Township of New Hanover, PA Part 21 NATURAL RESOURCE PROTECTION STANDARDS, SITE CAPACITY CALCULATIONS, OPEN SPACE STANDARDS, BUFFERS, SEWAGE DISPOSAL, STORMWATER, SOIL EROSION, GRADING

§ 27-2101 Natural Resource Protection Standards.

[Ord. 3/29/1990A, § 1500; as amended by Ord. 95-8B, 11/25/1995, §§ 22, 23; by Ord. 99-2, 6/28/1999, §§ 34-36; by Ord. 06-01, 2/13/2006, §§ 20, 21; by Ord. 07-03, 3/26/2007, § 12; by Ord. 07-08, 10/8/2007, § 13; and by Ord. 09-04, 8/10/2009, §§ 9-11]

1. All uses and activities established after the effective date of this chapter shall comply with the following standards. Site alterations, regrading, filling or clearing of vegetation prior to the submission of applications for zoning or building permits or the submission of plans for subdivision or land development shall be a violation of this chapter. Refer to § 27-2102 for the application of these standards.

A. Floodplain. Those areas within the one-hundred-year flood boundary and the approximate one-hundred-year flood boundary as defined in Part 2 and delineated in the Flood Insurance Study prepared for New Hanover Township. These areas shall not be altered, regraded, filled or built upon except in conformance with § 27-2103, Floodplain Regulations. Roads may cross the floodplain where design approval is obtained from the Township or Pennsylvania Department of Environmental Protection, and where no other reasonable access is available.

B. Floodplain Soils.

(1) Along streams, ponds, lakes and watercourses, where the one-hundred-year floodplain has not been delineated, the requirements for the floodplain soils shall be met. All such areas shall not be altered, regraded, filled or built upon except in conformance with § 27-2103, Floodplain Regulations. Roads may cross the floodplain soils where design approval is obtained from the Township and Pennsylvania Department of Environmental Protection, and where no other reasonable access is available.

(2) Studies prepared by a registered engineer expert in the preparation of hydrological and hydraulic studies may be used to delineate the one-hundred-year floodway and flood fringe areas in place of areas designated as floodplain soils and approximate one-hundred-year flood boundary. Such studies shall be subject to the review and approval of the Board of Supervisors on the recommendation of the Township Engineer.

C. Steep Slopes. In areas of steep slopes, the following standards shall apply:

(1) Fifteen percent to 25%. No more than 30% of such areas shall be altered, regraded, cleared or built upon.

(2) Twenty-Five Percent or Steeper. No more than 20% of such areas shall be altered, regraded, cleared or built upon.

D. Woodlands. In the R-2 and R-2M districts, nor more than 20% of such areas shall be altered, regraded, cleared or built upon. In all other zoning districts, no more than 50% of such areas shall be altered. Any permitted clearing or alteration of woodland area shall be undertaken to maintain, where possible, a continuous canopy of trees where a continuous canopy and/or hedgerow exists.

E. Mature Trees. In all zoning districts other than R-2 and R-2M, no more than 40% of such trees shall be cleared, with the following exceptions:

(1) When more than 40% of mature trees are removed, mature trees less than 30 inches dbh shall be replaced on a one tree per one tree basis with a 2 1/2-inch caliper tree.

(2) When more than 40% of mature trees are removed, all trees greater than 30 inches dbh that are removed shall be replaced on a dbh inch per one caliper inch basis.

(3) Plant material installed per the requirements of this section shall be permanently maintained and any plant material which does not live shall be replaced.

(4) All mature trees and associated extent of tree canopy shall be survey located and shall be indicated on the plan along with dbh measurement and species.

F. Streams, Watercourses, Wetlands or Ponds.

(1) Streams, watercourses, wetlands, ponds, lakes and areas within the approximate one-hundred-year flood boundary or designated as floodplain soils; such areas shall not be altered, regraded, developed, filed, piped, diverted or built upon except that roads may cross streams, watercourses and wetlands where design approval is obtained form the Township and the Pennsylvania Department of Environmental Protection and where no other reasonable access is available. Wetland areas shall be staked in the field and shall remain staked until completion of development.

(2) In the event that a wetlands delineation validated by the U.S. Army Corps of Engineers is shown to vary from the wetlands boundary derived from the definition in § 27-202 of this chapter, the Corps delineation will govern. The wetlands margin will then be measured from the Corps delineated boundary.

(3) A stream corridor setback shall be established along all streams or watercourses, including intermittent watercourses. Such areas shall not be altered, regraded, developed, built upon or cleared of existing trees or vegetation, except for the removal of dead, diseased or hazardous trees that jeopardize the public safety or as part of a reforestation project that is approved by the Board of Supervisors. Roads may cross stream corridors where design approval is obtained from the Board of Supervisors and where no other reasonable access is available. A stream corridor, measured 50 feet from the defined banks, as defined by PADEP, of the watercourse shall be maintained.

G. Pond Shorelines. No more than 20% of each pond shoreline shall be altered, regraded, filled or built upon.

H. Wetland Margin. No more than 20% of such areas shall be altered, regraded, filled or built upon.

I. Overlapping Resources. In the event that two or more resources identified in Subsection 1A through H overlap:

(1) The protection standard for this overlap area shall be 100% protected.

(2) The protection standard for the resource with the lesser protection standard shall be applied to the area which does not overlap with a resource requiring a greater protection standard.

(3) In the area of overlap, the greatest protection standard of the overlapping resources shall apply to all the resources.

J. Tree Protection Standards. Tree protection standards, as stated in Chapter 22, Subdivision and Land Development, shall be met prior to any site alteration, regrading, clearing, building, construction or development.

K. Riparian Corridors. Riparian corridors shall be protected per the standards outlined in § 27-2111, Riparian Corridor Conservation District.

§ 27-2102 Application of Natural Resource Protection Standards.

[Ord. 3/29/1990A, § 1501; as amended by Ord. 93-2, 2/8/1993, § 48; by Ord. 95-8B, 11/25/1995, § 23; by Ord. 98-4, 4/27/1998, §§ 5, 6; by Ord. 99-2, 6/28/1999, §§ 37 — 41; by Ord. 05-06, 8/22/2005, §§ 39, 40, 41; by Ord. 06-01, 2/13/2006, §§ 22, 23; by Ord. 07-03, 3/26/2007, §§ 13, 14; and by Ord. 09-04, 8/10/2009, §§ 13, 14]

1. In order to meet the natural resource protection standards of § 27-2101, Subsection 1A through H, the applicant shall provide the following information with application for a zoning permit or building permit. Where subdivision and land development approval is requested, the applicant shall provide the following information to ensure that each proposed lot is buildable under the terms of this chapter:

A. Zoning permit applications for the uses listed in this subsection need not be accompanied by the information specified in Subsection 1B and C, below. However, the resource protection standards of § 27-2101, Subsection 1A through H, shall be met. No regrading, clearing, filling, cutting of trees, building or development that would violate these protection standards shall take place.

(1) Principal uses, accessory uses and building additions/expansions involving not more than 420 square feet of building coverage and not more than 1,600 square feet of lot area regraded or altered.

(a) A1 General farming.

(b) A2 Nursery.

(c) A4 Forestry.

(d) A7 Agricultural retail.

(e) A8 Farm unit.

(f) A10 Kennel-noncommercial.

(g) B1 Detached dwelling.

(2) Accessory uses and building additions/expansions for all other uses, other than B2 Performance Standard Development and B3 Mobile Home Park, involving not more than 420 square feet of building coverage and not more than 1,600 square feet of lot area regraded or altered.

B. Zoning permit applications and subdivision or land development applications listed in this subsection shall be accompanied by a site plan that provides the following information. All lots shall have a contiguous building envelope of at least an area as indicated below within the overall lot. The purpose of the building envelope is to provide sufficient area for the general location of the building, driveway, parking areas, patios, other improvements and site alterations while meeting the natural resource protection standards of § 27-2101, Subsection 1A through H, and the minimum setback requirements of this chapter. However, preexisting, nonconforming lots as to the dimensional standards of this chapter are exempted from the terms of this Subsection 1B, as long as they comply with the performance standards set forth within this chapter. This provision shall apply to principal and accessory uses specified in Subsection 1B(1) below.

(1) Principal uses, accessory uses and building addition/expansions involving more than 420 square feet of building coverage or more than 1,600 square feet of lot area regraded or altered on the individual lots.

(a) A1 General farming.

(b) A2 Nursery.

(c) A4 Forestry.

(d) A7 Agricultural retail.

(e) A8 Farm unit.

(f) A10 Kennel-noncommercial.

(g) B1 Detached dwelling.

(2) A minimum building envelope as indicated below shall be shown for each lot. However, if the use intended and the lot areas to be regraded or altered would be greater than the minimum building envelope, the greater area shall be shown on the site plan.

