MapLink™ Procedures | Boundary Disputes and Appeals Procedure

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Boundary Disputes and Appeals Procedure
A. Should a dispute concerning any identified floodplain boundary area arise, an initial determination shall be made by Upper Providence Township, and any party aggrieved by this decision or determination may appeal to the Township Zoning Hearing Board. The burden of proof shall be on the applicant.

B. Any party aggrieved by the decision of the Zoning Officer as to the boundaries of the Floodplain Conservation District as defined above, which may include the grounds that said map referred to therein is or has become incorrect because of changes due to natural or other causes or changes indicated by future detailed hydrologic and hydraulic studies, may appeal to the Zoning Hearing Board as provided in Article II of this chapter and §§ 300-114300-115 and 300-116 herein. The burden of proof in such an appeal shall be on the appellant.

C. Insofar as various natural conditions, including the Floodplain Conservation District as herein defined, may change, such changes may be validated by detailed on-site survey techniques approved by the United States Army Corps of Engineers, Philadelphia District. Whether a proposed use is within the Floodplain Conservation District shown on the Floodplain Conservation District Map shall, upon appeal from the decision of the Zoning Officer, be determined by the Zoning Hearing Board upon receipt of the findings of the detailed on-site survey by the petitioner. The Zoning Hearing Board, in addition to other evidence and standards, may consider the recommendations of the Township Planning Commission and the validation of the United States Army Corps of Engineers, Philadelphia District, and/or other municipal agencies.

D. The Zoning Hearing Board shall request a review and recommendation of the Natural Resources Conservation Service at least 30 days prior to the public hearing.

E. All changes to the boundaries of the Floodplain Conservation District are subject to the review and approval of the Federal Insurance Administrator.