In addition to the goals and objectives stated in the declaration of legislative intent found in Article I, § 250-3, and the statement of community development objectives found in Article I, § 250-5, of this chapter, the specific intent of this article shall be to prevent excessive and unusual development in areas deemed undesirable for development due to inherent natural drainage conditions and topographical features.
A.
Those areas considered undesirable are those floodplain lands subject to flooding as defined and established in § 250-38.
B.
These floodplain lands are considered those where
the following conditions are normally true:
(1)
Inhabitants are most likely to incur danger to safety,
health and welfare due to flooding conditions beyond the individual
property owner's or tenant's control or reasonable knowledge.
(2)
Development by individuals is more likely to measurably
alter existing drainage and watercourses such that neighbors upstream
and downstream are affected unwittingly and unwillingly.
(3)
Collective unregulated actions of many individuals
are more likely to endanger the public health, particularly as related
to water supply and drainage.
[Amended 12-1-1980 by Ord. No. 127-1; 12-16-1996 by Ord. No.
202]
A.
The Floodplain Conservation District is defined and
established to include the following:
(1)
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 Pottsgrove, Montgomery County, Pennsylvania,
as prepared by the Federal Insurance Administration, and those known
as "alluvial soils" by the Natural Resources Conservation Service,
U.S. Department of Agriculture, Soil Survey of Montgomery County,
1967.
(2)
The Floodplain Conservation District shall be comprised
of three subdistricts, as follows:
(a)
Floodway (FW). That portion of the Floodplain
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. Within any designated floodway
area, no construction, development, use, activity or encroachment
of any kind shall be allowed except where the effect of such proposed
activity on flood heights is fully offset by accompanying stream improvements.
(b)
Floodway Fringe (FF). Those portions of land
within the Floodplain District subject to inundation by the one-hundred-year
flood, lying beyond the floodway in areas where detailed study data
and profiles are available.
(c)
Approximated Floodplain (FA). Those portions
of lands within the Floodplain District subject to inundation by the
one-hundred-year flood where detailed study has not been performed
but where a one-hundred-year floodplain boundary has been approximated.
When available, information from other federal, commonwealth or other
acceptable sources shall be used to determine a floodway area.
B.
Studies used to establish the boundaries shall be
available in the Township Municipal Building for reference.
C.
The Floodplain Conservation District, defined above,
shall be shown on the Zoning Map and designated as the Township's
Floodplain Conservation District Map and shall be available to the
public in the municipal office.
D.
All subsequent changes made in the boundaries shall
be indicated on this map.
A.
The Floodplain Conservation District shall be deemed
an overlay on any zoning district now or hereafter applicable to any
lot.
B.
Should the Floodplain Conservation District be declared
inapplicable by allowable legislative or administrative actions or
judicial direction, the zoning applicable to such lot shall be deemed
to be the district in which it is located without consideration of
this district.
The following uses and no other shall be permitted
in the Floodplain Conservation District.
A.
Cultivation and harvesting crops according to recognized
soil conservation practices.
B.
Pasture, grazing animals according to recognized soil
conservation practices.
C.
Outdoor plant nursery or orchard according to recognized
soil conservation practices.
D.
Wildlife sanctuary, woodland preserve or arboretum.
E.
Game farms, fish hatchery or hunting and fishing reserve
for the protection and propagation of wildlife but permitting no structures.
F.
Forestry, lumbering and reforestation according to
recognized natural resources conservation practices.
G.
Front, side and rear yards and required lot area in
any district, provided that such yards are not to be used for on-site
sewage disposal systems.
H.
Pervious roads, driveways and parking areas.
I.
Normal accessory uses (excepting enclosed structures)
permitted under the usual zoning in residential districts.
[Amended 10-5-1992 by Ord. No. 127-R; 12-16-1996 by Ord. No.
202; 12-3-2007 by Ord. No. 276]
The following uses shall be permitted by the
Township Board of Commissioners as conditional uses:
A.
Commercial recreational use, whether open to the public
or restricted to private membership, such as parks, camps, picnic
areas, golf courses or fishing areas, not to include enclosed structures,
excepting toilet facilities but permitting piers, docks, floats or
shelters usually found in developed outdoor recreational areas. Any
toilet facilities, provided they are connected to public water and
sewerage systems.
B.
Outlet installations for sewage treatment plants,
sewage pumping stations with the approval of the Township Engineer
and appropriate sewer authorities.
C.
Sealed public water supply wells with the approval
of the Township Engineer.
D.
Dams, culverts and bridges with the approval of appropriate
authorities with jurisdiction, such as the Commonwealth of Pennsylvania
Department of Environmental Protection.
E.
Sanitary or storm sewers, impoundment basins, with
the approval of the Township Engineer.
F.
Impervious roads, driveways and parking areas.
G.
Grading or regrading of lands, including the deposit
of topsoil and the grading thereof, and the construction of retaining
walls. The application for a conditional use shall be accompanied
by the following:
[Amended 10-5-1992 by Ord. No. 127-R; 12-16-1996 by Ord. No.
202]
The Township Board of Commissioners shall exercise
discretion in allowing only those uses which are substantially in
accord with the stated objectives of this chapter.
A.
In considering a use for approval by a zoning change,
the Township Board of Commissioners shall consider the following:
(1)
The effect of the use shall not substantially alter
the cross-sectional profile of the streams and floodplains at the
location of the proposed use.
