All uses and activities established after the effective date of this chapter shall comply with the following standards. Site alterations, regrading, filling, or clearing of vegetation prior to the submission of applications for zoning or building permits or the submission of plans for subdivision or land development shall be a violation of this chapter. In the event that two or more resources overlap, the resource with the greatest protection standard (the least amount of alteration, regrading, clearing or building) shall apply to the area of overlap.
B.
Floodplain soils. All such areas shall not be altered, regraded, or built upon. Roads and utilities may cross floodplain soils where design approval is obtained from the Township and the Pennsylvania Department of Environmental Protection and where no other reasonable access is available. Floodplain soils shall not be used where a floodplain has been delineated in accordance with the Warwick Township Floodplain Ordinance.[2]
[Amended 3-16-2015 by Ord. No. 2015-5]
C.
Steep slopes. In areas of steep slopes, the following standards shall apply:
(1)
Eight percent to 15%: No more than 40% of such areas shall be altered, developed, regraded and/or stripped of vegetation.
(2)
Fifteen percent to 25%: No more than 30% of such areas shall be altered, developed, regraded and/or stripped of vegetation.
(3)
Twenty-five percent or more: No more than 15% of such area shall be altered, developed, regraded and/or stripped of vegetation.
D.
Woodlands. The following standards shall apply to woodlands:
(1)
Woodlands in environmentally sensitive areas: No more than 10% of woodlands located in environmentally sensitive areas shall be altered, regraded, cleared, and/or built upon. Environmentally sensitive areas shall include floodplains, floodplain soils, steep slopes (greater than 25%), wetlands, wetland margins, and lake or pond shorelines.
E.
Streams, watercourses, wetlands, lakes, or ponds. Such areas shall not be altered, regraded, developed, filled, piped, diverted, or built upon except that roads and utilities may cross streams, watercourses, and wetlands where design approval is obtained from the Township and the Pennsylvania Department of Environmental Protection and where no other reasonable access is available.
(1)
In the event that a wetlands delineation validated by the U.S. Army Corps of Engineers (ACOE) is shown to vary from the wetlands boundary derived from the definition in § 195-9 of this chapter, the ACOE delineation will govern. The wetlands margin will then be measured from the ACOE-delineated boundary.
F.
Lake or pond shorelines. No more than 20% of such areas shall be altered, regraded, filled or built upon.
G.
Stormwater. All applicants proposing development in the Township should review their proposals with the Township to assess the impacts and the potential for development of regional stormwater controls. All stormwater management plans must comply with the Storm Water Management Act (Act 167) and the Pennsylvania Dam Safety and Encroachments Act (Act 325) and Warwick Township stormwater management ordinances.[3]
H.
Soil erosion and sedimentation. All uses shall protect streams, lakes, and ponds from sedimentation damage and control erosion in accordance with the Clean Streams Law, P.L. 187, Chapter 102,[4]except that in addition, all subdivision and land developments shall submit a soil erosion and sedimentation plan as part of the preliminary subdivision or land development plan even where they are less than 25 acres in extent.
[4]
Editor's Note: See 35 P.S. § 691.1 et seq.
I.
Sewage disposal.
(1)
All sewage disposal systems, regardless of type, shall meet the requirements and procedures of the Warwick Township Sewage Facilities Plan and the Bucks County Department of Health. The applicant shall demonstrate compliance with the requirements of this section for all applications for zoning or building permits.
(2)
Where an existing or proposed on-site sewage treatment system with either surface discharge or subsurface discharge is proposed adjacent to a stream or water body, including lakes, ponds, and wetlands, it shall be set back not less than 300 feet from the edge or bank of such stream or water body to ensure that the contaminated water moves through the soil a sufficient distance to allow contaminants to be removed by the soil before discharging into a stream or water body.
J.
Prime farmland in the RA District. On a tract(s) containing 20 acres or more, no more than 50% of prime farmland as defined in § 195-9 of this chapter may be developed.
K.
Riparian corridor preservation.
(1)
Establishment. The establishment of the Riparian Corridor Conservation District (RCCD) applies to all streams and tributaries as well as perennial and intermittent streams leading to those streams and including all lakes and ponds shown on the map included in the Township's Official Sewage Facilities Plan (Act 537 Plan).
(2)
A residential lot legally in existence as of the effective date of this chapter may expand the area of the principal building on the lot by not more than 25% of the ground-floor area of the principal building on the property as of the effective date of this chapter without the provisions of the RCCD being applicable.
(3)
Measurement of the RCCD boundary shall extend a minimum of 75 feet from each defined edge of an identified watercourse or surface water body at the top of the bank, 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 will begin at each edge of an identified waterway (which can include wetlands and intermittent watercourses) and occupy a minimum width of 25 feet measured horizontally on a line perpendicular to the top-of-bank. The width of Zone One may be required to extend beyond the minimum 25 feet depending upon existing topography, woodlands, and other natural conditions.
[2]
Where steep slopes (in excess of 25%) are located within 25 feet of a municipally designated watercourse, Zone One shall extend the entire distance of this sloped area. If the distance of this sloped 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 will be adjusted so that the total corridor width (Zone One and Zone Two) will be 75 feet maximum.
(b)
Zone Two.
[1]
This zone will begin at the outer edge of Zone One and occupy a minimum width of 50 feet in addition to Zone One, unless modified herein.
[2]
Where the one-hundred-year floodplain extends greater than 75 feet from the waterway, Zone One shall remain a minimum of 25 feet wide, and Zone Two shall extend from the outer edge of Zone One to the outer edge of the one-hundred-year floodplain.
(c)
Width determination. The developer, applicant, property owner 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 municipality for subdivision, land development, or other improvements that require plan submissions or permits. This determination shall be subject to review by the Township Engineer.
