The intent of this chapter is to:
A.
Protect areas of the floodplain necessary to contain floodwaters.
B.
To 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.
A.
The Floodplain Conservation District is defined and established as
a district applicable to those areas of Upper Pottsgrove Township
subject to inundation by the waters of the one-percent-annual-chance
flood, as delineated on the Flood Insurance Rate Map (FIRM) for Montgomery
County, Pennsylvania, as prepared by the Federal Emergency Management
Agency, dated 3-2-2016, and subsequent revisions thereto. Said floodplain
areas shall consist of the following specific areas:
(1)
Any and all zones designated on the FIRM, referenced above, as Zones
A and/or AE.
(2)
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 the following soils:
B.
In lieu of the above, Upper Pottsgrove 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 Township.
C.
The Floodplain Conservation District shall be delineated according to FEMA's Flood Insurance Rate Map (FIRM) for Upper Pottsgrove Township, which is hereby made a part of this article, and additional area based on soils as described in Subsection A(2). The FIRM is available for inspection at the municipal office.
D.
The Floodplain Conservation District shall be deemed an overlay on
any zoning district now or hereafter applicable to any lot.
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 Upper Pottsgrove Township unless a permit has been
obtained from the Floodplain Administrator.
F.
A permit shall not be required for minor repairs to existing buildings
or structures.
This chapter 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 chapter, the
more restrictive shall apply.
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 Floodplain Conservation District, 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 Upper Pottsgrove
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.
