It is the intent of this article to provide reasonable controls 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 Pottstown Metropolitan Area Regional
Comprehensive Plan, Township Open Space 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, and 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 the best-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's 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. Zones 1 and 2: At least half of any required yard
setback area, for any individual lot, must be entirely outside of
the Riparian Corridor Conservation District.
B. Zone 1:
(1)
Open space uses that are primarily passive in
character shall be permitted to extend into the area defined as Zone
1, including:
(a)
Wildlife sanctuaries, nature preserves, forest
preserves, fishing areas, passive areas of public and private parklands,
and reforestation.
(b)
Stream bank stabilization.
(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 §
350-198B are satisfied. The corridor crossing standards of §
350-199 should be considered during design of the driveway.
(c)
Driveways serving more than two single-family
detached dwelling units, or roadways, recreational trails, railroads,
farm vehicles and livestock, and utilities, provided:
[1]
Township approval is obtained;
[2]
The mitigation requirements of §
350-198B are followed; and
[3]
The corridor crossing design standards of §
350-199 are satisfied.
C. Zone 2:
(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 (including expansions of existing
operations on an existing parcel) conducted in compliance with methods
prescribed in the Department of Environmental Protection's Erosion
and Sediment Pollution Control Manual, March 2000, as amended. Agricultural
uses shall comply with best management practices (consistent with
USDA's Natural Resources Conservation Service), and be located as
far from Zone 1 as possible.
(3)
Corridor crossings (corridor crossings shall
be located as far from Zone 1 as possible):
(a)
Agricultural crossings by farm vehicles and
livestock.
(b)
Driveways serving one or two single-family detached dwelling units, provided the mitigation requirements of §
350-198B are satisfied. The corridor crossing standards of §
350-199 should be considered during design of the driveway.
(c)
Driveways serving more than two single-family
detached dwelling units, or roadways, recreational trails, railroads,
farm vehicles and livestock, and utilities, provided:
[1]
Township approval is obtained.
[2]
The mitigation requirements of §
350-198B are followed; and
[3]
The corridor crossing design standards of §
350-199 are satisfied.
(4)
Residential accessory structures (no more than
one per property) having an area equal to or less than 225 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 ballfields,
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 waterlines, and public utility transmission lines running along the corridor. When proposed as part of a subdivision or land development, the mitigation requirements of §
350-198B shall be satisfied. In all cases, these lines shall be located as far from Zone 1 as practical.
D. Zone 3. Zone 3 must included level spreading devices
as necessary to insure that any directed discharged stormwater flows
are properly distributed as sheet flow, and channelization and point
source discharge are avoided.
[Amended 4-18-2011 by Ord. No. 446]
Any use or activity not authorized within §
350-193 herein shall be prohibited within Zones 1 and 2 of the Riparian Corridor Conservation District and the following activities and facilities are specifically prohibited:
A. Clearing of all existing vegetation, except where such clearing is necessary to prepare land for a use permitted under §
350-198A, herein, and where the effects of these actions are mitigated by reestablishment of vegetation, as specified under §
350-198A, herein.
B. Storage of any hazardous or noxious materials.
C. Use of fertilizers, pesticides, herbicides, and/or
other chemicals in excess of prescribed industry standards or the
recommendations of the Montgomery County Conservation District.
D. Roads or driveways, except where permitted as corridor crossings in compliance with §
350-193 herein.
E. Motor or wheeled vehicle traffic in any area not designed
to accommodate adequately the type and volume of such traffic.
G. Any type of permanent structure, except structures needed for a use permitted in §
350-193, herein.
H. Sewage disposal areas (on-site, including sand mounds).
J. Stormwater basins, including necessary berms and outfall
facilities.
Existing uses falling within the Riparian Corridor
Conservation District, unless otherwise addressed by the provisions
herein, are not subject to the requirements of this article.
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,
stream bank protection, wetlands management, erosion and sedimentation
control, or other relevant fields.