[Added 4-23-1984 by Ord. No. 17-021; amended 6-22-1992 by Ord. No. 92-1; 6-28-2010 by Ord. No. 10-240Z; 9-26-2016 by Ord. No. 16-297ZS]
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 the general welfare of its citizenry. Therefore, the Board
of Montgomery Township does hereby order in the FP Floodplain Conservation
District the following regulation shall apply.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
A.
Intent. In addition to the purpose stated in Article I, § 230-2, of the Montgomery Township Zoning Ordinance, the specific intent of this article shall be to protect areas of floodplain subject to and necessary for the containment of floodwaters. Furthermore, in light of the Township's certification as eligible for federal flood insurance, it is the intent of this article to provide adequate protection for flood-prone properties within Montgomery Township. In advancing these principles and the general purposes of the Zoning Ordinance and the adopted Township Comprehensive Plan, the following shall be the specific objectives in the FP Floodplain Conservation District:
(1)
Protect areas of the floodplain necessary to contain floodwaters.
(2)
To permit only those uses in the floodplain that are compatible with
preserving natural conditions and stream flow.
(3)
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.
(4)
Encourage the utilization of appropriate construction practices in
order to prevent or minimize flood damage in the future.
(5)
To minimize 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.
(6)
Reduce financial burdens imposed on the community, its governmental
units, and its residents by preventing excessive development in areas
subject to flooding.
(7)
Comply with federal and state floodplain management requirements.
(8)
To prevent the erection of structures in areas unfit for human usage
by reason of danger from flooding, unsanitary conditions or other
hazards.
(9)
To provide retention areas for the temporary storage of floodwaters.
(10)
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.
(11)
To provide sufficient drainage courses to carry abnormal flows
of stormwater in periods of heavy precipitation.
(12)
To protect those individuals who, despite the flood dangers,
develop or occupy land on a floodplain resulting from a use which
is nonconforming by virtue of this article.
(13)
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.
(14)
To protect the entire Township from individual uses of land
which may have an effect upon subsequent expenditures for public works
and disaster relief and adversely affect the economic well-being of
the Township.
(15)
To protect other municipalities within the same watershed from
the impact of improper development and the consequent increased potential
for flooding.
(16)
To provide areas for the deposition of flood-borne sediment.
(17)
To require that uses vulnerable to floods, including public
facilities, be constructed so as to be protected from damage in accordance
with the requirements of the Federal Flood Insurance Program, P.L.
90-448, and the Pennsylvania Flood Plain Management Act, P.L. 851,
No. 166 of 1978, and as either is amended.[1]
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
Abrogation and greater restriction. This article 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 article, the more restrictive shall apply.
C.
Severability. If any section, subsection, paragraph, sentence, clause,
or phrase of this article shall be declared invalid for any reason
whatsoever, such a decision shall not affect the remaining portions
of the article, which shall remain in full force and effect, and for
this purpose the provisions of this article are hereby declared to
be severable.
D.
Warning and disclaimer of liability.
(1)
The degree of flood protection sought by the provisions of this article
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 article does not imply
that areas outside the Floodplain Conservation District, or that land
uses permitted within such areas, will be free from flooding or flood
damages.
(2)
This article shall not create liability on the part of Montgomery
Township or any officer or employee thereof for any flood damages
that result from reliance on this article or any administrative decision
lawfully made thereunder.
A.
District established. The Floodplain Conservation District is defined
and established as follows:
(1)
The Floodplain Conservation District is defined and established as
a district applicable to those areas of Montgomery Township classified
as special flood hazard areas (SFHAs) in the Flood Insurance Study
(FIS) dated March 2, 2016, (and all subsequent revisions and amendments),
and the accompanying Flood Insurance Rate Maps (FIRMs) dated March
2, 2016 (and all subsequent revisions and amendments), and issued
by the Federal Emergency Management Agency (FEMA), or the most recent
revision thereof, including all digital data developed as part of
the Flood Insurance Study. Said floodplains shall be comprised of
the following specific areas:
(a)
The Floodway Area/District shall be those areas identified as
floodway on the FIRM as well as those floodway areas which have been
identified in other available studies or sources of information for
those special floodplain areas where no floodway has been identified
in the FIS. The floodway 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.
[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.
(c)
Community-identified flood hazard areas shall be those areas
where Montgomery 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.
