[Added 8-7-2001 by Ord. No. 302]
In accordance with the purpose contained in Article I, § 175-2, of this chapter and the community development objectives contained in Article I, § 175-3, of this chapter, and in recognition of the fact that natural features contribute to the welfare of its residents, it is the purpose of this article to provide reasonable controls governing the restoration, conservation, disturbance and management of existing riparian corridors by establishing a designated Riparian Corridor Conservation District (District) specifically 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 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, so as to be consistent with the intent and objectives
of this ordinance, 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.1. 1987, Chapter 102 of the Administrative Code (as amended October 10, 1980, Act 157 P.L.), Title 25,[1] and any subsequent amendments thereto, as administered
by the Pennsylvania Department of Environmental Protection and the
Bucks 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 the floodplain overlay district, the environmental
protection standards 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.
For purposes of this article only, the following
words and phrases, when used, shall have the meanings attributed to
same in this section unless the context clearly indicates otherwise:
A body of water that has been identified for purposes of
inclusion within the Riparian Corridor Conservation District. These
include streams identified on the Official Riparian Corridor Map of
Doylestown Township.
An overlay district consisting of areas surrounding identified
waterways that intercept surface water runoff, wastewater, subsurface
flow and/or deep groundwater flows from upland sources and function
to remove or buffer the effects of associated nutrients, sediment,
organic matter, pesticides or other pollutants prior to entry into
surface waters. This area may also provide wildlife habitat, control
water temperatures, attenuate flood flow and provide opportunities
for passive recreation.
A.
Establishment.
(1)
The Riparian Corridor Conservation District
applies to the land adjacent to an identified waterway in Doylestown
Township. The following watercourses or water bodies shall be considered
an identified waterway in Doylestown Township: streams identified
on the Official Riparian Corridor Map of Doylestown Township, which
is a part of this chapter and which shall also be kept on file at
the Doylestown Township offices.
(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.
[1]
This zone shall begin at each edge
of an identified waterway 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. The Board of Supervisors
or its appointed representative will make this determination.
[2]
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 section § 175-103.3A(2)(b)[2].
(b)
Zone Two.
[1]
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.
[2]
Where the identified floodplain extends greater
than 75 feet from the waterway, Zone One shall remain the minimum
of 25 feet from the outer edge of Zone One to the outer edge of the
identified floodplain.
[Amended 10-4-2016 by Ord. No. 378]
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 the Township 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
Board of Supervisors or its appointed representative.
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 developed and mitigated by measures outlined in an approved corridor management plan prepared and submitted in accordance with § 175-103.9A 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:
(2)
Uses permitted by conditional use.
(a)
Corridor crossings by driveways, recreational trails, roads and or railroads, provided that any disturbance is offset by corridor mitigation measures as outlined in § 175-103.9A(2)(b) of this chapter, and provided the following requirements are met:
[1]
The width of the crossing is the
minimum required for such access or as required by this article.
[2]
The crossing is designed to cross
the riparian corridor at a right angle or close to a right angle.
[3]
Any proposed crossing of the riparian
corridor is at least 1,000 feet, as measured along the length of the
corridor, from any other crossing of the riparian corridor. Shorter
distances from existing crossings on abutting properties may be permitted
with approval from the Board of Supervisors.
[4]
All crossings shall be capable
of passing the base flood event. Bridges shall be used in place of
culverts when crossings would require a seventy-two-inch-or-greater
diameter pipe. When culverts are installed, they shall consist of
slab arch or box culverts and not corrugated metal pipe. Culverts
shall also be designed to retain the natural channel bottom to ensure
the passage of water during low flow or dry weather periods.
[Amended 10-4-2016 by Ord. No. 378]
(b)
Corridor crossings by centralized sewer and water lines, and/or public utility transmission lines, provided that any disturbance is offset by corridor mitigation measures as outlined in § 175-103.9A(2)(b) of this chapter, and provided underground utility and pipe crossings are located at least three feet below the stream invert.
(c)
Selective cutting of extremely high economic
value trees when the land will be reforested and removal is consistent
with a long-term forest management plan prepared by a professional
forester in accordance with the best management practices of the sustainable
forestry initiative and the principles and criteria of the Forestry
Stewardship Council, and in accordance with all other applicable municipal
and state regulations.
B.
Zone Two.
(1)
(2)
Uses permitted by conditional use.
