Township of Whitemarsh, PA Article XXXV RCCD Riparian Corridor Conservation Overlay District [1]

[Added 3-24-2003 by Ord. No. 768[2]]

[1] Editor’s Note: This article title was amended, to include the word "overlay," 1-28-2010 by Ord. No. 893. Said ordinance also provided that all references to said district would be construed to be the name as amended.

[2] Editor's Note: This article originally provided for the adoption of this article as § 116-253 through § 116-262, but was amended 7-24-2003 by Ord. No. 776 to redesignate the sections as § 116-257 through § 116-266 to correct a numbering conflict.

§ 116-257 Legislative intent.

In expansion of the declaration of legislative intent contained in § 116-2, it is hereby declared to be the intent of this article with respect to the uses permitted herein to establish reasonable standards and controls for governing the conservation, management, disturbance, and restoration of riparian corridors under authority of Article I, Section 27 of the Pennsylvania Constitution, Act 247 the Municipalities Planning Code, as amended,[1] and other commonwealth and federal statutes, in conformance with the goals of the Comprehensive Plan, Open Space and Environmental Resource Protection Plan, and the following objectives:

A. Improve surface water quality by reducing the amount of nutrients, sediment, organic matter, pesticides, and other harmful substances that reach watercourses, wetlands, subsurface, and surface water bodies by using scientifically proven 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. Preserve and protect areas 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, as well as provide wildlife habitat, moderate water temperature in surface waters, attenuate flood flow, and provide opportunities for passive recreation.

D. Regulate the land use, siting, and engineering of all development to be consistent with the intent and objectives of this article and accepted conservation practices, and to work within the carrying capacity of existing natural resources.

E. 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,[2] 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 Montgomery County Conservation District.

[2] Editor's Note: See 35 P.S. 691.1 et seq.

F. Conserve natural features important to land or water resources such as headwater areas, groundwater recharge zones, floodway, floodplain, springs, streams, wetlands, woodlands, prime wildlife habitats, and other features that provide recreational value or contain natural amenities whether on developed or undeveloped land.

G. Work with floodplain, steep slope, and other requirements that regulate environmentally sensitive areas to minimize hazards to life, property, and riparian features.

H. Recognize that natural features contribute to the welfare and quality of life of the township residents.

I. Conserve natural, scenic, and recreation areas within and adjacent to riparian areas for the community's benefit.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

§ 116-258 Application and width determination.

A. Application. The Riparian Corridor Conservation District is an overlay district that applies to the streams, wetlands, and water bodies, and the land adjacent to them, as specified in the following table:

	Water Feature Surface		Minimum Corridor Width
	1.	Perennial streams. All perennial streams identified in the Soil Survey1 (Perennial streams are shown as solid lines on the Soil Survey maps.)	Zone 1: Minimum width of 25 feet from each defined edge of the watercourse at bank full flow, measured perpendicular to the edge of the watercourse. Zone 2: Minimum width of 50 feet from the outer edge of Zone 1, measured perpendicular to the edge of Zone 1, or equal to the extent of the one-hundred-year floodplain3, or 25 feet beyond the outer edge of a wetland along the stream, whichever is greater. (Total minimum width of Zones 1 and 2 = 150 feet plus the width of the stream.)
	2.	Intermittent streams. Intermittent streams identified in the Soil Survey1 or any stream otherwise identified on the applicant's plan that have an upstream drainage area of 75 acres or more2. (Intermittent streams are shown as dotted and dashed lines on the Soil Survey maps.)	Zone 1: Minimum width of 25 feet from each defined edge of the watercourse at bank full flow, measured perpendicular to the edge of the watercourse. Zone 2: Minimum width of 50 feet from the outer edge of Zone 1, measured perpendicular to the edge of Zone 1, or equal to the extent of the one-hundred-year floodplain3, or 25 feet beyond the outer edge of a wetland along the stream, whichever is greater. (Total minimum width of Zones 1 and 2 = 150 feet plus the width of the stream.)
	3.	Wetlands and water bodies. Wetlands not located along a stream, and water bodies, where the wetland and/or water body is greater than 10,000 square feet in area.	Zone 1: Minimum width of 25 feet from the outer edge of the wetland or water body, measured perpendicular to the edge. For wetlands located at the edge of a water body, the measurement shall be made from the outer edge of the wetland. Zone 2: Does not apply.
	NOTES:
	1Soil Survey shall mean the most recent edition of the Soil Survey of Montgomery County.
	2Upstream drainage area is measured from where the stream exits the applicant's site.
	3One-hundred-year floodplain as identified on the Flood Insurance Rate Map (FIRM) prepared by FEMA, or as calculated by the applicant where FEMA data does not apply.