(d)
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
one-percent-annual-chance flood elevations have 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.
(e)
In lieu of the above, Montgomery 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 municipality.
(f)
(Reserved)
(g)
Alluvial soils.
[1]
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, but not
limited to, the following soils:
[2]
Any party wishing to develop in such areas shall supply engineering
studies to the Township sufficient so that the Township Engineer may
determine if said area(s) are to be considered as a one-hundred-year
floodplain. If said area(s) is not part of the area proposed for building,
the Township may not require such studies at the advice of the Township
Engineer, but the Township shall require said soil areas to be appropriately
identified on all subdivision, development or building plans to be
submitted to the Township.
(2)
The Floodplain Conservation District shall be delineated on the Floodplain Overlay Map of Montgomery Township, which is hereby made a part of this chapter and is available for inspection at the Township office. Whenever there is a difference between said map and the data contained in the sources described in § 230-11A(1) of this section, the data contained in said sources shall determine the boundary of the district.
(3)
Studies used to establish the floodplain boundaries shall be available
in the Township Building for reference.
(4)
Use of information. The Township Code Enforcement Officer shall obtain,
review and reasonably utilize any base flood elevation and floodway
data available from a federal, state or other source as criteria for
requiring that all new construction, substantial improvements or other
developments in Zone A shown on the FEMA Flood Insurance Rate Maps
adhere to the requirements under the NFIP § 60.3(c)(2),
(3), (5) and (6) and § 60.3(d)(3).
(5)
The Floodplain Conservation District shall be deemed an overlay on
any zoning district now of hereafter applicable to any lot.
(6)
It shall be unlawful for any person, partnership, business or corporation
to undertake, or cause to be undertaken, any construction or development
anywhere within Montgomery Township unless a permit has been obtained
from the Floodplain Administrator.
(7)
A permit shall not be required for minor repairs to existing buildings
or structures.
B.
Changes in the FP Floodplain Conservation District Area. The Floodplain
Conservation District may be revised or modified by the Board where
studies or information provided by a qualified agency or person documents
the need for such revision. However, prior to any such change, 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 by submitting
technical or scientific data.
C.
Boundary disputes: appeals procedure.
(1)
In case of any dispute concerning the boundaries of a Floodplain
Conservation District, initial determination shall be made by the
Township Code Enforcement Officer, who shall seek the advice of the
Township Engineer as necessary in making said determination.
(2)
Any party aggrieved by the decision of the Code Enforcement 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 XXIII, §§ 230-182 to 230-185 of this chapter. The burden of proof in such an appeal shall be on the applicant.
(3)
Whether a proposed use is within the Floodplain Conservation District
shown on the Floodplain Overlay Map shall, upon appeal from the decision
of the Code Enforcement 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, shall request the review and recommendations
of the Township Planning Commission and other Township agencies or
officials at least 45 days before the public hearing.
(4)
The Zoning Hearing Board may request the review and recommendations
of the following agencies, on a case-by-case basis, to be determined
by a consultation with the Code Enforcement Officer and the appropriate
agency or individual: the United States Army Corps of Engineers, Philadelphia
District; the Soil Conservation Service; the Township Engineer; the
Montgomery County Planning Commission; the Neshaminy or Wissahickon
Watershed Associations; and other technical agencies as necessary.
Such request shall be made 45 days prior to the public hearing.
(5)
All changes to the boundaries of the Floodplain Conservation District
are subject to the review and approval of the Federal Insurance Administrator.
D.
Overlay concept. The Floodplain Conservation District shall be deemed
an overlay on any zoning district now or hereafter applicable to any
lot.
(1)
Should the Floodplain Conservation District be declared inapplicable
to any tract by reason or action of the Township Board of Supervisors
in amending this article; or the Code Enforcement 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 article.
(2)
Should the zoning of any parcel or any part thereof in 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.
(3)
Where this article does not define the boundaries of the floodplain as defined in § 230-12 herein, the minimum setback from any watercourse for a structure shall be equal to the horizontal distance from the top of the bank of the watercourse extended to a point at which the elevation is one foot above the elevation of the top of the bank, as verified by the Township Engineer, or 50 feet, whichever is greater. All such changes to the boundaries of the Floodplain Conservation District are subject to the review and approval of the Federal Insurance Administrator.
