A Riparian Buffer Overlay Zone (RBOZ) shall be and hereby is
created in order to protect and preserve the numerous benefits that
are provided by riparian buffers, including the following:
A. Reduction of the amount of nutrients, sediment, organic matter, pesticides,
and other harmful substances that reach watercourses through subsurface
and surface flow pathways through natural processes including filtration,
deposition, absorption, adsorption, plant uptake, and denitrification,
and by improving infiltration, sheet flow, and stabilizing concentrated
flows;
B. The consumption of nitrogen and denitrification in surface and groundwater
and the trapping of phosphorus-laden sediment and other pollutants
resulting from adjacent land uses, which are critical to the protection
of water quality;
C. Provision of shade which moderates stream temperature and protects
fish habitats by retaining more dissolved oxygen and encouraging the
growth of diatoms, beneficial algae, and aquatic insects;
D. Provision for stream bank stability that protects fish habitats and
controls sediment and erosion (tree roots consolidate the soils of
floodplains and stream banks, reducing the potential for severe bank
erosion);
E. Provision of organic matter through leaves which fall into the stream
and are trapped on woody debris (fallen trees and limbs) and rocks
where they provide food and habitats for small bottom dwelling creatures
(such as insects, amphibians, crustaceans and small fish), which are
critical to the aquatic food chain;
F. Conservation of natural features important to land or water resources
(e.g., headwater areas, groundwater recharge zones, floodways, floodplains,
springs, streams, wetlands, woodlands, and prime wildlife habitats)
that exist on developed and undeveloped land;
G. Improvement and maintenance of 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;
H. Conservation of natural, scenic, and recreation areas within and
adjacent to riparian areas for the community's benefit and protection
of natural features that provide recreational value, contain natural
amenities, or otherwise contribute to the welfare and quality of life
of Township residents;
I. Prevention of erosion and sedimentation and implementation of erosion
and sediment control practices as mandated under the Pennsylvania
Clean Streams Law, Act 394, P.L. 1987; and
J. Integration with floodplain, steep slope, and other requirements
that regulate environmentally sensitive areas to minimize hazards
to life, property, and riparian features.
When used in this article the following terms shall have the
meanings set forth below:
INTERMITTENT STREAM
A body of water flowing in a channel or bed composed primarily
of substrates associated with flowing water which, during periods
of a nondrought year, is below the natural local water table and obtains
its flow from both surface runoff and groundwater discharges.
LAND DISTURBANCE
Any activity that exposes soil, alters topography, alters
the existing structure of a woodland or hedgerow and/or removes vegetation.
Alteration includes the cutting or removal of trees, understory shrubs
and vines, woody and herbaceous woodland floor species, as well as,
the removal of humus or duff from the ground. The term "land disturbance"
shall not include the mowing and routine maintenance of existing lawn,
native plantings, or any lawn area that may be permitted within the
RBOZ after May 24, 2016.
PERENNIAL STREAM
Any and all streams identified as perennial in the most recent
soil survey of Montgomery County.
STREAM CHANNEL
The bed and banks of a watercourse or waters of the commonwealth.
For purposes of this article, stream channel shall include perennial
and intermittent watercourses and/or stream channels as defined by
PA DEP and/or identified on current USGS maps and NRCS soils maps
of the Township, but shall not include ephemeral watercourses as defined
by PA DEP. The Township or the applicant may obtain a consultant to
verify the delineation of a stream channel if, in the opinion of the
Township or applicant, the stream channel information contained on
the above-referenced mapping is believed to be inaccurate. The study
from the consultant shall evaluate the hydrologic conditions during
average springtime nondrought conditions. Additional information may
include other mapping produced by state or federal agencies and an
Army Corps of Engineers Jurisdictional Determination. The Lower Providence
Township Board of Supervisors shall make the final decision regarding
the delineation of a stream channel based on the submitted information.
The Township may reduce or eliminate the riparian buffer zone where
the Township concurs that the watercourse classification is not accurate
or existing conditions and/or topography of the site do not warrant
a full riparian buffer.
The RBOZ is an overlay to the existing zoning districts within
the Township. The provisions of the underlying district shall remain
in full force, except where the provisions of the RBOZ differ from
the provisions of the underlying district, in which case the provision
which is more restrictive and less permissive shall apply. The RBOZ
will work with the provisions of the underlying district, as well
as other natural resource protection standards, to regulate land use
and the siting and engineering of all development within the Township
to ensure natural resources are preserved and protected.