(4)
Uses permitted in the RCCD. The following uses are permitted, either by right or as a conditional use, in the RCCD. Within any corridor, however, no construction, development, use, activity, or encroachment shall be permitted unless the activity is described in the corridor management plan.
(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]
Corridor crossings by livestock.
[2]
Uses permitted by conditional use:
[a]
Corridor crossings of recreational trails, roads, railroads, centralized sewer and/or waterlines, and public utility transmission lines, provided that any disturbance is offset by corridor improvements identified in the corridor management plan.
[b]
Selective cutting of extremely high economic value trees when removal is consistent with approved standards in the corridor management plan and complies with § 195-16A(5).
(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, 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 Chapter 102 of Title 25 of the Pennsylvania Administrative Code.
[e]
Corridor crossings by livestock.
[2]
Uses 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 of roads, railroads, centralized sewer and/or waterlines, and public utility transmission lines, provided that any disturbance is offset by corridor improvements identified in the corridor management plan.
[c]
Centralized sewer and/or waterlines and public utility transmission lines running along the corridor, provided that any disturbance is offset by corridor improvements identified in the corridor management plan. These lines shall be located as far from Zone One as practical.
[d]
Selective cutting of trees when removal is consistent with approved standards in the corridor management plan and complies with § 195-16A(5).
[e]
Passive-use areas such as camps, campgrounds, picnic areas, and golf courses. Active recreation areas such as ball fields, playgrounds, and courts, provided these uses are designed in a manner that will not permit concentrated flow.
[f]
Naturalized stormwater basins in compliance with the guidelines in the corridor management plan. The entire basin shall be located a minimum of 50 feet from the defined edge of identified watercourses.
(5)
Uses specifically prohibited in the RCCD. Any use or activity not authorized by Subsection L(4) of this section shall be prohibited within the RCCD. By way of example, the following activities and facilities are specifically prohibited:
(a)
Clear-cutting of trees and other vegetation.
(b)
Selective cutting of trees and/or the clearing of other vegetation within Zone One or Two except where such clearing is necessary to prepare land for a use permitted herein and where the effects of these actions are mitigated by revegetation, as specified herein.
(c)
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 part of a reforestation project, provided that the removal is in compliance with a corridor management plan approved by the Township.
(d)
Removal or disturbance of vegetation in a manner that is inconsistent with erosion control and corridor protection.
(e)
Storage of any hazardous or noxious materials.
(f)
Use of fertilizers, pesticides, herbicides, and/or other chemicals in excess of prescribed industry standards or the recommendations of the Bucks County Conservation District.
(g)
Roads or driveways, except where permitted as corridor crossings herein.
(h)
Motor or wheeled vehicle traffic in any area not designated to accommodate adequately the type and volume.
(i)
Parking lots for a use permitted herein.
(j)
Subsurface sewage disposal areas.
(k)
Sod farming.
(l)
Topsoil removal.
(6)
Inspection of Riparian Corridor Conservation District.
(a)
Lands within or adjacent to an identified Riparian Corridor Conservation District shall be inspected by the Township Engineer when:
(b)
The district may also be inspected periodically by the municipal representatives for compliance with an approved restoration plan, excessive or potentially problematic erosion, hazardous trees, or at any time when the presence of an unauthorized activity or structure is brought to the attention of Township officials.
(7)
Management of the Riparian Corridor District.
(a)
Corridor management plan. Within any Township-identified corridor area, no construction, development, use, activity, or encroachment shall be permitted unless the effects of such development are accompanied by implementation of an approved corridor management plan.
(b)
The developer, applicant or property owner shall submit to the Township Engineer a corridor management plan, prepared by a landscape architect, engineer, or other qualified professional, which fully evaluates the effects of any proposed uses on the Riparian Corridor Conservation District. The corridor management plan shall identify the existing conditions (vegetation, one-hundred-year floodplain, soils, slopes, etc.), all proposed activities, and all proposed management techniques, including any measures necessary to offset disturbances to the Riparian Corridor Conservation District. The plan shall be approved by Township Council as part of the subdivision and land development process.
(c)
Vegetation selection. To function properly, dominant vegetation proposed to be planted in the corridor management plan shall be selected from a list of plants most suited to the riparian corridor. Plants not included on the lists may be permitted when evidence is provided from qualified sources certifying their suitability.
[1]
In Zone One, dominant vegetation shall be composed of a variety of native riparian tree and shrub species and appropriate plantings necessary for stream bank 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 an approved corridor management plan.
[4]
Areas that cannot be revegetated shall be restored in compliance with an approved corridor management plan.
[5] MEADOWS OLD FIELDS WOODED AREAS
Where natural wooded areas, meadows, and old fields do not exist within the stream protection area, the applicant shall be required to either plant native species characteristic of the indigenous vegetation community or allow the adjacent areas to become reestablished by native plant communities through the natural process of succession. For the purpose of this section, "native species" shall include wooded areas, meadows, and old fields and shall be defined as follows:
A natural community consisting primarily of herbaceous plant material, such as grass, sedges and reeds, with few or no woody plants.
Areas consisting primarily of herbaceous plant species, such as goldenrod, buttercups, milkweed and daisies, with some woody plant species, such as cedars, sumac, blackberries, and raspberries.
Areas consisting of oak, chestnut, hickory or hardwood species characteristic of the original forests of southeastern Pennsylvania, including ash, beech, maple, birch, dogwood, and others. Wooded areas generally consist of a well-developed canopy with understory trees, shrubs, and herbaceous layer and provide valuable aesthetic and environmental benefits, including wildlife habitat and erosion control.
(8)
The disturbance standards described in this section shall apply to all uses and activities established after the effective date of this chapter, provided that residential accessory uses will be permitted in the RCCD on residential lots in existence as of the effective date of this chapter.