[Amended 7-9-2020 by Ord.
No. 2020-03]
A.
Halfmoon Township as of the adoption of this article does not grant
public access to private property. Any grant of public access remains
the prerogative of each individual property owner. This article shall
apply to all subdivision plans, land development plans, redevelopment
of existing properties, or any other improvements that require plan
submission and/or zoning permits if they are within or abut an identified
Riparian Buffer Overlay Zoning District.
B.
Any riparian buffer preservation and maintenance shall remain the
sole responsibility of the property owner.
C.
The specific purposes and intent of this article are to:
(1)
Conserve the natural features important to land and water resources
(e.g., headwater areas, groundwater recharge zones, floodways, floodplains,
springs, streams, wetlands, woodlands, and prime wildlife habitats).
(2)
Work with floodplain, steep slope, and other municipal ordinances
that regulate environmental sensitive areas to minimize hazards to
life, property, and riparian features.
(3)
Conserve natural, scenic, and recreation areas within or adjacent
to riparian areas.
(4)
Reduce the amount of nutrients, sediment, organic matter, pesticides,
and other harmful substances that reach watercourses, wetlands, groundwater
aquifers, and surface water bodies by using scientifically proven
processes, including filtration, deposition, absorption, adsorption,
plant uptake, denitrification, and stabilization. Further, to minimize
concentrated flows through the use of level spreaders and/or similar
stormwater management devices used to disburse concentrated flow uniformly
over the ground as sheet flow.
(5)
Improve and maintain the safety, reliability, and adequacy of the
Centre Region's water supply for domestic, agricultural, commercial,
industrial, and recreational uses, and sustain diverse populations
of aquatic plants and animals.
(6)
Regulate the land use, siting, and engineering of all developments
to be consistent with the intent and objectives of this chapter and
accepted conservations practices, as well assure that the results
of such uses remain within the carrying capacity of existing natural
resources.
(7)
Assist in the implementation of pertinent state laws concerning erosion
and sediment control practices, specifically erosion control, of the
Pennsylvania Clean Streams Law, P.L. 1987, Act 394 of 1937, as amended
(35 P.S. § 691.1 et seq.), and any subsequent amendments
thereto, as administered by the Pennsylvania Department of Environmental
Protection (See 25 Pa. Code Chapter 102) and the Centre County Conservation
District.
A.
In order for Pennsylvania to meet the goals of the Chesapeake Bay
tributary strategy, communities located within this drainage area
will need to implement best management practices (BMPs) to address
point and nonpoint pollution sources; riparian buffers are one of
the BMPs that will help the Centre Region meet these goals;
B.
The Centre Region is fortunate to contain high-quality waterways
which make significant contributions to our environment and quality
of life; and
C.
Recent events have stressed the importance of local efforts to maintain
and protect the Centre Region's waterways; and
D.
The Pennsylvania Department of Environmental Protection is moving
forward with the implementation of the Chesapeake Bay tributary strategy
which established aggressive goals for reductions in the amount of
sediments and nutrients such as nitrogen and phosphorus;
E.
Our local streams contribute to the Susquehanna River drainage area
and ultimately the Chesapeake Bay; and
F.
The potential exists for the Pennsylvania Department of Environmental
Protection to establish maximum daily load regulations in order to
prevent further increased sediment and nutrient loading to our waterways;
and
G.
If local measures such as riparian buffers areas are not evaluated
and implemented to reduce loadings to our streams, the community's
environmental well-being could be permanently threatened; and
H.
Halfmoon Township is located at the top of the watershed and since
there are no upstream communities discharging nutrients and sediments
to our local waterways, the protection and preservation of water resources
rests on Halfmoon Township; and
I.
These point to the need for a more coordinated effect at the local
municipal level to protect our streams and waterways; and
J.
The Centre Region municipalities have evaluated and taken the opportunity
to pursue the following riparian buffer measures that will help to
ensure the future health of our valuable water resources. The implementation
of a regional riparian buffer program is an important step in cooperative
water management efforts.
A.
Riparian Buffer Overlay Zoning District establishment. The establishment
of a Riparian Buffer Overlay Zoning District applies to the following
areas which shall be identified on the Municipal Official Zoning Map
and, if applicable, the Halfmoon Township Official Map:
(1)
Lands adjacent to designated streams within Halfmoon Township.
(2)
Lands adjacent to designated intermittent watercourses within Halfmoon
Township.
(3)
Lands at the margins of municipal, state, or federally designated
lakes and wetlands or those encountered during the process of subdivision
and land development.
B.
Width determination. The measurement of the Riparian Buffer Overlay
Zoning District shall extend a minimum total width of 50 feet from
each defined upper edge of an identified intermittent, perennial,
or surface water body at the top of bank, or shall equal the extent
of the 100-year floodplain, whichever is greater.
