Township of Exeter, PA Article VII Riparian Corridor Conservation Buffer Areas

§ 126-31 Establishment and width determination.

A. The riparian corridor conservation buffer areas shall be defined as and consist of the streams, wetlands, and water bodies, and the land adjacent to them, as specified in the following table:

Surface Water Features					Minimum Corridor Width
(1)	Principal streams identified on the Flood Insurance Rate Maps (FIRMs), dated July 3, 2012, as follows:			(1)	A minimum width of 50 feet from each defined edge of the watercourse at the top of the bank, measured perpendicular to the edge of the watercourse at the top of the bank
				(2)	A minimum of 25 feet beyond the outer edge of delineated wetland bordering a stream, where the buffer from such wetland would be more than 50 feet from the edge of the watercourse at the top of the bank
	(a)	Schuylkill River: entire length of main stem adjacent to Exeter Township
	(b)	Trout Run: main stem from Valley Ridge Farm detention basin to Schuylkill River
	(c)	Antietam Creek: entire length of main stem within Exeter Township and:
		[1]	Tributary No. 1: entire length
		[2]	Tributary No. 2: from Oley Turnpike Road to main stem of Antietam Creek
	(d)		Heister's Creek: main stem from Stonetown Road crossing to Schuylkill River
	(e)		Owatin Creek: main stem from Oley Turnpike Road to Amity Township line
	(f)		Molassas Creek: entire length of main stem within Exeter Township
	(g)		Monocacy Creek: entire length of main stem
	(h)		W. Branch Limekiln Creek: entire length of main stem within Exeter Township
	(i)		E. Branch Limekiln Creek: entire length of main stem within Exeter Township
(2)	Other streams: All tributaries of the principal streams, unless listed above, and all other streams, including intermittent streams, identified in the Flood Insurance Rate Maps (FIRMs), dated July 3, 2012			The widest of the following 2 alternatives:
				(1)	A minimum width of 25 feet from the top of the bank of the watercourse, measured perpendicular to the edge of the watercourse
				(2)	A minimum of 25 feet beyond the outer edge of a delineated wetland along the stream where the buffer from such wetland would be greater than 25 feet
(3)	Wetlands and water bodies: wetland areas not located along a stream, and water bodies where the water body is greater than 10,000 square feet in area				A minimum width of 25 feet from the outer edge of the wetland or water body, measured perpendicular to the edge; for wetlands located at the edge of a water body, the measurement shall be made from the outer edge of the wetland

B. Zone designation adjustments for steep slopes. Where steep slopes in excess of 25% are located along a watercourse, wetland, or water body, the riparian corridor conservation buffer area shall extend to the upslope limit of the steeply sloped area or to the limits specified in Subsection A above, whichever is larger.

C. Identification and width determination. An applicant seeking a building permit or other zoning relief on properties with any watercourse, wetland, or water body identified above shall be responsible for submitting to the Township for review the following:

(1) A plan identifying the watercourses, wetlands, and/or water bodies on and abutting the applicant's site and locating these features accurately on the applicant's plans.

(2) An initial width determination of the riparian corridor(s) in compliance with Subsections A and B of this section, and for identifying these areas on any plan that is submitted for subdivision, land development, or other improvements that require plan submission or permits. The initial determination(s) shall be subject to review by the Exeter Township Zoning Officer, upon the advice and consultation of the Township Engineer and Township Planning Commission. To the extent that the applicant has submitted an application for zoning relief, the appropriate body having jurisdiction over the same shall render a determination as to the required riparian corridor conservation buffer area upon consultation with the above-referenced officials.

D. Establishment. The riparian corridor conservation buffer area applies to all land adjacent to the surface water features identified in § 126-31 above, including:

(1) Waterways specifically identified in Subsection A(1) and (2).

(2) Lakes and ponds exceeding 10,000 square feet in area.

(3) Wetlands as defined by regulation under 33 CFR 328.3(B) (definitions of waters of the United States, published in the Federal Register: November 13, 1986), and any subsequent amendments thereto, including updated definitions and descriptions by federal state, county and local regulatory agencies with jurisdiction over wetlands.

§ 126-32 Uses permitted.

Generally, a landowner is not permitted to construct any structure or building within the riparian corridor conservation buffer areas. The following uses are permitted by right in the riparian corridor conservation buffer areas, provided that such uses comply with the requirements of this section:

A. Open space uses, including wildlife sanctuaries, nature preserves, forest preserves, passive areas of public and private parklands, recreational trails, and reforestation.

