Conservation District:
A.
Freestanding structures, buildings and retaining walls.
C.
Sanitary landfills, dumps, junkyards, outdoor storage
of vehicles and materials.
D.
On-site sewage disposal systems.
E.
Private water supply wells.
F.
The construction, enlargement or expansion of manufactured
home parks or manufactured 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 (more than 550 gallons or other comparable volume, or
any amount of radioactive substances) of the following toxic substances
which are dangerous to human life:
(1)
Acetone.
(2)
Ammonia.
(3)
Benzene.
(4)
Calcium carbide.
(5)
Carbon disulfide.
(6)
Celluloid.
(7)
Chlorine.
(8)
Hydrochloric acid.
(9)
Hydrocyanic acid.
(10)
Magnesium.
(11)
Nitric acid and oxides of nitrogen.
(12)
Petroleum products (gasoline, fuel, oil, etc.).
(13)
Phosphorus.
(14)
Potassium.
(15)
Sodium.
(16)
Sulphur and sulphur products.
(17)
Pesticides (including insecticides, fungicides
and rodenticide).
(18)
Radioactive substances, insofar as such substances
are not otherwise regulated.
(19)
Any other dangerous materials or substances
regulated by the appropriate federal or state agencies.
The following uses are permitted in the Floodplain
Conservation District when authorized as a conditional use by the
Lower Providence Township Board of Supervisors. Within any designated
floodway (FW) area, no new construction, development, use, activity
or encroachment of any kind shall be allowed, except where the rise
of flood heights caused by the proposed development is fully offset
by accompanying stream improvements.
A.
Dams, culverts and bridges approved by the Commonwealth
of Pennsylvania and the pertinent departments thereof, if the same
has jurisdiction over the watershed in question.
B.
Grading or regrading of lands, including the deposits
of topsoil and the grading thereof, and the construction of retaining
walls; provided that a detailed engineering study shall accompany
any application for special exception on this ground and that this
study shall be reviewed by the Soil Conservation Service, United States
Department of Agriculture. All grading or regrading shall be conducted
in compliance with the Lower Providence Stormwater and Erosion Control
Ordinance.
C.
Paved roads, driveways and parking lots, where required
by the regulations for the underlying district applicable to the lot,
provided that:
(1)
In the case of roads and driveways no such facilities
shall be permitted as a conditional use if alternative alignments
are feasible and desirable.
(2)
In the case of parking facilities, parking for temporary
uses only may be permitted. No temporary parking shall be permitted
unless vehicles shall be capable of being removed quickly during periods
of flood flow thus posing no threat to the safety of the vehicles,
their users and/or to downstream properties. Temporary parking for
periods not to exceed one hour of parking for recreation uses would
be examples of such exceptions.
D.
Impoundment basins.
E.
Storm sewers.
F.
Other uses similar to the above, provided that the
effect is not to alter substantially the cross-sectional profile of
the stream basin at the point of the proposed construction or use.
G.
No conditional use shall be granted for any construction,
development, use or activity within any floodway area that would cause
any increase in the one-hundred-year-flood elevation.
H.
Whenever a conditional use is granted, the Township
Board of Supervisors shall notify the applicant, in writing, that
the granting of the special exception may result in increased premium
rates for flood insurance, and such special exceptions may increase
the risks to life and property.
Upon any application for zoning change or land
development or subdivision approval, the applicant shall clearly set
forth on any plan submitted to the Township all areas of the subject
tract which shall lie within the Floodplain Conservation District.
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, its officials
or employees.
An existing use or structure which at the time
of the enactment of this chapter does not comply with the provisions
thereof is deemed to be a nonconforming use. If any nonconforming
use is discontinued or any existing nonconforming structure remains
vacant for a period of one year, the property and structure may only
be used thereafter in conformity with this chapter. An inventory of
all such nonconforming uses shall be made within 6 months of the passage
of this chapter, and it shall be the responsibility of the Zoning
Officer to make such inventory and to keep the same current. Structures
existing in any identified floodplain area prior to the enactment
of this chapter, but which are not in compliance with these provisions,
may continue to remain subject to the following:
A.
