The purpose of these provisions is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:

A. Regulating uses, activities and development which, acting alone or in combination with other existing or future uses, activities and development, will cause increases in flood heights, velocities and frequencies;

B. Restricting or prohibiting certain uses, activities and development from locating within areas subject to flooding;

C. Requiring all those uses, activities and developments that do occur in floodprone areas to be protected and/or floodproofed against flooding and flood damage; and

D. Protecting individuals from. buying lands and structures which are unsuited for intended purposes because of flood hazards.

These provisions shall apply to all lands within Solebury Township and shown as being located within the boundaries of the designated Flood Plain Conservation District which is considered as an overlay to and part of the Official Zoning Map.

No structure or land shall hereafter be used and no structure shall be located, relocated, constructed, reconstructed, enlarged or structurally altered except in full compliance with the terms and provisions of this Ordinance and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this Ordinance.

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 on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This Ordinance does not imply that areas outside the Flood Plain Conservation District, or that land uses permitted within such district will be free from flooding or flood damages. 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.

A. Description of District

1. Basis of District. The Flood Plain Conservation District shall include areas subject to inundation by waters of the one hundred (100) year flood. The basis for the delineation of this District shall be the current Flood Insurance Study for the Township prepared by the Federal Insurance Administration.

2. In those areas of the Township which are not included within the aforementioned Flood Insurance Study, the Flood Plain Conservation District shall be defined as that area including all soils mapped by the Soil Survey of Bucks and Philadelphia Counties, Pennsylvania prepared by the Soils Conservation Service, as alluvial soils, including but not limited to, Alton Gravelly Loam, flooded; Bowmansville Silt Loam; Hatboro Silt Loam; Marsh; Pope Loam and Rowland Silt Loam. The boundaries of the Flood Plain Conservation District shall not be revised by a reclassification of the soils on the site by a soil scientist, whether or not the reclassification is approved by the Soil Conservation Service.

A.flood plain shall be established for every watercourse which affects the property under study by the "Procedure for Applicant wishing to challenge, Flood Plain District Conservation Boundaries" whether or not flood plain soils are present, as all watercourses have a definable one hundred (100) year flood plain.

3. Any property owner who is aggrieved by the aforementioned determination of the. flood plain in those areas not included within the Flood Insurance Study may submit to the Township a flood plain study for a one hundred (100) year flood, conducted in accordance with the standards of the Federal Emergency Management Agency's Type 15 Flood Insurance Study, for the Township's review. The Township may, within its sole discretion, adopt the landowner's flood plain study or reject it; the Township's decision in this regard being considered final. The flood plain study shall conform to the requirements of the "Procedure for Applicant Wishing to Challenge Flood Plain Boundaries" which is attached to this Article as Exhibit A and is incorporated in this Article by reference.

4. The Flood Plain Conservation District is delineated for purposes of this Ordinance using the criterion that a certain area must be capable of carrying the waters of the one hundred (100) year flood without increasing the water surface elevation of that area.

5.Overlay Concept

a. The Flood Plain Conservation District described above shall be an overlay to the existing underlying districts as shown on the Zoning Map; and, as such, the provisions for the Flood Plain Conservation District shall serve as a supplement to the underlying district provisions.

b. Where there happens to be any conflict between the provisions or requirements for the Flood Plain Conservation District and those of any underlying district, the more restrictive provisions shall apply.

c. In the event any provision concerning the Flood Plain Conservation District is declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying district provision shall remain applicable.

The boundaries of the Flood Plain Conservation District are established as part of and as an overlay to the Zoning Map of the Township.

The delineation of the Flood Plain Conservation District may be revised by the board of supervisors where natural or manmade changes have occurred and/or more detailed studies are conducted or undertaken by the U.S. Army Corps of Engineers, the Delaware river Basin Commission, or other qualified agency or individual. However, prior to any such change, approval must be obtained from the Federal Insurance Administration (FIA) or the Federal Emergency Management Agency (FEMA) for those flood districts as described in Section 1404.A.1.1

Initial interpretations of the boundaries of the Flood Plain Conservation District shall be made by the Zoning Officer. Should a dispute arise concerning the boundaries of the District, the Zoning Hearing Board shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence if he so desires.

A. All uses, activities and development occurring within the Flood Plain Conservation District shall be undertaken only in strict compliance with the provisions of this Ordinance and with all other applicable codes and ordinances, such as the Township Building Code and the Township Subdivision and Land Development Ordinance. In addition, all such uses, activities and the development shall be undertaken only in compliance with federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334; the Pennsylvania Sewage Facilities Act (Act 537); the Pennsylvania Dam Safety and Encroachment Act (Act 325) and the Pennsylvania Clean Streams Act (Act 394).

B. Under no circumstances shall any use, activity and/or development lower the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system.

C. Prior to any proposed alteration or relocation of any stream, water course, etc., within the municipality, a permit shall he obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands. Further, notification of the proposal by the Township shall be given to all affected adjacent municipalities. Copies of such notification shall be forwarded to both the Federal Emergency Management Administration and the Pennsylvania Department of Community and Economic Development.

D. In the Flood Plain Conservation District, no development shall be permitted except where any rise in flood heights caused by the proposed development will be fully offset by accompanying improvements which have been approved by all appropriate local, State and Federal authorities as required above.

E. Use Regulations

1. Permitted Uses. In the Flood Plain Conservation District, only the uses and activities set forth in Subsections E.2. and E.3. below are permitted. All other uses and activities are specifically prohibited.

