[Added 9-10-2009 by Ord. No. 2009-07]
In expansion of the declaration of legislative intent found in Article I, § 285-2 of this chapter, and the statement of community development objectives found in Article I, § 285-3 of this chapter, it is the intent of this article to:
A.
Provide reasonable controls governing the conservation, management,
disturbance and restoration of riparian corridors.
B.
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.
C.
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.
D.
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 to provide wildlife habitat,
moderate water temperature in surface waters, attenuate flood flow,
and provide opportunities for passive recreation.
E.
Regulate the land use, siting and engineering of all development
to be consistent with the intent and objectives of this article and
with the best-accepted conservation practices and to work within the
carrying capacity of existing natural resources.
F.
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,[1] 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.
[1]
Editor's Note: See P.S. § 691.1 et seq.
G.
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.
H.
Work with floodplain, steep slope and other requirements that regulate
environmentally sensitive areas to minimize hazards to life, property
and riparian features.
I.
Recognize that natural features contribute to the welfare and quality
of life of the Upper Frederick Township residents.
J.
Conserve natural, scenic and recreation areas within and adjacent
to riparian areas for the community's benefit.
A.
Overlay concept. The Riparian Corridor Conservation District (RCC)
shall function as an overlay on any and all districts now or hereinafter
enacted by the Township.
(1)
The RCC District shall have no effect on the permitted uses
in the underlying zoning district, except where uses located within
the district are in conflict with permitted uses, standards and intent
set forth in this article.
(2)
In those areas where the RCC District applies, the RCC requirements
shall supersede the requirements of the underlying zoning districts.
(3)
Changes in the underlying zoning districts shall have no effect
on the boundaries of the RCC District.
B.
Boundary definition. The boundaries of the RCC District are defined
and established as those areas adjacent to perennial streams, intermittent
streams, wetlands and waterbodies identified on a Riparian Corridor
Conservation District Map maintained by Upper Frederick Township and
incorporated herein by reference. In addition, upon submission of
a land development plan, the applicant, at its expense, shall do any
and all necessary testing to identify any area within the proposed
project subject to the regulatory requirements of the Riparian Corridor
Conservation District.
(1)
Zone 1 riparian buffer; a buffer a minimum width of 25 feet
from each defined edge of watercourse at bank full flow, measured
perpendicular to the edge of the watercourse. Applicable watercourses
include all perennial streams, intermittent streams draining 75 acres
or greater, wetlands and other nonagricultural waterbodies greater
than 10,000 square feet unless specifically exempted.
(a)
Zone 1 steep slopes. Where steep slopes greater than 15% are
located within 25 feet of the defined edge of bank, the Zone 1 riparian
buffer shall be measured 25 feet from the break in steep slope. When
the combination of steep slopes and Zone 1 riparian buffer exceed
75 feet from edge of bank at full flow, the boundary of Zone 1 riparian
buffer shall not extend beyond 75 feet from edge of bank at full flow.
(b)
Exempt waterbodies. Manmade waterbodies created for use with
agricultural activities are exempt.
(2)
Zone 2 riparian buffer; a buffer a minimum width of 50 feet
from the outer edge of the Zone 1 riparian buffer, measured perpendicular
to the edge of the Zone 1 riparian buffer. Applicable watercourses
include all perennial streams identified on the Riparian Corridor
Conservation District Map.
(a)
Zone 2 steep slopes. Where steep slopes greater than 15% are
located within Zone 2, the Zone 2 riparian buffer shall extend a minimum
of 25 feet from the outer edge of steep slopes. When the combination
of Zone 2 steep slopes and Zone 1 riparian buffer exceed 200 feet
from edge of bank at full flow, the boundary of Zone 2 riparian buffer
shall not extend beyond 200 feet from edge of bank at full flow.
(b)
Zone 2 exempt waterbodies. All waterbodies not designated as
a perennial stream on the Riparian Corridor Conservation District
Map are exempt.
(3)
Zone 3 riparian buffer; a buffer a minimum width of 25 feet
from the outer edge of the Zone 2 riparian buffer, measured perpendicular
to the edge of the Zone 2 riparian buffer. In no case will the outer
edge of the Zone 3 riparian buffer extend beyond 200 feet from the
edge of the bank at full flow. Applicable watercourses include all
perennial streams identified on the Riparian Corridor Conservation
District Map.