Existing structures located in any identified floodplain
area shall not be expanded or enlarged unless the effect of the proposed
expansion or enlargement of flood heights is fully offset by accompanying
improvements.
B.
Any modification, alteration, reconstruction or improvement
of any kind to an existing structure, to an extent or amount of less
than 50% of its market value, shall be elevated and/or floodproofed
to the greatest extent possible.
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 be undertaken only in full compliance
with the provisions of this chapter.
A.
For a use other than those permitted in § 143-184, an application seeking approval of a conditional use or a variance shall be forwarded to the Board of Supervisors or Zoning Hearing Board as appropriate, along with required studies or information and the findings of the Zoning Officer.
B.
The Board of Supervisors or Zoning Hearing Board shall consider all applications for conditional uses or variances in accordance with the procedures outlined in § 143-188 of the Zoning Ordinance. The following standards shall be used when considering conditional use or variance applications:
(1)
No conditional use or variance shall be granted for
any use, structure or development within the floodway if any increase
in the one-hundred-year-flood elevation would result, unless such
increase is fully offset by accompanying stream improvements.
(2)
All new or substantially improved structures permitted by conditional use or variance shall be elevated and floodproofed in accordance with § 143-191 of this chapter.
(3)
All 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 floodwaters.
(4)
The effect of the use shall not significantly alter
the carrying capacity of the stream and floodplain at the location
of the proposed use.
(5)
Upstream and downstream lands abutting the property
shall not be unreasonably affected by the proposed use.
(6)
The general welfare of public interest of Lower Providence
Township or of other municipalities in the same watershed shall not
be adversely affected.
C.
Upon approval of a conditional use or variance, the
Board of Supervisors or Zoning Hearing Board shall notify the applicant,
in writing, 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 such construction below the
base flood elevation increases risks of life and property.
D.
The Board of Supervisors and Zoning Hearing Board
shall maintain a record of all decisions, including justification
for their issuance, and report such decisions issued in the annual
report submitted to the Federal Insurance Administration.
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 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 purpose of this article as specified in § 143-178 herein.
B.
In considering a use as a variance, the Zoning Hearing Board shall consider those standards outlined in § 143-188 herein.
C.
Variance shall only be granted upon the following:
(1)
A determination that failure to grant the variance
would result in exceptional hardship to the applicant.
(2)
A determination that the granting of a variance will
not result in increased flood heights, additional threats to public
safety, extraordinary public expense, create nuisances, cause fraud
on or victimization of the public or conflict with existing local
laws or ordinances.
(3)
A determination that the variance is the minimum necessary,
considering the flood hazard, to provide relief.
The following standards shall apply to any substantially
improved structure or any new structure permitted by variance within
the Floodplain Conservation District:
A.
For any residential structure, the lowest floor (including
basement) shall be at least 1 1/2 feet above the one-hundred-year-flood
elevation.
B.
For any nonresidential structure, the lowest floor
(including basement) shall be at least 1 1/2 feet above the one-hundred-year-flood
elevation or be designed and constructed so that the space enclosed
by such structure shall remain either completely or essentially dry
during any flood up to that height.
C.
Any new or substantially improved nonresidential structure
which will not be completely or adequately elevated shall be designed
and constructed to be completely or essentially dry in accordance
with the standards contained in the publication entitled "Floodproofing
Regulations" (United States Army Corps of Engineers, June 1972), or
some other equivalent standard, for that type of construction.
D.
All manufactured homes to be placed or substantially
improved within the Floodplain Conservation District shall be elevated
on a permanent foundation such that the lowest floor of the manufactured
home is 1 1/2 feet above the base flood elevation and shall be
securely anchored to an adequately anchored foundation system in accordance
with the provisions of the FEMA manual, Manufactured Home Installation
in Flood Hazard Areas.
