[Added 3-13-2000 by Ord. No. 1-2000]
The purposes of this article are as follows:
A. 
To promote the public health, safety and welfare by the protection of riparian areas and by encouraging the retention of open space located and designed so as to constitute a harmonious and appropriate part of the physical development of Willistown Township.
B. 
To regulate uses and structures, and provide transitional provisions, at or near watercourses, floodplains, wetlands and other bodies of water.
C. 
To regulate uses, activities and development within the RBA that would impair the function of the buffer to mitigate flood impact through the absorption of stormwater runoff.
D. 
To establish continuous vegetated strips along water bodies which serve to filter and remove pollution-laden runoff from entering water bodies and protect against streambank erosion and tree loss.
E. 
To promote stabilized streambanks which will reduce downstream transport of eroded sediment and pollutants.
F. 
To provide food, cover and thermal protection for aquatic organisms and other wildlife.
G. 
To preserve species-rich vegetative communities along and adjacent to water bodies.
H. 
To contribute to the aesthetics and property values of township landowners and adjacent communities.
A. 
Compliance. No area within the RBA Conservation District shall hereafter be used without full compliance with the terms of this article, Chapter 139, Zoning, Chapter 123, Subdivision and Land Development, and other applicable regulations.
B. 
Riparian Buffer Area Conservation District overlay concept. The RBA Conservation District shall be deemed an overlay on any zoning district(s) now or hereafter enacted to regulate the use of land in Willistown Township.
(1) 
The RBA Conservation District shall have no effect on the permitted uses in the underlying zoning district, except where said uses are intended to be located within the boundaries of the RBA Conservation District, as defined herein, and said uses are in conflict with the permitted uses set forth in this article. These regulations apply only to those portions of a tract or lot which come under the RBA Conservation District; portions not under the district shall conform to the standards of the underlying zoning district.
(2) 
In those areas of the township where the RBA Conservation District applies, the requirements of the RBA Conservation District shall supersede the requirements of the underlying zoning district(s). Where there happens to be any conflict between the provisions of the RBA Conservation District, the Floodplain Conservation District or the Steep Slope Conservation District, the more restrictive provisions shall apply.
(3) 
Should the RBA Conservation District boundaries be changed as a result of legislative or administrative actions or judicial decision, the zoning requirements applicable to the area in question falling outside of the RBA Conservation District shall revert to the requirements of the underlying zoning district(s) without consideration of this article.
(4) 
For any parcel or any part thereof on which the RBA Conservation District is an overlay, should the underlying zoning classification(s) be changed as a result of legislative or administrative actions or judicial decision, such change(s) in classification shall have no effect on the boundaries of the RBA Conservation District, unless an amendment to said boundaries was included as part of the proceedings from which the subsequent change(s) originated.
C. 
Preservation of other restrictions. It is not intended by this article to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this article imposes greater restrictions, the provisions of this article shall prevail.
D. 
Municipal liability. Any determination that a proposed use complies with this chapter or any approval of a subdivision or land development plan or any issuance of a building permit within or near the RBA Conservation District shall not constitute a representation, guaranty or warranty of any kind by the township or by any official or employee thereof of the practicality or safety of the proposed use and shall create no liability upon the township, its officials or employees. This chapter does not imply that areas outside the RBA Conservation District boundaries or land uses permitted within said district will always be totally free from the adverse effects of erosion, pollution or other effects of nearby riparian areas.
A. 
District defined. The RBA Conservation District consists of land which forms a transition zone between aquatic and terrestrial environments.
(1) 
The RBA Conservation District consists of all of the following areas:
(a) 
One hundred feet on either side of perennial and intermittent streams and lakes as well as land adjacent to watercourses that drain greater than 15 acres;
(b) 
All of the floodplain, plus an additional 50 feet of adjacent land;
(c) 
All of a wetland greater than 20,000 square feet in area, plus an additional 50 feet of adjacent land.