[Amended by Ord. No. 21-02, 4/1/2021[1]]

Minimum Building Envelope
District	Use B1 (square feet)	Other Uses (square feet)
R-2	8,500	20,000
R-2M	8,500	20,000
R-25	5,000	14,000
R-15	5,000	14,000
R-5	7,000	15,000
RV	5,000	14,000
CB-2	—	15,000
CC	—	15,000
LI	—	15,000
HI	—	34,000

[1] Editor's Note: This amendment was effected pursuant to Section 2, Repealer, of Ord. No. 21-02, which provides for the repeal of inconsistent provisions.

(3) For uses with on-lot sewage systems, a 3,000 square foot or larger area, in addition to the building envelope specified in Subsection 1B(1) above, shall be identified for the location of the sewage system. Such additional area shall not include natural features with a 100% protection standard and the portion of those natural features that may not be developed or intruded upon as specified in § 27-2101.

(4) Applicants for zoning permits or subdivision/land development approval shall submit the following information:

(a) A site plan which illustrates all natural resources on the site and the proposed disturbance to each resource. The site plan shall include delineation of each resource, and a table describing the area of each resource with proposed disturbance area for each resource.

(b) All encroachments and disturbances necessary to establish the proposed use on the site.

(c) Calculations which indicate the area of the site with natural resources; the area of natural resources that would be disturbed or encroached upon; and the area of the site included in the building envelope.

(d) Applicants are not required to illustrate and calculate woodland areas and areas of mature trees for the purposes of identifying the building envelope. The building envelope may include woodland areas and mature trees. However, the requirements of §§ 27-2101, Subsection 1D and E, shall be met for all uses, subdivision and land developments.

C. The following site capacity calculations shall be submitted with applications for all other uses including Use B2 Performance Standard Development or Use B3 Mobile Home Park. Through these calculations, the net buildable site area, the maximum number of lots or dwelling units, the maximum amount of impervious surfaces and the required open space will be determined for the specific site. The required open space shall be the minimum open space as related to the minimum open space ratio specified in § 27-305, Use Regulations, or the combination of the calculated resource protection land and recreation land, whichever is the greater amount. Areas identified as resource protection land shall be included in the required open space for these uses.

(1) Base Site Area. Calculate the base site area. From the total site area, subtract ultimate rights-of-way of existing roads; existing utility rights-of-way; land which is not contiguous or which is separated from the parcel by a road or railroad; land designated within another zoning district classification; or land shown on a previous subdivision or land development plan as reserved for open space.

	Total Site Area	__________ acres
	Subtract Restrictions	__________ acres
	Base Site Area	__________ acres

(2) Land With Resource Restrictions and Resource Protection Land. Calculate the land with resource restrictions and the resource protection land. In the event that two or more resources overlap, only the resource with the highest open space ratio shall be used in the calculations for the area of overlap.

Resource				Open Space Ratio	Acres of Land in Resources	Resource Protection Land (Acres X Open Space Ratio)
Areas where two or more resources overlap				100%
Floodway				100%
Flood Fringe				80%*
Approx. one-hundred-year Flood Boundary				100%**
Floodplain Soils				100%**
Steep Slopes
		15-25%		70%
		25% or more		80%
Woodlands:
		R-2, R-2M		80%
		All other zoning districts		50%
Watercourses Streams, Ponds				100%
Wetlands				100%
Pond Shorelines				80%
Wetland Margins				80%
Riparian Corridor				100%
Land with Resource Restrictions				_____ acres
Resource Protection Land						_____ acres
	*		If the flood fringe areas has been delineated, or if the applicant delineates the floodway and flood fringe area then only the permitted uses stated in § 27-2103.5 will be approved by the Township. The applicant must demonstrate to the Township the maximum percentage of area to be affected by the permitted use. If there are other resource protection areas within the flood fringe area, such as wetlands, woodlands, etc., these areas may govern and control use of the flood fringe area where a greater protection standard would apply to the other natural resource. The permitted use may not be allowed if the other resource protection areas restrict the uses. If the flood fringe is delineated by the applicant per § 27-2103.6.B, review and approval by the Township and FEMA, as well as the filing of a map revision, will be required as part of the approval of the permitted use.
	**		If the applicant does not perform a delineation of the floodway and flood fringe then the 100% restriction shall apply.

(3) Recreation Land. Calculate land for recreation.

	Base site area	__________ acres
	Subtract land with resource restrictions	__________ acres
	Remainder	__________ acres
	Multiply by 1/3 minimum open space ratio	x __________ acres (§ 27-305)
	Recreation land	= __________ acres

(4) Combine Resource Protection Land and Recreation Land.

	Resource protection land	__________ acres
	Add recreation land	+ __________ acres
	Resource protection and recreation land	__________ acres

(5) Standard Minimum Open Space. Calculate the standard minimum open space.

	Base site area	__________ acres
	Multiply by minimum open space	x __________ (§ 27-305)
	Standard minimum open space	= __________ acres

(6) Determine Required Open Space.

The required open space is the resource protection and recreation land or the standard minimum open space, whichever is greater

__________ acres

(7) Net Buildable Site Area. Calculate that net buildable site area.

	Base site area	__________ acres
	Subtract required open space	x __________ acres
	Net buildable site area	= __________ acres

(8) Number of Dwelling Units/Lots. Calculate the maximum number of dwelling units.

	Base site area	__________ acres
	Multiply by maximum density	x __________ (§ 27-305)
	Number of dwelling units	= __________ dwelling units[2]

[2] Round up if fraction is equal or greater than .5: round down if less than .5.

(9) Impervious Surfaces. Calculate the maximum area of impervious surfaces.

	Base site area	__________ acres
	Multiply by maximum impervious surface ratio	x __________ (§ 27-305)
	Impervious surfaces	= __________ acres

(10) Site Capacity Summary.

	Required open space (6)	__________ acres
	Net buildable site area (7)	__________ acres
	Maximum number of dwelling units/lots (8)	__________ units

§ 27-2103 Floodplain Regulations.

[Ord. 3/29/1990A, § 1502; as amended by Ord. 93-2, 2/8/1993, §§ 50 — 54; by Ord. 95-8B, 11/25/1995, § 24; by Ord. 01-4, 10/22/2001, § 2; by Ord. 09-04, 8/10/2009, § 15; and by Ord. 17-03, 3/27/2017]

1. No structure or land shall hereafter be used and no structure shall be located, relocated, constructed, reconstructed, enlarged, substantially improved or structurally altered except in full compliance with the terms and provisions of this chapter (see Part 2, Definitions and "floodplain" for sources and effective dates of studies and maps) and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this chapter and all other applicable codes and ordinances, such as Chapter 22, Subdivision and Land Development, and the Building Code.[1] Zoning and building permits shall be required before any construction or development is undertaken within any area of the Township; in addition, all such uses, activities and development shall be undertaken only in compliance with federal or state law, including § 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334.

[1] Editor's Note: See Ch. 5, Code Enforcement, Part 2, Uniform Construction Code.

2. Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system.

3. No encroachment, alteration or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Township and until all required permits or approvals have been first obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands. If the proposal involves a revision or amendment to the existing Federal Insurance Administration or Flood Insurance Rate Map, conditional approval shall be obtained from FEMA. before proceeding with the proposal. In addition, the Federal Insurance Administrator and the Pennsylvania Department of Community and Economic Development shall be notified by the Township prior to any alteration or relocation of any watercourse.

A. Purpose. The purpose of these provisions is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief and to protect the tax base by:

(1) Regulating uses, activities and development which (acting alone or in combination with other existing or future uses, activities and development) will cause unacceptable increases in flood heights, velocities and frequencies.

(2) Restricting or prohibiting certain uses, activities and development from locating within areas subject to flooding.

(3) Requiring all those uses, activities and development as defined by "development" that do occur in flood prone areas to be protected and/or flood proofed against flooding and flood damage.

(4) Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.

B. Warning and Disclaimer of Liability.

(1) The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that areas outside the floodplain districts or that land uses permitted within such districts will be free from flooding or flood damages.

(2) This chapter shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

C. Establishment of Floodplain Areas. For the purpose of this chapter, various floodplain areas are identified which are subject to the provisions of this section. These floodplain areas are:

(1) Floodway, as defined in Part 2.

(2) Flood Fringe, as defined in Part 2.

(3) Approximate one-hundred-year Flood Boundary, as defined in Part 2.

(4) Floodplain Soils, as defined in Part 2.

D. Use of Floodplain Areas.

(1) The floodplain areas described above shall be overlays to the existing underlying zoning districts and the floodplain provisions shall serve to supplement the underlying zoning provisions. Where there is a conflict between the provisions or requirements of any floodplain requirement and those of the underlying zoning, the more restrictive provisions and/or those pertaining to the floodplain area shall apply. However, in all cases the floodplain requirements shall be met.

