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, 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.
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.
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.
(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.
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.
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.