MapLink™ Procedures | Special Requirements for Certain Uses

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Special Requirements for Certain Uses
The following list of uses shall require a special exception when the proposed use is located within the Floodplain Conservation District, as defined in § 300-102A herein. The use may be allowed or denied by the Zoning Hearing Board after recommendations by the Township Planning Commission, pursuant to the standards set forth in these regulations:

A. A game farm, fish hatchery or hunting and fishing preserve for the protection or propagation of wildlife, but permitting no structures.

B. A commercial recreation use, whether open to the public or restricted to private membership, such as parks, camps, picnic areas, golf courses or fishing, sport or boating clubs, not to include enclosed structures excepting toilet facilities, but permitting piers, docks, floats or shelters usually found in developed outdoor recreation areas. Any toilet facilities provided shall be connected to public water and sewage systems and subject to the floodproofing regulations in applicable ordinances.

C. The grading or regrading of lands located in areas described by § 300-102A(1)(b)(c) and (3) herein, and the construction of retaining walls shall be performed in accordance with all of the following, unless any specific criterion is determined to be inapplicable by the Zoning Hearing Board:

(1) The applicant must provide a road impact analysis of the existing roads leading to the site. The road impact analysis must document the existing condition of all existing roads that will be used by trucks and other vehicles and equipment used to haul the fill material to the fill site and for the grading thereof. This documentation must include a written report, as well as an existing conditions video, and this documentation must be in a form satisfactory to the Township Engineer. Prior to the commencement of fill/grading activities, the applicant must provide an escrow to the Township sufficient to ensure the repair of all damage to the existing roads.

(2) Operation at the site shall be restricted to the hours from 7:00 a.m. to 5:00 p.m., Monday through Friday, and from 9:00 a.m. to 4:00 p.m. on Saturdays. No operation on the site shall be performed on Sundays.

(3) The applicant will be required to control noise levels at the site to Township-required levels.

(4) The applicant must obtain approval of an erosion and sedimentation control plan for the fill site from the Montgomery County Conservation District. The applicant will be required to implement and maintain the approved erosion and sedimentation control plan for the project site at all times.

(5) The applicant must obtain approval for the filling and grading of areas designated as floodplains from the Pennsylvania Department of Environmental Protection (DEP) as a prerequisite to the Township's grant of a special exception.

(6) The applicant must perform a wetland investigation of the project site as a prerequisite to the Township's grant of a special exception and prior to the commencement of any fill operation. The applicant shall submit a report to the Township certifying that no wetlands are present in the proposed fill area. If wetlands are present, the applicant must provide to the Township copies of all permits allowing the filling of the wetland or waters of the United States from all applicable agencies having jurisdiction over wetlands or waters of the United States as a prerequisite to the Township's grant of a special exception.

(7) As a prerequisite to the Township's grant of a special exception, the applicant must submit detailed floodplain calculations to the Township Engineer demonstrating that the postfill condition of the floodplain will not adversely impact the flood levels during a 100-year storm event and are within the limits established by FEMA. Such calculations shall be in a form satisfactory to the Township Engineer.

(8) The applicant must make application to and obtain from FEMA a conditional letter of map revision (CLOMR) as a prerequisite to the Township's grant of a special exception. The applicant shall supplement this application with an as-built plan confirming the actual map revision to FEMA within 30 days after the site has been stabilized.

(9) The duration of the filling/grading operation shall not exceed six months; however, if the Township Engineer determines that special circumstances exist, the time frame may be extended for a period of time deemed appropriate by the Township Engineer, but in no event shall the time period exceed 12 months.

(10) The applicant shall make application to Upper Providence Township for a grading permit in accordance with the Code of the Township of Upper Providence, Chapter 178, Grading and Excavation, as part of the special exception application. The Township Engineer shall not issue a grading permit unless the applicant has first obtained a special exception to allow the proposed grading.

D. All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is lesser, in identified floodplain areas where BFE data are not available, shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format supported by FEMA for a conditional letter of map revision and letter of map revision. Submittal requirements and processing fees shall be the responsibility of the applicant.

E. Other uses similar to those above.