(a)
Zone 3 steep slopes. Where steep slopes greater than 15% are
located within Zone 3, the Zone 3 riparian buffer shall extend a minimum
of 25 feet from the outer edge of steep slopes. When the combination
of steep slopes and Zone 1 and 2 riparian buffers exceed 200 feet
from edge of bank at full flow, the boundary of Zone 3 riparian buffer
shall not extend beyond 200 feet from edge of bank at full flow.
(b)
One-hundred-year floodplain. In cases where the one-hundred-year
floodplain extends beyond 25 feet from the outer edge of the Zone
2 riparian buffer, the Zone 3 riparian buffer shall extend to the
outer edge of the one-hundred-year floodplain, not to exceed 200 feet
from edge of bank at full flow.
(c)
Zone 3 exempt waterbodies. All waterbodies not designated as
a perennial stream on the Riparian Corridor Conservation District
Map are exempt.
C.
Boundary interpretation and appeals. An initial determination as
to whether the RCC District applies to a given parcel shall be made
by the Zoning Officer.
(1)
When an applicant disputes the Zone 1, 2 and/or 3 boundaries
of the riparian corridor or the defined edge of a watercourse, surface
water body or wetland, the applicant shall submit evidence to the
Zoning Officer that shows the applicant's proposed boundary and provides
justification for the proposed boundary.
(2)
The Zoning Officer, with input from the Township Engineer and/or
other advisors selected by the Board of Supervisors, shall evaluate
all material submitted and provide a written determination within
45 days to the Board of Supervisors, Township Planning Commission
and landowner or applicant.
A.
Permitted uses. The following uses are permitted in Zone 1, 2 and
3 of the Riparian Corridor Conservation District as noted below.
(1)
Zone 1.
(a)
Open space uses that are primarily passive in character shall
be permitted to extend into the area defined as Zone 1, including:
(2)
Zone 2.
(a)
Uses permitted in Zone 1.
(b)
Open space uses, including wildlife sanctuaries, nature preserves,
forest preserves, passive areas of public and private parklands, recreational
trails and reforestation.
(c)
Agricultural uses conducted in compliance with methods prescribed
in the Department of Environmental Protection's Erosion and Sediment
Pollution Control Manual, March 2000, as amended.
(d)
Forestry in accordance with recognized soil conservation practices.
(e)
Passive use without impervious surface areas, such as camps,
campgrounds and picnic areas.
B.
Conditional uses. The following, and no other uses, are permitted
when authorized as a conditional use by the Board of Supervisors,
provided that such use shall meet the standards set forth in this
article. Such use shall be permitted subject to such reasonable conditions
and safeguards as the Board of Supervisors may determine. All conditional
uses must meet the requirements of the underlying district.
(1)
(2)
Zone 3.
(a)
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. May include open shelters usually found in developed outdoor recreation areas. Toilet facilities may be acceptable when connected to public water and sewage systems. All impervious surfaces must provide mitigation measures in accordance with the requirements of § 285-211.
(b)
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 § 285-211 shall be satisfied. In all cases, these lines shall be located as far from Zone 2 as practical.
(d)
Accessory structures in excess of 225 square feet where the effects of these structures are mitigated by reestablishment of vegetation, as specified under § 285-211D, Mitigation measures, and § 240-37F(6) of the Subdivision and Land Development Ordinance.
C.
Prohibited uses. Any use or activity not authorized within § 285-206, herein, shall be prohibited within all Zones of the Riparian Corridor Conservation District. The following activities and facilities are specifically prohibited:
(1)
Zone 1.
(a)
Clearing of existing vegetation, except where such clearing is necessary to prepare land for a use permitted under § 285-206, herein, and where the effects of these actions are mitigated by reestablishment of vegetation, as specified under § 240-37F(6) of the Subdivision and Land Development Ordinance.
(b)
Storage of any hazardous or noxious materials listed in § 285-138 of the Code of the Township of Upper Frederick.
(c)
Use of fertilizers, pesticides, herbicides and/or other chemicals
in excess of the manufacturer's instructions or in the absence of
instructions per prescribed industry and/or the recommendations of
the Montgomery County Conservation District.
(d)
Roads or driveways, except where permitted as corridor crossings in compliance with § 285-212, herein.
(e)
Motor or wheeled vehicle traffic in any area not designed to
accommodate adequately the type and volume.
(f)
Parking lots.
(g)
Any type of permanent structure, except structures identified or needed for a use permitted in § 285-206, herein.
(h)
Subsurface sewage disposal areas.
(i)
Sod farming.
(j)
Stormwater basins, including necessary berms and outfall facilities.