B. Zone width adjustments for steep slopes. Where steep slopes in excess of 25% are located within Zone 1 along a stream identified in Subsection 1 or 2 of the table above, Zone 1 shall be extended over the steeply sloped area as follows:

(1) If the extent of the steeply sloped area is more than 75 feet, Zone 1 shall extend to the seventy-five-foot maximum corridor width, and Zone 2 shall not be required.

(2) If the extent of the steeply sloped area is less than 75 feet, Zone 1 shall extend to the limit of the steeply sloped area, and the width of Zone 2 shall be adjusted so that the total corridor width (Zone 1 plus Zone 2) will be 75 feet maximum.

C. Identification and width determination. The applicant shall be responsible for the following:

(1) Identifying the watercourses, wetlands, and/or water bodies on and abutting the applicant's site, and locating these features accurately on the applicant's plans.

(2) Initial width determination of the riparian corridor(s) in compliance with Subsection 1 of the table above, herein, and for identifying these areas on any plan that is submitted for subdivision, land development, or other improvements that require plan submissions or permits. The initial determination(s) shall be subject to review and approval by the Township Planning Commission, with the advice of the Township Engineer.

D. Conflict with floodplain regulations. Where a conflict exists between these Riparian Corridor Conservation District regulations and the Floodplain Conservation District regulations (Article XXII), the stricter regulation shall apply.

§ 116-259 Permitted uses.

The following uses are permitted by right in the Riparian Corridor Conservation District in compliance with the requirements of this article:

A. General regulations. There shall be a setback from the boundary of the Riparian Corridor Conservation District. Said setback shall be equal to at least 1/2 of the setback applicable on that portion of any individual lot.

[Amended 3-28-2013 by Ord. No. 925]

B. Zone One.

(1) 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.

(b) Streambank stabilization, in accordance with best management practices.

(2) Forestry operations approved by the Montgomery County Conservation District.

(3) Corridor crossings.

(a) Agricultural crossings by farm vehicles and livestock.

(b) Driveways serving one or two single-family detached dwelling units, provided the mitigation requirements of § 116-264B are satisfied. The corridor crossing standards of § 116-264A should be considered during design of the driveway.

(c) Driveways serving more than two single-family detached dwelling units, or roadways, recreational trails, railroads, and utilities, provided the mitigation requirements of § 116-264B and the corridor crossing design standards of § 116-265A are satisfied.

C. Zone Two.

(1) Open space uses including wildlife sanctuaries, nature preserves, forest preserves, passive areas of public and private parklands, recreational trails, and reforestation.

(2) Agricultural uses conducted in compliance with methods prescribed in the Department of Environmental Protection's Erosion and Sediment Pollution Control Manual, 1990, as amended.

(3) Corridor crossings:

(a) Agricultural crossings by farm vehicles and livestock.

(b) Driveways serving one or two single-family detached dwelling units, provided the mitigation requirements of § 116-264B are satisfied. The corridor crossing standards of § 116-265A should be considered during design of the driveway.

(c) Driveways serving more than two single-family detached dwelling units, or roadways, recreational trails, railroads, and utilities, provided the mitigation requirements of § 116-264B and the corridor crossing design standards of § 116-265A are satisfied.

(4) Residential accessory structures having an area equal to or less than 200 gross square feet.

(5) Forestry operations approved by the Montgomery County Conservation District.

(6) 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 of stormwater runoff.

(7) Centralized sewer and/or water lines and public utility transmission lines running along the corridor. When proposed as part of a subdivision or land development, the mitigation requirements of § 116-264B shall be satisfied. In all cases, these lines shall be located as far from Zone One as practical.

§ 116-260 Uses specifically prohibited.

Any use or activity not authorized within § 116-259, herein shall be prohibited within the Riparian Corridor Conservation District, and the following activities and facilities are specifically prohibited:

A. Clearing of existing vegetation, except where such clearing is necessary to prepare land for a use permitted under § 116-259, herein, and where the effects of these actions are mitigated by reestablishment of vegetation, as specified under § 116-264, herein.

B. Storage of any hazardous or noxious materials.

C. Roads or driveways, except where permitted as corridor crossings in compliance with § 116-259, herein.

D. Motor or wheeled-vehicle traffic in any area not designed to accommodate adequately the type and volume.

E. Parking lots.

F. Any type of permanent structure, including fences, except structures needed for a use permitted in § 116-259, herein.

G. Subsurface sewage disposal areas.

H. Sod farming.

I. Stormwater basins, including necessary berms and outfall facilities.

§ 116-261 Nonconforming structures and uses.

