Borough of Pottstown, PA PART 5 USES PERMITTED IN FLOODPLAIN CONSERVATION DISTRICT

§ 501 Uses Permitted by Right.

[Ord. 2146, 2/8/2016]

The following uses are permitted by right in the Floodplain Conservation District in compliance with the requirements of this Part:

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) Streambank 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. Utility crossings shall be made perpendicular to the direction of flow, or as near as practical.

G. Development of elevated and floodproofed buildings on brownfield sites in redevelopment areas encouraging economic revitalization, in compliance with § 902. The base floor elevation shall be 1 1/2 feet above the flood elevation.

§ 502 Uses Prohibited in Floodplain Conservation District.

[Ord. 2146, 2/8/2016]

Any use or activity not authorized within § 501 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 § 501G 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. Clearing of all existing vegetation, except where such clearing is necessary to prepare land for a use permitted under § 501 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 § 501 herein.

G. Motor or wheeled vehicle traffic in any area not designed to accommodate adequately the type and volume.

H. Parking lots.

I. Subsurface sewage disposal areas.

J. Sod farming.

K. Stormwater basins, including necessary berms and outfall facilities.

L. The storage of chemicals, oils, greases, gasoline, or other products that would be harmful to the environment or water.

§ 503 Nonconforming Structures and Uses in Floodplain District.

[Ord. 2146, 2/8/2016]

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 § 504 of this chapter, and Chapter 27, §§ 800 to 806 of the Pottstown, Pennsylvania, Code of Ordinances shall apply.

§ 504 Improvements to Existing Structures in Floodplain Conservation District.

[Ord. 2146, 2/8/2016]

The following provisions shall apply whenever any improvement is made to an existing structure located within any 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. Any expansion or enlargement of an existing structure shall be at an elevation of 1 1/2 feet above 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 § 402B, which would, together with all other existing and anticipated development, increase the BFE more than one foot at any point. Any expansion or enlargement of an existing structure shall be an elevation of 1 1/2 feet above the base floor elevation.

C. No expansion or enlargement of an existing structure shall be undertaken in the direction of the stream bank.

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.

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 the 34 Pa. Code, as amended, and the 2006 IBC and the 2006 IRC.

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.