(a)
New agricultural uses in compliance with the
methods prescribed by Chapter 102.4(a) of Title 25 of the Pennsylvania
Administrative Code.
(b)
Corridor crossings by driveways, recreational trails, roads and or railroads, provided that any disturbance is offset by corridor mitigation measures as outlined in § 175-103.9A of this chapter, and provided the following requirements are met:
[1]
The width of the crossing is the
minimum required for such access or as required by this article.
[2]
The crossing is designed to cross
the riparian corridor at a right angle or close to a right angle.
[3]
Any proposed crossing of the riparian
corridor is at least 1,000 feet, as measured along the length of the
corridor, from any other crossing of the riparian corridor. Shorter
distances from existing crossings on abutting properties may be permitted
with approval from the Board of Supervisors.
[4]
All crossings shall be capable
of passing the base flood event. Bridges shall be used in place of
culverts when crossings would require a seventy-two-inch-or-greater
diameter pipe. When culverts are installed, they shall consist of
slab arch or box culverts and not corrugated metal pipe. Culverts
shall also be designed to retain the natural channel bottom to ensure
the passage of water during low flow or dry weather periods.
[Amended 10-4-2016 by Ord. No. 378]
(c)
Corridor crossings by centralized sewer and water lines, and/or public utility transmission lines, provided that any disturbance is offset by corridor mitigation measures as outlined in § 175-103.9A of this chapter, and provided underground utility and pipe crossings are located at least three feet below the stream invert.
(d)
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 mitigation measures.
These lines shall be located as far from Zone One as practical.
(e)
Selective cutting of extremely high economic
value trees when the land will be reforested and removal is consistent
with a long-term forest management plan prepared by a professional
forester in accordance with the best management practices of the sustainable
forestry initiative and the principles and criteria of the Forestry
Stewardship Council, and in accordance with all other applicable municipal
and state regulations.
(f)
Passive uses such as camps, campgrounds, picnic
areas and golf courses; active recreation such as ball fields, playgrounds
and courts, provided that these uses are designed in a manner that
will not permit concentrated flow and that permanent structures are
limited to playground equipment, backstops, fences, basketball hoops
and nets, goal posts, scoreboards and bleachers.
(g)
Naturalized stormwater management areas, provided
that any disturbance is offset by corridor mitigation methods and
that the entire basin shall be located no closer than 25 feet to the
defined edge of the identified waterway.
Any use or activity not specifically authorized in § 175-103.4 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,
with the exception of recreational uses in Zone Two, specifically
permitted in § 175-103.4.B(2)(f).
B.
Minimum front, rear or side yards on private lots.
C.
Roads and driveways, except where permitted as corridor crossings in compliance with § 175-103.4A(2)(a) or § 175-103.4B(2)(b).
D.
Motor or wheeled vehicular traffic in any area except
on a permitted corridor crossing.
E.
Parking lots.
F.
Clear-cutting of trees and other vegetation.
G.
Removal of trees in excess of selective cutting, except
where such removal is necessary as a means to eliminate dead, diseased
or hazardous tree stands that jeopardize public safety or as a part
of a reforestation program, provided that the removal and reforestation
processes are approved by the Board of Supervisors or its appointed
representative.
H.
Removal or disturbance of vegetation in a manner that
is inconsistent with erosion control and corridor protection.
I.
Storage of any hazardous or noxious materials.
J.
Use of fertilizers, pesticides, herbicides and/or
any other chemicals in excess of prescribed industry standards or
the recommendations of the Bucks Conservation District.
K.
Subsurface sewage disposal areas.
L.
Sod farming.
Nonconforming structures or uses of land within the Riparian Corridor Conservation District shall be regulated under the provisions of Article XXI of this chapter. The following additional regulations shall also apply:
A.
Existing nonconforming structures or uses within Zones One or Two that are not permitted under § 175-103.4 may be continued but shall not be permitted to 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 a clear indication 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 § 175-103.1, than the existing or former nonconforming use.
C.
Agricultural uses which are following prescribed best
management practices for crop rotation are not subject to one-year
time frames.
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 Doylestown
Township that describes the boundary, presents the landowner's or
applicant's proposed boundary and presents all justification for the
proposed boundary change.
B.