A. A lot containing a residential dwelling that was in existence at the time this article was adopted may be permitted to expand the principal building or to install a permitted structure into Zone Two. This expansion shall not be more than 25% of the footprint of the principal building that was in existence at the time this article was adopted. Such an expansion may be either singular or cumulative. For purposes of this section, "footprint" shall mean "building footprint" (which, for purposes of this chapter, is defined the same as "building area" in Article II, § 116-11) and shall include the following regardless of their inclusion or exclusion in the definition of "building area" bay windows with floor space, porches, and decks.

[Amended 3-28-2013 by Ord. No. 925]

B. Any other nonconformity for either a structure or uses shall be regulated under Article XXVII, Nonconforming Lot, Structure and Use, herein.

§ 116-262 Boundary Interpretation and Appeals Procedure

A. When an applicant disputes the Zone 1 and/or 2 boundaries of the Riparian Corridor or the defined edge of a watercourse, surface water body, or wetland, the applicant shall submit evidence to the Township that shows the applicant's proposed boundary and provides justification for the proposed boundary change.

B. The Township Engineer, and/or other advisors selected by the Board of Supervisors, shall evaluate all material submitted and provide a written determination to the Board of Supervisors, Township Planning Commission, and 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 Article XXIX, Zoning Hearing Board, of this chapter. The party contesting the location of the district boundary shall have the burden of proof in case of any such appeal.

§ 116-263 Inspection.

A. Lands within or adjacent to an identified Riparian Corridor Conservation Overlay District will be inspected by the Township Code Enforcement Officer when:

(1) A subdivision or land development plan is submitted.

(2) A building permit is requested.

(3) A change or resumption of nonconforming use is proposed.

B. The district may also be inspected periodically by the Code Enforcement Officer and/or other representatives designated by the Board of Supervisors 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.

§ 116-264 Management.

A. Riparian corridor planting. Reestablishment of forest cover and woodland habitat shall be required consistent with the requirements of the landscape regulation within the Township Subdivision and Land Development Ordinance.[1]

[1] Editor's Note: See Ch. 105, Subdivision and Land Development.

B. Mitigation measures. Uses permitted in § 116-259 involving corridor crossings or other encroachment within the riparian corridor shall be mitigated by increasing the width of the corridor as replacement for the area lost due to the encroachment or disturbance, so that the total area of the corridor (Zone 1 and Zone 2) for each applicable side of the stream or watercourse is equal to that required by § 116-258A.

C. Corridor area is the product of the corridor width required by § 116-258A (the whole table) and the total length for each applicable side of the stream or watercourse for which a riparian corridor is being established. Perimeter shall be used in place of length for determining wetland buffer area. The increased width shall be spread throughout the corridor to the maximum extent possible. For stream and watercourses the increased width shall not be concentrated into an area less than 1,000 feet in length or the full length of the corridor on the affected property, whichever is less.

§ 116-265 Corridor crossings standards.

Corridor crossing criteria. Review by the Board of Supervisors regarding uses permitted in § 116-259B and C and involving corridor crossings should include, but not be limited to, consideration of the following design standards:

A. The width of the right-of way should not be greater than the minimum right-of-way width required by the Township Subdivision and Land Development Ordinance.[1]

[1] Editor's Note: See Ch. 105, Subdivision and Land Development.

B. Crossings should be designed to cross the riparian corridor at direct right angles to the greatest extent possible in order to minimize disturbance of the corridor.

C. Corridor crossings should be separated by a minimum of 1,000 feet of buffer length.

D. Bridges should be used in place of culverts when crossings would require a 72 inch or greater diameter pipe. When culverts are installed they should consist of slab, arch or box culverts. Corrugated metal pipe shall not be utilized for culverts. Natural materials shall be utilized to maintain the character of the stream channel through the corridor crossing, without adversely affecting the hydraulic capacity of the structure. The design of the corridor crossing shall preclude erosion of the adjoining watercourse by limiting flow velocities to that permitted by the Grading, Erosion Control, and Stormwater Management Ordinance.[2]

[2] Editor's Note: See Ch. 58, Grading, Erosion Control, Stormwater Management and Best Management Practices.

§ 116-266 Use of technical terminology.

Technical terminology used in this article shall be interpreted to have the meanings used by recognized sources and experts in the fields of forestry, woodland or meadow management, streambank protection, wetlands management, erosion and sedimentation control, or other relevant fields.