[Added 8-19-1998 by Ord. No. 166]
In expansion of the legislative intent contained in Article I, § 150-2, and the community development objectives contained in Article I, § 150-3, of this chapter and in support of the goals and recommendations of the Worcester Township Comprehensive Plan, it is the intent of this article to provide reasonable controls governing the restoration, conservation, disturbance and management of existing riparian corridors by establishing designated Riparian Corridor Conservation Districts ("district"). In addition, the specific purposes and intent of this article are to:
A.
Reduce the amount of nutrients, sediment, organic
matter, pesticides and other harmful substances that reach watercourses,
wetlands, subsurface and surface water bodies by using scientifically
proven processes, including filtration, deposition, absorption, adsorption,
plant uptake and denitrification and by improving infiltration, encouraging
sheet flow and stabilizing concentrated flows.
B.
Improve and maintain the safety, reliability and adequacy
of the water supply for domestic, agricultural, commercial, industrial
and recreational uses along with sustaining diverse populations of
aquatic flora and fauna.
C.
Regulate the land use, siting and engineering of all
development to be consistent with the intent and objectives of this
chapter, accepted conservation practices and to work within the carrying
capacity of existing natural resources.
D.
Assist in the implementation of pertinent state laws
concerning erosion and sediment control practices, specifically erosion
control, of the Pennsylvania Clean Streams Law,[1] Act 394, P.L. 1987, Chapter 102 of the Administrative Code (as amended October 10, 1980, Act 157 P.L.), Title 25, and any subsequent amendments thereto, as administered by the Pennsylvania Department of Environmental Protection and the Montgomery County Conservation District.
[1]
Editor's Note: See 35 P.S. § 691.1
et seq.
E.
Conserve the natural features important to land or
water resources (e.g., headwater areas, groundwater recharge zones,
floodway, floodplain, springs, streams, wetlands, woodlands, prime
wildlife habitats) and other features constituting high recreational
value or containing amenities that exist on developed and undeveloped
land.
F.
Work with floodplain and other ordinances that regulate
environmentally sensitive areas to minimize hazards to life, property
and riparian features.
G.
Conserve natural, scenic and recreation areas within
and adjacent to riparian areas for the community's benefit.
A.
Establishment.
(1)
The Riparian Corridor Conservation District
applies to land adjacent to an identified waterway in Worcester Township.
The following watercourses or water bodies shall be considered an
identified waterway in Worcester Township:
(a)
Perennial streams, as identified in the most
recent Soil Survey of Montgomery County, as prepared by the Soil Conservation
Service, United States Department of Agriculture.
(b)
Streams which are bordered by the following
alluvial soils, as identified in the most recent Soil Survey of Montgomery
County, prepared by the Soil Conservation Service, United States Department
of Agriculture:
|
Bm
|
Bermudian silt loam
| |
|
Bo
|
Boundary alluvial soil
| |
|
Bp
|
Bowmansville silt loam
| |
|
Ch
|
Codorus silt loam
| |
|
Ha
|
Hatboro silt loam
| |
|
Rt
|
Rowland silt loam
| |
|
Ru
|
Rowland silt loam, coal overwash
|
(c)
Streams which are bordered by the following local alluvium soils, as identified in the most recent Soil Survey of Montgomery County, prepared by the Soil Conservation Service, United States Department of Agriculture, provided that the local alluvium soil is connected to an alluvial soil listed above in Subsection A(1)(b):
|
BrA
|
Bowmansville loam; local alluvium (0% to 3%
slope)
| |
|
BrB
|
Bowmansville loam; local alluvium (3% to 8%
slope)
| |
|
RwA
|
Rowland silt loam; local alluvium (0% to 3%
slope)
| |
|
RwB
|
Rowland silt loam; local alluvium (3% to 8%
slope)
|
(d)
Lakes and ponds which have a surface area of
10,000 square feet or more.
(2)
The Riparian Corridor Conservation Overlay District
shall extend a minimum of 75 feet from the defined edge of an identified
waterway at bankfull flow or shall equal the extent of the one-hundred-year
floodplain, whichever is greater. The district will consist of two
distinct zones designated as:
(a)
Zone One. This zone shall begin at each edge
of an identified waterway (which can include ponds and intermittent
watercourses) and shall occupy a margin of land with a minimum width
of 25 feet measured horizontally on a line perpendicular to the edge
of water at bankfull flow. The width of Zone One may be required to
extend beyond the minimum 25 feet depending upon existing topography,
woodlands and other natural conditions. This determination will be
made by the Township Board of Supervisors or its appointed representative.