(2) In the event any provision concerning a floodplain regulation is declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying zoning district provision shall remain applicable.

(3) The delineation of any of the floodplain areas shall be revised by the Township where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers, a river basin commission or other qualified agency or individual documents the notification for such change. However, prior to preliminary subdivision or land development approval, approval must be obtained from the Federal Insurance Administration (FIA) and the Pennsylvania Department of Community and Economic Development.

(4) Initial interpretation of the boundaries of the floodplain areas shall be made by the Zoning Officer. Should a dispute arise concerning the boundaries of any of the areas, the Zoning Hearing Board shall make the necessary determination. The persons questioning or contesting the location of the boundary shall be given a reasonable opportunity to present their case to the Board and to submit their own technical evidence if they so desire.

E. Floodway Area and Flood Fringe Area Regulations.

(1) Floodway Area Regulations. In the floodway area encroachments, including fill, new construction, substantial improvements and other development, are prohibited except as follows:

(a) Permitted Uses. In the floodway area, the following uses and activities are permitted provided that they meet the following: they are in compliance with the provisions of the underlying zoning district and are not prohibited by any other ordinance or federal or state regulation; the use consists of "development" as defined in Subsection 3N(1) and it is demonstrated by the applicant in accordance with standard engineering practice, that the proposed encroachment will not result in any increase in the one-hundred-year flood levels.

1) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting.

2) Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap, skeet and rifle ranges and hunting and fishing areas.

3) Accessory residential uses such as yard areas, gardens, play areas and pervious parking areas.

4) Accessory industrial and commercial uses such as yard areas, pervious parking and loading areas, airport landing strips, etc.

(2) Flood Fringe Area Regulations. In the flood fringe area, encroachments, including fill, new construction, substantial improvements and other development that would result in any increase in flood levels within the community during the one-hundred-year flood, are prohibited except as follows:

(a) Permitted Uses. In the flood fringe area, the following uses and activities are permitted provided that they meet the following: they are in compliance with the provisions of the underlying zoning district and are not prohibited by any other ordinance or federal or state regulation; the use consists of "development" as defined in Subsection 3N(1).

1) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting.

2) Public and private recreations uses and activities such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap, skeet and rifle ranges, and hunting and fishing areas.

a) Recreational vehicles which are fully licensed and ready for highway use may be parked or placed on a flood fringe area for up to 180 consecutive days. A recreation vehicles is ready for highway use if it is on wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.

3) Accessory residential uses such as yard areas, gardens, play areas and pervious parking areas.

4) Accessory industrial and commercial uses such as yard areas, pervious parking and loading areas, airport landing strips, etc.

5) Single-family detached dwellings, subject to the requirements of Subsection 3J and excluding mobile homes.

F. Approximate One-Hundred-Year Flood Boundary Area and Floodplain Soils Area Regulations. Along those portions of streams and watercourses where the floodways and flood fringe areas, as defined in "floodplain," have not been determined, one of the two following regulations pertaining to the approximate one-hundred-year flood boundary areas and floodplain soils areas shall apply:

(1) For all areas designated as approximate one-hundred-year flood boundary and floodplain soils, the provisions of Subsection 3E, Floodway Area Regulations, shall be applicable.

(2) The applicant for a proposed use, development or activity in approximate one-hundred-year flood boundary areas, and/or floodplain soils areas shall determine the floodway and flood fringe areas, thereby identifying the one-hundred-year floodplain, in accordance with hydrologic and hydraulic engineering techniques as follows:

(a) The applicant shall provide sufficient documentation to demonstrate that his proposed activity, together with all other existing and anticipated development, uses and activities, will not encroach within the floodway area except as allowed in Subsection 3E, Floodway Area Regulations, and that encroachments into the flood fringe areas, as allowed in Subsection 3E, Flood Fringe Area Regulations, will not increase the depth of the one-hundred-year flood by more than one foot. The engineering principle of standard step method (HEC-2) shall be used to make the determination of increases in flood heights.

(b) Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township. The study must be approved by the Board of Supervisors and shall also be prepared to conform to FEMA standards for their review and approval and for map revision or amendment.

G. Development Which May Endanger Human Life. Any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances or which will be used for any activity requiring the maintenance of a supply of any dangerous materials or substances on the premises including, but not limited to, the following, shall not be permitted in areas identified as a floodplain:

(1) Acetone.

(2) Ammonia.

(3) Benzene.

(4) Calcium carbide.

(5) Carbon disulfide.

(6) Celluloid.

(7) Chlorine.

(8) Hydrochloric acid.

(9) Hydrocyanic acid.

(10) Magnesium.

(11) Nitric acid and oxides of nitrogen.

(12) Petroleum productions (gasoline, fuel, oil, etc.).

(13) Phosphorus.

(14) Potassium.

(15) Sodium.

(16) Sulphur and sulphur products.

(17) Pesticides (including insecticides, fungicides and rodenticides).

(18) Radioactive substances, insofar as such substances are not otherwise regulated.

H. Special Requirements for Mobile Homes. No mobile home shall be permitted in the areas identified in Subsection 3C, except as a nonconforming use which predates the enactment of floodplain regulations in the Township. In floodplain areas, any new mobile homes or mobile homes placed in an existing mobile home park on an existing mobile home lot shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors in accordance with the American National Standards as specified in the Standard for Installation of Mobile Homes, including Mobile Home Park Requirements (CNFPA No. 501) (A-1984 CANSI A119.3-1975) as amended for mobile homes in hurricane zones or other standards such as the following:

(1) Over the top ties shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations for units 50 feet or more in length, and one additional tie per side for units less than 50 feet in length.

(2) Frame ties shall be provided at each corner of the mobile home, with five additional ties per side at intermediate locations for units 50 feet or more in length, and four additional ties per side for units less than 50 feet in length.

(3) All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.

(4) The stands or lots shall be elevated on compacted fill, or on pilings so that the lowest floor of the mobile home will be 1 1/2 feet or more above the elevation of the one-hundred-year flood.

(5) Adequate surface drainage shall be provided.

(6) Adequate access for a hauler shall be provided.

(7) Where pilings are used for elevation, the lots shall be large enough to permit steps; piling foundations shall be placed in stable soil not more than 10 feet apart; reinforcement shall be provided for pilings that will extend for six feet or more above the ground level.

(8) Refer to Subsection 3A(2).

(9) Mobile homes shall be mounted on permanent foundations.

I. Existing Structures in the Floodplain Areas. A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions:

(1) Existing structures and/or uses shall not be expanded or enlarged unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements.

(2) The modification, alteration, repair, reconstruction, rehabilitation, addition or improvements of any kind to a structure and/or use regardless of its location in a floodplain area to an extent or amount of 50% or more of its market value before the start of construction shall be undertaken only in full compliance with the provisions of this and any other applicable ordinances.

J. Anchoring, Elevation and Flood Proofing Requirements.

(1) Residential Structures. Within any flood fringe area, the lowest floor (including basement) of any new construction or substantially improved residential structure shall be at least 1 1/2 feet above the one-hundred-year flood elevation. The appropriate elevation certifications shall be submitted to the Township.

(2) Nonresidential Structure. Within any flood fringe area, the lowest floor (including basement) of any new construction or substantially improved nonresidential structure shall be at least 1 1/2 feet above the one-hundred-year flood elevation or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry in accordance with the publication entitled "Floodproofing Regulations" (U.S. Army Corps of Engineers, June 1972), or some other equivalent standard, for the type of construction.

(a) All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above referenced standards.

(3) Anchoring.

(a) All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse or lateral movement.

(b) All air ducts, large pipes, storage tanks and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.

K. Design and Construction Standards.

(1) Fill, if fill is used, it shall:

(a) Extend laterally at least 15 feet beyond the building from all points.

(b) Consist of soil or small rock materials only; solid waste landfills shall not be permitted.

(c) Be compacted to provide the necessary permeability and resistance to erosion, scouring or settling.

(d) Be no steeper than one vertical to three horizontal, unless substantial data, justifying steeper slopes are to be submitted to, and approved by, the Building Inspector.

(e) Be used to the extent to which it does not adversely affect adjacent properties.

(2) Hydrostatic Pressure.

(a) For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters.

(b) Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following minimum criteria. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices; provided, that they permit the automatic entry and exit of flood waters.

(3) Water and Sanitary Sewer Facilities and Systems.

(a) All new or replacement water and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of flood waters.

(b) Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into flood waters.

(c) No part of any onsite sewage system shall be located within any identified floodplain or floodplain soils area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.

(4) Other Utilities. All other utilities such as gas lines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.

(5) Streets. The finished elevation of all new streets shall be at least one foot above the one-hundred-year flood elevation.

(6) Storage. All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal or plant life and not listed in Subsection 3G, Development Which May Endanger Human Life, shall be stored at or above the regulatory flood elevation and/or flood proofed to the maximum extent possible.

