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, 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, 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.
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.
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.
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.
F. Any type of permanent structure, including fences, except structures needed for a use permitted in §
116-259, herein.
G. Subsurface sewage disposal areas.
I. Stormwater basins, including necessary berms and outfall
facilities.
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.
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.
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.