In addition:
[1]
Where steep slopes (slopes of 25% or more) are located within 25 feet of an identified waterway, Zone One shall extend the entire distance of the steep slope area. If the distance of this steep slope area is greater than 75 feet, there will be no requirement for the establishment of Zone Two. If the distance is less than 75 feet, the width of Zone Two shall be adjusted so that the total corridor width (Zone One and Zone Two) will be 75 feet maximum, except as noted below in Subsection A(2)(b)[1].
(b)
Zone Two. This zone will begin at the outer
edge of Zone One and shall occupy a minimum width of 50 feet in addition
to Zone One, up to a maximum combined width in Zones One and Two of
75 feet, except:
[1]
Where the one-hundred-year floodplain
extends greater than 75 feet from the waterway, Zone One shall remain
a minimum of 25 feet wide, and Zone Two shall extend from the outer
edge of Zone One to the outer edge of the one-hundred-year floodplain.
B.
Width determination. The developer, applicant or designated
representative shall be responsible for the initial width determination
of the riparian corridor and identifying this area on any plan that
is submitted to Worcester for subdivision, land development or other
improvements that require plan submissions or permits. This initial
determination shall be subject to review and approval by the Township
Board of Supervisors, in consultation with the Township Engineer.
The following uses are permitted, either by right or as a conditional use, in the Riparian Corridor Conservation District. However, within any corridor, no construction, development, use, activity or encroachment shall be permitted unless the activity will be mitigated by measures described in the Corridor Management Plan required by § 150-146.12 of this article.
A.
Zone One.
(1)
Uses permitted by right. Open space uses that
are primarily passive in character shall be permitted to extend into
the area defined as Zone One, including:
(a)
Wildlife sanctuaries, nature preserves, forest
preserves, fishing areas, passive areas of public and private parklands
and reforestation in compliance with the guidelines of the Corridor
Management Plan.
(b)
Streambank stabilization in compliance with
the guidelines of the Corridor Management Plan.
(c)
Maintenance of riparian woodlands through the removal of invasive vines, bushes and trees, the cleaning out of trash, the correction of soil erosion problems, the planting of plants selected from the riparian corridor plant list in § 130-28 of the Subdivision and Land Development Ordinance and the proper care of riparian plants.
(2)
Uses permitted by conditional use. The following
uses shall be permitted by conditional use:
(a)
Corridor crossings by recreational trails, roads,
railroads, centralized sewer and/or water lines, public utility transmission
lines and farm vehicles and livestock with necessary fencing, provided
that any disturbance is offset by corridor improvements identified
in the Corridor Management Plan.
(b)
Selection cutting of extremely high economic
value trees when the land will be reforested and removal is consistent
with approved standards in the Corridor Management Plan.
B.
Zone Two.
(1)
Uses permitted by right. The following uses
which are primarily passive in character shall be permitted by right
to extend into the area defined as Zone Two:
(a)
Open space uses, including wildlife sanctuaries, nature preserves, forest preserves, passive areas of public and private parklands and recreational trails conducted in compliance with methods prescribed by Chapter 102 of Title 25 of the Pennsylvania Administrative Code.
(b)
Reforestation in compliance with the guidelines
of the Corridor Management Plan.
(c)
Minimum required front, side and rear yards
on private lots.
(d)
Agricultural uses existing at the time of adoption of this article, so long as they are conducted in compliance with methods prescribed by Chapter 102 of Title 25 of the Pennsylvania Administrative Code.
(e)
Fencing.
(f)
Maintenance of riparian woodlands through the removal of invasive vines, bushes and trees, the cleaning out of trash, the correction of soil erosion problems, the planting of plants selected from the riparian corridor plant list in § 130-28 of the Subdivision and Land Development Ordinance and the proper care of riparian plants.
(2)
Uses permitted by conditional use. The following
uses shall be permitted by conditional use:
(a)
New agricultural uses, in compliance with methods
prescribed by Chapter 102.4(b) of Title 25 of the Pennsylvania Administrative
Code.
(b)
Corridor crossings by roads, railroads, centralized
sewer and/or water lines, public utility transmission lines, and farm
vehicles and livestock with necessary fencing, provided that any disturbance
is, at a minimum, offset by corridor improvements identified in the
Corridor Management Plan.
(c)
Centralized sewer and/or water lines and public
utility transmission lines running along the corridor, provided that
any disturbance is, at a minimum, offset by corridor improvements
identified in the Corridor Management Plan. These lines shall be located
as far from Zone One as practical.
(d)
Selection cutting of trees when the land will
be reforested and removal is consistent with approved standards in
the Corridor Management Plan.