(7) Placement of Buildings and Structures. All buildings and structures shall be designed, located and constructed so as to offer the minimum obstruction to the flow of water. They shall be designed to have a minimum effect upon the flow and height of flood water.

(8) Required Information. The applicant shall submit plans for all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:

(a) The proposed lowest floor elevation of any proposed building based upon National Geodetic Vertical Datum of 1929.

(b) The elevation of the one-hundred-year flood.

(c) If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one-hundred-year flood.

(d) Detailed information concerning any proposed floodproofing measures.

L. Prohibited Activities in the Floodplain Areas. In addition to the requirements of Subsection 3E, of this section, the following activities shall be prohibited within any identified floodplain area of the Township:

(1) The commencement of any of the following activities or the construction, enlargement or expansion of any structure used, or intended to be used, for hospitals, nursing homes, jails or prisons.

(2) The construction or placement of one or more mobile homes; the commencement of construction of a new mobile home park or mobile home subdivision; or a substantial improvement to an existing mobile home park or mobile home subdivision.

M. Variances. If compliance with any of the requirements of this section would result in an exceptional hardship for a prospective building, developer or landowner, the Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements. All requests for variances shall be considered by the Zoning Hearing Board in accordance with the following:

(1) No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the one-hundred-year flood elevation.

(2) No variance shall be granted from any of the requirements pertaining to Development Which May Endanger Human Life (Subsection 3G) or Prohibited Activities, (Subsection 3L).

(3) If granted, a variance shall involve only the least modification necessary to provide relief.

(4) In granting any variance, the Zoning Hearing Board shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety and welfare and to achieve the objectives of this part.

(5) Whenever a variance is granted, the Zoning Hearing Board shall notify the applicant in writing that:

(a) The granting of the variance may result in increased premium rates for flood insurance.

(b) Construction below the one-hundred-year flood elevation increases the risk to life and property.

(6) In reviewing any request for a variance, the Zoning Hearing Board shall consider, but not be limited to, the following:

(a) That there is good and sufficient cause.

(b) That failure to grant the variance would result in exceptional hardship to the applicant.

(c) That the granting of the variance will neither result in unacceptable or prohibited increase in flood heights; additional threats to public safety; conflict with any other applicable federal, state statute or regulation or local ordinance or regulation.

(d) Variance may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(7) A complete record of all variance requests and related actions shall be maintained by the Township. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.

(8) Notwithstanding any of the above, all structures shall be floodproofed, designed and constructed so as to have the capability of resisting the one-hundred-year flood. Designs shall be approved by the Township and/or any other applicable agencies.

N. Definitions. For purposes of this section, the following definitions shall apply:

DEVELOPMENT

Any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or the storage of equipment or materials.

HISTORIC STRUCTURE

Any structure that is:

	(a)	Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the national register.
	(b)	Certified or preliminarily determined by the Secretary of the Interior, as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.
	(c)	Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior.
	(d)	( Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
		1)	By an approved state program as determined by the Secretary of the Interior.
		2)	Directly by the Secretary of the Interior in states without approved programs.

LOWEST FLOOR

The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood resistant partially enclosed area, used solely for parking of vehicles, building access and incidental storage, in an area other than a basement area is not considered the lowest floor of a building; provided, that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this chapter.

NEW CONSTRUCTION

For the purposes of determining insurance rates, new construction means structures for which the start of construction commenced on or after the effective date of an initial Flood Insurance Rate Map (FIRM) or after December 20, 1979, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management ordinance adopted by New Hanover Township and includes any subsequent improvements to such structures.

RECREATIONAL VEHICLE

A vehicle which is:

	(a)	Built on a single chassis.
	(b)	Not more than 400 square feet, measured at the largest horizontal projections.
	(c)	Designed to be self-propelled or permanently towable by a light-duty truck.
	(d)	Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

START OF CONSTRUCTION

The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction for a structure on a site, such as pouring of slab or footings the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured or mobile home on a foundation. Start of construction includes land preparation, such as clearing, grading and filling; the installation of streets and/or walkways; excavation for a basement, footing or foundations or the erection of temporary foams. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not the alteration affects the external dimensions of the building.

SUBSTANTIAL DAMAGE

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

any reconstruction, rehabilitation, addition or other improvement to a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction or the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

	(a)	Any project or improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.
	(b)	Any alteration of an historic structure provided, that the alteration will not preclude the structure's continued designation as an historic structure.

§ 27-2104 Open Space in Residential Developments.

[Ord. 3/29/1990A, § 1503; as amended by Ord. 06-02, 1/30/2006, § 30; Ord. 07-03, 3/26/2007, § 17; Ord. No. 21-12, 12/2/2021; Ord. No. 25-05, 9/4/2025]

1. General Requirements.

A. Performance standard developments and mobile home parks shall meet the open space requirements of this chapter. The plan shall contain or be supplemented by such material as required to establish the method by which open space shall be perpetuated, maintained and administered. The plan and other materials shall be construed as a contract between the landowner(s) and the Township, and shall be noted on all deeds.

B. The public recreation area requirement for the R-2M Residential or R-2 Residential Zoning Districts may, at the discretion of the Board of Supervisors, be included within the required permanently preserved open space and count toward the minimum open space requirement.

C. The public recreation area requirement for the TN Traditional Neighborhood Zoning Districts may, at the discretion of the Board of Supervisors, be included within the open space/recreation area and count toward the minimum open space requirement.

2. Open Space Designation. All land held for open space shall be so designated on the plans. The plans shall contain the following statement for lands in categories, Subsection 2A, B, C or D below: "Open space land may not be separately sold, nor shall such land be further developed or subdivided." All plans shall further designate the use of open space, the type of maintenance to be provided, and a planting plan or schedule. In designating use and maintenance the following classes may be used:

A. Lawn. A grass area with or without trees which may be used by the residents for a variety of purposes and which shall be mowed regularly to insure a neat and orderly appearance.

B. Natural Area. An area of natural vegetation undisturbed during construction, or replanted. Such areas may contain pathways. Meadow shall be maintained as such and not left to become weed-infested. Maintenance may be minimal, but shall prevent the proliferation of weeds and other undesirable plants such as honeysuckle and poison ivy. Litter shall be removed and streams shall be kept in free flowing condition.

C. Recreation Area. An area designated for a specific recreational use including, but not limited to, tennis, swimming, shuffle board, playfield and tot lot. Such areas shall be maintained so as to avoid creating a hazard or nuisance and shall perpetuate the proposed use.

D. Garden Area. An area designated for family vegetable plots.

E. Stormwater Management. None of the required open space may be used for stormwater detention or retention, except as provided for § 27-305, Subsection 2B.

3. Open Space Performance Bond. Designated planting and recreation facilities within the open space areas shall be provided by the developer. A performance bond or other securities shall be required to cover costs of installation in accordance with provisions of Chapter 22, Subdivision and Land Development.

4. Ownership of Open Space. Any of the following methods may be used to preserve, own or maintain open space. However, the open space shall be initially offered for dedication to the Township.

A. Condominium. The open space may be controlled through the use of condominium agreements. Such agreements shall be in conformance with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. All open space land shall be held as "common element." Such land shall not be eligible for sale to another party except for transfer to another method of ownership permitted under this section and then only where there is no change in the open space ratio.

B. Homeowners' association. The open space may be held in common ownership by a homeowner's association. This method shall be subject to all the provisions for homeowners associations set forth in Article VII of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10701 et seq.

C. Fee-Simple Dedication. The Township may, but shall not be required to, accept any portion or portions of the open space provided: (1) such land shall be freely accessible to the public; (2) there shall be no cost to the Township involved; (3) the Township agrees to and has access to maintain such lands; and (4) the open space shall be in an acceptable condition of the Township at the time of transfer with regard to size, shape, location and improvements. Refer to Subsection 4D for additional requirements.

D. Dedication of Easements. The Township or county may accept, but shall not be required to accept, easements to any portion or portions of the open space. In such case, the land remains in the ownership of the individual, condominium, or homeowners' association while the easements are held in public ownership. The county shall accept the easements only in accordance with the provisions of Act 442, 32 P.S. § 5001 et seq., and county plans. The Township may accept such easements as it sees fit. In either case, there shall be no cost to the county or Township for acquisition or maintenance. The Township may require this method where it seems this is the most appropriate way of preserving land in open space. In performance standard developments and mobile home parks, this provision for the ownership and preservation of open space cannot be used except for open space land incorporated in required buffer yards.

E. Transfer to a Private Conservation Organization. With permission of the Township, an owner may transfer either the fee simple title, with appropriate deed restrictions running in favor of the Township, or easements to a private, nonprofit organization, among whose purposes is to conserve open space land and/or natural resources provided that: (1) the organization is acceptable to the Township and is a bona fide conservation organization with perpetual existence; (2) the conveyance contains appropriate provision for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions; and (3) a maintenance agreement acceptable to the Township is entered into by the developer and the organization.

