Township of Upper Moreland, PA Article III Floodplain Conservation District Uses

§ 156-11 Uses permitted by right.

The following uses are permitted by right in the Floodplain Conservation District in compliance with the requirements of this chapter and the provisions of Chapter 350, Zoning.

A. Up to half of any required yard setback area on an individual residential lot may extend into the Floodplain Conservation District.

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.

(2) Streambank stabilization.

C. Forestry operations reviewed by the Montgomery County Conservation District.

D. The following floodplain crossings are permitted, provided disturbance to any existing woodlands and degradation of water quality are minimized to the greatest extent practicable:

(1) Agricultural crossings by farm vehicles and livestock.

(2) Driveways serving single-family detached dwelling units, roadways, recreational trails, railroads, and utilities.

E. Agricultural uses conducted in compliance with methods prescribed in the latest version of the Department of Environmental Protection's Erosion and Sediment Pollution Control Manual. In the event that the municipality has a Riparian Corridor Conservation District or similar regulation, the more restrictive regulation shall apply.

F. Installation of and maintenance and repair to public sewer and/or water lines and public utility transmission lines running along the corridor.

G. Development of elevated and floodproofed buildings on brownfield sites in redevelopment areas encouraging economic revitalization, in compliance with § 156-25, Permits required.

H. Installation, maintenance of or modification to municipal storm sewer culverts/appurtenances/stormwater management facilities, etc., by the municipality, as approved by PADEP.

§ 156-12 Prohibited uses.

Any use or activity not authorized within § 156-11 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 § 156-11G herein:

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

B. Placement of fill within the one-hundred-year floodplain is prohibited.

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 § 156-11 herein and where the effects of these actions are mitigated by reestablishment of vegetation.

E. Use of fertilizers, pesticides, herbicides, and/or other chemicals in excess of prescribed industry standards.

F. Roads or driveways, except where permitted as corridor crossings in compliance with § 156-11 herein.

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

H. Parking lots.

I. Subsurface sewage disposal areas.

J. Sod farming.

K. Stormwater basins, including necessary berms and outfall facilities, unless for municipal use to manage flooding.

§ 156-13 Nonconforming structures and uses.

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 of § 156-14 of this chapter, and Chapter 350, Zoning, Article XXVII, Nonconforming Use, shall apply.

§ 156-14 Improvements to existing structures.

The following provisions shall apply whenever any improvement is made to an existing structure located within any Floodplain Conservation District:

A. No expansion or enlargement of an existing structure shall be allowed within any floodway area that would cause any increase in the elevation of the base flood elevation.

B. No expansion or enlargement of an existing structure shall be allowed within any AE Area/District with floodway, as defined in § 156-7B, that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.

C. No expansion or enlargement of an existing structure shall be undertaken in the direction of the streambank.

D. Any modification, alteration, reconstruction, or improvement, of any kind to an existing structure, to an extent or amount of 50% or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this chapter.

E. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this chapter must comply with all ordinance requirements that do not preclude the structure's continued designation as an historic structure. Documentation that a specific ordinance requirement 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 the ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.

F. The above activity shall also address the requirements of the 34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC, and subsequent revisions/editions.

G. Any modification, alteration, reconstruction, or improvement of any kind that meets the definition of "repetitive loss" shall be undertaken only in full compliance with the provisions of this chapter.