E.
Corporate boundary changes. Prior to development occurring in areas
where annexation or other corporate boundary changes are proposed
or have occurred, the community shall review flood hazard data affecting
the lands subject to boundary changes. The community shall adopt and
enforce floodplain regulations in areas subject to annexation or corporate
boundary changes which meet or exceed those in 44 CFR 60.3.
A.
Permitted uses. The following uses and no other will be permitted
in a Floodplain Conservation District. All such uses shall be subject
to the floodproofing requirements as stipulated in this article, as
well as the Township Building Code and Subdivision and Land Development
Ordinance, both as amended.[1]
(1)
Agricultural uses conducted in compliance with methods prescribed
in the latest version of the Department of Environmental Protection's
Erosion and Sediment Pollution Control Manual.
(2)
Pasture and grazing land in accordance with recognized soil conservation
practices.
(3)
Outdoor plant nursery or orchard in accordance with recognized soil
conservation practices, but permitting no structures.
(4)
Harvesting of any wild crops, such as marsh hay, ferns, moss, berries
or wild rice.
(5)
Open space uses that are primarily passive in character shall be
permitted to extend into the floodplain, including wildlife sanctuary,
nature preserves, woodland preserve, fishing areas, passive areas
of public and private parklands, reforestation, and arboretum. Any
construction, development or grading shall only be permitted in strict
compliance with the provisions of this article.
(6)
Streambank stabilization.
(7)
Game farm, fish hatchery (if approved and supervised by the Pennsylvania
Fish and Game Commission) or hunting and fishing preserve for the
preservation or propagation of wildlife, but permitting no structures.
(8)
Forestry, lumbering and reforestation operations in accordance with recognized natural resource conservation practices and reviewed by the Montgomery County Conservation District, but permitting no structures; provided, however, that the provisions of § 230-14 are adhered to.
(9)
Utility transmission lines.
(10)
The following floodplain crossings are permitted, provided disturbance
to any existing woodlands and degradation of water quality are minimized
to the greatest extent practicable: Agricultural crossings by farm
vehicles and livestock, driveways serving single-family detached dwelling
units, roadways, recreational trails, railroads, and utilities.
(11)
Sealed public water supply wells, with the approval of the Township
Engineer.
(12)
Sealed sanitary sewers, with the approval of the Township Engineer.
(13)
Culverts, with the approval of the Township Engineer and the
Commonwealth of Pennsylvania, Department of Environmental Resources,
when applicable.
(14)
Front, side or rear yards and required lot area for any district,
provided that such yards are not to be used for on-site sewage disposal
systems or for fence or any other structure; further provided, however,
that if it is not feasible, due to the amount of the floodplain, to
provide adequate buildable area in accordance with the setbacks prescribed
by the underlying district, the lot area shall be required to be increased
an amount commensurate with that portion of the floodplain area which
renders it impossible to achieve adequate buildable area.
B.
Prohibited uses. Any use or activity not authorized within § 230-13A, herein, shall be prohibited within the Floodplain Conservation District and the following activities and facilities are specifically prohibited.
(1)
The following uses shall be specifically prohibited in a Floodplain
Conservation District, except where permitted by variance:
(a)
Construction, alterations, or improvements to freestanding structures,
buildings, retaining walls, or any other permanent structure including
fences with the exception of flood-retention dams and bridges, as
approved by the Pennsylvania Department of Environmental Resources.
(b)
The encroachment, alteration, improvement or relocation of any
watercourse.
(c)
Roads or driveways, except where permitted as corridor crossings in compliance with § 230-13A, herein.
(d)
Motor or wheeled vehicle traffic in any areas not designed to
accommodate adequately the type and volume.
(e)
Parking lots.
(f)
Sod farming.
(2)
The following uses shall be specifically prohibited in a Floodplain
Conservation District and shall not be subject to further consideration,
in accordance with the Pennsylvania Flood Plain Management Act, P.L.
851, No. 166 of 1978, as amended.[2]
(b)
Development which may endanger human life. In accordance with
the Pennsylvania Flood Plain Management Act, and the regulations adopted
by the Department of Community and Economic Development as required
by the Act, 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 will be used for any activity requiring
the maintenance of a supply of more than 550 gallons, or other comparable
volume, of any of the following dangerous materials or substances
on the premises; or will involve the production, storage, or use of
any amount of radioactive substances; shall be subject to the provisions
of this section, in addition to all other applicable provisions. The
following list of materials and substances are considered 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 rodenticides.
