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, and any subsequent amendments thereto, as administered
by the Pennsylvania Department of Environmental Protection and the
Bucks 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 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:
IDENTIFIED WATERWAY
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.
RIPARIAN CORRIDOR CONSERVATION DISTRICT
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.
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:
(b)
Nature and forest preserves.
(d)
Passive areas of public and private parklands.
(e)
Reforestation and planting of riparian plants,
proper pruning and other plant maintenance.
(f)
Streambank stabilization.
(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)
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, including:
(a)
Open space uses, conducted in compliance with methods prescribed by Chapter
102 of Title 25 of the Pennsylvania Administrative Code, including:
[2] Nature and forest preserves.
[3] Passive areas of public and private
parklands.
(b)
Reforestation and planting of riparian plants,
proper pruning and other plant maintenance.
(c)
Agricultural uses, existing at the time of the adoption of this article, so long as they are conducted in compliance with the methods prescribed in Chapter
102 of Title 25 of the Pennsylvania Administrative Code.
(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.
D. Motor or wheeled vehicular traffic in any area except
on a permitted corridor crossing.
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.
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.