(2) 
The RBA Conservation District shall consist of two zones:
(a) 
Zone l: Zone 1 is the land within 25 feet of the water body or wetland and shall include any contiguous area of slopes in excess of 15%.
(b) 
Zone 2: Zone 2 is the remainder of the RBA.
B. 
District identification and calculation.
(1) 
Initial identification of the watercourses/water bodies shall be made using the United States Geological Survey quadrangle maps or more accurate information, as available. Field verification to determine evidence and location of channelized flow is required for a specific determination.
(2) 
Measurements for the Zone 1 boundary are to be made horizontally, perpendicular from the following reference points: top of bank of perennial streams, center line of intermittent streams and mean water level edge of lakes and ponds. Measurements for the Zone 2 boundary are to be made horizontally, perpendicular from the boundary of Zone 1.
(3) 
Measurements shall be made at appropriate intervals perpendicular to these reference points so as to accurately reflect the character of the adjacent land.
(4) 
The width of existing impervious areas, such as roadways, parking lots, structures, sidewalks and the like, shall not count towards the RBA Conservation District requirements.
(5) 
The township, in consultation with its engineer, shall make final determination of the boundaries of the RBA Conservation District.
C. 
Exceptions. An RBA shall not be designated along industrial ponds, sewage lagoons, man-made irrigation ditches, stormwater management basins and other artificial features with a similar water quality or storage function.
D. 
Any party aggrieved by any determination of the township and its engineer or other decision or determination under this section may appeal to the Zoning Hearing Board. The party contesting the location of the district boundary shall have the burden of proof in case of any such appeal.
Whenever the underlying zoning district permits the following uses, such uses may be permitted in the RBA Conservation District; any use not specifically permitted by this section is prohibited. All uses shall be designed so as to prevent woodland or habitat fragmentation and have the least overall environmental impact on the RBA.
A. 
Zone 1.
(1) 
Permitted uses.
(a) 
Public or private open space, exclusive of structures and impervious cover, without disturbance of vegetation.
(b) 
Maintenance of existing public utilities, including, but not limited to, transmission lines, roads, drainage facilities and sewer and water facilities.
(c) 
Public water-dependent uses, including, but not limited to, the following: water-supply storage facilities, water-supply intakes, pumping stations, monitoring stations, wastewater treatment facilities and structures related thereto.
(d) 
Removal of nonnative vegetation, consistent with accepted forest management practices and an approved RBA management plan as described in § 73-64.
(2) 
Conditional uses.
(a) 
Road, street, or driveway crossing which is within 15° of perpendicular to the water body.
[Amended 9-9-2024 by Ord. No. 6-2024]
(b) 
Utility crossing which is perpendicular to the water body.
(c) 
Recreational trails which are no wider than eight feet and which are not surfaced with impervious materials. Relocation of preexisting trails, where necessary, shall be at the discretion of the Board of Supervisors, with the advice of the Planning Commission.
(d) 
Stormwater outfall, provided that the discharge velocity from the terminal end of the pipe or the associated energy dissipation practice does not exceed two feet per second (fps) for the two-year frequency storm event. In addition, all other feasible methods shall be used to convert concentrated flow to uniform, shallow sheet flow, filter sediments and control erosion.
B. 
Zone 2.
(1) 
Permitted uses.
(a) 
Any use permitted in Zone 1.
(b) 
Agricultural uses excepting those that: require till, require chemical application or include the grazing of animals. In addition, agricultural operations must utilize soil conservation practices consistent with an approved conservation plan. Such uses shall not be permitted in Zone 2 along those portions of Ridley and Crum Creeks that are designated as "exceptional value" or "high-quality special protection waters" by the Commonwealth of Pennsylvania.
[Amended 9-22-2003 by Ord. No. 5-2003]
(2) 
Conditional uses.
(a) 
Any conditional use permitted in Subsection A(2) of this section, when in accordance with the terms specified therein.
