[Ord. 2011-01, 4/7/2011, § 501]
1.
Where a regulated activity is proposed covering a total of one acre
or more, a riparian buffer shall be established as follows:
A.
The buffer shall be measured perpendicularly from the top of the
stream bank landward.
B.
The riparian buffer shall be located on both sides of all perennial
and intermittent streams. The perennial and intermittent streams and
the riparian buffer boundaries shall be shown on all applications
for building permits, subdivision, or land development. Existing uses
within the buffer are permitted to continue but not be expanded. Placement
of new structures or roadways within the riparian buffer shall be
prohibited. Where a wetland exists within the buffer area, the buffer
shall be extended landward to provide a minimum buffer of 25 feet,
as measured perpendicularly from the wetland boundary.
C.
Expect as otherwise approved, the buffer shall be undisturbed forest
consisting of appropriate native species or other approved vegetation.
D.
Where wetlands are located partially or entirely within a buffer,
the buffer shall be extended to encompass the wetland and shall be
widened by a distance sufficient to provide a twenty-five-foot forested
buffer measured perpendicularly from the wetland boundary.
E.
The following uses shall be permitted in the buffer:
(2)
Stream crossings, provided the crossing is designed and constructed
in such a manner as to minimize the impact to the buffer. The riparian
buffer shall be restored to its original condition, to the maximum
extent practical, upon completion of construction.
(3)
Utility lines, provided that the crossing is designed and constructed
in such a manner as to minimize the impact to the inner buffer and
provided that there is no practical alternative to locating the utility
line within the buffer. The riparian buffer shall be restored to its
original condition, to the maximum extent practical, upon completion
of construction.
(4)
Maintenance and restoration of the riparian buffer.
(5)
Projects conducted with the objective of improvement, stabilization,
restoration, or enhancement of the stream bank, stream channel, floodplain,
watershed hydrology, riparian buffers, or aquatic habitat and maintenance
activities associated with such projects. These projects include,
but are not limited to, agricultural and stormwater management best
management practices. Such projects must receive appropriate permits
and approvals from PADEP prior to starting the project.
(6)
Minor private recreational uses for the property owner. Such
uses include benches, fire rings, and similar uses. Such uses do not
include structures such as cabins, sheds, pavilions, garages, dwellings
or similar structures.
F.
Disturbance of the riparian buffer shall be limited to the area necessary
to perform an allowable use.
G.
Where possible and practical, disturbances shall be phased with each
phase restored prior to beginning the next phase.
H.
Allowable activities shall not cause stormwater flow to concentrate.
I.
Any vegetation removed for an allowable activity shall be replaced
immediately upon completion of the activity. Where mature trees are
removed, such trees shall be replaced with the largest practical tree
of acceptable native species.
J.
Erosion and sediment pollution control shall be installed and maintained
during construction. Evidence of an approved erosion and sediment
control plan, NPDES permit or other PADEP permit, where required,
shall be submitted prior to issuance of local permits.
K.
Riparian buffers shall be maintained in a manner consistent with
sound forest management practices. In the absence of a site specific
management plan, the following maintenance guidelines apply:
(1)
Buffers shall be inspected periodically for evidence of excessive
sediment deposition, erosion or concentrated flow channels. Prompt
action shall be taken to correct these problems and prevent future
occurrence.
(2)
Trees presenting an unusual hazard of creating downstream obstructions
shall be removed. Such material shall be removed from the floodplain
or the riparian buffer (whichever is widest); or cut into sections
small enough so as to prevent the possibility of creating obstructions
downstream. Wherever possible, large stable debris should be conserved.
(3)
Vegetation should be inspected periodically, and a diverse vegetative
cover and vigorous plant growth consistent with buffering objectives
should be maintained.
(4)
Invasive plant species that may threaten the integrity of the
buffer should be removed.
(5)
Excessive use of fertilizers, pesticides, herbicides, and other
chemicals shall be avoided. These products should be used only when
absolutely necessary to maintain buffer vegetation.