F. Deed Restrictions. (1) Natural resource protection open space, as required by this chapter, may be held in the ownership of the individual property owners of residential developments. This form of ownership of open space will be subject to the following requirements: (a) it will be limited to residential uses that do not require common open space; (b) it may be used only if approved by the Township; (c) restrictions meeting Township specifications must be placed in the deed for each property that has natural resource protection areas within its boundaries. The restrictions shall provide for the continuance of the resource protection areas in accordance with the provisions of this chapter; (d) it will be clearly stated in the individual deed that the maintenance responsibility lies with the individual property owner. (2) For nonresidential uses, buffer yards and areas of natural resource features may be held with the ownership of the entire parcel provided the buffer yards and natural features are deed restricted to ensure their protection and continuance. (3) In the case of residential developments where all of the units are rental, the open space land may be in the same ownership as that of the development provided that the land is deed restricted to ensure its protection and continuance and that a maintenance agreement suitable to the Township is provided. (4) For any of these options the Township may accept, but is not required to accept, an easement to the open space land in the development.

5. Costs. Unless otherwise agreed to by the Township or county, the cost and responsibilities of maintaining open space shall be borne by the property owner, condominium association or homeowners' association. If the open space is not properly maintained, the Township may assume responsibility of maintenance and charge the property owner, condominium association or homeowners' association a fee which covers maintenance costs, administrative costs and penalties as stipulated in this chapter.

§ 27-2105 Fee in Lieu of Recreation Land.

[Ord. 3/29/1990A, § 1504; as amended by Ord. 05-06, 8/22/2005, § 42]

Where the Board of Supervisors determines that because of the size, shape, location, access, topography or other features of the land or any other need of the Township, that is impractical to set aside recreation land as required by § 27-2102, Subsection 1C(3) of this chapter, the Supervisors shall require a payment of a fee-in-lieu of such land. The developer shall pay such fee to the Township prior to final approval of each section of the overall plan by the Board. Such fee shall be calculated by multiplying the number of dwelling units in each section by the fee per dwelling unit. The amount of the fee shall be specified in the schedule of fees adopted by resolution of the Board of Supervisors. All fees paid to the Township pursuant to this section of this chapter shall be kept in a capital reserve fund. Such fund shall be used only for the acquisition of land or capital improvements for park and recreation purposes. The provisions of this section shall be applicable after a Township Recreation Plan has been adopted by the Board of Supervisors.

§ 27-2106 Buffer Yards.

[Ord. 3/29/1990A, § 1505; as amended by Ord. 93-2, 2/8/1993, §§ 55 — 59; and by Ord. 95-8B, 11/27/1995, §§ 25, 26; by Ord. 98-4, 4/2/1998, § 7; by Ord. 98-6, 6/22/1998, § 11; and by Ord. 99-2, 6/28/1999, §§ 42 — 46; by Ord. 99-9, 11/13/1999, § III; by Ord. 01-6, 4/22/2002, § 24; by Ord. 07-03, 3/26/2007, § 15; by Ord. 09-03, 6/22/2009, § 20; Ord. 09-04, 8/10/2009, §§ 16, 17; and by Ord. No. 18-01, 4/5/2018]

1. Buffer yards with minimum widths described in Chapter 22 shall be provided between uses, along existing and proposed streets and against vacant land.

§ 27-2107 Sewage Disposal.

[Ord. 3/29/1990A, § 1506]

All sewage disposal systems, regardless of type, shall meet the requirements and procedures of the New Hanover Township Sewage Facilities Plan and the Township's requirements for on-lot disposal systems where such systems are permitted. The applicant shall demonstrate compliance with the requirements of this section for zoning or building permits.

§ 27-2108 Stormwater Management.

[Ord. 3/29/1990A, § 1507; as amended by Ord. 09-04, 8/22/2009, § 18]

Refer to Chapter 23, Stormwater Management.

§ 27-2109 Sedimentation and Erosion Control; Grading Regulations.

[Ord. 3/29/1990A, § 1508; as amended by Ord. 93-2, 2/8/1993, §§ 60, 61; and by Ord. 09-04, 8/22/2009, § 19]

Refer to Chapter 23, Stormwater Management.

§ 27-2110 Transfer of Development Rights.

[Ord. 3/29/1990A; as added by Ord. 07-11, 12/20/2007, § 1; as amended by Ord. 08-03, 9/22/2008, § 4; Ord. No. 21-12, 12/2/2021; Ord. No. 25-03, 8/7/2025]

1. Purpose. The primary purpose of transferable development rights (TDR) is to permanently preserve open land, sensitive natural areas, and rural community character that would be lost if the land were developed. In addition, this section is intended to protect property rights by allowing landowners whose land is intended for preservation to transfer their right to develop to other areas of the Township of New Hanover. It is the particular intention of this section that the transfer of development rights be utilized to preserve and mitigate the impact of development on the following resources: prime farmland or agricultural land, as defined by the Commonwealth of Pennsylvania and mapped in the Pottstown Metropolitan Regional Comprehensive Plan; mature woodlands; stream valley with associated wetlands and floodplains; historic, scenic and cultural resources.

2. Concept.

A. The provisions of this chapter which permit transferable development rights allow landowners in areas of New Hanover Township proposed for preservation, called sending areas, to sell the right to develop all, or a portion of, their land to landowners in areas of New Hanover Township proposed for additional development, called receiving areas. The transferable development rights provisions set forth below are specifically authorized under §§ 603(c)(2.2) and 619.1 of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10603(a)(2.2), 10619.1, under the terms of which development rights are acknowledged to be severable and separately conveyable from a sending area to a receiving area.

B. When landowners in the sending area sell their right to develop all or a portion of their land, they must deed restrict that portion of land from which development rights are sold against any future development, although it may still be used for purposes that do not involve development, such as agriculture or forestry. When landowners in the receiving area buy the development rights from landowners in the sending area, they receive the right to build more density on their land than they would have been allowed if they had not purchased development rights.

3. Definitions. As used in this section, the following words and terms shall have the meaning specified herein:

DEVELOPMENT RIGHTS

The rights of the owner of a parcel of land to develop that parcel under all applicable land development regulations.

RECEIVING DISTRICT

One or more zoning districts in which the development rights of parcels in sending districts may be used.

RECEIVING PARCEL

A parcel of land in a receiving district that is the subject of a transfer of development rights or the owner of the parcel is receiving development rights directly or by intermediate transfers from a sending parcel and on which increased density and/or intensity is allowed by reason of the transfer of development rights.

SENDING DISTRICT

One or more zoning districts in which the development rights of parcels in the district may be designated for use in one or more receiving districts.

SENDING PARCEL

A parcel of land in a sending district that is the subject of a transfer of development rights where the owner of the parcel is conveying development rights of the parcel and on which those rights so conveyed are extinguished and may not be used by reason of the transfer of development rights.

TRANSFER OF DEVELOPMENT RIGHTS

The procedure described in this section whereby the owner of a parcel in a sending district may convey development rights to the owner of a parcel in a receiving district or other person or entity whereby the development rights so conveyed are extinguished on the sending parcel and may be exercised on the receiving parcel in addition to the development rights already existing regarding that parcel or may be held by the receiving person or entity.

TRANSFEREE

The person or legal entity, including a person or legal entity that owns property in a receiving district who purchases development rights.

TRANSFEROR

The landowner of a parcel in a sending district.

4. Special Exception Approval. The transfer of development rights contemplated in this section shall require special exception approval from the Zoning Hearing Board pursuant to the requirements of this section and the requirements for special exception approval set forth in this chapter.

5. Minimum Eligibility Requirements. Owners of tracts that meet the following requirements may sell their development rights:

A. Sending Area Qualifications. Owners of tracts that meet the following requirements may sell their development rights:

(1) The sending area tract of land shall be located within the R-2 Zoning District.

(2) The parcel must be at least 10 acres in size. Consolidation and/or annexation of parcels in order to satisfy the ten-acre minimum is permitted; however, the parcels to be consolidated and/or annexed must be combined in common deed and consolidated into one county tax parcel number prior to recording of final plans for the transfer of development rights.

(3) The sending parcel shall contain at least one of the following resource features:

(a) Prime farmland or agricultural land, as defined and mapped in the Pottstown Metropolitan Regional Comprehensive Plan.

(b) Woodlands.

(c) Stream valleys with associated wetlands and floodplains.

(d) Historic, scenic or cultural resources identified on the New Hanover Township Open Space, Recreation, and Environmental Resources Plan; prepared by Natural Lands Trust dated July, 1992, and/or on the New Hanover Township Open Space Plan.

(e) Areas designated for open space preservation in the Pottstown Metropolitan Regional Comprehensive Plan and/or on the New Hanover Township Open Space Plan.

