In expansion of the declaration of legislative intent found in Article I, § 350-4, and the statement of community development objectives found in Article I, § 350-5, of this chapter, the specific intent of the FP Floodplain Conservation District shall be to conserve and protect floodplain areas, as defined herein, subject to and necessary for the containment of floodwaters, as well as to permit and encourage the use of said areas for open space purposes, so as to constitute a harmonious and appropriate aspect of the continuing physical development of Upper Pottsgrove Township. In implementing these principals and the general purposes of the Comprehensive Plan and this chapter, the following specific objectives are intended to be accomplished by the adoption of the FP Floodplain Conservation District:
A.
To combine with other zoning requirements, as an overlay,
certain restrictions for flood prone areas to promote the general
health, safety and welfare of the Township.
B.
To prevent inappropriate development in flood-prone
areas made unfit for human usage by reason of danger from flooding.
C.
To minimize danger to public health by protecting
the quality and quantity of surface and subsurface water supplies
adjacent to and underlying flood-prone areas and promoting safe and
sanitary drainage.
D.
To permit only those uses that are compatible with
development of flood areas, as herein defined, and which will not
impede the flow or storage of waters, or otherwise cause danger to
life and property at, above, or below their locations along the floodplains.
E.
To protect those individuals who choose, despite the
cited flood dangers, to develop or occupy land on a floodplain.
F.
To provide sufficient drainage courses to carry abnormal
flows of stormwater in periods of heavy precipitation.
G.
To protect individuals and adjacent landowners in
the Township and/or other municipalities both upstream and downstream
from damages resulting from inappropriate floodplain development and
the resultant obstruction or increase in flow of floodwaters.
H.
To protect the entire Township from uses of land which
could have an effect upon subsequent expenditures for public works
and disaster relief and, thus, adversely affect the economic well-being
of the Township.
I.
To promote the ecological balance among those natural
system elements, such as wildlife, vegetation and aquatic life, dependent
upon watercourses and water areas.
J.
To protect other municipalities within the same watershed
from the impact of improper development and the resultant increased
potential for flooding.
K.
To provide retention areas for the temporary storage
of floodwaters.
L.
To require that uses vulnerable to floods, including
public facilities, be constructed so as to be protected from flood
damage in accordance with the purpose and requirements of the National
Flood Insurance Program, P.L. 93-234, and any subsequent amendments
thereto.
[Amended 6-23-1980 by Ord. No. 119; 12-12-1994
by Ord. No. 257; 11-25-1996 by Ord. No. 273]
A.
The FP Floodplain Conservation District is defined
and established as follows:
(1)
Those areas identified as being subject to the one-hundred-year
flood in the Flood Insurance Study prepared for the Township by the
Federal Insurance Administration dated December 19, 1996, or the most
recent revision thereof. These areas are delineated in the Flood Insurance
Rate Map (FIRM) and are subdivided into the following subareas: floodway,
floodway-fringe and general floodplain.
(2)
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, U.S. Department of Agriculture, in the Soil Survey of Montgomery
County, 1967, as revised and updated to reflect existing conditions.
B.
Those areas referred to in Subsection A shall be plotted, if, as and when feasible, on the Zoning Map to indicate the approximate boundaries of the Floodplain Conservation District.
C.
The Zoning Map, as well as copies of the study and survey described in Subsection A, above, shall be available to the public in the Township Municipal Office.
D.
Whenever there is a difference between the Zoning
Map and the maps and data contained in the aforementioned study or
survey, the maps and data contained in the study or survey shall determine
the boundaries of the Floodplain Conservation District.
E.
All subsequent changes in the boundaries of the Floodplain
Conservation District shall be plotted, if, as and when feasible,
on the Zoning Map as amendments thereto. No changes to the floodway
boundaries or one-hundred-year flood elevations of the Flood Insurance
Study shall be made without prior approval of the Federal Insurance
Administrator.