B. Agricultural uses, to the extent defined herein:

(1) Field crops, provided that such use is located at least 25 feet away from any surface water feature, and that the waterway is protected by a twenty-five-foot-wide wide vegetative barrier, and that the use is conducted in compliance with the methods prescribed in the Pennsylvania Department of Environmental Protection's Erosion and Sediment Pollution Control Manual, March 2000, as amended.

(2) Concentrated animal feeding operations (CAFO) and concentrated animal operations (CAO), provided that such uses are located at least 100 feet away from any surface water feature. The setback distance may be reduced to 35 feet if the water feature is protected by a thirty-five-foot-wide vegetative barrier and fencing meeting the standards established by the USDA Natural Resources Conservation Service.

(3) Livestock operations involving animal densities lower than CAFO/CAO, provided that such uses are located at least 25 feet away from any surface water feature, and that the waterway is protected by a twenty-five-foot-wide vegetative barrier and fencing, and that such uses are conducted in compliance with the methods prescribed in the Department of Environmental Protection's Erosion and Sediment Pollution Control Manual, March 2000, as amended. Access points for watering of livestock may be provided but shall not involve or impact more than 5% of the riparian corridor within the subject property.

C. Stream bank stabilization.

D. Maintenance of the riparian corridor through the removal of invasive plants, removal of trash and solid waste, mowing, mitigation of soil erosion problems, and planting for the purpose of improving the riparian corridor vegetation in accordance with the Exeter Township Tree Ordinance.[1]

[1] Editor's Note: See Ch. 348, Trees.

E. Corridor crossings.

(1) Agricultural crossings by farm vehicles and livestock, provided that such crossings are stabilized and fenced and approved by the Berks County Conservation District.

(2) A single driveway serving one or two single-family dwelling units, provided that the mitigation requirements of § 126-37 are satisfied. The corridor crossing standards of § 126-38 should be considered during design of the driveway.

(3) Driveways serving two or more single-family detached dwelling units, or roadways, recreational trails, railroads and public utilities, provided that the mitigation requirements of § 126-37 are satisfied and the corridor crossing standards of § 126-38 are satisfied.

F. Passive use areas, such as camps, campgrounds, picnic areas, golf courses, active recreation fields, playgrounds, and courts, provided that such uses are not located within 25 feet of any surface water feature and that the uses are designed in a manner that will not cause concentrated stormwater flow.

G. Single-family dwelling units, provided that such structures shall be situated at least 50 feet from any stream bank or water body, unless other regulations require a greater setback (i.e., FEMA or DEP regulations).

H. Residential accessory structures having an area equal to or less than 225 square feet, provided that such structure(s) shall be situated at least 25 feet from any stream bank or water body, unless other regulations require a greater setback (i.e,. FEMA or DEP regulations).

I. 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 § 126-37 shall be satisfied. In all cases, these lines shall be located as far as practical from the waterway or water body.

J. Stormwater basins may be installed within the corridor, but the entire basin shall be located a minimum of 50 feet from the defined edge of identified waterways and constructed above the one-hundred-year flood elevation of the stream.

K. Forestry operations approved the Berks County Conservation District.

L. Docks shall be permitted within the riparian corridor, subject to an applicant obtaining all necessary outside agency approvals.

§ 126-33 Uses specifically prohibited.

A. Any use or activity not authorized by § 126-32 above shall be prohibited within the riparian corridor conservation buffer areas, and the following activities and facilities are specifically prohibited:

(1) Buildings and any other type of permanent structure, except structures needed for a use identified in § 126-32G and H.

(2) Roads or driveways, except where permitted as corridor crossings in compliance with § 126-32E.

(3) Motor or wheeled vehicle traffic in any area not designed to adequately accommodate the vehicle type and volume.

(4) Parking lots.

(5) Clear-cutting of trees and other vegetation.

(6) Clearing of vegetation, except where such clearing is necessary to prepare land for a use permitted in § 126-32 and where the effects of these actions are mitigated by revegetation in accordance with § 126-37. It shall be noted that the prohibition on clearing of vegetation shall not include trimming of grass, trees and vegetation within the riparian corridor for normal land maintenance purposes.

(7) Removal of trees in excess of improvement cutting, except where such removal is necessary as a means to eliminate dead, diseased or hazardous trees that jeopardize public safety or as part of the reforestation project, provided that the removal is in compliance with a plan approved by the Board of supervisors or its appointed representative.

(8) Removal or disturbance of vegetation in a manner that is inconsistent with erosion control and riparian corridor protection.

(9) Storage of any hazardous, toxic, or noxious material.

