Township of Lower Moreland, PA Article 5 Uses in Floodplain Conservation District (FCD)

§ 108-501 Uses permitted by right.

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.

§ 108-502 Prohibited uses.

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

I. Sod farming.

§ 108-503 Conditional uses in floodplain fringe and alluvial soils portions.

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):

A. Regrading of lands;

B. Earthen fill;

C. Parking lots;

D. Removal of vegetation as part of a floodplain enhancement plan made part of a land development application;

E. Retaining walls;

F. Roadways; and

G. Stormwater basins and stormwater outfall structures.

§ 108-504 Additional requirements of proof for conditional use approval.

A. The floodplain which occupies a tract of ground from boundary to boundary measured to the elevation of the regulatory flood height describes a volume of stormwater storage. There shall be no net decrease of the stormwater storage volume in the FCD.

B. There shall be no calculated increase in flood height at either the upstream or downstream project boundary. Evidence confirming this fact shall be provided through a hydrologic and hydraulic analyses in accordance with Article 2 of this chapter relating to Subsection G, Hydrologic and hydraulic analyses, of § 108-202, Applicability.

C. 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.

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.

§ 108-505 Conditional use procedures.

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.

§ 108-506 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 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.

§ 108-507 Improvements to existing structures.

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.