E.
For all new construction and substantial improvement,
fully enclosed areas below the lowest floor that are subject to flooding
shall be designed to automatically equalize hydrostatic flood forces
on exterior walls by allowing for the entry and exit of floodwater.
Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or must meet or exceed
the following minimum criteria:
(1)
A minimum of two openings having a total net area
of not less than one square inch for every square foot of enclosed
area subject to flooding shall be provided.
(2)
The bottom of all openings shall be no higher than
one foot above grade.
(3)
Openings may be equipped with screen, louvers or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwater.
F.
All improved structures and buildings within any FW,
FF or FA area shall be firmly anchored in accordance with accepted
engineering practices to prevent flotation, collapse or lateral movement.
Land use/building permits shall be required
before any construction or development is undertaken within any floodplain
area of the Township.
A.
The Zoning Officer shall issue a land use/building
permit for construction or development in the floodplain area only
after it has been determined that the proposed work to be undertaken
will be in conformance with the requirements of this and all other
applicable codes and ordinances.
B.
Prior to the issuance of any land use/building permit,
the Zoning Officer shall review the application for permit to determine
if all other necessary governmental permits such as those required
by state and federal laws have been obtained, including those required
by Act 537, the Pennsylvania Sewage Facilities Act,[1] the Water Obstruction Act of 1913 and the Federal Water
Pollution Control Act Amendments of 1972, Section 404, 33 U.S.C. § 1334.
No permit shall be issued until this determination has been made.
[1]
Editor's Note: See 35 P.S. § 750.1
et seq.
C.
The application of permit shall including the following:
(1)
Proposed lowest floor and basement elevations in relation
to mean sea level.
(2)
The plan shall include existing and proposed contours;
information concerning one-hundred-year-flood elevations, velocities
and other applicable information such as pressures, impact and uplift
forces, associated with the one-hundred-year flood; size of structures,
location and elevation of streets; water supply and sanitary sewage
facilities; soil type; and floodproofing measures.
(3)
A document, certified by a registered professional
engineer or architect, which states that the proposed construction
has been adequately designed to withstand the one-hundred-year-flood
elevations, pressures, velocities, impact and uplift forces and other
hydrostatic and buoyancy factors associated with the one-hundred-year
flood. Such statement shall include description of the type and extent
of floodproofing measures which have been incorporated into the design
of the structure.
A.
Unless specifically defined below, words and phrases
used in this article shall be interpreted so as to give this article
its most reasonable application.
B.
ACCESSORY USE OR STRUCTURE
BASE FLOOD
BASE FLOOD ELEVATION
BASEMENT
BUILDING
CONSTRUCTION
DEVELOPMENT
FEMA and FIA
FLOOD
FLOOD INSURANCE RATE MAP
FLOOD INSURANCE STUDY
FLOODPLAIN MANAGEMENT
FLOODPROOFING
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
IDENTIFIED FLOODPLAIN AREA
LOWEST FLOOR
MANUFACTURED HOME
NEW CONSTRUCTION
ONE-HUNDRED-YEAR FLOOD
REGULATORY FLOOD ELEVATION
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
(a)
(b)
As used in this article, the following terms shall
have the meanings indicated:
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
The flood which has been selected to serve as the basis upon
which the floodplain management provisions of this and other ordinances
have been prepared. For the purposes of this and other ordinances,
it shall be the one-hundred-year flood as referenced in the current
Flood Insurance Study and delineated on the Flood Insurance Rate Map
of the Federal Insurance Administration.
The one-hundred-year elevation as referenced in the Flood
Insurance Study. Within the approximated floodplain, alluvial soils
floodplain or other similarly documented areas, the one-hundred-year-flood
elevation shall be established nearest to the construction site in
question.
Any area of the building having its floor subgrade (below
ground level) on all sides.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of manufactured homes.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of manufactured homes, streets and other paving, utilities, filling,
grading, excavation, mining, dredging or drilling operations, or storage
of equipment or materials and the subdivision of land.