[18]
Radioactive substances, insofar as such substances
are not otherwise regulated.
(c)
All manufactured homes, manufactured home parks and manufactured
home subdivisions.
(d)
On-site/subsurface sewage disposal systems.
(e)
Private water supply wells.
(f)
Hospitals (public or private).
(g)
Nursing homes (public or private).
(h)
Jails or prisons.
(i)
Clearing of all existing vegetation, except where such clearing is necessary to prepare land for a use permitted under § 230-13A, herein, and where the effects of these actions are mitigated by reestablishment of vegetation.
(j)
Placement of fill within the one-hundred-year floodplain.
(k)
Use of fertilizers, pesticides, herbicides and/or other chemicals
in excess of prescribed industry standards.
[2]
Editor's Note: See 32 P.S. § 679.101 et seq.
C.
Uses permitted by special exception. The following special exceptions
shall be allowed or denied by the Zoning Hearing Board after recommendations
by the Planning Commission pursuant to the standards set forth in
this article:
(1)
Sewage treatment plant, outlet installations for sewage treatment
plants and sewage pumping stations, with the approval of the Township
Engineer and pertinent sewer authorities.
(2)
Dams and bridges approved by the Commonwealth of Pennsylvania, Department
of Environmental Resources.
(3)
Paved roads and driveways and parking lots, where required by the
regulations of the zoning district applicable to the property without
consideration of this article, provided that:
(a)
In the case of roads and driveways, no such facilities shall
be permitted as a special exception if alternative nonfloodplain alignments
are feasible, as determined by the Township Engineer.
(b)
In the case of parking lots, no such lot shall be permitted
as a special exception unless satisfactory evidence is submitted that
such parking will not be used during periods of flood flow, thus posing
no threat to the safety of the vehicles, their occupants and/or to
downstream properties. Temporary parking for periods not to exceed
one hour and/or parking for recreation uses would be examples of such
exceptions.
(c)
Any road, driveway or parking lot located within the Floodplain
Conservation District shall, to the extent feasible, upon the review
and recommendation of the Township Engineer, be constructed of paving
materials in accordance with the provisions of the Montgomery Township
Subdivision and Land Development Ordinance.[4]
(4)
Grading or regrading of lands, including the deposit of topsoil and
the grading thereof. The application for a special exception for such
a use shall be accompanied by the following:
(a)
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
was granted.
(b)
An application for amending the boundaries of the Floodplain
Conservation District if the boundaries are affected by the grading
or regrading of land.
(c)
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 riprap, vegetative
cover or bulkheading.
(d)
Fences of wood, wire or other materials which will not impede
the flow of floodwaters.
(5)
Storm sewers or detention/retention basins, with the approval of
the Township Engineer.
(6)
Any other similar uses not listed herein are to be considered special
exceptions and subject to the requirements herein.
D.
Nonconforming uses and structures. 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 § 230-13A 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.
(1)
The expansion or continuance of a 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 XX of this chapter. However, the Zoning Hearing Board shall ensure that the standards contained in § 230-14D herein are applied to the expansion or continuance of said nonconforming use or structure.
(2)
The expansion or continuance of a nonconforming use or structure which is rendered nonconforming by the adoption of this article shall be governed by the standards contained in § 230-14D herein. The Zoning Hearing Board shall ensure that these standards are enforced with respect to said nonconforming use or structure.
E.
Improvements to existing structures. The following provisions shall
apply whenever any improvement is made to an existing structure located
within any Floodplain Conservation District:
(1)
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.
(2)
No expansion or enlargement of an existing structure shall be allowed within any AE Area/District with floodway, as defined in § 230-12A(1)(b) that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
(3)
No expansion or enlargement of an existing structure shall be undertaken
in the direction of the streambank.
(4)
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 article.
(5)
Historic structures undergoing repair or rehabilitation that would
constitute a substantial improvement as defined in this article 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 from 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.
(6)
The above activity shall also address the requirements of § 230-15C(14).
(7)
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 ordinance.
A.
Application and procedure for considering special exceptions and
variances.
