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.
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.
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, 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:
(11)
Nitric acid and oxides of nitrogen.
(12)
Petroleum products (gasoline, fuel oil, etc.).
(16)
Sulfur and sulfur products.
(17)
Pesticides (including insecticides, fungicides, and rodenticides).
(18)
Radioactive substances, insofar as such substances are not otherwise
regulated.
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:
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.
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 §
82-24 of this chapter and Article
IX of the Towamencin Township Zoning Ordinance shall apply.