The Floodplain Conservation District shall be
deemed to be an overlay on any zoning district(s) now or hereafter
enacted to regulate the use of land in Upper Pottsgrove Township.
A.
The Floodplain Conservation District shall have no
effect on the permitted uses in the underlying zoning district, except
where said uses are intended to be located within the boundaries of
the Floodplain Conservation District, as defined herein, and said
uses are in conflict with the permitted uses set forth in this article.
B.
In those areas of Upper Pottsgrove Township where
the Floodplain Conservation District applies, the requirements of
the Floodplain Conservation District shall supersede the requirements
of the underlying zoning district(s).
C.
Should the Floodplain Conservation District boundaries
be revised as a result of legislative or administrative actions or
judicial decision, the zoning requirements applicable to the area
in question shall revert to the requirements of the underlying zoning
district(s) without consideration of this article.
D.
Should the zoning classification(s) of any parcel
or any part thereof on which the Floodplain Conservation District
is an overlay be changed, as a result of legislative or administrative
actions or judicial decision, such change(s) in classification shall
have no effect on the boundaries of the Floodplain Conservation District,
unless an amendment to said boundaries was included as part of the
proceedings from which the subsequent change(s) originated.
An initial determination as to whether or not
the Floodplain Conservation District applies to a given parcel shall
be made by the Zoning Officer.
A.
Any party aggrieved by the decision of the Zoning Officer, either because of an interpretation of the exact location of the Floodplain Conservation District boundary or because the criteria used in delineating the boundary, as set forth in § 350-50 of this article, is or has become incorrect because of changes due to natural or other causes, may appeal said decision to the Zoning Hearing Board as provided for in Article XX, § 350-162, of this chapter.
B.
The burden of proving the incorrectness of the Zoning
Officer's decision shall be on the appellant.
The following uses shall be permitted in the
Floodplain Conservation District:
A.
Wildlife sanctuary, woodland preserve, arboretum,
and passive recreation areas, including parks but excluding enclosed
structures.
B.
Game farm and/or hunting preserve for the protection
and propagation of wildlife but excluding enclosed structures.
C.
Forestry and reforestation in accordance with recognized
soil conservation practices.
D.
Pasture and controlled grazing of animals in accordance
with recognized soil conservation practices.
E.
Recreational uses, such as parks, with such activities
as hiking, bicycle and bridle trails, camps, picnic areas, gold courses
but excluding enclosed structures.
F.
Outdoor plant nursery or orchard in accordance with
recognized soil conservation practices.
G.
Cultivation and harvesting of crops in accordance
with recognized soil practices.
H.
Nonstructural accessory uses (except swimming pools)
necessary for the operation and maintenance of the above-permitted
uses.
I.
Front, side and rear yards and required lot area in the underlying zoning district(s), provided such yards are not to be used for an on-site sewage disposal system. The minimum setback of any structure from the edge of any watercourse shall be determined by the front, side or rear yard requirements in the underlying zoning district(s). Should this unduly restrict the development of the land in question the minimum setback requirement may be modified upon a determination of the Township Engineer. In no case, however, shall said modification encroach upon the floodplain as defined in § 350-50 of this article.
J.
Similar uses to the above which are in compliance
with the intent of this article.
[Amended 6-23-1980 by Ord. No. 119; 11-25-1996
by Ord. No. 273]
The following uses may be permitted by a special
exception from the Zoning Hearing Board, upon the condition that no
use permitted as a special exception shall increase the elevation
of the established flood level by more than one foot at any point.
No use shall be permitted in a designated floodway except where the
rise in flood heights caused by the proposed use is fully offset by
accompanying improvements.
A.
Uses accessory to recreational activities, not to
include enclosed structures or toilet facilities, but permitting piers,
docks, floats or unenclosed shelters usually found in developed outdoor
recreational areas.
B.
Sewage treatment plant, outlet installations for sewage
treatment plants and sewage pumping stations with the approval of
the Township Engineer, appropriate sewer authorities and the Pennsylvania
Department of Environmental Protection, when accompanied by proof
of the necessity for locating within the boundaries of the Floodplain
Conservation District.