The Federal Emergency Management and the Federal Insurance
Administration who have jurisdiction over the National Flood Insurance
Program and its related studies and regulations. FEMA is the parent
agency of FIA.
A temporary condition of partial or complete inundation of
normally dry land areas.
The official FIA map which shows special hazard zones and
risk areas for insurance rating purposes. For the purpose of this
chapter, it also delineates floodplain areas.
The examination and determination of flood hazards by FIA.
The flood elevations contained in this study area used for floodplain
management purposes as related to this and other ordinances.
The application of a program or activities which may consist
of both corrective and preventive measures for reducing flood damages.
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. Such measures are set forth
in Floodproofing Regulations, published by the Office of the Chief
Engineers, United States Army, publication number EP 1165 2 314 (June
1972 and as subsequently amended). Floodproofing measures for all
new construction and substantial improvements of structures shall
satisfy the requirements of the completely dry spaces (W1) and essentially
dry spaces (W2) classes referenced in those regulations. In said publication,
where reference is made to "below" (or above) the "BFD" (base flood
datum), it shall be interpreted as meaning below (or above) the base
flood elevation.
Any structure that is:
Listed individually in the National Register
of Historic Places (a listing maintained by the Department of the
Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National
Register;
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
Individually listed on a State Inventory of
Historic Places in states with historic preservation programs which
have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
The floodplain area specifically identified in this chapter
as being inundated by the one-hundred-year flood. Included would be
areas identified as floodway (FW), flood-fringe (FF), approximated
floodplain (FA) and alluvial soils (AS).
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access or storage, in an area other than a basement
area, is not considered a building's lowest floor, provided that such
enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirement of this chapter.
A building transportable in one or more sections which is
built on a permanent chassis and designed to be used with or without
a permanent foundation when connected to the required utilities. The
term includes park trailers, travel trailers, recreation and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
Structures for which the start of construction commenced
on or after the effective date of the original floodplain management
regulations adopted by the Township of Lower Providence and includes
any subsequent improvements to such structures.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).
The one-hundred-year-flood elevation plus a freeboard safety
factor of 1 1/2 feet.
Includes substantial improvement and means the date the building
permit was issued, provided that the actual start of construction,
repair, reconstruction, placement or other improvement was within
180 days of the permit date. The "actual start" means either the first
placement of permanent construction of a structure of a site, such
as the pouring of the slab or footings, the installation of piers,
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 the 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. Time extension shall be granted
only if a written request is submitted to the applicant which sets
forth sufficient and reasonable cause for the Building Inspector to
approve such a request.
Any man-made object, constructed or erected, having an ascertainable
stationary location on or in land or water, whether or not affixed
to the land (ground improvements excepted).
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
For the purpose of this definition "substantial
improvement" is considered to occur when the first alteration of any
wall, ceiling, floor or other structural part of the building commences,
whether or not that alteration affects the external dimensions of
the structure. The term does not, however, include either:
Any project for improvement of a structure to
comply with existing state or local health, sanitary or safety code
specifications which are solely necessary to assure safe living conditions;
or
Any alteration of a structure listed on the
National Register of Historic Places or a State Inventory of Historic
Places.
This chapter hereby repeals Lower Providence
Township Ordinance No. 250 in its entirety.[1] (Prior Ordinance No. 250 repealed Ordinance Nos. 172 and
174.)
[1]
Editor's Note: Said Ordinance No. 250 comprised
the former Zoning Ordinance, adopted 5-8-1955.
The provisions of this chapter shall be severable
and if any of the provisions hereof shall be held to be unconstitutional,
invalid or illegal by a court of competent jurisdiction, such decision
shall not affect the validity of any of the remaining provisions of
this chapter. It is hereby declared to be the legislative intent of
this chapter that the ordinance would have been enacted had such unconstitutional,
invalid or illegal provision not been included herein.