(k)
Grading or regrading of lands, including the deposition of topsoils
and the grading thereof, and the construction of retaining walls.
(l)
Outlet installations for sewage treatment plants and sewage
pumping stations.
(2)
Zones 2 and 3.
(a)
Clearing of existing vegetation, except where such clearing is necessary to prepare land for a use permitted under § 285-206, herein, and where the effects of these actions are mitigated by reestablishment of vegetation, as specified under § 240-37F(6) of the Subdivision and Land Development Ordinance.
(b)
Storage of any hazardous or noxious materials listed in § 285-138 of the Code of the Township of Upper Frederick.
(c)
Use of fertilizers, pesticides, herbicides and/or other chemicals
in excess of the manufacturer's instructions or in the absence of
instructions per prescribed industry and/or the recommendations of
the Montgomery County Conservation District.
(d)
Roads or driveways, except where permitted as corridor crossings in compliance with § 285-212, herein.
(e)
Motor or wheeled vehicle traffic in any area not designed to
accommodate adequately the type and volume, except for vehicles associated
with maintenance of RCC District, agriculture and forestry.
(f)
Parking lots.
(g)
Any type of permanent structure, except structures identified or needed for a use permitted in § 285-206, herein.
(h)
Subsurface sewage disposal areas.
(i)
Sod farming.
(j)
Stormwater basins, including necessary berms and outfall facilities.
(k)
Outlet installations for sewage treatment plants and sewage
pumping stations.
(l)
Grading or regrading of lands, including the deposition of topsoils
and the grading thereof, and the construction of retaining walls.
A.
A zoning permit shall be required for all development and activity
affecting the vegetation in the Riparian Corridor Conservation District.
An application for a zoning permit shall be filed with the Zoning
Officer, who shall make an initial determination on the application.
Nonconforming structures and uses of land within the Riparian Corridor Conservation District shall be regulated under the provisions of Article VI, Nonconforming Status, herein, except that the one-year time frame for discontinuance shall not apply to agricultural uses which are following prescribed best management practices for crop rotation.
A.
Lands within or adjacent to an identified Riparian Corridor Conservation
District will be inspected by the Zoning Officer and/or other representatives
designated by the Upper Frederick Township Board of Supervisors when:
B.
The District may also be inspected periodically by the Zoning Officer
and/or other representatives designated by the Upper Frederick Township
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, or possibility of, an unauthorized
activity or structure is brought to the attention of Upper Frederick
Township officials.
A.
Removal of invasive plant species. Invasive plant species may be removed from the required Riparian Corridor Conservation District in accordance with § 240-37F(6), Riparian Corridor Conservation District Vegetation Requirements, of the Subdivision and Land Development Ordinance.
B.
Riparian corridor planting. When required, reestablishment of forest cover and woodland habitat shall be consistent with the requirements of the landscape regulations within § 240-37F(6), Riparian Corridor Conservation District Vegetation Requirements, of the Subdivision and Land Development Ordinance.
C.
Buffer averaging. The Board of Supervisors may approve an encroachment
of development into Zone 3 if the following conditions exist:
(1)
The area of encroachment may not exceed 25% of the Zone 3 area.
(2)
The area of encroachment must be found to be in a degraded condition
by the Township.
(3)
The area of encroachment must be offset at a 1:1 ratio by an
area adjacent to the Zone 3 buffer with existing mature vegetation
that will be preserved and designated as part of the riparian corridor.
D.
Mitigation measures. Uses permitted in § 285-206 involving corridor crossings or other encroachments within the riparian corridor shall be mitigated by increasing the area of the corridor as replacement for the area lost at a 1:1 ratio due to the encroachment or disturbance, so that the total corridor area (land area within Zones: 1, 2 and 3) for each applicable side of the stream or watercourse is equal to that required by § 285-205. The mitigation area shall be vegetated in accordance with § 240-37F(6), Riparian Corridor Conservation District Vegetation Requirements, of the Subdivision and Land Development Ordinance.
A.
Corridor crossing criteria. All corridor crossings permitted under § 285-206, herein, shall incorporate, as required, the following design standards:
(2)
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.
(3)
Corridor crossings should be separated by a minimum of 1,000
feet of buffer length.
(4)
Box culverts should be used in place of culverts when crossings
would require a thirty-six-inch or greater diameter pipe. When culverts
are installed, they should consist of slab, arch or box culverts,
and not of corrugated metal pipe. Culverts should also be designed
to retain the natural channel bottom to ensure the passage of water
during low flow or dry weather periods.
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.
