The following uses, activities, and/or installations are permitted by right in the Floodplain Conservation District in compliance with the requirements of this article. To the extent any use permitted below conflicts with the provisions of Article XXVI of the Zoning Ordinance (RCCD Riparian Corridor Conservation District), the provisions of this chapter shall supersede said Article XXVI and shall control the proposed use:
A. 
Up to 1/2 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. 
Game farm, fish hatchery, or hunting and/or fishing reserve.
D. 
Recreational use, whether open to the public or restricted to private membership, including but not limited to parks, camps, picnic areas, golf courses, fishing, sport or boating clubs permitting piers, docks, floats, or open shelters usually found in developed outdoor recreation areas. Toilet facilities may be acceptable when connected to public sewage systems.
E. 
Forestry operations reviewed and approved in writing by the Montgomery County Conservation District.
F. 
The following floodplain crossings are permitted, provided that 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) 
New construction and reconstruction of driveways, roadways, bridges, recreational trails, railroads, and utilities with the approval of the Floodplain Administrator based on a recommendation from the Township Engineer.
(3) 
Crossing by vehicles or equipment for maintenance or repair of a utility, transmission line, or easement.
(4) 
Crossing by emergency vehicles or equipment in the event of an emergency or training.
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.
H. 
Public sewer and/or water lines and public utility transmission lines running along the corridor.
I. 
Outlet installations for sewage treatment plants and sewage pumping stations with the approval of the Township Engineer, local sewer authority, and Pennsylvania Department of Environmental Protection.
J. 
Development of elevated and floodproofed buildings on brownfield sites in redevelopment areas encouraging economic revitalization, in compliance with § 172-24.
K. 
Roads, driveways, and parking lots with the approval of the Floodplain Administrator based on a recommendation from the Township Engineer, and further provided that:
(1) 
No viable alternative alignment or placement is feasible for the road or driveway.
(2) 
Parking in the parking lot will be on a temporary basis, the owner restricts overnight parking, and the vehicles are capable of being removed quickly in the event of flash flooding.
L. 
No fence of any kind is permitted in the floodway. In the floodplain, any fence must allow water to flow through the fence, and, must meet either of the following criteria:
(1) 
Open barbed or barbless wire fencing shall have no more than one horizontal strand per foot of height and vertical support posts placed no closer than six feet apart; or
(2) 
Post and rail fencing shall be a minimum of 60% open and have vertical support posts placed no closer than eight feet apart.
M. 
Placement of fill, grading and regrading of lands, and installation of retaining walls within the floodplain after an engineered plan is reviewed and approved by the Floodplain Administrator based on a recommendation from the Township Engineer and consistent with § 172-26A. In addition, the Township Engineer shall review the proposed plan to ensure that the fill will not adversely affect the hydrology of the floodplain.
N. 
Encroachment, alteration, or improvement to any watercourse provided an engineered plan is reviewed and approved by the Floodplain Administrator based on a recommendation from the Township Engineer and PADEP and consistent with § 172-23A.
O. 
Clearing of existing vegetation with the approval of the Floodplain Administrator based on a recommendation from the Township Engineer and the Montgomery County Conservation District. The following activities do not constitute clearing of existing vegetation:
(1) 
Cutting down or trimming spot trees that are diseased or dead.
(2) 
Cutting or trimming vegetation that does not disturb the soil.
P. 
Subsurface sewage disposal areas upon approval of the Floodplain Administrator based on a recommendation from the Township Engineer and consistent with § 172-26C.
Q. 
Stormwater basins, including necessary berms and outfall facilities with the approval of the Floodplain Administrator based on a recommendation from the Township Engineer and consistent with § 172-26B.
R. 
Accessory structures need not be elevated or floodproofed, but shall comply, at a minimum, with the following requirements and limitations:
(1) 
The structure shall not be designed or used for human habitation, but shall be limited to the parking of vehicles, or to the storage of tools, material, and equipment related to the principal use or activity.
(2) 
Floor area shall not exceed 225 square feet.
(3) 
The structure shall have a low damage potential as determined by the Floodplain Administrator.
(4) 
The structure shall be located on the site so as to cause the least obstruction to the flow of floodwaters.
(5) 
Power lines, wiring, and outlets will be elevated to one foot above the BFE.
(6) 
Permanently affixed utility equipment and appliances such as furnaces, heaters, washers, dryers, etc., are prohibited.
(7) 
Sanitary facilities are prohibited unless connected to a public sewer system.
(8) 
The structure shall be adequately anchored to prevent flotation, collapse, and lateral movement and shall be designed to automatically provide for the entry and exit of floodwater for the purpose of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
(a) 
There shall be a minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
(b) 
The bottom of all openings shall be no higher than one foot above grade.
(c) 
Openings may be equipped with screens, louvers, etc. or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
S. 
Any other similar use as approved by the Floodplain Administrator.
The following uses are hereby prohibited within the Floodplain Conservation District except as part of a redevelopment project in compliance with § 172-13J herein:
A. 
No new structures with the exception of those allowed in § 172-13 above or reconstructed structures that are elevated and floodproofed in accordance with § 172-24.
B. 
Use of fertilizers, pesticides, herbicides, and/or other chemicals in excess of prescribed industry standards.
C. 
Sod farming.
D. 
Sanitary landfills.
The provisions of this chapter do not require any changes or improvements to be made to lawfully existing structures. However, when substantial improvement is made to any existing structure, the provisions of § 172-16 of this chapter and Article VII of the Township Zoning Ordinance shall apply.
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 BFE.
B. 
No expansion or enlargement of an existing structure shall be allowed within any AE Area/District with floodway, as defined in § 172-10B, that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
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 in full compliance with the provisions of this chapter.
D. 
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.
E. 
The above activity shall also address the requirements of the 34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC.
F. 
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.