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Township of Lower Providence, PA
Montgomery County
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Table of Contents
Table of Contents
Code
New Laws (2) Index
Public Documents
Agendas (1)
A. 
The FCD shall be any:
(1) 
Areas of Lower Providence Township classified as SFHAs in the initial Montgomery County-wide FIS and the accompanying FIRMs dated and issued by the FEMA on March 2, 2016, or the most recent revision thereof, including all digital data developed as part of the FIS.
(2) 
Areas with alluvial soils as set forth in Article I of this chapter; and
(3) 
Community identified flood hazard areas in accordance with Article III of this chapter relating to Community Identified Flood Hazard Areas Zone.
B. 
The above referenced FIS and FIRMs, and any subsequent revisions and amendments are hereby adopted by the Township of Lower Providence and declared to be a part of this chapter.
The FCD shall consist of the following specific zones:
A. 
Floodway Zone. The Floodway Zone shall be those areas identified as floodway on the FIRMs, as well as, those areas which have been identified as floodways 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, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analyses in accordance with Article I of this chapter relating to hydrologic and hydraulic analyses, that the proposed encroachment would not result in any increase in flood levels within the Township during the occurrence of the base flood discharge.
(2) 
No new construction or development shall be allowed unless a permit is obtained from the PA DEP Regional Office.
B. 
Zone AE. Zone AE shall be those areas identified as "Zone AE" on the FIRMs included in the FIS prepared by FEMA and for which BFEs have been provided in the FIS. No floodplain permit shall be granted for any construction, development, use, or activity within any Zone AE unless it is demonstrated that the cumulative effect of the proposed development would not, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
C. 
Community Identified Flood Hazard Areas Zone. Community identified flood hazard areas shall be those areas where the 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. 
Zone A. Zone A shall be the areas identified as "Zone A" on the FIRMs 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 FCD which is nearest the construction site. In lieu of the above, the Township may require the applicant to determine the elevation with hydrologic and hydraulic analyses in accordance with Article I of this chapter relating to hydrologic and hydraulic analyses. No floodplain permit shall be granted for any construction, development, use, or activity within any Zone A unless it is demonstrated that the cumulative effect of the proposed development would not, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
The FCD may be revised or modified by the LPT BOS 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, the Township shall notify FEMA of the changes by submitting technical or scientific data.
Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Township Engineer. Any party aggrieved by this decision or determination may appeal to the LPT BOS. The burden of proof shall be on the appellant.
Prior to development occurring in areas where annexation or other corporate boundary changes are proposed or have occurred, the Township shall review flood hazard data affecting the lands subject to boundary changes. The Township 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.