C.
Sealed public water supply wells with the approval
of the Township Engineer and the Pennsylvania Department of Environmental
Protection.
D.
Dams, culverts and bridges with the approval of appropriate
authorities with jurisdiction such as the Pennsylvania Department
of Environmental Protection.
E.
Sanitary or storm sewers and impoundment basins, with
the approval of the Township Engineer and the Pennsylvania Department
of Environmental Protection.
F.
Roads, driveways and parking facilities.
(1)
Roads and driveways shall not be permitted if there
is a reasonable alternative alignment. In any case, previous rather
than impervious materials shall be utilized in the construction of
any such road or driveway.
(2)
Parking facilities shall not be permitted unless satisfactory
evidence is submitted that such parking will not be utilized during
periods of flood flow, thus posing no threat to the safety of the
vehicles, their users or downstream properties. Temporary parking
for periods not to exceed one hour, or parking for recreation uses
would be examples of such exceptions. In any case, previous rather
impervious materials shall be utilized in the construction of any
parking facility.
G.
Grading or regrading of lands, including the deposit
of topsoils and the grading thereof. The application for a special
exception for such a use 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, including the necessary data to determine whether
the boundaries of the Floodplain Conservation District would be affected
if the application were granted.
(2)
An application for amending the boundaries of the
Floodplain Conservation District if the boundaries are affected by
the grading or regrading of land.
(3)
A plan indicating the deposition of any fill or materials
proposed to be deposited by the grading or regrading of land: such
fill or other materials shall be protected against erosion by rip-rap,
vegetative cover or bulkheading.
H.
Utility transmission lines.
I.
Fences of wood, wire or other material which will
not impede the flow of floodwaters and debris.
J.
Uses similar to the above which are in compliance
with the intent of this article.
[Amended 6-23-1980 by Ord. No. 119; 10-24-1983
by Ord. No. 145]
The following uses shall not be permitted in
the Floodplain Conservation District, unless a variance is obtained:
A.
Freestanding structures, buildings and retaining walls, except those specifically permitted by special exception under the provisions of § 350-54 of this article.
C.
The relocation of any watercourse without approval
by the Pennsylvania Department of Environmental Protection and the
Board of Commissioners after receipt of the recommendations.
D.
Sanitary landfills, dumps, junkyards, outdoor storage
of vehicles and materials.
E.
On-site sewage disposal systems.
F.
Private water supply wells.
[Amended 10-24-1983 by Ord. No. 145]
Under no circumstances shall the following uses
be permitted in the one-hundred-year floodplain, with or without a
variance:
A.
Nursing homes.
B.
Hospitals.
C.
Jails or prisons.
D.
New mobile home parks and mobile home subdivisions,
and substantial improvements to existing mobile home parks.
E.
Any new or substantially improved structure which
will be used for the production or storage of any of the following
dangerous materials or substances or which will be used for any activity
requiring the maintenance of a supply (more than 550 gallons or other
comparable volume or any amount of radioactive substances) of any
of the following dangerous materials or substances on the premises,
shall be subject to the provisions of this section, in addition to
all other applicable provisions:
(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 rodenticides).
(18)
Radioactive substances, insofar as such substances
are not otherwise regulated.
[Amended 6-23-1980 by Ord. No. 119]
For any use of land in the Floodplain Conservation
District, excepting uses existing as of the date of the enactment
of this chapter, an application for a zoning permit shall be filed
with the Zoning Officer who shall make an initial determination on
the application.
A.
For a use other than those permitted in § 350-54, an application seeking approval by special exception shall be forwarded to the Zoning Hearing Board along with required studies or information and the findings of the Zoning Officer.
B.
Any application involving the use of fill, the construction
of structures, or storage of material, shall be accompanied by the
following:
(1)
A plan certified by a registered professional engineer
which accurately locates the proposed use with respect to the floodplain
district limits, channel or stream, existing development in the floodplain
within 200 feet of the proposed development site, together with all
pertinent information such as the nature of the proposal, legal description
of the property, fill limits and elevations; and floodproofing measures
including those required by the Township Building Code,[1] as amended, and the provisions of this article.