(e)
Passive use areas such as camps, campgrounds,
picnic areas and golf courses; and active recreation areas such as
ballfields, playgrounds and courts, provided that these uses are designed
in a manner that will not permit concentrated stormwater flow.
(f)
Naturalized stormwater basins in compliance
with the guidelines in the Corridor Management Plan. The entire basin
shall be located a minimum of 25 feet from the defined edge of identified
waterways.
Any use or activity not authorized within § 150-146.7 shall be prohibited within the Riparian Corridor Conservation District. By way of example, the following activities and facilities are specifically prohibited:
A.
Buildings and any other type of permanent structure, except structures specifically permitted in § 150-146.7.
B.
Roads or driveways, except where permitted as corridor crossings in compliance with § 150-146.7A(2)(a) or 150-146.7B(2)(b).
C.
Motor or wheeled vehicle traffic in any area not specifically permitted by § 150-146.7A(2)(a) or 150-146.7B(2)(b).
D.
Parking lots.
E.
Clear-cutting of trees and other vegetation.
F.
Selection cutting of trees and/or the clearing of other vegetation within Zone One, except where such clearing involves the removal of high economic value trees or is necessary to prepare land for a use permitted under § 150-146.7A and where the effects of these actions are mitigated by revegetation, as specified under § 150-146.12 here within.
G.
Selection cutting of trees and/or the clearing of other vegetation within Zone Two, except where such clearing involves the removal of high economic value trees or is necessary to prepare land for a use permitted by § 150-146.7B and where the effects of these actions are mitigated by revegetation, as specified under § 150-146.12 here within.
H.
Removal of trees in excess of selection cutting, except
where such removal is necessary as a means to eliminate dead, diseased
or hazardous tree stands that jeopardize public safety or as part
of a reforestation project, provided that the removal is in compliance
with a Corridor Management Plan approved by the Township Engineer,
Board of Supervisors or its appointed representative.
I.
Removal or disturbance of vegetation in a manner that
is inconsistent with erosion control and corridor protection.
J.
Storage of any hazardous or noxious materials.
K.
Dumping of man-made materials.
L.
Dumping of large concentrations or amounts of natural
materials and dumping of any natural materials within an identified
waterway, measured at bankfull flow.
M.
Use of fertilizers, pesticides, herbicides and/or
other chemicals in excess of prescribed industry standards or the
recommendations of the Montgomery County Conservation District.
N.
Subsurface sewage disposal areas.
O.
Sod farming.
Nonconforming structures and uses of land within the Riparian Corridor Conservation District shall be regulated under the provisions of Article XXIII herein. The following additional regulations also shall apply:
A.
Existing nonconforming structures or uses within Zones One or Two that are not permitted under § 150-146.7 may be continued but shall not have the existing building footprint or uses expanded or enlarged.
B.
Discontinued nonconforming uses may be resumed any time within one year from such discontinuance but not thereafter when showing clear indications of abandonment. No change or resumption shall be permitted that is more detrimental to the Riparian Corridor Conservation District, as measured against the intent and objectives under § 150-146.5, than the existing, or former nonconforming, use.
C.
This one-year time frame shall not apply to agricultural
uses which are following prescribed best management practices for
crop rotation.
A.
When a landowner or applicant disputes the Zone (One
or Two) boundaries of the riparian corridor or the defined edge of
a waterway, the landowner or applicant shall submit evidence to Worcester
Township that describes the boundary, presents the landowner or applicant's
proposed boundary and presents all justification for the proposed
boundary change.
B.
The Township Board of Supervisors, in consultation
with the Township Engineer, shall evaluate all material submitted
and shall make a written determination of the riparian corridor boundaries
within 45 days, a copy of which shall be submitted to the Township
Planning Commission and landowner or applicant.
C.
Any party aggrieved by any such determination or other decision or determination under this section may appeal to the Zoning Hearing Board under the provisions of Article XXVI of this chapter. The party contesting the location of the district boundary shall have the burden of proof in case of any such appeal.
A.
Lands within or adjacent to an identified Riparian
Corridor Conservation District may be inspected by a Township representative
when:
B.
The district may also be inspected periodically by
a Township representative for compliance with an approved restoration
plan, excessive or potentially problematic erosion, hazardous trees
or at any time when the presence of an unauthorized activity or structure
is brought to the attention of Township officials.
A.
Corridor Management Plan. Within any riparian corridor
area, no construction, development, use, activity or encroachment
shall be permitted unless a Corridor Management Plan is submitted
and approved by the Township Board of Supervisors and the effects
of such development are mitigated by the implementation of the Corridor
Management Plan. The Corridor Management Plan shall meet the following
requirements, unless the Township Board of Supervisors determines
that any or all of these requirements are unnecessary:
(1)
Plan contents.