2. Uses Permitted by Right. The following uses and activities are permitted, provided that they: are in compliance with the provisions of the underlying district; are not prohibited by any other ordinance; do not require structures, fill or storage of materials and equipment; and that no building shall be placed within twenty-five (25) feet of the boundary of any Flood Plain Conservation District:

a. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting;

b. Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horseback riding trails, wildlife and natural preserves, game farms, fish hatcheries and hunting and fishing areas;

c. Accessory residential uses such as yard areas, gardens, play areas and pervious parking areas;

d. Accessory commercial uses - yard areas, pervious parking and loading areas.

3. Uses permitted by Special Exception. or Conditional Use. The following uses and activities may be permitted by Special Exception or Conditional Use provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other Ordinance. Applications shall be by Conditional Use to the Board of Supervisors for all lots and parcels of land where either a land development or subdivision is required. Existing lots being developed without a land development or subdivision shall proceed by application for a special exception before the Zoning Hearing Board.

a. Utilities, Public Facilities and Improvements such as railroads, streets and bridges which cross the flood plain, transmission lines, pipe lines and other similar or related uses;

b. Water-related Uses and Activities such as marinas, docks, wharves, piers, and the like,

c. Temporary Uses such as circuses, carnivals and similar activities;

d. Storage of Materials and Equipment provided that they are not buoyant, flammable, explosive or polluting, and are not subject to major damage by flooding, and provided that such material and equipment is firmly anchored to prevent flotation or movement, and/or can be readily removed from the area within the time available after flood warning;

e. Other Similar Uses and Activities provided they cause no increase in flood heights and/or velocities. All uses, activities and structural developments shall be undertaken in strict compliance with the floodproofing provision contained in all other applicable codes and ordinances.

4. Expansion of Existing Buildings or Structures. When permitted as a variance by the Zoning Hearing Board, any building or structure within the Flood Plain at the time of enactment of the Ordinance may be altered or extended, provided that:

a. The alteration or extension conforms with all applicable regulations of this Ordinance.

b. Any increase in volume or area shall not exceed an aggregate of more than twenty-five percent (25%) of such volume or area during the life of the structure.

c. No increase of any on-lot sewer system presently located either wholly or partially in the Flood Plain shall be permitted.

5. Prohibition of Development Which May Endanger Human Life

a. In accordance with the Pennsylvania Flood Plain Management Act and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances or which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume or any amount of radioactive substances) of any of the following dangerous materials or substances on the premises, shall be prohibited in any identified Flood Plain:

1) Acetone

2) Ammonia

3) Benzene

4) Calcium carbide

5) Carbon disulfide

6) Celluloid

7) Chlorine

8) Hydrochloric acid

9) Hydrocyanic acid

10) Magnesium

11) Nitric. acid And oxides of nitrogen

12) Petroleum products (gasoline, fuel oil, etc.)

13. Phosphorus

14) Potassium

15) Sodium

16) Sulphur and sulphur products

17) Pesticides (including insecticides, fungicides and rodenticides)

18) Radioactive substances, insofar as such substances are not otherwise regulated

A. An Applicant for a Special Exception, Variance or Conditional Use shall comply with the "Procedure for Applicant Requesting a Special Exception, Variance or Conditional Use from the Requirements of Article 14, Flood Plain District, of the Solebury Township Zoning Ordinance", which is attached to this Article as Exhibit B and is hereby incorporated in this Article by reference. In passing upon applications for Special Exceptions, Variances or Conditional Uses, the Zoning Hearing Board, (in the case of a special Exception of Variance) and the Board of Supervisors, (in the case of a Conditional Use), shall consider the materials submitted, together with all relative factors and procedures as specified in all other sections of the Zoning Ordinance and Subdivision and Und Development Ordinance, as well as the following:

1. The danger to life and property due to increased flood heights or velocities caused by encroachments. No special Exception or Conditional Use shall be granted for any proposed use, development or activity that will cause any increase in flood levels in the Flood Plain Conservation District as delineated and referenced in the flood insurance study. If no flood insurance study was performed in the area of development, a rise of one (1) foot above the natural flood elevation will be allowed, provided that the rise is contained within the property limits of the Applicant.

2. The danger that materials may be swept into other lands or down-stream to the injury of others.

3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.

4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.

5. The importance of the services provided by the proposed facility to the community.

6. The requirements of the facility for a waterfront location.

7. The availability of alternative locations not subject to flooding for the proposed use.

8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

9. The relationship of the proposed use to the Comprehensive Plan and flood plain management program for the area.

10. The safety of access to the property by ordinary and emergency vehicles in times of flood.

11. The expected heights, velocity, duration, rate of rise and sediment transport of the flood water at the site

12. The Zoning Hearing Board (in the case of a Special Exception or Variance), or the Board of Supervisors (in the case of a Conditional Use) may request additional studies be performed by, or under the direction of, the Township Engineer for further technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for protection and other related matters. All costs, charges and expenses shall be paid by the Applicant.

13.Special Exceptions, Variances and/or Conditional Uses shall only be issued after the Zoning Hearing Board (in the case of a Special Exception or Variance) or the Board of Supervisors (in the case of a Conditional Use) has determined that the granting of such will not result in:

a. Increases in flood heights;

b. Additional threats to public safety;

c. Extraordinary public expense;

d. Creation of nuisances;

e. Fraud or victimization of the public;

f. Conflict with local laws or ordinances; or

g. Modification greater than that necessary to obtain relief.

14.Whenever a Variance, Special Exception or Conditional Use is granted, the Township shall notify the Applicant in writing that the Township disclaims any and all liability and that the Applicant bears whatever risks exist since:

a. The granting of the Variance, Special Exception or Conditional Use may result in increased premium rates for flood insurance;

b. Such Variance, Special Exception or Conditional Use may increase the risks to life and property.