(2)
The following additional information as deemed necessary
by either the Zoning Officer or the Zoning Hearing Board for the evaluation
of effects of the proposal upon flood flows and floodwater storage
and to render a decision on the proposed use:
(a)
A typical valley cross-section showing the channel
of the stream, the floodplain adjoining each side of the channel,
cross-sectional area to be occupied by the proposed development and
high water information.
(b)
Plan surface view showing elevation or contours
of the ground; pertinent structures, fill or storage elevations; size,
location and spatial arrangement, including lowest floor elevations,
of all proposed and existing structures on the site; location and
elevations of streets, water supply, sanitary facilities and soil
types and other pertinent information.
(c)
Profile showing the slope of the bottom of the
channel of flow line of the stream.
(d)
Specifications for building construction and
materials, including "floodproofing" measures, filling, dredging,
grading, channel improvement, storage or materials, water supply,
and sanitary facilities.
(e)
Plan or document certified by a registered professional
engineer that the floodproofing measures are consistent with requirements
for flood protection as set forth in Floodproofing Regulations, Office
of the Chief of Engineers, U.S. Army Corps of Engineers, Washington,
D.C., June 1972, and include:
[1]
Anchorage to resist flotation and lateral movements.
[2]
Installation of watertight doors, bulkheads,
and shutters.
[3]
Reinforcement of walls to resist water pressures.
[4]
Use of paints, membranes or mortar to reduce
seepage of water through walls.
[5]
Additions of mass or weight to structures to
resist flotation. Installation of pumps to lower water levels in structures.
[6]
Construction of water supply and waste treatment
systems so as to prevent the entrance of floodwaters.
[7]
Pumping facilities for subsurface external foundation
wall and basement water pressures.
[8]
Construction to resist rupture or collapse caused
by water pressure or floating debris.
[9]
Cutoff valves on sewer lines, or the elimination
of gravity flow basement drains.
[10]
Elevation of structures to reduce the likelihood
of flood damage.
[Amended 11-26-1990 by Ord. No. 218]
All applications for approval by special exception shall be considered using the standards set forth in § 350-59 of this article.
A.
The Zoning Hearing Board shall request the review
and recommendations of the Soil Conservation Service, U.S. Department
of Agriculture, and the U.S. Army Corps of Engineers, at least 30
days prior to the public hearing.
B.
In rendering a decision, the Zoning Hearing Board
may impose special measures or conditions as deemed reasonably necessary
and appropriate for the proposed use(s) to conform with the intent
of this article.
[Amended 6-23-1980 by Ord. No. 119; 3-8-1993
by Ord. No. 243; 11-25-1996 by Ord. No. 273]
The Zoning Hearing Board shall exercise discretion in allowing only those uses which are substantially in accord with the stated objectives in § 350-49 of this article. In considering a use as a special exception, the Zoning Hearing Board shall consider the following:
A.
The effect of the use shall not substantially alter
the cross-sectional profile of the streams or other floodplains at
the location of the proposed use. Any effect on flood heights of a
use in a designated floodway shall be totally offset by accompanying
improvements.
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 Pottsgrove
Township or of other municipalities in the same watershed shall not
be adversely affected.
D.
Any structure permitted by special exception shall include those floodproofing measures set forth in § 350-57B of this article without limitation because of specific enumeration.
E.
Prior to any proposed alteration or relocation of
any stream or any watercourse, etc., within the Township, a permit
shall be obtained from the Department of Environmental Protection,
Bureau of Dam Safety, Obstructions, and Storm Water Management, as
specified in the Dam Safety and Encroachment Act, 1978, November 26,
P.L. 1375, No. 325, §§ 1 to 28, as amended, 32 P.S.
