Township of Lower Gwynedd, PA Article II General Provisions

§ 1290.02 Intent.

In addition to the purpose and statement of community development objectives found in this Zoning Code, the specific intent of the "FP" Floodplain Conservation District shall be to protect areas of floodplain subject to and necessary for the containment of floodwaters, and to permit and encourage the retention of open space land uses which will be so located and utilized as to constitute a harmonious and appropriate aspect of the continuing physical development of the Township. Furthermore, in light of the Township's certification as eligible for federal flood insurance, it is the intent of such District to provide adequate protection for flood-prone properties within the Township. In advancing these principles and the general purpose of this Zoning Code and the Comprehensive Plan, the following shall be specific objectives of the "FP" Floodplain Conservation District:

(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 Township 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 Township, its governmental units, and its residents, by preventing excessive development in areas subject to flooding.

(g) Comply with federal and state floodplain management requirements.

§ 1290.03 Applicability.

The Floodplain Conservation District is defined and established as a district applicable to those areas of the Township subject to inundation by the waters of the one-percent-annual-chance flood (one-hundred-year flood) consisting of the following specific areas:

(a) Areas delineated on the Flood Insurance Rate Map (FIRM) for Montgomery County, Pennsylvania, as prepared by the Federal Emergency Management Agency, dated March 2, 2016, and subsequent revisions thereto. Said floodplain areas are identified in Article IV of Chapter 1290 and consist of the following specific areas:

(1) Floodway.

(2) A Zone.

(3) AE Zone without Floodway.

(4) AE Zone adjacent to defined Floodway.

(b) In lieu of the mapping provided for above, the 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 deemed an overlay on any zoning district now or hereafter applicable to any lot.

(d) 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 special flood hazard area of Lower Gwynedd Township unless a permit has been obtained from the Floodplain Administrator.

(e) A permit shall not be required for minor repairs to existing buildings or structures.

(f) Except where this chapter prescribes a greater setback due to the boundaries of the floodplain, the minimum setback from any watercourse for a structure shall be equal to the horizontal distance from the top-of-bank of the watercourse, extended to a point at which the elevation is one foot above the elevation of the top-of-bank, as verified by the Township Engineer.

§ 1290.04 Abrogation and greater restrictions.

This ordinance supersedes any other conflicting provisions which may be in effect within the Floodplain Conservation District defined by this article. However, any other such 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 Ordinance, the more restrictive shall apply.

§ 1290.05 Warning and disclaimer of liability.

(a) The degree of flood protection sought by the provisions of this Ordinance 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 Ordinance 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 Ordinance 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 Ordinance or any administrative decision lawfully made thereunder.