(10) Deposit, storage, and/or spreading of agricultural waste products, specifically manure, and treated human waste products within 100 feet of a stream or water body. The setback distance may be reduced to 35 feet if the waterway is protected by a thirty-five-foot-wide vegetative buffer meeting the standards established by the USDA Natural Resources Conservation Service.

(11) Use of fertilizers, pesticides, herbicides, and/or other chemicals in excess of prescribed industry standards or the recommendation of the Berks County Conservation District.

(12) Subsurface sewage disposal systems.

(13) Sod farming.

§ 126-34 Nonconforming structures and uses.

A. Nonconforming structures or uses within the Riparian Corridor Conservation Buffer Area District shall be regulated under the provisions of the Exeter Township Zoning Ordinance.[1]

[1] Editor's Note: See Ch. 390, Zoning.

§ 126-35 Boundary interpretation and appeals procedure.

A. When a landowner or applicant applies for a building permit or other zoning relief for structures or buildings on properties with any watercourse, wetland or water body identified in § 126-31A, the landowner or applicant shall be responsible for submitting the materials required in § 126-31C, which shall delineate the riparian corridor conservation buffer areas. To the extent that an applicant disputes the boundaries of the riparian corridor conservation buffer areas, the defined edge of the waterway, or the location of the one-hundred-year floodplain, the applicant shall submit, in writing, a request for a review of such boundary to the Township, together with evidence that describes the boundary, presents the landowner's or applicant's proposed boundary, and presents all justifications for the proposed boundary change.

B. The Township Zoning Officer, in consultation with Township Engineer and/or Township-appointed representatives, shall evaluate all materials submitted by the landowner or applicant pursuant to Subsection A. The Zoning Officer shall make a written determination within 45 days of receipt of the written request pursuant to Subsection A, a copy of which shall be submitted to the Township Board of Supervisors and landowner or applicant.

C. Any party aggrieved by any such determination or other decision or determination under this section may appeal to the Zoning Hearing Board under the provisions of the Township Zoning Ordinance and the Pennsylvania Municipalities Planning Code. The party contesting the location of the district boundary shall have the burden of proof in case of any such appeal.

§ 126-36 Inspections.

A. Lands within or adjacent to a Riparian Corridor Conservation Overlay District may be inspected by a Township representative when:

(1) A subdivision or land development plan is submitted.

(2) A building permit is requested.

(3) A change or resumption of a nonconforming use is proposed.

(4) A grading permit is requested.

B. The riparian corridor conservation buffer areas may also be inspected periodically by a Township representative for compliance with an approved restoration plan, excessive or potentially problematic erosion, hazardous trees, or at any time when the presence of an unauthorized activity or structure is brought to the attention of the Township.

§ 126-37 Management.

A. Riparian corridor planting. Reestablishment of forest cover and woodland habitats shall be required consistent with the requirements of the landscape regulation contained in the Exeter Township Tree Ordinance, as amended.[1]

[1] Editor's Note: See Ch. 348, Trees.

B. Mitigation measures. Uses permitted in § 126-32 involving corridor crossings or other encroachment with the riparian corridor conservation buffer areas shall be mitigated by increasing the width of the corridor as replacement for the area lost due to the encroachment or disturbance, so that the total corridor area for each applicable side of the stream or watercourse is equal to that required by § 126-31A.

C. The riparian corridor conservation buffer area is the product of the corridor width required by § 126-31A and the total length for each applicable side of the stream or watercourse for which a riparian corridor is being established. Perimeter shall be used in place of length for determining wetland buffer area. The increased width shall be spread throughout the corridor to the maximum extent possible. For streams and watercourses, the increased width shall be applied along the length of the stream in blocks of 1,000 feet or more, or the full length of the corridor on the affected property, whichever is less.

§ 126-38 Corridor crossing standards.

A. Riparian corridor crossing criteria. All corridor crossings permitted under § 126-32E(3) shall incorporate, as required, the following design standards:

(1) The width of the right-of-way shall not be greater than the minimum right-of-way width required by the Exeter Township Subdivision and Land Development Ordinance.[1]

[1] Editor's Note: See Ch. 330, Subdivision and Land Development.

(2) New crossings shall be designed to cross the riparian corridor at direct right angles (± 15°) to the greatest extent possible in order to minimize disturbance of the corridor.

(3) Every new corridor crossing shall be separated by a minimum of 1,000 feet of corridor length from any existing crossing or any other new crossing.

(4) Bridges shall be used in place of culverts when crossings would require a seventy-two-inch or greater diameter pipe. When culverts are installed, they shall consist of slab, arch, or box culverts and not corrugated metal pipe. Culverts shall also be designed to retain the natural channel bottom to ensure the passage of water during low-flow or dry-weather periods.