(1)
A floodplain use permit shall be required for all construction and development in the floodplain. An application for a floodplain use permit shall be filed with the Code Enforcement Officer who shall make the initial determination on the application. For uses other that those permitted in § 230-13A, an application seeking approval of special exception or variance shall be forwarded to the Zoning Hearing Board along with required studies or information and the findings of the Zoning Officer.
(2)
No variance shall be granted for any construction, development, use,
or activity within any floodway area that would cause any increase
in the BFE.
(3)
Any application involving the use of fill, the construction of structures
or the storage of materials shall be accompanied by the following:
(a)
A plan certified by a registered professional engineer which
accurately locates the proposed floodplain use with respect to the
floodplain district limits, channel or stream, existing floodplain
developments, together with all pertinent information such as the
nature of the proposal; legal description of the property fill limits
and elevations; and proposed floodproofing measures, including those
required by the Township Building Code, as amended, and the provisions
of this article.
(b)
Such of the following additional information as is deemed necessary
by either the Code Enforcement Officer or the Zoning Hearing Board
for evaluation of the effects of the proposal upon flood flows and
floodplain storage and to render a decision on the proposed floodplain
use:
(c)
A typical valley cross section showing the channel of the stream,
the floodplain adjoining each side of the channel, the cross-sectional
area to be occupied by the proposed development and high-water information.
(d)
A plan surface view showing the elevation or contours of the
ground at vertical intervals of two feet; pertinent structures, fill
or storage elevation; the size, location and spatial arrangement of
all proposed and existing structures on the site; the location and
elevation of streets, water supply, sanitary facilities and soil types
and other pertinent information.
(e)
A profile showing the slope of the bottom of the channel.
(f)
Specifications for building construction and materials, floodproofing,
filling, dredging, grading, channel improvement, storage of materials,
water supply and sanitary facilities in accordance with the provisions
contained in the Montgomery Township code, as amended.
(4)
The application for special exception or use by variance shall be
accompanied by detailed engineering studies indicating the effects
on drainage and streams on all adjacent properties as well as on the
property in question.
B.
Procedures for considering special exceptions and variances.
(1)
All applications for approval of special exceptions or variances shall be considered using standards listed in § 230-14D of this article.
(a)
The Zoning Hearing Board shall hold a public hearing within 60 days after an application is filed. Public notice of the hearing shall be given in accordance with § 230-171 of this chapter.
(b)
The Zoning Hearing Board, in addition to other evidence and
standards, shall request the review and recommendations of the Township
Planning Commission and other Township agencies or officials as least
45 days before the public hearing.
(c)
The Zoning Hearing Board may request, at least 45 days prior
to a public hearing, the review and recommendations of following agencies
on a case-by-case basis to be determined by a consultation with the
Code Enforcement Officer and appropriate agency or individual: the
Montgomery County Planning Commission, the Neshaminy or Wissahickon
Watershed Association, the United States Army Corps of Engineers,
the Soil Conservation Services, the Township Engineer or other planning
agencies, groups or individuals to assist in determining the impact
of the proposed use.
(d)
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 are deemed reasonably
necessary and appropriate for the use to conform with the intent of
this article.
C.
Special requirements.
(1)
All subdivision proposals and development proposals containing at
least 50 lots or at least five acres, whichever is the lesser, in
flood hazard areas where base flood elevation 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 required by FEMA for a conditional letter of map revision
or letter of map revision.
D.
Standards for granting special exceptions and variances.
(1)
The Zoning Hearing Board shall exercise discretion in allowing only those uses which are substantially in accord with the stated provisions in § 230-11 herein. The Zoning Hearing Board, in considering special exceptions or variance applications, shall consider the following:
(a)
That there are unique physical circumstances or conditions,
including irregularity, narrowness, or shallowness of lot size or
shape, or exceptional topographical or other physical conditions peculiar
to the particular property and that the unnecessary hardship is due
to such conditions and not the circumstances or conditions generally
created by the provisions of the zoning ordinance in the neighborhood
or district in which the property is located.
(b)
That because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict conformity
with the provisions of the zoning ordinance and that the authorization
of a variance is therefore necessary to enable the reasonable use
of the property.
(c)
That such unnecessary hardship has not been created by the appellant.
(d)
That the variance will not alter the essential character of
the neighborhood or district in which the property is located, nor
substantially or permanently impair the appropriate use or development
of adjacent property, nor be detrimental to the public welfare.