Within the RBOZ, conditional uses are permitted provided the
landowner or applicant shows:
A. That there is insufficient room outside the RBOZ to accommodate the
particular use or accessory use; and
B. That there is no other feasible alternative to establishment of the
use in the RBOZ; and
C. That if the proposed use is an expansion or replacement of an existing
use, that the expansion or replacement occur in the same footprint
of the exiting use, unless an increase in size is authorized by the
Board of Supervisors during the Conditional Use hearing; and
D. That if the proposed use is a replacement or relocation of an existing
use located within or outside the Township boundaries, the applicant
shall prove: that reusing or replacing the existing use in its current
location is not environmentally nor economically feasible; and that
the relocation of the existing use will have less impact on the existing
environmental and historic resources of the proposed location in the
RBOZ than reusing or replacing this use at its existing location;
and
E. That any relocation of an existing use located within or outside
of the Township have less impact on Township residents than replacement
of that use in the existing location; and
F. That no heritage trees, as defined in § 123-144 of the
Lower Providence Subdivision and Land Development Ordinance (SLDO)
shall be removed unless approved by the Board of Supervisors during
the conditional use hearing and only upon compliance with § 123-146
of the SLDO.
G. That when the applicant is proposing a corridor crossing, the application
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
123 of the Code of Ordinances (SLDO).
(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 shall 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.
The requirements of this section shall apply to all those uses
in the RBOZ, whether permitted by right or by conditional use, and
in cases where a subdivision or land development is proposed. Native
vegetation approved by the Township must be used in replanting efforts.
Three layers of vegetation are required when replanting the riparian
corridor. These three layers include herbaceous plants that serve
as ground cover, understory shrubs, and trees that form an overhead
canopy. The revegetation plan shall be prepared by a qualified licensed
professional, such as a landscape architect or engineer; shall comply
with the following minimum requirements; and shall be subject to the
approval of the Township Engineer:
A. Ground cover. Ground cover consisting of a native seed mix extending
a minimum of 30 feet in width from the edge of the stream bank or
waterline, whichever is wider, must be provided along the portion(s)
of the RBOZ where little or no riparian vegetation exists or where
such vegetation has been removed. Appropriate ground cover includes
native herbs and forbs, exclusive of noxious weeds as defined by the
Pennsylvania State Department of Agriculture. This thirty-foot-wide
planted area shall be designated on the plan as a "no mow zone" and
shall be left as natural cover except in accordance with the maintenance
instructions stated on a Township-approved maintenance plan; and
B. Trees and shrubs. These planting layers include trees that form an overhead canopy and understory shrubs. Trees and shrubs must be provided along the portion(s) of the RBOZ where little or no such riparian vegetation exists or where this type of vegetation has been removed. Overstory trees are deciduous or evergreen trees that include oak, hickory, maple gum, beech, sycamore, hemlock, pine and fir. Evergreen and deciduous shrubs should consist of elderberry, viburnum, azalea, rhododendron, holly, laurel and alders. These plants shall be planted in an informal manner throughout Zone One and Zone Two of the RBOZ. These plants shall be provided at a rate of at least one overstory tree and three shrubs for every 20 linear feet of waterway/shoreline. The replacement of removed trees shall comply with the tree replacement provisions set forth in Article
XXIII, Natural Resources Protection, of Chapter
123 of the Code of Ordinances.
Uses permitted in the RBOZ involving structural encroachments
into the RBOZ, such as corridor crossings, stormwater basins, buildings,
and paved trails, shall be mitigated by increasing the width of the
RBOZ as replacement for the area lost due to the encroachment. The
amount of this mitigation land to be added to the RBOZ shall be equal
to two times the area of the encroachment and any appurtenant improvements
located within the RBOZ. This mitigation land shall be added to the
width of the RBOZ in the areas closest to the encroachment to best
mitigate the negative impacts of the encroachment and shall have a
minimum dimension of five feet deep and 10 feet long. This mitigation
land must be located upon the property of the applicant/developer,
and property owned/controlled by third parties cannot be used to meet
this mitigation requirement. The placement and dimensions of this
mitigation land shall be reviewed and approved by the Township to
ensure that it is located and designed to best alleviate any negative
effects of the encroachment.
Ephemeral watercourses shall be protected from disturbance by
the establishment of a thirty-foot-wide drainage easement centered
along the watercourse in a form acceptable to the Township of Lower
Providence.