The Board of Supervisors, in consultation with its
professionals, shall evaluate all material submitted and shall make
a written determination of the riparian corridor boundaries with 45
days of the submission to the Township. A copy of this determination
shall be submitted to the Board of Supervisors, the Planning Commission
and the 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 § 175-139 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 the Riparian Corridor Conservation District
or adjacent to an identified waterway will 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,
forestry or corridor management plan, excessive or potential problematic
erosion, hazardous trees or at any time when the presence of an unauthorized
activity or structure is brought to the attention of the 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 prepared,
submitted and approved by the Board of Supervisors. The plan shall
outline the specific strategies to be implemented which will mitigate
the effects of the proposed development in accordance with best management
practices and mitigation measures contained herein. The corridor management
plan is subject to the following requirements, unless determined inapplicable
by the Board of Supervisors:
(1)
Plan preparation and content.
(a)
Plan shall be prepared by a landscape architect,
engineer, planner or other qualified professional.
(b)
Plan shall be submitted with the application
for subdivision, land development or permit.
(c)
Plan shall fully evaluate the effects of the
proposed use on the riparian corridor.
(d)
The plan shall include a sketch plan that identifies all existing
conditions, including, but not limited to, the boundaries of Zones
One and Two, identified watercourse, vegetation, identified floodplain,
soils, steep slopes, wetlands, woodlands, and any existing structures
or improvements. Photographs or a narrative may be included for clarity
of conditions.
[Amended 10-4-2016 by Ord. No. 378]
(e)
The plans shall include a written analysis that
identifies the applicant's goals for the proposed project, specifically
for each portion of the property (Zone 1, Zone 2 and area outside
the riparian corridor). A sketch plan of proposed improvements and
mitigating efforts may be submitted as a portion of the plans.
(f)
Outline and written description of all proposed
activities. The description of each use should include the area and
extent of use and/or encroachment, the Zone in which the uses is proposed,
the areas to be disturbed and the areas to be mitigated.
(g)
All proposed management techniques should be
fully detailed to include:
[1]
Timelines for proposed construction,
mitigation, planting or other related activities.
[2]
Short- and long-term maintenance,
mitigation and improvement activities necessary for preservation of
the corridor, including application of herbicides, removal of invasive
plants, pruning, moving, etc.
[3]
Types, sizes, spacing and maintenance
of newly planted trees, shrubs and ground covers.
(2)
Management, mitigation and restoration measures.
(a)
Management practices. The following management
practices shall be incorporated into the plan:
[1]
Existing woody vegetation shall
be preserved to the greatest extent possible. Removal of trees should
be limited to diseased or invasive species. Disturbed areas resulting
from the removal of invasive vegetation should be mulched and revegetated
as soon as possible. Native vegetation should be used to revegetate
areas along the corridor where there is little to no existing vegetation.
[2]
Fallen branches and other organic
material should be allowed to remain where it has fallen.
[3]
Agricultural conservation practices
such as crop rotation, contour plowing, conservation tillage, cover
cropping, strip cropping, grassed waterways, diversion and terraces
should be implemented.
[4]
Fencing should be used to prevent
livestock from standing in an identified waterway.
[5]
An undisturbed vegetative strip
should be maintained between cultivated fields or developed sites
and the stream to filter sediments.
[6]
Passive and active recreational
activities should take place outside the natural vegetated corridor.
[7]
Impervious surfaces should be reduced.
[8]
Streambanks should be stabilized
in accordance with A Streambank Stabilization and Management Guide
for Pennsylvania Landowners, by the Pennsylvania Department of Environmental
Resources.
(b)
Mitigation efforts. Permitted uses that involve
disturbance of vegetation within the riparian corridor shall be mitigated
by at least one of the following methods:
[1]
Increase the width of the corridor.
The width of the buffer should increase in direct proportion to the
size of the disturbed area. Steepness of surrounding slopes and the
intensity of activities should also be considered. The following widths
are considered the maximum width needed in order to attain the prescribed
goal:
[2]
There should be three distinct
layers of vegetation within the riparian area. Should the area be
void of one of these layers it should be planted with native vegetation
appropriate for the area:
B.
Vegetation selection. To function properly, dominant
vegetation included in the Corridor Management Plan shall be native
to the area and suitable for the riparian corridor, All vegetation
is subject to the review and approval of the Township's landscape
architect. The following also apply:
(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 the approved Corridor Management
Plan.
(4)
Areas that cannot be revegetated shall be restored
in compliance with the approved Corridor Management Plan.