(e)
The effect of the use shall not alter the carrying capacity
of the stream and floodplains at the location of the proposed use.
(f)
Lands abutting the waterway, both upstream and downstream, shall
not be adversely affected by the proposed use.
(g)
The general welfare or public interest of Montgomery Township
or of other municipalities in the same watershed shall not be adversely
affected, nor create nuisances, causer fraud on, or victimize the
public, or conflict with any other applicable state or local ordinances
or regulations.
(h)
Any new or substantially improved 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 no effect upon the flow and height of floodwater
on other properties. Such structures shall be elevated in accordance
with the provisions contained in the Montgomery Township Building
Code, as amended.
(i)
Any new or substantially improved structure permitted as a special
exception or by variance shall be floodproofed in accordance with
the provisions contained in the Montgomery Township Building Code,
as amended.
(2)
All new or substantially improved structures shall be firmly anchored
in accordance with accepted engineering practices to prevent flotation,
collapse or lateral movement.
(a)
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 systems. In addition, waste treatment
systems shall be designed to minimize or eliminate discharges from
such systems into the floodwaters.
(b)
In all such structures, there shall be provision in all fully
enclosed areas below the base flood elevation of 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. The bottom
of all openings shall be no higher than one foot above grade. Openings
may be equipped with screens, louvers or other coverings or devices,
provided that they permit the automatic entry and exit of floodwaters.
(c)
In all such structures, the electrical, heating, ventilation,
plumbing and air-conditioning equipment and other service facilities
shall be designed and located so as to prevent water from entering
or accumulating within the components during conditions of flooding.
(3)
Any additions to existing structures permitted as a special exception
or by a variance shall be elevated to the greatest extent possible
according to the provisions contained in the Montgomery Township Building
Code, as amended.
(4)
An affirmative decision shall not be issued by the Zoning Hearing
Board for an application within the designated floodway if any increase
in the flood levels during the base flood discharge would result.
(5)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(6)
In granting any variance, the Zoning Hearing Board shall notify the
applicant in writing that:
(7)
The Zoning Hearing Board shall maintain a complete record of all
variance requests and decisions affecting the Floodplain Conservation
District, including the written justification of the reason for the
issuance of any special exception or variance, and report such decisions
in the Township's biennial report submitted to the Federal Insurance
Administration and FEMA.
E.
Additional standards for granting variances. 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.
(1)
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 in § 230-11 herein.
(2)
In considering a use as a variance, the Zoning Hearing Board shall consider those standards outlined in § 230-14 herein.
(3)
Requests for variances shall be considered by the Zoning Hearing
Board in accordance with the following:
(a)
Affirmative decisions shall only be issued by the Zoning Hearing
Board upon a determination that failure to grant the appeal would
result in exceptional hardship to the applicant and 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.
(b)
Affirmative decisions shall only be issued upon determination
that it is the minimum necessary, considering the flood hazard, to
provide relief.
A.
General. In granting any variance, Montgomery Township Zoning Hearing
Board 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 the public health, safety, and welfare
of the residents of the municipality.
(1)
Pertaining to the alteration or relocation of 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 Protections Regional Office.
(b)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse unless is can be shown that the activity
will not reduce or impede the flood-carrying capacity of the watercourse
in any way.
(c)
In addition, the FEMA and Pennsylvania Department of Community
and Economic Development shall be notified prior to any alteration
or relocation of any watercourse.
(2)
The municipality shall require technical or scientific data to be
submitted to FEMA for a letter of map revision (LOMR) within six months
of the completion of any new construction, development, or other activity
resulting in changes in the BFE. 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; or
(b)
Any development occurring in Zones A1-30 which will cause a
rise of more than one foot in the base 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 article
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.
B.
Elevation and floodproofing requirements.
(1)
Residential structures.
(a)
In AE and A1-30 Zones, any new construction or substantial improvement
shall have the lowest floor (including basement) elevated up to, or
above, the regulatory flood elevation.
(b)
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 § 230-12A(1)(d) of this article.
(c)
The design and construction standards and specifications shall address the requirements of § 230-15C(14).
(2)
Nonresidential structures.
(a)
In AE and A1-30 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:
(b)
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 § 230-12A(1)(d) of this article.