(a)
The Corridor Management Plan shall contain the
following information:
[1]
Existing conditions, including
the boundaries of Zones One and Two, steep slopes, swales, wetlands,
streams, ponds, floodplains, woodlands, other vegetation and existing
structures. A written description of unusual or significant conditions
should also be included.
[2]
Goals, including goals for the entire tract and long-range goals for the riparian corridor. All goals should be compatible with the purposes listed in § 150-146.5 of this article, Legislative intent.
[3]
Proposed activities, including
a scaled plan which shows all proposed activities in Zone 1, Zone
2 and land adjacent to the corridor. The plan shall differentiate
areas that will be disturbed from those that will be protected and
preserved.
[4]
Proposed management, including
a discussion of how the goals will be met given the proposed activities.
The plan shall specify when the construction, planting or other activities
are to begin and end and shall address long- and short-term maintenance,
mitigation and improvement activities necessary for preservation of
the corridor, including application of herbicides, removal of invasive
plants, spacing and types of newly planted trees and shrubs, mowing
schedules, farming practices and other related functions.
(2)
Management, mitigation and restoration measures.
(a)
Management practices. The following management
practices shall be integrated into the plan when practical:
[1]
Existing woody and other vegetation
should be preserved to the greatest extent possible.
[2]
Fallen branches and other organic
material should be allowed to remain where they have fallen.
[3]
Fencing should be used to keep
livestock away from streams.
[4]
Stream crossings should be done
at a ninety-degree angle to the stream.
[5]
An undisturbed vegetative strip
should be kept between agricultural uses and stream corridors
[6]
Agricultural uses shall follow
accepted conservation practices, as promulgated by the Natural Resource
Conservation Service, United States Department of Agriculture.
[7]
Streambanks should be stabilized
in accordance with A Streambank Stabilization and Management Guide
for Pennsylvania Landowners, by the Pennsylvania Department of Environmental
Resources.
[8]
Degraded landscapes should be restored
or converted to a more effective landscape.
(b)
Mitigation measures. Permitted uses that involve
disturbance of vegetation within the riparian corridor shall be mitigated
by at least one of the following measures, with a total amount of
mitigated area, measured horizontally, that is equal to or greater
than the total amount of disturbed area, measured horizontally:
[1]
Increasing the width of the corridor.
The width of the riparian corridor, measured from the defined edge
of a waterbody, is increased to at least 150 feet.
[3]
Increasing the effectiveness of
the corridor. In existing degraded wooded areas or proposed new wooded
areas, the riparian corridor is planted with three distinct layers
of vegetation: canopy trees, such as oak, hickory, maple gum, beech,
sycamore, spruce, hemlock, pine, and fir; shrubs that provide an understory,
such as elderberry, viburnum, azalea, rhododendron, holly, laurel
and alders; and herbaceous plants that serve as ground cover, including
ferns, sorrel, trillium, violet, Virginia creeper, nettle, phlox,
aster and worts. All three layers shall be planted at a density sufficient
to create a fully functioning, naturalized riparian corridor.
(c)
Restoration and conversion of landscapes.
[1]
Landscapes shall be restored by
removing invasive vines, removing invasive trees, cleaning out trash,
correcting soil erosion problems, planting appropriate plants and
properly maintaining all new plantings.
[2]
Landscapes shall be converted to
a more effective landscape by removing existing incompatible vegetation,
planting plants that are appropriate for the proposed landscape type
and the site, and maintaining and protecting the plantings from invasive
plants, deer and other long-term problems.
B.
Vegetation selection. To function properly, vegetation in the Corridor Management Plan shall be selected from the list of riparian corridor plants in § 130-28, Landscaping, of the Township Subdivision and Land Development Ordinance. Plants not included on the list may be permitted by the Township Board of Supervisors, in consultation with the Township Shade Tree Commission, when evidence is provided from qualified sources certifying their suitability. The Township may require species suitability to be verified by qualified experts in the Montgomery County Conservation District, Natural Resources Conservation Service, Pennsylvania Fish and Boat Commission, the United States Fish and Wildlife Service or state and federal forest agencies.
(1)
In Zone One, dominant vegetation shall be composed
of a variety of native riparian tree and shrub species and appropriate
plantings necessary for streambank stabilization.
(2)
In Zone Two, dominant vegetation shall be composed
of riparian trees and shrubs, with an emphasis on native species and
appropriate plantings necessary to stabilize the soil.
(3)
Disturbed areas shall be revegetated with riparian
corridor plants, in compliance with an approved Corridor Management
Plan.