(1)
The overlay district will consist of one distinct zone designated
as:
(a)
Riparian Buffer Zone. This zone will begin at the edge of an
identified waterway (which shall include wetlands and intermittent
watercourses) and occupy a margin of land with a minimum width of
50 feet measured horizontally on a line perpendicular to the edge
of water at bank full flow. The width of Zone One may be required
to extend beyond the minimum 50 feet depending upon existing topography,
woodlands, or other natural conditions. This determination will be
made by the Zoning Officer with assistance from the Township Engineer.
(2)
Isolated wetlands and water bodies. Wetlands and water bodies not
located along a stream, where the wetland or water body is greater
than 5,000 square feet in area, shall have a minimum buffer width
of 50 feet from the outer edge of the wetland or water body around
the entire perimeter.
C.
Applicability. The provisions of this article shall apply as follows:
(1)
The developer/applicant shall be responsible for the initial determination
of the riparian buffer and identifying this area on any plan that
is submitted to Halfmoon Township for the following:
(2)
No new structures are permitted to be built within the Riparian Buffer
Overlay Zone of Halfmoon Township.
(3)
The initial determination of the developer/applicant shall be subject
to review and approval by the Zoning Officer.
(4)
These requirements should not apply to the footprints of all existing
primary or accessory uses, including but not limited to all agricultural
uses and research related thereto, buildings, transportation facilities,
fences, lawns, gardens, utility lines, roads, driveways, sidewalks,
bikeways, decks, piers, water service, septic and sewage facilities
and their related appurtenances (well houses, utility pumps and lift
stations, manholes, etc.).
D.
Interpretation of provisions. In interpreting the language of the Riparian Buffer Overlay District and the extent of underlying zoning district regulations upon use of property, where doubt exists between regulations, the stricter regulation shall govern. Any challenges to any municipal interpretation shall be appealed in accordance with the requirements outlined in § 255-44, Boundary interpretation and appeals procedure, and Article XVII, Zoning Hearing Board, and other administrative proceedings of the Municipalities Planning Code (MPC), Act 247, 53 P.S. § 10101 et seq., as amended.
The following uses are permitted, either by right or as a conditional
use, in the Riparian Buffer Overlay Zoning District. In addition,
all uses permitted within the Riparian Buffer Overlay Zoning District
must also be permitted, whether by right or through conditional use,
within the underlying zoning district. However, within any riparian
buffer, no construction, development, use, activity, or encroachment
shall be permitted unless the activity is authorized by Halfmoon Township.
A.
Riparian Buffer Zone.
(1)
Uses permitted by right. Uses that are primarily passive in character
shall be permitted to extend in the area defined as the Riparian Buffer
Zone, including:
(a)
Agricultural uses.
(b)
Forestry uses with a Centre County Conservation District approved
erosion and sedimentation control plan and in accordance with the
best management practices for forestry found in the Pennsylvania Department
of Environmental Protection's Chapter 93 water quality standards.
(c)
Removal of trees where such removal is necessary as a means to eliminate dead, diseased, or hazardous stands of trees that jeopardize public safety, provided that such removal is compliance with the recommendations of § 255-42 and in Appendix C, Riparian Buffer Management,[1] and in accordance with the best management practices for
forestry found in Chapter 93 of the Pennsylvania Department of Environmental
Protection's water quality standards.
[1]
Editor's Note: Said appendix is included as an attachment
to this chapter.
(d)
Required yards. All of the required front, side, or rear yards
on any private lots may be permitted to be within the Township-designated
Riparian Buffer Overlay District.
(e)
Wildlife sanctuaries, nature preserves, forest preserves, fishing areas, passive areas of public and private parklands, native planting, and reforestation in compliance with the recommendations of § 255-42 and Appendix C, Riparian Buffer Management.
(f)
Stream bank stabilization and/or recommended native tree reforestation, in compliance with the recommendations of § 255-42 and Appendix C, Riparian Buffer Management.
(g)
Stream crossings for farm vehicles and/or livestock if part
of a federal, state or privately funded Centre County Conservation
District and/or local nonprofit riparian buffer improvement project.
(h)
Research and monitoring devices, such as staff gages, water
recording, water quality testing, cross vanes, weirs and related demonstration
facilities.
(2)
Uses permitted by conditional use:
(a)
New stream crossings for roads, railroads, centralized sewer and/or water lines, and public utility transmission lines and/or their related appurtenances (e.g., towers, well houses, pump and lift stations), provided that they: designed and installed in accordance with the stream crossing standards of § 255-42.
A.
Riparian buffer management. No development activities shall be permitted within the Riparian Buffer Overlay Zoning District unless specifically permitted with § 255-40 of the chapter or as follows:
(1)
Subdivision and land development. Within any identified Riparian
Buffer Overlay Zoning District, subdivision, land development, and
redevelopment shall only be permitted when the impacts of such actions
are mitigated at a 1:1 square foot replacement ratio. Any disturbance
shall follow the guidelines for improvements identified in this section,
Appendix C, Riparian Buffer Management,[1] and are to be graphically represented along with any required
buffers on any formal subdivision or land development plan submission(s).
[1]
Editor's Note: Said appendix is included as an attachment
to this chapter.
