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.
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 crossing which is within 15° of perpendicular
to the water body.
(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.
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:
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"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.
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"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.
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"Zone 1 vegetation shall remain undisturbed
except for removal of invasive exotics and individual trees presenting
unusual hazards such as potentially blocking culverts, etc.
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"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."
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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.