(c)
Any nonresidential structure, or part thereof, made watertight
below the regulatory flood elevation shall be floodproofed in accordance
with the WI or W2 space classification standards contained in the
publication entitled "Flood-Proofing Regulations" published by the
U.S. 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.
(d)
The design and construction standards and specifications shall address the requirements of § 230-15C(14).
(3)
Space below the lowest floor.
(a)
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.
(b)
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]
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.
(4)
Accessory structures. 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.
C.
Design and construction standards. The following minimum standards
shall apply for all construction and development proposed within any
Floodplain Conservation District:
(1)
Fill. If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the building line from
all points;
(b)
Consist of soil or small rock materials only. Sanitary landfills
shall not be permitted;
(c)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling;
(d)
Be no steeper than one vertical to two horizontal, feet unless
substantiated data justifying steeper slopes are submitted to, and
approved by, the Floodplain Administrator; and
(e)
Be used to the extent to which it does not adversely affect
adjacent properties.
(2)
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall insure proper drainage along streets, and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
(3)
Water and sanitary sewer facilities and systems.
(a)
All new or replacement water supply and sanitary sewer facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(c)
No part of any on-site sewage system shall be located within
any Floodplain Conservation District 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.
(d)
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.
(4)
Other utilities. All other utilities such as gas lines, electrical
and telephone systems shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
(5)
Streets. The finished elevation of all new streets shall be no more
than one foot below the regulatory flood elevation.
(6)
Storage. All materials that are buoyant, flammable, explosive, or in times of flooding could be injurious to human, animal, or plant life, and not listed in § 230-13B(2)(b), Development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
(7)
Placement of buildings and structures. All buildings and structures
shall be designed, located, and constructed 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 floodwater.
(8)
Anchoring.
(a)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
(b)
All air ducts, large pipes, storage tanks, and other similar
objects or components located below the regulatory flood elevation
shall be securely anchored or affixed to prevent flotation.
(9)
Floors, walls and ceilings.
(a)
Wood flooring used at or below the regulatory flood elevation
shall be installed to accommodate a lateral expansion of the flooring,
perpendicular to the flooring grain without causing structural damage
to the building.
(b)
Plywood used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
Walls and ceilings at or below the regulatory flood elevation
shall be designed and constructed of materials that are water-resistant
and will withstand inundation.
(d)
Windows, doors, and other components at or below the regulatory
flood elevation shall be made of metal or other water-resistant material.
(10)
Paints and adhesives.
(a)
Paints and other finishes used at or below the regulatory flood
elevation shall be of marine or water-resistant quality.
(b)
Adhesives used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
All wooden components (doors, trim, cabinets, etc.) shall be
finished with a marine or water resistant paint or other finishing
material.
(12)
Equipment. Water heaters, furnaces, air conditioning and ventilating
units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation.
(13)
Fuel supply systems. All gas and oil supply systems shall be
designed to prevent the infiltration of floodwaters into the system
and discharges from the system into floodwaters. Additional provisions
shall be made for the drainage of these systems in the event that
floodwater infiltration occurs.
(14)
Uniform Construction Code coordination. The standards and specifications
contained in ASCE 24 and 34 Pa. Code (Chapters 401-405), as amended
and not limited to the following provisions shall apply to the above
and other sections and subsections of this article, to the extent
that they are more restrictive and/or supplement the requirements
of this article.
A.
Designation of the Floodplain Administrator. The Planning and Zoning
Director within the Planning and Zoning Department is hereby appointed
to administer and enforce this article and is referred to herein as
the Floodplain Administrator.
B.
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 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 U.S. 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 issues 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/her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises
or development in the Floodplain Conservation District, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this article.
(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 for whatever action it considers
necessary.
(7)
The Floodplain Administrator shall maintain all records associated
with the requirements of this article including, but not limited to,
permitting, inspection and enforcement.
(8)
The Floodplain Administrator shall consider the requirements of § 230-15C(14).
C.
Application procedures and requirements.
(1)
Application for such a permit shall be made, in writing, to the Floodplain
Administrator on forms supplied by the Township of Montgomery. Such
application shall contain the following:
(a)
Name and address of applicant.
(b)
Name and address of owner of land on which proposed construction
is to occur.
(c)
Name and address of contractor.