(2)
Adjacent stream neighbors shall not be unreasonably
affected by the proposed use.
(3)
The general welfare or public interest either of the
municipality in which the use is located or of other municipalities
in the same watershed shall not be adversely affected.
(4)
Utility and facility systems shall be constructed
so as to prevent the entrance of floodwaters into the systems. In
addition, waste treatment systems shall be designed to minimize or
eliminate discharges from the systems into the floodwaters.
B.
In considering any development or use for approval
as a conditional use, the Township Board of Commissioners shall utilize
the following standards:
(1)
No development or use shall be permitted within any
designated Floodway (FW) District that would cause any increase in
the one-hundred-year flood elevation.
(2)
Any structure permitted by a conditional use shall
include floodproofing measures according to the following criteria.
(a)
All structures shall be:
[1]
Firmly anchored in accordance with the accepted
engineering practices to prevent flotation, collapse or lateral movement.
[2]
Constructed so as to prevent the entrance of
floodwaters into the water supply and waste treatment systems as well
as other utility and facility systems. In addition, waste treatment
systems shall be designed to minimize or eliminate discharges from
the systems into the floodwaters.
(b)
All new construction shall have the lowest floor
(including basement) elevated to 1 1/2 feet above the one-hundred-year
flood elevation. A record shall be maintained of the lowest floor
elevation.
(c)
Space below the lowest floor.
[1]
Fully enclosed space below the lowest floor
(including basement) is prohibited.
[2]
Partially enclosed space below the lowest floor
(including basement) 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 "partially enclosed
space" also includes crawl spaces. Designs for meeting this requirement
must either by certified by a registered professional engineer or
architect or meet or exceed the following minimum criteria:
[a]
A minimum of two openings having
a net total area of not less than one square inch for every square
foot of enclosed space.
[b]
The bottom of all openings shall
be no higher than one foot above grade.
[c]
Openings may be equipped with screens,
louvers, etc., or other coverings or devices, provided that they permit
the automatic entry and exit of floodwaters.
(3)
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 Township
and until all required permits or approvals have been first obtained
from the Pennsylvania Department of Environmental Protection, Bureau
of Dams, Waterways and Wetlands (and/or other appropriate departments
or bureaus). In addition, the Federal Insurance Administration and
Pennsylvania Department of Community and Economic Development, Bureau
of Community Planning (and/or other appropriate department or bureaus)
shall be notified by the Township prior to the alteration of any watercourse.
[Added 12-3-2007 by Ord. No. 276]
[Amended 10-5-1992 by Ord. No. 127-R; 12-16-1996 by Ord. No.
202]
An application for a building 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 § 250-40, an application seeking approval by a conditional use shall be forwarded to the Township Board of Commissioners along with required studies or information and the findings of the Zoning Officer.
B.
Within the Floodplain Conservation District, a building
permit shall be required for all construction and development which
includes, but is not limited to, paving, filling, grading, excavation,
mining, dredging or drilling operations, or the storage of materials
or equipment, etc. Prior to the issuance of any such permit, the Zoning
Officer shall require all applications to include compliance with
all applicable state and federal laws.
[Amended 10-5-1992 by Ord. No. 127-R; 12-3-2007 by Ord. No.
276]
[Amended 12-1-1980 by Ord. No. 127-J]
Should a dispute concerning the boundaries arise
an initial determination shall be made by the Zoning Officer.
A.
Any party aggrieved by this decision claiming the criteria used for delineating the boundary in § 250-38 is or has become incorrect because of changes due to natural or other causes may appeal to the Zoning Hearing Board as provided in § 250-217 of this chapter; additionally, all actions of the Zoning Hearing Board are conditional and subject to the review and approval of the Federal Insurance Administrator, at the applicant's expense, prior to building permit issuance.
B.
The burden of proof shall be on the appellant.
C.
All approved changes in boundaries shall be made on
the Floodplain Conservation District Map. (The Zoning Map.)
[Amended 12-1-1980 by Ord. No. 127-J; 12-16-1996 by Ord. No.
202]
An existing use or structure which automatically becomes nonconforming due to the enactment of this chapter may be considered for approval by a zoning change to become a conforming use under the standards as listed in § 250-42.
A.
If any nonconforming use is discontinued or an existing
nonconforming structure remains vacant for a period of one year, the
property and structure may only be used thereafter in conformance
with this chapter.
B.
A nonconforming use or structure may expand by a zoning change by the Board of Township Commissioners and in conformance with this chapter. A nonconforming use or structure may not be rebuilt after a flood, fire or similar catastrophe if destruction is greater than 75% of the structure's market value. Where destruction is less than 75% of its market value the structure may be rebuilt without a zoning change providing any structure that is rebuilt shall have the lowest floor (including basement) elevated to 1 1/2 feet above the one-hundred-year flood elevation and in compliance with the other requirements of § 250-42B(2).
C.
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 chapter would create undue hardship for a reasonable
use of this existing lot which is either wholly or partially in the
Floodplain Conservation District may seek a variance to become a nonconforming
use.
D.
The Zoning Officer shall prepare and maintain a record of all nonconforming uses and structures in this district and shall indicate these as such on a map of the Township as set forth in § 250-213 of this chapter.
E.
When not subject to Subsection B, 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 § 250-42B(2).
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.