(4) A minimum of one development right must be retained for each parcel and can never be transferred and can only be used for a use permitted in the underlying zoning district.

B. Receiving Area Qualifications and Calculations. Owner's tracts, which meet the following requirements, may use development rights that are purchased from sending area landowners:

(1) Receiving Area Qualifications. The receiving tract of land shall be located in the TN Traditional Neighborhood, R-5 Residential, R-15 Residential, R-25 Residential, CB-2 Commercial Business, or CC Convenience Commercial Zoning Districts.

(2) The receiving parcel shall possess all of the following attributes:

(a) Public water.

(b) Public sewer.

(c) Vehicular accessible frontage on a rural arterial, developed arterial or major collector road.

6. Calculation of Transferable Development Rights for Sending Areas.

A. The number of development rights that may be sold shall be based upon the maximum number of single-family detached dwellings which are permitted to be developed on the net developable area of the sending area tract under the zoning regulations for the district in which the tract is located.

B. The landowner shall cause a sending area calculation plan ("plan") of the property to be prepared by a qualified registered professional. The plan shall be subject to review and approval by the Township staff and consultants in accordance with the professional registration laws of the Commonwealth of Pennsylvania which depicts:

(1) The boundary and gross tract area of the sending area tract of land.

(2) Buildings which are located on the sending area tract of land.

(3) The topography of the sending area tract of land.

(4) The extent of any floodplain and all slopes in excess of 15% which are located on the sending area tract of land.

(5) Land within the ultimate right-of-way for roads, railroads, power transmission lines and other utility easements.

(6) Proposed subdivision/land development sketch plan in accordance with the underlying zoning requirements.

(7) Such sketch plan required by Subsection 6B(6) above shall include proposed streets, rights-of-way, building setback lines, building envelopes, open space, recreation areas, buffer yards, lot areas, stormwater retention and detention areas including rough grading with approximate stormwater basin volumes, building locations and areas, parking areas and calculations, and dimensions including length of streets.

C. The sending area calculation plan must be by-right and not require any type of relief from this chapter or Chapter 22, Subdivision and Land Development, in order to be developed as proposed. The sending area calculation plan shall also indicate the number of sending units permitted and proposed.

7. Calculation of Potential Development in Receiving Sites.

A. Calculation of Potential Residential Development in Receiving Sites. Landowners in receiving districts have the right to build one and one-tenth additional dwelling units in addition to what is otherwise allowed pursuant to this chapter and Chapter 22, Subdivision and Land Development, for each residential development right purchased.

(1) Residential Receiving Area Standards. Standards of the receiving District for residential uses shall be as follows:

(a) Density:

1) Maximum density: 125% of the requirement of the underlying zoning district.

2) Minimum lot area: 80% of the requirement of the underlying zoning district.

(b) Minimum lot width at the street line: 80% of the requirement of the underlying zoning district.

(c) Minimum lot width at the setback line: 80% of the requirement of the underlying zoning district.

(d) Maximum impervious surface area: 125% of the requirement of the underlying zoning district, but not exceeding 75% of the gross lot area.

(e) Setback regulations:

1) Minimum front yard: 75% of the requirement of the underlying zoning district measured from the ultimate right-of-way line.

2) Minimum side yard: residential buildings and accessory buildings and structures: each building or structure shall have two side yards, neither of which shall be less than 75% of the requirement of the underlying zoning district or 11.25 feet, whichever is greater.

3) Minimum rear yard: 75% of the requirement of the underlying zoning district, or 22.5 feet, whichever is greater.

B. Calculation of Potential Nonresidential Development in Receiving Sites. Landowners in receiving districts have the right to build 1,000 additional square feet of nonresidential space in addition to what is otherwise allowed pursuant to this chapter and Chapter 22, Subdivision and Land Development, for each nonresidential development right purchased.

(1) Nonresidential Receiving Area Standards. Standards of the receiving district for nonresidential uses shall be as follows:

(a) Lot area.

1) Maximum density: 125% of the requirement of the underlying zoning district.

2) Minimum lot area: 80% of the requirement of the underlying zoning district.

(b) Minimum lot width at the street line: 80% of the requirement of the underlying zoning district.

(c) Minimum lot width at the setback line: 80% of the requirement of the underlying zoning district.

(d) Maximum impervious surface area: 125% of the requirement of the underlying zoning district, but not exceeding 75%.

(e) Setback regulations:

1) Minimum front yard: 75% of the requirement of the underlying zoning district measured from the ultimate right-of-way line.

2) Minimum side yard: Residential buildings and accessory buildings and structures: Each building or structure shall have two side yards, neither of which shall be less than 75% of the requirement of the underlying zoning district or 11.25 feet, whichever is greater.

3) Minimum rear yard: 75% of the requirement of the underlying zoning district, or 22.5 feet, whichever is greater.

C. In order to achieve the density permitted in this section for receiving parcels, the applicant must purchase one development right for each additional 1 1/10 dwelling unit or 1,000 square feet of nonresidential floor area proposed.

8. Sending Area Restrictive Covenant.

A. Except for retained development rights (not to be transferred), the sending tract must be permanently restricted from future development by a conservation easement or other restrictive covenant, which meets the following requirements:

(1) Except where any retained development rights are specified, the restrictive covenant shall permanently restrict the land from future development of any nonagricultural uses, except for public park, land, conservation areas, municipal facilities and similar uses.

(2) The restrictive covenant shall be approved by the Board of Supervisors of New Hanover Township, in consultation with the New Hanover Township Solicitor. Final plan approval will be contingent upon the recording of the restrictive covenant at the Montgomery County Recorder of Deeds.

(3) The restrictive covenant shall designate New Hanover Township, and a bonafide conservation organization acceptable to the Township at its sole discretion, as the beneficiary/grantee, but shall also designate both (a) all future owners of the sending parcel, and (b) all future owners of any portion of the receiving parcel as having separate and independent enforcement rights with respect to the restrictive covenants.

(4) The restrictive covenant shall apply to the tract of land from which development rights are sold, and shall specify the number of development rights to be transferred as well as any to be retained based on the net developable area of the tract. No portion of the net developable area used to calculate the number of development rights to be transferred shall be used to satisfy minimum yard setbacks or lot area requirements for any development rights, which are to be retained, or for any other development.

(5) All natural areas of site shall be maintained in their current state, including the naturally occurring understory of woodlands, in accordance with the New Hanover Township Conservation Plan.

B. A conservation plan for the sending parcels prepared by the applicant or at the expense of the applicant that has been reviewed and approved by the Township shall be recorded with and enforceable as part of the restrictive covenant. This conservation plan shall:

(1) Identify the natural and man-made resources of the site and adjacent sites.

(2) Follow the guidelines of the intent statement of this section.

(3) Identify areas restricted as well as areas where any retained development rights may be utilized, and include legal descriptions for those areas.

(4) Demonstrate a sustainable plan for the long-term management of the sending tract, giving consideration to the following:

(a) The manner in which the restricted areas will be owned and by whom they will be managed and maintained.

(b) The general character of anticipated development wherever development rights are retained along with any specific design criteria which may be imposed to minimize and/or mitigate impacts of development of the natural and man-made resources of the site.

(c) The conservation, land management and agricultural techniques and practices which will be used to conserve and perpetually protect the restricted areas, including conservation plans approved by New Hanover Township or its designees.

(d) The professional and personnel resources that will be necessary in order to maintain and manage the property.

(e) The nature of public or private access that is planned for the restricted areas.

(f) The source of money that will be available to such management, preservation and maintenance on a perpetual basis.

C. Where development rights are retained for agricultural uses, nonresidential accessory structures permitted within the underlying zoning district may be installed at the discretion of the Township.

D. Agricultural uses not in keeping with the intent statement of this section may be restricted or denied by the Township.

E. Should New Hanover Township acquire ownership of the sending lands, the land may be used for active or passive recreation coincidental with municipal purposes that allow for possible municipal uses and continue to promote the conservation of open space and preservation of view sheds.

9. Plan Submittal Process.

A. Applicants shall submit a preliminary plan showing development with purchase of development rights; this plan shall meet the requirements of Chapter 22, Subdivision and Land Development. Along with the preliminary plan, applicants shall submit:

(1) An agreement of sale for all development rights proposed to be purchased from the sending area site.

(2) A note on the plan showing the total density proposed on the receiving area site.

(3) A note on the plan showing the total density that could be built on the site when development rights are purchased, the total amount of density that can be built under base density, and the difference between the two. This difference represents the amount of additional density that could be constructed on the site.

(4) A sending area calculation plan, as described above. The plan shall be accompanied by a metes and bounds description of the property(s), as well as each property's parcel number, owner name, and block unit number. If the applicant is purchasing development rights from a portion of a sending area site, this portion shall be shown on the plan and described with metes and bounds.

