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TOWNSHIP OF UPPER PROVIDENCE
ORDINANCE NO.435
AN ORDINANCE OF THE TOWNSHIP OF UPPER PROVIDENCE, DELAWARE COUNTY,
PENNSYLVANIA, AMENDING SECTIONS 1256.03
TABLE A ADDING A FLOOD
PLAIN USE DESIGNATION LISTING PERMITTED USES, NOT PERMITTED USES,
USES PERMITTED BY SPECIAL EXCEPTION AND USES PERMITTED BY
CONDITIONAL USE IN A FLOOD PLAIN AREA; AMENDING CHAPTER 1270 ADDING
SECTION 1270.04.1 ADOPTING TABLE A OF SECTION 1256.03; PROVIDING
THAT USE IN A FLOOD PLAIN AREA MUST ALSO BE A PERMITTED USE IN THE
ZONING DISTRICT IN WHICH THE FLOOD PLAIN AREA IS LOCATED; AMENDING
SECTION 1270.23A PERTAINING TO ACCESS TO RESIDENTIAL STRUCTURES AND
AMENDING SECTION 1270.23B PERTAINING TO ACCESS TO NON RESIDENTIAL
STRUCTURES.
BE IT ENACTED AND ORDAINED AS FOLLOWS:
Section 1. From and after the passage of this Ordinance, Section
1256.03 Table A, Permitted Uses, shall be amended to add Flood
Plain Use designating for each use on the Table whether it is
Permitted, Not Permitted, Permitted by Special Exception or
Permitted by Conditional Use in a Flood Plain area which
Table is
attached hereto.
Section 2. From and after the passage of this Ordinance, Chapter
1270 shall be amended to add Section 1270.04.1 as follows:
1270.04.1. Permitted Uses in Flood Plain Area.
(a) The uses designated in Section 1256.03 Table A,
under Flood Plain Use, are uses which are permitted by right,
special exception or conditional use in a flood plain area and uses
not permitted in a flood plain area.
(b) A use permitted in flood plain area must also be
a permitted use in the zoning district in which the flood plain
area is located.
Section 3. From and after the passage of this Ordinance, Section
1270.23(a) shall be amended to add the following:
(1) Access to Residential Structures.
Free and clear access to residential
structures shall be maintained at a minimum
of one foot above the 100-year flood elevation.
(2) In the event that the cartway (public or
private) which serves the subject lot or
tract is situate below the 100-year flood
elevation, provisions for improvements
to the existing cartway must be made
before approval of any subdivision, land
development, grading, storm water management,
building, or use and occupancy permits are
issued.
(3) In the event that an emergency access (which
maintains one-foot access over the 100-year
floodplain) is available to the site,
improvements to the existing cartway may be
waived by a Special Exception from the
Zoning Hearing Board, upon recommendation
from the Planning Commission.
Section 4. From and after the passage of this Ordinance, Section
1270.23(b) shall be amended to add the following:
(3) Access to Nonresidential Structures.
Free and clear access to nonresidential
structures shall be maintained at a minimum
of one foot above the 100-year flood elevation.
(4) In the event that the cartway (public or
private) which serves the subject lot or
tract is situate below the 100-year flood
elevation, provisions for improvements to
the existing cartway must be made before
approval of any subdivision, land development,
grading, storm water management, building,
or use and occupancy permits are issued.
(5) In the event that an emergency access (which
maintains one-foot access over the 100 year
floodplain) is available to the site,
improvements to the existing cartway may be
waived by a Special Exception from the Zoning
Hearing Board, upon recommendation from the
Planning Commission.
Section 5. All ordinances or parts of ordinances inconsistent
herewith are hereby repealed.
Section 6. This Ordinance shall become effective five (5) days
after passage.
ENACTED AND ORDAINED this day 8th of , May 2008.
To View the TABLE A: PERMITTED USES click here
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