The following uses are permitted by right in the Floodplain Conservation District in compliance with the requirements of this chapter and the Towamencin Township Zoning Ordinance including the Environmental Performance Standards (§ 153-616):
A. 
Agricultural uses, including the cultivation and harvesting of crops, pasture and grazing land and the growing of plant stock or an orchard, conducted in compliance with methods prescribed in the latest version of the Department of Environmental Protection's Erosion and Sediment Pollution Control Manual.
B. 
Open space uses that are primarily passive in character, with no structures, shall be permitted to extend into the floodplain including:
(1) 
Wildlife sanctuaries, nature preserves, forest preserves, fishing areas, and reforestation.
(2) 
Passive areas of public and private parklands, including trails and golf courses (not miniature golf).
(3) 
Streambank stabilization approved by the Township Engineer and the Pennsylvania Department of Environmental Protection.
C. 
Piers and docks along a waterway with approval from the appropriate state agencies.
D. 
Forestry, lumbering and reforestation reviewed by the Montgomery County Conservation District.
E. 
Public sewer and/or water lines and public utility transmission lines running along the corridor. Sealed public water supply wells and sanitary sewer pump stations with approval of the Township Engineer and the Pennsylvania Department of Environmental Protection.
F. 
Up to half of any required yard setback area on an individual lot may extend into the Floodplain Conservation District.
G. 
The following floodplain crossings are permitted, provided disturbance to any existing woodlands and degradation of water quality are minimized to the greatest extent practicable, with approval of applicable state agencies:
(1) 
Agricultural crossings by farm vehicles and livestock.
(2) 
Driveways serving single-family detached dwelling units.
(3) 
Roadways, recreational trails, railroads, and utilities.
H. 
Development of elevated and flood-proofed buildings on brownfield sites in redevelopment areas encouraging economic revitalization, in compliance with Article VII.
A. 
All permitted uses are subject to the floodproofing requirements in Article VII of this chapter.
B. 
No structure shall be permitted within 20 feet of the delineated Floodplain Conservation District unless otherwise provided for by this chapter. Exceptions: Fencing shall be allowed within the Floodplain Conservation District considering it meets the following requirements:
(1) 
No stockade fences or solid fencing of any kind shall be allowed to be constructed within the Floodplain Conservation District.
(2) 
Post and rail and split rail fences shall be permitted within the flood-fringe of the Floodplain Conservation District and shall not be constructed in a manner which will impede the water flow.
(3) 
Allowable fence types shall be constructed in a manner which does not allow for floodwater to rise in height, pool or change the natural direction of the floodway.
(4) 
Wire mesh will be allowed but must be maintained regularly as to not collect debris.
(5) 
Require applicants to sign a liability waiver making them aware they assume all responsibility for damages caused by their fence during a flood event; furthermore, the applicant is aware that in the event his or her fence is damaged during a flood event, the owner shall have the fence repaired or removed within 10 days from the time the damage occurred. This document shall be recorded with the Montgomery County Recorder of Deeds office.
Any use or activity not authorized within § 82-14, herein, shall be prohibited within the Floodplain Conservation District and the following activities and facilities are specifically prohibited, except for as part of a redevelopment project in compliance with § 82-14G herein:
A. 
No new construction, alteration, or improvement of buildings and any other type of permanent structure.
B. 
Placement of fill, construction of retaining walls or grading with the exception of culverts or bridges required for floodplain crossings as identified in § 82-14.
C. 
No encroachment, alteration, or improvement of any kind shall be made to any watercourse.
D. 
Clearing of all existing vegetation, except where such clearing is necessary to prepare land for a use permitted under § 82-14, herein, and where the effects of these actions are mitigated by reestablishment of vegetation.
E. 
Use of fertilizers, herbicides, and/or other chemicals in excess of prescribed industry standards.
F. 
Parking lots, private roads or driveways except for permitted floodplain crossings as identified in § 82-14.
G. 
Subsurface sewage disposal areas.
H. 
Sanitary landfills, dumps, junkyards, outdoor storage of vehicles and miscellaneous materials or storage of any buoyant, toxic or dangerous materials.
I. 
Private water supply wells.
J. 
Sod farming.
K. 
Removal of topsoil, ground cover, vegetation or trees within the floodway or 50 feet from top of bank, if no floodway is defined.
L. 
Stormwater basins, including necessary berms and outfall facilities.
The following uses shall be banned in any Floodplain Conservation District and no variance shall be granted:
A. 
Development which may endanger human life. In accordance with the Pennsylvania Flood Plain Management Act,[1] 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 will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or will involve the production, storage, or use of any amount of radioactive substances, shall be subject to the provisions of this section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:
(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) 
Sulfur and sulfur products.
(17) 
Pesticides (including insecticides, fungicides, and rodenticides).
(18) 
Radioactive substances, insofar as such substances are not otherwise regulated.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B. 
The commencement of any of the following activities; or the construction enlargement, or expansion of any structure used, or intended to be used, for any of the following activities:
(1) 
Hospitals.
(2) 
Nursing homes.
(3) 
Jails or prisons.
C. 
The commencement of, or any construction of, a new manufactured home park or subdivision, placement of a new manufactured home or substantial improvement to an existing manufactured home or manufactured home park or subdivision.
D. 
Recreational vehicles.