B. In order to receive final plan approval, the applicant must agree to record restrictive covenants for all sending area land whose development rights are being used by the applicant. These restrictive covenants must meet the requirements of Subsection 8, above. The restrictive covenant on the sending area land shall be recorded first, followed by a deed of transfer, in accordance with the provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended, which transfers the development rights from the sending area landowner to the receiving area landowner.

10. Sale or Auction of Development Rights. The New Hanover Township Board of Supervisors shall have the right to acquire property that has been identified for preservation, recreation or open space areas and assign an appropriate quantity of development rights to that property. Those development rights can then be sold or auctioned to developers for application to a development elsewhere in the Township, in accordance with all other applicable provisions of this section. The fair market value of the development rights assigned to a particular parcel shall be at the sole and complete discretion of the Board of Supervisors. The property acquired by the Board of Supervisors and subsequently sold or auctioned can be located in any zoning district and the property to which those rights are applied must be located within one of the designated receiving districts, as set forth in this section. The property acquired by the Board of Supervisors shall be considered Township open space, and shall be used as permitted by the ordinances of the Township and the Township Open Space Plan. The transfer of development rights shall be clearly noted on the record plan of the receiving parcel with language satisfactory to the Township Solicitor and Township Engineer.

§ 27-2111 Riparian Corridor Conservation District.

[Ord. 3/29/1990A; as added by Ord. 08-02, 4/14/2008, § 1; Ord. 17-03, 3/27/2017; Ord. No. 25-03, 8/7/2025]

1. Declaration of Legislative Intent. In expansion of the Declaration of Legislative Intent and Statement of Community Development Objectives contained in Part 1 of this chapter, and in support of the New Hanover Township Parks, Recreation, and Open Space Plan, it is the intent of this district to provide reasonable controls governing the restoration, conservation, disturbance, and management of existing riparian corridors by establishing designated Riparian Corridor Conservation Districts ("district") under authority of Article I, Section 27, of the Pennsylvania Constitution, the Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended, and other commonwealth and federal statutes, and in conformance with the goals of the Comprehensive Plan, Open Space, and Environmental Resource Protection Plan. In addition, the specific purposes and intent of this part are to:

A. 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 process 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 temperatures 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 chapter, 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 25 Pa.Code, Chapter 102, Erosion and Sediment Control, and any subsequent amendments thereto, as administered by the Pennsylvania Department of Environmental Protection and the Montgomery County Conservation District.

F. Conserve the natural features important to land or water resources (e.g., headwater areas, groundwater recharge zones, floodway, floodplain, springs, streams, wetlands, woodlands, prime wildlife habitats) and other features providing recreational value or containing natural amenities that exist on developed and undeveloped land.

G. Work with floodplain, steep slope, and other ordinances 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 New Hanover Township residents.

I. Conserve natural, scenic, and recreation areas within and adjacent to riparian areas for the community's benefit.

2. Definition, Establishment, and Width Determination of the Riparian Corridor Conservation District.

A. Definition. The Riparian Corridor Conservation District is defined as an overlay district consisting of:

(1) Areas surrounding waterways 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.

B. Application. The Riparian Corridor Conservation District applies to the streams, wetlands, and water bodies, and the land adjacent to them, as specified in the following table:

	Surface Water Feature		Minimum Corridor Width
	(1)	Perennial Streams: All perennial streams identified in the Soil Survey[1]. (Perennial streams are shown as solid lines on the Soil Survey maps.)	Zone 1: Minimum width of 25 feet from each defined edge of the watercourse at bank full flow, measured perpendicular to the edge of the watercourse.
			Zone 2: Minimum width of 50 feet from the outer edge of Zone 1, measured perpendicular to the edge of Zone 1, or equal to the extent of the one-hundred-year floodplain,[2] or 25 feet beyond the outer edge of a wetland along the stream whichever is greater: (Total minimum width of Zones 1 & 2 = 150 feet plus the width of the stream.)
	(2)	Intermittent Streams: Intermittent streams identified in the Soil Survey[3] or any stream otherwise identified on the applicant's plan that has an upstream drainage area of 75 acres or more.[4] (Intermittent streams are shown as dotted and dashed lines on the Soil Survey maps.)	Zone 1: Minimum width of 25 feet from each defined edge of the watercourse at bank full flow, measured perpendicular to the edge of the watercourse.
			Zone 2: Minimum width of 50 feet from the outer edge of Zone 1, measured perpendicular to the edge of Zone 1, or equal to the extent of the one-hundred-year floodplain,[5] or 25 feet beyond the outer edge of a wetland along the stream, whichever is greater. (Total minimum width of Zones 1 & 2 = 150 feet plus the width of the stream.)
	(3)	Other Streams: All other intermittent streams shown on the Soil Survey with drainage areas less than 75 acres.[6]	Zone 1: Minimum width of 25 feet from the center line of the watercourse, measured perpendicular to the center line of the watercourse, or equal to the extent of the one-hundred-year floodplain,[7] or 25 feet beyond the outer edge of a wetland along the stream, whichever is greater. (Total minimum width of 50 feet.)
			Zone 2: Does not apply.
	(4)	Wetlands and Waterbodies. Wetlands not located along a stream, and waterbodies, where the wetland and/or waterbody is greater than 10,000 square feet in area.	Zone 1. Minimum width of 25 feet from the outer edge of the wetland or waterbody, measured perpendicular to the edge. For wetlands located at the edge of a waterbody, the measurement shall be made from the outer edge of the wetland. Zone 2: Does not apply.

[1] "Soil Survey" shall mean the most recent edition of the Soil Survey of Montgomery County.

[2] One-hundred-year floodplain is identified on the Flood Insurance rate Map (FIRM) prepared by FEMA, or as calculated by the applicant where FEMA data does not apply.

[3] "Soil Survey" shall mean the most recent edition of the Soil Survey of Montgomery County.

[4] Upstream drainage area shall be measured from where the stream exits the applicant's site.

[5] One-hundred-year floodplain is identified on the Flood Insurance rate Map (FIRM) prepared by FEMA, or as calculated by the applicant where FEMA data does not apply.

[6] Upstream drainage area shall be measured from where the stream exits the applicant's site.

[7] One-hundred-year floodplain is identified on the Flood Insurance rate Map (FIRM) prepared by FEMA, or as calculated by the applicant where FEMA data does not apply.

C. Zone Designation Adjustments for Steep Slopes. Where steep slopes in excess of 25% are located within 75 feet of a stream identified in Subsection 2B(1) or Subsection 2B(2), above, the area of steep slopes shall be designated as Zone 1, consistent with the following:

(1) If the extent of the steeply sloped area is more than 75 feet, the Zone 1 designation shall extend to 75 feet or to the full extent of the steeply sloped area within the corridor if Zone 1 extends greater than 75 feet as may be required in Subsection B(3). Zone 2 shall not be required except as may be required in Subsection 2B(1) or 2B(2) for floodplains.

(2) If the extent of the steeply sloped area is less than 75 feet, the Zone 1 designation shall extend to the limit of the steeply sloped area, and the width of Zone 2 shall be adjusted so that the total corridor width (Zone 1 plus Zone 2) will be that required in Subsection 2B(1), 2B(2), or 2B(3).

D. Identification and Width Determination. The applicant shall be responsible for the following:

(1) Identifying the watercourses, wetlands, and/or waterbodies on and abutting the applicant's site, and locating these features accurately on the applicant's plans.

(2) Initial width determination of the riparian corridor(s) in compliance with Subsection 2A, herein, and for identifying these areas on any plan that is submitted for subdivision, land development, or other improvements that require plan submissions or permits. The initial determination(s) shall be subject to review and approval by the New Hanover Township Planning Commission, with the advice of the New Hanover Township Engineer.

E. Establishment.

(1) The Riparian Corridor Conservation District applies to land adjacent to identified waterways. The following waterways shall be considered identified in New Hanover Township:

(a) Waterways specifically identified by the New Hanover Township Board of Supervisors or identified on the applicant's plan.

(b) Intermittent and perennial streams, as identified in the most recent Soil Survey of Montgomery County, as prepared by the Soil Conservation Service, United States Department of Agriculture.

(c) Lakes and ponds greater than 10,000 square feet.

(d) Wetlands as defined by regulation under 33 CFR 328.3(B) (Definitions of Waters of the United States, published in 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.

