[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.
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.
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.
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:
(2)
Forestry operations approved by the Montgomery
County Conservation District.
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.
(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:
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.
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]
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.
A.
Lands within or adjacent to an identified Riparian
Corridor Conservation Overlay District will be inspected by the Township
Code Enforcement Officer when:
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.
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.
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:
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]
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.