§ 693.1 et seq. Further, notification of the proposal shall
be given to all affected adjacent municipalities. Copies of such notifications
shall be forwarded to both the Federal Insurance Administration and
the Department of Community and Economic Development. Under no circumstances
shall any use, activity and/or development adversely affect the capacity
of the channels or floodways of any watercourse, drainage ditch or
any other drainage facility or system.
F.
Prior to the issuance of any 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, 35 P.S. § 750.1
et seq., 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.
G.
Whenever a special exception is granted permitting
a structure to be built with less than watertight floodproofing to
the level of the one-hundred-year flood, the Township shall notify
the applicant for special exception that increased premium rates for
flood insurance may result.
[Amended 6-23-1980 by Ord. No. 119; 11-25-1996
by Ord. No. 273]
A property owner of a lot of record, as of the date of the enactment of this chapter, 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. The Zoning Hearing Board shall consider all applications for a use using the procedures set forth in § 350-58 of this article.
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 article, as specified § 350-49.
B.
Any uses permitted 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 minimum effect upon the
flow and height of floodwater. The first floor elevation of all structures
shall be at a minimum of not less than one foot above the established
flood level. Fully enclosed spaces below the lowest floor shall be
prohibited.
C.
An application for a variance shall be accompanied by the appropriate data as set forth in § 350-59 of this article.
D.
Any structure permitted by variance shall be in accordance with the standards set forth in § 350-59 of this article.
E.
No variance shall be granted that will result in any
increase in one-hundred-year flood elevations.
F.
If granted, a variance shall involve only the least
modification necessary to provide relief.
G.
Whenever a variance is granted, the Township shall
notify the applicant in writing that the granting of the variance
may result in increased premium rates for flood insurance and may
increase the risks to life and property.
H.
A complete record of all variance requests and related
actions shall be maintained by the Township. In addition, a report
of all variances granted during the year shall be included in the
annual report to the Federal Insurance Administration.
[Amended 11-26-1990 by Ord. No. 218; 11-25-1996
by Ord. No. 273]
Following the adoption of this article, any use or structure which is situated within the boundaries of the FP Floodplain Conservation District and which does not conform to the permitted uses specified in § 350-53 of this article shall become a nonconforming use or structure regardless of its conformance to the district in which it is located without consideration of this article. The continuation, extension or expansion of said nonconforming use or structure shall be governed by the requirements of Article XVIII of this chapter. However, the Zoning Hearing Board, in considering requests for a special exception or a variance for or in connection with the extension or expansion of said nonconforming use or structure, shall consider and apply the standards set forth in § 350-59 of this article (with respect to applications for a special exception) and § 350-60 of this article (with respect to applications for a variance), in addition to such other standards as provided in this chapter.
No vacant land shall be occupied or used, and
no building hereafter erected, altered, or moved within the Floodplain
Conservation District shall be occupied, until a certificate of occupancy
shall have been issued by the Zoning Officer. The Zoning Officer shall
request the applicant to submit a certification by a registered professional
engineer or land surveyor that the finished fill and building floor
elevations, floodproofing measures, or other flood protection factors
were accomplished in compliance with the provisions of this chapter.
The Zoning Officer shall within 10 days after receipt of such certification
from the applicant issue a certification of occupancy only if the
building or premises and the proposed use thereof conform with all
the requirements of this chapter.
The granting of a zoning permit or approval
of a subdivision or land development plan in or near the Floodplain
Conservation District shall not constitute a representation, guarantee
or warranty of any kind by the Township, or by an 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.
The degree of flood protection intended to be provided by this chapter
is considered reasonable for regulatory purposes and is based on engineering
and scientific methods of study. This chapter does not imply that
areas outside Floodplain Conservation District boundaries or land
uses permitted within such districts will always be totally free from
flooding or flood damages.
Before the sale of lots partially or entirely
in a Floodplain Conservation District, developers or subdividers shall
give written notice to the buyer or buyers indicating the Floodplain
Conservation District as related to the boundaries of the lot to be
sold.