(2)
Zoning and building permits. For any other improvements that require
a zoning and/or building permit for activities within the Riparian
Buffer Overlay Zoning District, riparian buffer replacement or restoration
is recommended to be mitigated at 1:1 square foot replacement ratio
for any disturbance and shall follow the guidelines for restoration
improvements identified in this section and Appendix C, Riparian Buffer
Management.
(3)
Any riparian buffer replacement or restoration should be evaluated
for the effects of any proposed uses on the Riparian Buffer Overlay
Zoning District. Any mitigation should identify the existing conditions
(vegetation, floodplain, wetlands, soils, slopes, etc.), all proposed
activities, and, if applicable, any proposed management techniques,
including any measures necessary to offset disturbances to land within
the Riparian Buffer Overlay Zoning District.
B.
Vegetation selection.
(1)
To function properly, dominant native vegetation in the riparian
buffer should be selected from the list of native plants most suited
to riparian areas as outlined in Appendix D, Selective Native Riparian
Buffer Plantings List, Morris Arboretum of the University of Pennsylvania.[2] Plants not included on this list may also be permitted
by the Zoning Officer with assistance of the Township Engineer. The
Township may also require planting species suitability to be verified
by local qualified experts at the U.S. Fish and Wildlife Service,
the Natural Resource Conservation Service, the Centre County Conservation
District, the Pennsylvania State Cooperative Extension, ClearWater
Conservancy, or other state and federal forest agencies.
[2]
Editor's Note: Said appendix is included as an attachment
to this chapter.
(2)
As part of riparian buffer restoration, all plants listed as noxious
by the USDA shall be removed. Property owners and developers should
ensure that invasive species are contained so as to not adversely
impact any native species planted and protected as part of any required
riparian buffer restoration. Refer to Appendixes D, E, and F.[3]
[3]
Editor's Note: Said appendixes are included as attachments
to this chapter.
(4)
General recommendations for riparian buffer plantings. Canopy and
understory trees should be two inches in caliper in width, diameter
at 54 inches above the root collar, a minimum of eight feet tall at
planting. Canopy trees should be planted a minimum of 20 feet to 25
feet on-center in staggered rows and understory trees should be planted
a minimum of 15 feet on-center, also in staggered rows. Shrubs should
be planted in between canopy and understory trees at a minimum distance
of between three feet to five feet apart. Grasses, sedges, flowering
plants, and ground covers should be planted one feet to three feet
apart.
(5)
Areas that cannot be revegetated shall be restored in compliance
with the Township Engineer's recommendations.
A.
Criteria.
(1)
All stream crossings permitted under § 255-40A(1) and § 255-40A(2), permitted and conditional uses and/or associated with the optional use of Appendix G, Riparian Buffer Averaging Option, Example and Calculation,[1] shall comply with and incorporate, as required, the following
minimum standards:
(a)
Any stream crossings requiring any activity in, under, and/or
above any body of water should first consult the Pennsylvania Department
of Environmental Protection's North-Central Regional Office, Watershed
Management Permitting and Technical Services Section, at (570) 327-3636.
(b)
The width of any right-of-way should not be greater than the minimum right-of-way width required by Chapter 215, Subdivision and Land Development, of the Code of the Township of Halfmoon, unless additional right-of-way is offered for dedication.
(c)
Stream crossings should be designed to cross at direct right
angles to minimize any disturbance.
(d)
Stream crossings should be separated by a minimum of 1,000 feet
stream length on the same property.
(e)
Bridges and culverts constructed as part of any road intended
to be dedicated to the Township must be designed in accordance with
applicable federal and state bridge standards in place at the time
of design. Prior to design, the developer must meet with the Township
Engineer to establish the design criteria that must be followed. For
private roads the bridge or culvert must be designed to carry the
anticipated loading which must include emergency vehicles. Drawings
and calculations sealed by a qualified professional must be submitted
to the Township for review.
[1]
Editor's Note: Said appendix is included as an attachment
to this chapter.
All nonconforming structures and uses will continue to be permitted in accordance with nonconforming provision so noted in Article XII.
A.
When a landowner or applicant disputes the riparian buffer zone boundary
or the defined edge of a watercourse, surface water body, or wetland,
the landowner or applicant shall submit evidence to Halfmoon Township
that describes the boundary, presents the landowner or applicant's
proposed boundary, and presents all justification for the proposed
boundary change.
B.
The Zoning Officer, with assistance of the Township Engineer, shall
evaluate all material submitted and shall make a written determination
within 45 days.
B.
The Riparian Buffer Overlay Zoning District may also be inspected periodically by the Zoning Officer and/or Township Engineer for compliance with any required riparian buffer restoration in accordance with recommendations for improvement identified in § 255-41 and Appendix C, Riparian Buffer Management,[1] and when excessive or potentially problematic erosion,
sedimentation, hazardous trees, or an unauthorized activity or structure
is brought to the attention of the Township.
[1]
Editor's Note: Said appendix is included as an attachment
to this chapter.
