Township of Lower Providence, PA Article IV Uses Permitted in the FCD

§ 86-400 Uses permitted by right.

The following uses are permitted by right in the FCD in compliance with the requirements of this chapter:

A. Any required yard setback. There is however a requirement that all buildings be set back a minimum of 10 feet from the limit of the FCD.

B. Open space uses that are primarily passive in character shall be permitted to extend into the floodplain including:

(1) Wildlife sanctuaries, nature preserves, forest preserves, fishing areas, passive areas of public and private parklands, and reforestation; and

(2) Streambank stabilization.

C. Forestry operations approved by the MCCD.

D. Floodplain crossings. The following floodplain crossings are permitted:

(1) Agricultural crossings by farm vehicles and livestock; and

(2) Driveways, roadways, recreational trails, and railroads provided that the applicant can show no impacts on flood heights. The cross section of any watercourse shall not be altered to the extent that there will be any expansion of the floodplain area onto any adjacent lands, including public rights-of-way, without the grant of easement from the adjoining owner. These crossings must demonstrate safe passage of the public. The Township shall consider the quality of any available or proposed emergency access route when deliberating on the requirements of safe passage.

(3) Public sewer and/or water lines, public utility transmission lines, and other similar utilities provided that the applicant can show no impacts on flood heights. The cross section of any watercourse shall not be altered to the extent that there will be any expansion of the floodplain area onto any adjacent lands, including public rights-of-way, without the grant of easement from the adjoining owner.

E. Agricultural uses conducted in compliance with methods prescribed in the most recent version of PA DEP's Erosion and Sediment Pollution Control Manual or riparian corridor or watercourse conservation standards or similar regulations adopted by the Township.

§ 86-401 Uses prohibited in FCD.

The following uses are prohibited in the FCD:

A. No new construction, alteration, or improvement of buildings and any other type of permanent structure, including fences shall be permitted in the floodway.

B. Placement of fill within any designated floodway.

C. Encroachment into any watercourse, except that permitted as set forth in this article relating to floodplain crossings.

D. Clearing of any existing vegetation, except where such clearing is necessary to prepare land for a use permitted as set forth in this article relating to uses permitted by right or uses permitted by conditional use, and where the effects of these actions are mitigated by reestablishment of vegetation.

E. Use of fertilizers, pesticides, herbicides, and/or other chemicals by nonagricultural uses.

F. Roads or driveways within Zone AE or Zone A, except where permitted as corridor crossings set forth in this article relating to floodplain crossings.

G. Motor or wheeled vehicle traffic in any area not designed to accommodate adequately the type and volume.

H. Subsurface sewage disposal areas.

I. Sod farming.

§ 86-402 Uses permitted by conditional use in FCD.

A. The following uses are permitted by conditional use in the alluvial soils portion of the FCD that are not located within Zone AE or Zone A. The establishment of these uses shall be in compliance with the applicable requirements of this chapter and Chapter 143, Zoning:

(1) Regrading of lands.

(2) Earthen fill.

(3) Parking lots.

(4) Removal of vegetation as part of a floodplain enhancement plan made part of a land development application.

(5) Retaining walls.

(6) Roads or driveways.

(7) Stormwater basins and stormwater outfall structures.

B. The following uses are permitted by conditional use in the FCD, except the floodway. The establishment of these uses shall be in compliance with the applicable requirements of this chapter and Chapter 143, Zoning:

(1) Recreational trails.

(2) Public sewer and/or water lines and public utility transmission lines running along the corridor.

§ 86-403 Additional requirements of proof to qualify for conditional use approval.

A. The stormwater storage volume is the amount of stormwater held within the floodplain area on the site up the RFE. There shall be no net decrease of the stormwater storage volume in the FCD caused by any proposed activity seeking conditional use approval.

B. There shall be no calculated increase in flood height at either the up or down stream project boundary. Evidence confirming this fact shall be provided through a hydrologic and hydraulic analyses conducted in accordance with the provisions of this chapter.

C. The cross section of any watercourse shall not be altered to the extent that there will be any expansion of the floodplain area onto any adjacent lands, including public rights-of-way, without the grant of easement from the adjoining owner.

D. A LOMR will be required from FEMA prior to occupancy of any new structure or land, removed from the FCD by virtue of a fill activity.

E. The placement of public sewer and/or water lines and public utility transmission lines within the FCD shall meet the applicable riparian buffer standards set forth in Chapter 143, Zoning, of the Code of the Township of Lower Providence.

§ 86-404 Conditional use procedures.

An applicant seeking approval for a conditional use as set forth and regulated in this chapter shall be required to request and obtain approval of a conditional use according to the provisions for a conditional use set forth in this chapter and Chapter 143, Zoning, of the Code of the Township of Lower Providence.

§ 86-405 Nonconforming structures and uses in FCD.

The provisions of this chapter do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions set forth in this article and those concerning nonconformities in Chapter 143, Zoning, of the Code of the Township of Lower Providence shall apply.

§ 86-406 Improvements to existing structures in FCD.

The following provisions shall apply whenever any improvement is made to an existing structure located within the FCD:

A. No expansion or enlargement of an existing structure shall be allowed within any floodway.

B. No expansion or enlargement of an existing structure shall be undertaken in the direction of the floodway.

C. Any substantial improvement to an existing structure shall be undertaken only if the entire structure is elevated, or in the case of a nonresidential structure, floodproofed to one and one-half feet above BFE and there is no increase in the BFE.

D. Historic structures.

(1) Historic structures undergoing repair or rehabilitation that constitute a substantial improvement must comply with all of this chapter's requirements that do not preclude the structure's continued designation as an historic structure. Documentation that a specific requirement of this chapter will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic Places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from this chapter's requirements will be the minimum necessary to preserve the historic character and design of the structure.

(2) Historic structures undergoing repair or rehabilitation shall also address the requirements of Title 34 of the Pennsylvania Code, the 2009 IBC, and/or the 2009 IRC, or latest revisions thereof.

E. Any modification, alteration, reconstruction, or improvement of any kind that constitutes a repetitive loss shall be undertaken only in full compliance with the provisions of this chapter.