The following uses are permitted by right in the FCD in compliance with the requirements of Article
5 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)
Stream bank stabilization;
C. Forestry operations reviewed by the MCCD;
D. Floodplain crossings. The following floodplain crossings are permitted:
(1)
Agricultural crossings by farm vehicles and livestock; and
(2)
Driveways serving single-family detached dwelling units, roadways,
recreational trails, railroads, and 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 spread in
breadth in floodplain width 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
of Lower Moreland shall consider the quality of any available or proposed
emergency access route when deliberating on the requirements of safe
passage;
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 regulation adopted by the Township of Lower Moreland; and
F. Public sewer and/or water lines and public utility transmission lines
running along the corridor.
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 is prohibited;
C. No encroachment shall be made into any watercourse except that permitted as set forth in Article
5 of this chapter relating to Subsection
D, Floodplain crossings, of §
108-501, Uses permitted by right;
D. Clearing of all existing vegetation, except where such clearing is necessary to prepare land for a use permitted as set forth in Article
5 of this chapter relating to uses permitted by right (§
108-501), 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 set forth in Article
5 of this chapter relating to Subsection
D, Floodplain crossings, of §
108-501, Uses permitted by right;
G. Motor or wheeled vehicle traffic in any area not designed to accommodate
adequately the type and volume;
H. Subsurface sewage disposal areas; and
The following uses are permitted by conditional use in the floodplain fringe and alluvial soils portions of the FCD in compliance with the requirements of this chapter, including, but not limited to, Article
5 of this chapter relating to additional requirements of proof to qualify for conditional use approval (§
108-504):
D. Removal of vegetation as part of a floodplain enhancement plan made
part of a land development application;
G. Stormwater basins and stormwater outfall structures.
An applicant seeking approval for a conditional use as set forth and regulated in this chapter shall require the applicant to request and obtain approval of a conditional use according to the provisions for a conditional use set forth in this chapter and Chapter
208, Zoning.
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 Article
5 of this chapter relating to improvements to existing structures in the FCD (§
108-507), and nonconformities in Chapter
208, Zoning, shall apply.
The following provisions shall apply whenever any improvement
is made to an existing structure located within any FCD:
A. No expansion or enlargement of an existing structure shall be allowed
within any floodway area.
B. No expansion or enlargement of an existing structure shall be undertaken
in the direction of the stream bank.
C. 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 if the entire structure is elevated, or,
in the case of a nonresidential structure, floodproofed to 1 1/2
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 chapter
requirements that do not preclude the structure's continued designation
as an historic structure. Documentation that a specific chapter 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 chapter requirement 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 the 34 Pa. Code, as amended, and
the 2009 IBC and the 2009 IRC.
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.