(2) The Riparian Corridor Conservation Overlay District shall extend a minimum of 75 feet from each defined edge of an identified waterway at bankfull flow or level, or shall equal the extent of the one-hundred-year floodplain, whichever is greater. The district will consist of two district zones designated as:

(a) Zone 1. This zone will begin at each edge of an identified waterway and occupy a margin of land with a minimum width of 25 feet measured horizontally on a line perpendicular to the edge of water at bankfull flow. The width of Zone 1 may be required to extend beyond the minimum 25 feet depending upon existing topography, woodlands, and other natural conditions. This determination will be made by the Board of Supervisors, or its appointed representative. In addition:

1) Where steep slopes (in excess of 25%) are located within 25 feet of an identified waterway, Zone 1 shall extend the entire distance of this sloped area. If the distance of the sloped area exceeds 75 feet, there will be no requirement for the establishment of Zone 2. If the distance is less than 75 feet, the width of Zone 2 will be adjusted so that the total riparian corridor width (Zone 1 and Zone 2) will be 75 feet maximum, except as noted below in Subsection 2E(2)(b).

(b) Zone 2. This zone will begin at the outer edge of Zone 1 and extend a minimum width of 50 feet in addition to Zone 1, up to a maximum combined width (Zone 1 and Zone 2) of 75 feet, except:

1) Where the one-hundred-year floodplain extends greater than 75 feet from the waterway, Zone 1 shall remain a minimum of 25 feet wide, and Zone 2 shall extend from the outer edge of Zone 1 to the outer edge of the one-hundred-year floodplain.

(3) Zone Determination. The developer, applicant, or designated representative shall be responsible for the initial width determination of the riparian corridor and identifying this area on any plan that is submitted to the Township for subdivision, land development, or other improvements that requires plan submissions or permits. This initial determination shall be subject to review and approval by the Township Engineer, Board of Supervisors, or its appointed representative.

3. Uses Permitted in the Riparian Corridor Conservation District. The following uses are permitted, either by right or by special exception in the Riparian Corridor Conservation District. However, within any corridor, no construction, development, use, activity, or encroachment shall be permitted unless the activity will be mitigated by measures described in the Township Natural Resources Protection Standards.

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) Uses Permitted by Right. 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 in compliance with the guidelines of the Corridor Management Plan.

(b) Streambank stabilization in compliance with the guidelines of the Township Natural Resource Protection Standards.

(c) Maintenance of the riparian corridor through the removal of invasive plants, removal of trash and solid waste, mitigation of soil erosion problems, and planting for the purpose of improving the riparian corridor vegetation in accordance with the Township Natural Resource Protection Standards.

(d) Corridor crossings by recreational trails, roads, centralized sewer and/or water lines, public utility transmission lines, and farm vehicles and livestock with necessary fencing, provided that any disturbance is offset by corridor improvements identified in Subsections 8 and 9.

(e) Driveways serving one or two single-family detached dwelling units, provided the mitigation requirements of Subsection 8 are satisfied. The corridor crossing standards of Subsection 9 should be considered during design of the driveway.

(f) Driveways serving more than two single-family detached dwelling units, or roadways, recreational trails, railroads, and utilities, provided the mitigation requirements of Subsection 8 are satisfied and the corridor crossing standards of Subsection 9 are satisfied.

(2) Uses Permitted by Special Exception.

(a) Corridor crossings by railroads, provided that any disturbance is offset by corridor improvements identified in and Subsections 8 and 9.

C. Zone 2.

(1) Uses Permitted by Right. The following uses, which are primarily passive in character, shall be permitted by right to extend into the area defined as Zone 2:

(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 existing at the time of adoption of this section, so long as they are conducted in compliance with methods prescribed in the Department of Environmental Protection's Erosion and Sediment Pollution Control Manual, March 2000, as amended.

(c) Maintenance of the riparian corridor through the removal of invasive plants, removal of trash and solid waste, mitigation of soil erosion problems, and planting for the purpose of improving the riparian corridor vegetation in accordance with the Township Natural Resource Protection Plan.

(d) Corridor crossings:

1) Agricultural crossings by farm vehicles and livestock.

2) Driveways serving one or two single-family detached dwelling units, provided the mitigation requirements of Subsection 8 are satisfied. The corridor crossing standards of Subsection 9 should be considered during design of the driveway.

(e) Passive use areas such as camps, campgrounds, picnic areas, golf courses. Active recreation areas such as ballfields, playgrounds, and courts, provided these uses are designed in a manner that will not permit concentrated stormwater flow.

(f) Residential accessory structures having an area equal to or less than 225 square feet.

(g) 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 Subsection 8 shall be satisfied. In all cases, these lines shall be located as far from Zone 1 as practical.

(2) Uses Permitted by Special Exception.

(a) New agricultural uses in compliance with methods prescribed in the Department of Environmental Protection's Erosion and Sediment Pollution Control Manual, March 2000, as amended.

(b) Corridor crossings:

1) Driveways serving more than two single-family detached dwelling units, or roadways, recreational trails, railroads and utilities, provided the mitigation requirements of Subsection 8 are satisfied and the corridor crossing standards of Subsection 9 are satisfied.

(c) Forestry operations approved by the Montgomery County Conservation District and in compliance with a forestry management conservation plan prepared by a registered arborist or forester and approved by the Board of Supervisors or its appointed representative.

4. Uses Specifically Prohibited in the Riparian Corridor Conservation District. Any use or activity not authorized with Subsection 3 of this section shall be prohibited with the Riparian Corridor Conservation District, and the following activities and facilities are specifically prohibited:

A. Buildings and any other type of permanent structure, except structures needed for a use identified in Subsection 3 of this section.

B. Roads or driveways, except where permitted as corridor crossings in compliance with Subsection 3 of this section.

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

D. Parking lots.

E. Clear cutting of trees and other vegetation.

F. Clearing of vegetation, except where such clearing is necessary to prepare land for a use permitted in Subsection 3 of this section and where the effects of these actions are mitigated by revegetation in accordance with Subsection 8A of this section.

G. Removal of trees in excess of selective cutting, except where such removal is necessary as a means to eliminate dead, diseased, or hazardous tree stands that jeopardize public safety or as part of a reforestation project, provided that the removal is in compliance with a corridor management plan approved by the Board of Supervisors or its appointed representative.

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

I. Storage of any hazardous, toxic, or noxious materials.

J. Use of fertilizers, pesticides, herbicides, and/or other chemicals in excess of prescribed industry standards or the recommendations of the Montgomery County Conservation District.

K. Subsurface sewage disposal systems.

L. Sod farming.

M. Stormwater basins, including necessary berms and outfall facilities.

5. Nonconforming Structures, Activities or Uses in the Riparian Corridor Conservation District. Nonconforming structures, activities, or uses within the Riparian Conservation District shall be regulated under the provisions of Part 22 of this chapter, except that the one-year time frame established in § 27-2207 shall not apply to agricultural uses which are following prescribed best management practices and crop rotation. For purposes of this section, nonconforming activities are defined as maintenance activities which do not comply with the restrictions set forth in this section. Activities which have ceased for a period of greater than one year are considered to be abandoned and are no longer classified as nonconforming and, therefore, may not be commenced again.

6. Boundary Interpretation and Appeals Procedure.

A. When a landowner or applicant disputes the boundaries of the Riparian Corridor Conservation District, Zone 1 boundary, Zone 2 boundary, defined edge of the waterway or the defined edge of the waterway determined by the location of the one-hundred-year floodplain, the landowner or applicant shall submit evidence to the Township that describes the boundary, presents the landowner or applicant's proposed boundary, and presents all justification for the proposed boundary change.

B. The Board of Supervisors, in consultation with Township Engineer and/or Township appointed representative, shall evaluate all materials submitted. The Board of Supervisors shall make a written determination within 45 days, a copy of which shall be submitted to the Board of Supervisors, Township Planning Commission, 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 Part 27 of this chapter. The party contesting the location of the district boundary shall have the burden of proof in case of any such appeal.

7. Inspection of Riparian Corridor Conservation District.

A. Lands within or adjacent to a Riparian Corridor Conservation 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 nonconforming use is proposed.

(4) A grading permit is requested.

B. The district 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 Township officials.

8. Management of the Riparian Corridor District.

A. Riparian Corridor Planting. Re-establishment of forest cover and woodland habitat shall be required consistent with the requirements of the landscape regulation within Chapter 22, Subdivision and Land Development.

B. Mitigation Measures.

(1) Uses permitted in Subsection 3 involving corridor crossings or other encroachment within the riparian corridor 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 (land area within Zone 1 and Zone 2) for each applicable side of the stream or watercourse is equal to that required by Subsection 2A.

(2) Corridor area is the product of the corridor width required by Subsection 2A 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 stream 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.

9. Corridor Crossing Standards.

A. Corridor Crossing Criteria. All corridor crossings permitted under Subsection 3, herein, shall incorporate, as required, the following design standards.

(1) The width of the right-of-way should not be greater than the minimum right-of-way width required by Chapter 22, Subdivision and Land Development.

(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) Bridges should be used in place of culverts when crossings would require a seventy-two-inch or greater diameter pipe. When culverts are installed they should consist of slab, arch, or box culverts and not 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.

10. Use of Technical Terminology. Technical terminology used in this section 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.