The following uses are permitted by right in the Floodplain
Conservation District in compliance with the requirements of this
chapter:
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) Stream bank 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. 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 §
248-8.
Unless a variance is granted, any use or activity not authorized within §
248-27 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 §
248-27G 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. The clearing of all existing vegetation, except where such clearing is necessary to prepare land for a use permitted under §
248-27 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 §
248-27 herein.
G. Motor or wheeled vehicle traffic in any area not designed to accommodate
adequately the type and volume.
I. Subsurface sewage disposal areas.
K. Stormwater basins, including necessary berms and outfall facilities.
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 §
248-41 of this chapter, Improvements to existing structures, shall apply.