(b) 
Sewer and/or water lines and other utility transmission lines running parallel to the water body along the RBA, provided that any disturbance is, at a minimum, mitigated with the provisions of the RBA management plan. These lines shall be located as far from Zone 1 as practical.
(c) 
Passive recreational areas that contain no impervious cover and do not disturb vegetation.
(d) 
Stormwater management facilities. In addition, discharge velocities from the terminal end of the pipe or the associated energy dissipation practice shall not exceed two fps for the two-year frequency storm event. All other feasible methods shall be used to convert concentrated flow to uniform, shallow sheet flow, filter sediment and control erosion.
A. 
Any proposed construction or land disturbance activity within the RBA shall be in compliance with the uses permitted in § 73-62.
B. 
In addition to the standards and procedures of this article, and the standards and procedures of § 139-118.1 of Chapter 139, Zoning, of this Code, relating to applications for conditional use approval, the Board of Supervisors shall require the following standards be met prior to granting approval of any conditional use application:
(1) 
The RBA is being proposed for land disturbance because no other alternative location within the site is feasible or practical for the proposed conditional use and the proposed conditional use is essential for the proposed development or use of the site.
(2) 
The RBA management plan shall comply with the provisions of § 73-64 of this article. All uses and activities must be accomplished in accordance with the approved RBA management plan.
(3) 
Earthmoving activities and vegetation removal will be conducted only to the extent necessary to accommodate proposed uses within the RBA and in a manner that will not cause excessive surface water runoff, erosion, sedimentation or unstable soil conditions.
(4) 
The proposed development and the resultant disturbance to the land and existing vegetative cover will not cause runoff and/or related environmental problems off the site.
An RBA management plan shall be submitted and approved prior to plan recordation. In the case of a conditional use, the RBA management plan shall be submitted along with the application for conditional use approval. All information relevant to site maintenance and guaranty pursuant to § 73-57 shall be included in the management plan. In addition, the plan shall include the following:
A. 
A narrative describing the development of the subject property, a description of the features of the RBA within the subject property and the impacts within the delineated RBA.
B. 
Description and depiction of enhancements according to § 73-55.1, including surface mulch, guy-wires staking, and grazing protection details based on accepted standards. Also included shall be a clear statement describing how the enhancements meet the design standards contained in § 73-56F.
C. 
The number and placement of signs identifying the RBA and the need for minimal disturbance within RBA'S.
D. 
A narrative describing the significance of the RBA and the maintenance activities which will be performed. Such narrative shall include, but shall not be limited to, the following language:
"RBA's shall be inspected annually and immediately following severe storms for evidence of sediment deposit, erosion or concentrated flow channels, as well as the reemergence of invasive exotics. Prompt corrective action shall be taken to stop erosion and restore sheet flow.
"The following activities shall be prohibited in the RBA: excessive use of fertilizers, pesticides or other chemicals; vehicular traffic or excessive pedestrian traffic; litter; and removal or disturbance of vegetation that aids erosion control and buffering objectives.
"Zone 1 vegetation shall remain undisturbed except for removal of invasive exotics and individual trees presenting unusual hazards such as potentially blocking culverts, etc.
"Zone 2 vegetation adjacent to Zone 1 shall remain undisturbed except for removal of invasive exotics. Zone 2 vegetation on the outer edge of the RBA should be mowed semiannually. Vegetation should be inspected at least twice annually and remedial measures taken as necessary to maintain dense vegetation."
Following adoption of this article, any use or structure which is situated within the boundaries of the RBA Conservation District which does not conform to the use provisions of § 73-62 above shall become a nonconforming use or structure, regardless of its conformance to the district in which it is located without consideration of this article. The expansion or continuance of said nonconforming use or structure shall be governed by the requirements of § 139-90 and § 139-91 of the Code of Willistown Township. However, the Zoning Hearing Board shall also ensure that the standards contained in this article are applied to the expansion or continuance of said nonconforming use or structure.