In expansion of the declaration of legislative intent and statement of community development objectives contained in Article
I of this chapter, and in support of the Pennsburg Borough Parks, Recreation, and Open Space Plan, it is the intent of this district to provide reasonable controls governing the restoration, conservation, disturbance, and management of existing riparian corridors by establishing designated Riparian Corridor Conservation Districts ("districts"). 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, and
subsurface and surface water bodies by using a scientifically proven
process 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 and
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.O.), 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, steep slope, 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 §
110-2107A of this chapter.
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)
Stream bank stabilization in compliance with the guidelines
of the corridor management plan.
(c)
Maintenance of the riparian corridor through the removal of invasive plants, removal of trash and solid waste, mitigation of soil erosion problems, and planting for the purpose of improving the riparian corridor vegetation in accordance with §
110-2107B of this chapter.
(2)
Uses 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
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 Title 25, Chapter
102, 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,
provided that no yard may extend into Zone Two more than half the
distance between the outer boundaries of Zone One and Zone Two.
(d)
Agricultural uses existing at the time of adoption of this chapter, so long as they are conducted in compliance with methods prescribed by Title 25, Chapter
102, of the Pennsylvania Administrative Code.
(f)
Maintenance of the riparian corridor through the removal of invasive plants, removal of trash and solid waste, mitigation of soil erosion problems, and planting for the purpose of improving the riparian corridor vegetation in accordance with §
110-2107B of this chapter.
(2)
Uses permitted by conditional use.:
(a)
New agricultural uses in compliance with methods prescribed
by Title 25, Chapter 102.4(b), 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. Corridor crossings will be located as far
from Zone One as practical and shall minimize the disturbance of Zone
Two.
(c)
Passive use areas such as camps, campgrounds, picnic areas,
and golf courses; active recreation areas such as ballfields, playgrounds,
and courts, provided these uses are designed in a manner that will
not permit concentrated stormwater flow.
(d)
Stormwater basins may be installed within Zone Two, but the
entire basin shall be located a minimum of 50 feet from the defined
edge of identified waterways.
Any use or activity not authorized within §
110-2102 of this chapter 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 needed for a use identified in §
110-2102 of this chapter.
B. Roads or driveways, except where permitted as corridor crossings in compliance with §
110-2102 of this chapter.
C. Motor or wheeled vehicle traffic in any area not designed to adequately
accommodate the vehicle type and volume.
E. Clear cutting of trees and other vegetation.
F. Selection cutting of trees and/or the clearing of vegetation, except where such cutting and/or clearing is necessary to prepare land for a use permitted in §
110-2102 of this chapter and where the effects of these actions are mitigated by revegetation in accordance with §
110-2107A(2) of this chapter.
G. Removal of trees in excess of selection cutting, except where such
removal is necessary as a means to eliminate dead, diseased, 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 Borough Council or its appointed representative.
H. Removal or disturbance of vegetation in a manner that is inconsistent
with erosion control and riparian corridor protection.
I. Storage of any hazardous, toxic, or noxious materials.
J. Use of fertilizers, pesticides, herbicides, and/or other chemicals
in excess of prescribed industry standards or the recommendations
of the Montgomery County Conservation District.
K. Individual and community on-lot sewage systems.
Nonconforming structures or uses within the Riparian Corridor Conservation District shall be regulated under the provisions of Article
XVI herein. The following additional regulations also shall apply:
A. Existing nonconforming structures or uses within Zone One or Two that are not permitted under §
110-2102 of this chapter 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 §
110-2101 of this chapter, 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 and crop rotation.