The following uses, excluding structures, are permitted by right in the Floodplain Conservation District in compliance with the requirements of this article, provided applicable federal, state and local approvals and permits are obtained:
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 wildlife sanctuaries, nature preserves, woodland preserves, fishing areas, passive areas of public and private parklands, and riparian corridor planting/reforestation.
C. 
Streambank stabilization.
D. 
Forestry operations reviewed by the Montgomery County Conservation District.
E. 
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, bridges, recreational trails, railroads, and utilities.
F. 
Sealed public sewer, water lines, and public utility transmission lines running along the corridor.
G. 
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.
H. 
Harvesting of any existing wild crops, such as marsh hay, ferns, moss, berries, or wild rice.
I. 
Development of elevated and floodproofed buildings on brownfield sites in redevelopment areas encouraging economic revitalization.
J. 
Stormwater facilities and best management practices installed by the Township, as approved by the Township Engineer, in order to improve areas prone to flooding.
K. 
Patios, so long as they are installed at ground level.
Any use or activity not authorized within § 78-14 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 § 78-14I herein:
A. 
Construction, alterations, or improvements to freestanding structures, buildings, retaining walls, or any other permanent structure, including fences, with the exception of flood-retention dams and bridges, as approved by the Pennsylvania Department of Environmental Resources.
B. 
Placement of fill.
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 § 78-14 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 § 78-14 herein.
G. 
Motor or wheeled vehicle traffic in any area not designed to accommodate adequately the type and volume.
H. 
Parking lots.
I. 
On-lot/subsurface sewage disposal areas.
J. 
Private water supply wells.
K. 
Sod farming.
L. 
Development which may endanger human life, as defined in § 78-27A of this chapter.
M. 
Manufactured homes, manufactured home parks and manufactured home subdivisions.
N. 
Vehicle and equipment storage, including recreational vehicles, with the exception of boats and other watercraft docked or moored as permitted within a waterway.
O. 
Hospitals, nursing homes, and jails or prisons.
P. 
Stormwater basins, including necessary berms and outfall facilities.
Q. 
Sanitary landfills, dumps, junkyards, and outdoor storage of toxic chemicals and hazardous wastes as defined in Act 97 of 1980, the Solid Waste Management Act.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
R. 
Playsets and decks for residential uses, except as may be permitted on floodplain soils so long as they are not enclosed and are properly anchored to the ground in accordance with the provisions of this chapter.
S. 
Temporary structures.
T. 
Any other similar uses not listed herein shall be prohibited, unless otherwise approved by the Zoning Hearing Board as a conditional variance.
A. 
Following the adoption of this chapter, any use or structure which is situated within the boundaries of the FP Floodplain Conservation District and which does not conform to the permitted uses specified in § 78-14 herein shall become a nonconforming use or structure, regardless of its conformance to the district in which it is located, without consideration of this chapter.
B. 
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 § 78-17 of this chapter, and Zoning Ordinance Article XXI, shall apply.
The following provisions shall apply whenever any improvement is made to an existing structure located within the 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 § 78-10B, 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, including, but not limited to, floodproofing as a part of the permit conditions.
E. 
Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement, as defined in this chapter, 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 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 34 Pa. Code, as amended, and the IBC and the IRC, as adopted.
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.