(d)
Site location including address.
(e)
Listing of other permits or variances required.
(f)
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.
(2)
If any proposed construction or development is located entirely or
partially within any Floodplain Conservation District, applicants
for permits shall provide all the necessary information in sufficient
detail and clarity to enable the Floodplain Administrator to determine
that:
(a)
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.
(b)
All utilities and facilities, such as sewer, gas, electrical
and water systems are located and constructed to minimize or eliminate
flood damage.
(c)
Adequate drainage is provided so as to reduce exposure to flood
hazards.
(d)
Structures will be anchored to prevent floatation, collapse,
or lateral movement.
(e)
Building materials are flood-resistant.
(f)
Appropriate practices that minimize flood damage have been used.
(g)
Electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service facilities have been designed and/or
located to prevent water entry or accumulation.
(3)
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:
(a)
A completed permit application form.
(b)
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:
[1]
North arrow, scale, and date;
[2]
Topographic contour lines, if available;
[3]
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development;
[4]
The location of all existing streets, drives, and other accessways;
and
[5]
The location of any existing bodies of water or watercourses,
the Floodplain Conservation District, and, if available, information
pertaining to the floodway, and the flow of water including direction
and velocities.
(4)
Plans of all proposed buildings, structures and other improvements,
drawn at a scale of one inch being equal to 100 feet or less showing
the following:
(a)
The proposed lowest floor elevation of any proposed building
based upon North American Vertical Datum of 1988;
(b)
The elevation of the base flood;
(c)
Supplemental information as may be necessary under § 230-15C(14).
(5)
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 elevation; and detailed information concerning any
proposed floodproofing measures and corresponding elevations.
(b)
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 elevation.
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.
(c)
Detailed information needed to determine compliance with § 230-15C(6), Storage, and § 230-13B(2)(b), Development which may endanger human life, including:
[1]
The amount, location and purpose of any materials or substances referred to in §§ 230-13B(2)(b) and 230-15C(6) which are intended to be used, produced, stored or otherwise maintained on site.
[2]
A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in § 230-13B(2)(b) during a base flood.
(d)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
(e)
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.
(6)
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 Administration.
D.
Review by County Conservation District. A copy of all applications
and plans for any proposed construction or development in any Floodplain
Conservation District to be considered for approval shall be submitted
by the Floodplain Administrator to the County Conservation District
for review and comment prior to the issuance of a permit. The recommendations
of the Conservation District shall be considered by the Floodplain
Administrator for possible incorporation into the proposed plan.
E.
Review of application by others. A copy of all plans and applications
for any proposed construction or development in any Floodplain Conservation
District 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.
F.
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 Floodplain Administrator for
consideration.
G.
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 and the date of its issuance and shall be signed
by the Floodplain Administrator.
H.
Start of construction.
(1)
Work on the proposed construction shall begin within 180 days after the date of issuance and shall 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 term "start of construction" shall be understood as defined in § 230-5 of this chapter.
(2)
Time extensions shall be granted only if a written request is submitted
by the applicant, which sets forth sufficient and reasonable cause
for the Floodplain Administrator to approve such a request.
A.
Violation. A structure or other development not fully compliant with
the community's floodplain management regulations is in violation
of this article. 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.
B.
Notice. 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 article, or of any regulations adopted pursuant thereto, the Floodplain Administrator shall give notice of such alleged violation as hereinafter provided. Such notice shall be in accordance with Article XXV of this chapter.
C.
Penalties.
(1)
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 pay a fine in accordance with Article XXV of this chapter.
(2)
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 and 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.
No vacant land shall be occupied or used and no building hereafter
erected, altered or moved on the floodplains of any creek or stream
shall be occupied until a certificate of compliance shall have been
issued by the Code Enforcement Officer. The Code Enforcement 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 Code Enforcement Officer shall, within 10 days after
receipt of such certification from the applicant, issue a certificate
of compliance only if the building or premises and the proposed use
thereof conform with all the requirements of this article.
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, guaranty or warranty of any
kind by the municipality or by any official or employee thereof of
the practicability or safety of the proposed use and shall create
no liability upon Montgomery Township, its officials or employees.
The degree of flood protection intended to be provided by this article
is considered reasonable for regulatory purposes and is based on engineering
and scientific methods of study. This article is not intended to 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.
