Township of Lower Providence, PA Article I General Provisions

§ 86-100 Intent.

The intent of this chapter is to:

A. Protect areas of the floodplain necessary to contain floodwaters.

B. Permit only those uses in the floodplain that are compatible with preserving natural conditions and stream flow.

C. Promote the general health, welfare, and safety of the community by preventing development in areas prone to flooding.

D. Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.

E. Minimize danger to public health by protecting water supply and natural drainage.

F. Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding.

G. Comply with federal and state floodplain management requirements.

§ 86-101 Applicability.

A. Floodplain Conservation District defined. The Floodplain Conservation District ("FCD") is defined and established as the district applicable to those areas of Lower Providence Township subject to inundation by the waters of an one-hundred-year flood as delineated on the FIRM for Lower Providence Township, Montgomery County, Pennsylvania, as issued by FEMA, dated March 2, 2016 or the most recent revision thereof. Said floodplain areas shall consist of the following specific areas:

(1) Zone AE;

(2) Zone A;

(3) Alluvial soils in accordance with the following:

(a) Alluvial soils are those soils delineated as such by the USDA-NRCS Web-Based Soil Survey (available online at http://websoilsurvey.nrcs.usda.gov/), including, but not limited to, the following soils:

[1] Bowmansville-Knauers silt loams (Bo);

[2] Croton silt loam, occasionally ponded, 0% to 3% slopes (CrA)'

[3] Rowland silt loam, 0% to 3% slopes (RwA); and

[4] Urban land occasionally flooded (UlA).

(b) At its discretion, the Board of Supervisors may recognize a soils analysis prepared by a licensed soil scientist for specific alluvial soils delineation for an individual site and may allow this study to supersede the delineation shown for that site on the USDA-NRCS website; and

(4) Community identified flood hazard areas in accordance with Article III of this chapter relating to Community Identified Flood Hazard Areas Zone.

B. In lieu of the above, the Township may require the applicant to determine if the FCD covers the site with hydrologic and hydraulic analyses in accordance with the subsection below relating to hydrologic and hydraulic analyses and this chapter.

C. The FCD shall be delineated according to FEMA's FIRMs which are hereby made a part of this chapter, and along with any additional areas based on soils as described above in this section. The FIRMs are available for inspection of any interested party during office hours at the Township's offices.

D. The FCD shall be deemed an overlay on any zoning district set forth in Chapter 143 of the Code of the Township of Lower Providence. Additionally, the FCD shall be known as and may be cited as the "Floodplain Conservation District" or "FC" in Chapter 143.

E. It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within the FCD unless a floodplain permit has been obtained from the Floodplain Administrator. A floodplain permit shall not be required, however, for minor repairs to existing buildings or structures.

F. Hydrologic and hydraulic analyses. When required, hydrologic and hydraulic analyses shall be undertaken only by a Pennsylvania licensed professional engineer or other professional of demonstrated and applicable qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township and PA DCED as applicable.

G. Unless specified elsewhere in this chapter, references to the FIRMs shall include FIRMs dated March 2, 2016 and issued by the FEMA, or the most recent revision thereof, including all digital data developed as part of the FIS.

§ 86-102 Abrogation and greater restrictions.

This Chapter 86 supersedes any other conflicting provisions which may be in effect in the FCD. However, any other chapter, code, or ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this chapter, the more restrictive shall apply.

§ 86-103 Warning and disclaimer of liability.

A. The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside the FCD or that land uses permitted within such areas will be free from flooding or flood damages.

B. This chapter shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.