[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.
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.
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.
(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.
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.
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.
