In expansion of the declaration of legislative intent and statement of community development objectives found in §§ 310-2 and 310-3 of Article I of this chapter, it is the intent of this article to provide reasonable controls governing the restoration, conservation, disturbance and management of riparian corridors under authority of Article I, Section 27 of the Pennsylvania Constitution; Act 247, the Municipalities Planning Code, as amended;[1] and other commonwealth and federal statutes, in conformance with the goals of the Comprehensive Plan, Open Space and Environmental Resource Protection Plan, and the following objectives:
A. 
Reduce the amount of nutrients, sediment, organic matter, pesticides and other harmful substances that reach watercourses, wetlands, subsurface and surface water bodies by using scientifically proven processes, including filtration, deposition, absorption, adsorption, plant uptake and denitrification, and by improving infiltration, encouraging sheet flow, and stabilizing concentrated flows.
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 a wildlife habitat, moderate water temperature in surface water features, 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 and with 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 erosion control, of the Pennsylvania Clean Streams Law,[2] P.L. 1987 (as amended October 10, 1980, Act 157, P.L. 894), Chapter 102, Erosion and Sediment Control, of Title 25 of the Pennsylvania Code, and any subsequent amendments thereto, as administered by the Pennsylvania Department of Environmental Protection and the Montgomery County Conservation District.
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
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 constituting high recreational value or containing 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 the Township's residents.
I. 
Conserve natural, scenic and recreation areas within and adjacent to riparian areas for the community's benefit.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
Application. The Riparian Corridor Conservation District is an overlay district that applies to the following watercourses and water bodies and the land adjacent to them, as further specified in the table in Subsection B:
(1) 
All perennial streams identified in the most recent Soil Survey of Montgomery County, shown as solid lines on the soil survey maps.
(2) 
All intermittent streams identified in the most recent soil survey of Montgomery County, shown as dotted and dashed lines on the soil survey maps, and any additional watercourses identified on the applicant's plans.
(3) 
Lands at the margins of wetlands and ponds greater than 10,000 square feet in area.
B. 
Table.
Regulated Surface Water Feature
Zone 1
Required
Zone 2
Required
Corridor Width Measurement
Perennial streams identified in the most recent soil survey of Montgomery County, shown as solid lines on the soil survey maps
Yes
Yes
A minimum of 75 feet from each defined edge of the watercourse at bank-full flow or equal to the extent of the 100-year floodplain, whichever is greater
All intermittent streams identified in the most recent soil survey of Montgomery County, shown as dotted and dashed lines on the soil survey maps, with an upstream drainage area of 75 acres or more, measured from where the stream exits the applicant's site
Yes
Yes
A minimum of 75 feet from each defined edge of the watercourse at bank-full flow or equal to the extent of the 100-year floodplain, whichever is greater
Any other streams identified on the applicant's plan with an upstream drainage area of 75 acres or more, measured from where the stream exits the applicant's site
Yes
Yes
A minimum of 75 feet from each defined edge of the watercourse at bank-full flow or equal to the extent of the 100-year floodplain, whichever is greater
All other streams with an upstream drainage area of less than 75 acres, measured from where the stream exits the applicant's site, including those identified as dotted and dashed lines on the maps in the most recent soil survey of Montgomery County
Yes
No
A minimum of 25 feet from the center line of the watercourse
Lands at the margins of wetlands and water bodies, as defined in this chapter, greater than 10,000 square feet in area
Yes
No
A minimum of 25 feet from the edge of the wetland or water body; for wetlands at the edge of a water body, the measurement shall be made from the wetland edge
C. 
Width of Zone 1.
(1) 
Zone 1 shall occupy a margin of land with a minimum width of 25 feet, measured horizontally on a line perpendicular to the edge or center line of the watercourse, as appropriate, and/or the edge of the wetland or pond.
(2) 
Where slopes in excess of 25% are located within 25 feet of a stream or watercourse identified in Subsection A or B above, Zone 1 shall extend the entire distance of this sloped area or 75 feet, whichever is less.
D. 
Width of Zone 2.
(1) 
Where applicable, this zone shall begin at the outer edge of Zone 1 and occupy a minimum width of 50 feet in addition to Zone 1. Where Zone 1 has been adjusted to a width greater than 25 feet in compliance with Subsection C(2) above, the width of Zone 2 will be adjusted so that the total corridor width (Zone 1 plus Zone 2) will be a maximum of 75 feet.
(2) 
Where the 100-year floodplain extends more than 75 feet from the watercourse, Zone 1 shall remain a minimum of 25 feet wide, expanded for slopes in excess of 25% as necessary, and Zone 2 shall extend from the outer edge of Zone 1 to the outer edge of the 100-year floodplain.
E. 
Conservation easement.
(1) 
A conservation easement shall be provided when recommended by the Planning Commission and approved by the Board of Supervisors for those areas adjacent to the riparian corridor. The conservation easement shall be a minimum of 20 feet from the edge of each side of the riparian corridor. The applicant and Board of Supervisors shall enter into a conservation easement agreement which shall describe how the easement shall be controlled. The conservation easement agreement shall be recorded and shall run in perpetuity with the land.
The following uses are permitted by right in the Riparian Corridor Conservation District.
A. 
Zone 1.
(1) 
Open space uses that are primarily passive in character, including:
(a) 
Wildlife sanctuaries, nature preserves, forest preserves, fishing areas, passive areas of public and private parklands, and reforestation.
(b) 
Stream bank stabilization.
(2) 
Forestry operations approved by the Montgomery County Conservation District.
(3) 
Corridor crossings.
(a) 
Agricultural crossings by farm vehicles and livestock.
(b) 
Driveways serving no more than two single-family detached dwelling units, provided the mitigation requirements of § 310-220 are satisfied. The corridor crossing standards of § 310-221 should be considered during design of the driveway.
(c) 
Driveways serving more than two single-family detached dwelling units; roadways, recreational trails, railroads and utilities, provided the mitigation requirements of § 310-220 and the corridor crossing design standards of § 310-221 are satisfied.
B. 
Zone 2.
(1) 
Open space uses, including wildlife sanctuaries, nature preserves, forest preserves, passive areas of public and private parklands, recreational trails and reforestation.
(2) 
No more than 1/2 the depth of any minimum required front, side and/or rear yards on private lots. The result of this requirement is that 1/2 of the minimum required yard depth shall act as a setback from the Zone 2 boundary, and the other half may extend into Zone 2 to complete the minimum required yard area. However, the portion of the setback within Zone 2 shall be subject to the regulations of Zone 2.
(3) 
Agricultural uses conducted in compliance with methods prescribed in the Department of Environmental Protection's Erosion and Sediment Pollution Control Program Manual, 1990, as amended.
(4) 
Corridor crossings:
(a) 
Agricultural crossings by farm vehicles and livestock.
(b) 
Driveways serving no more than two single-family detached dwelling units, provided the mitigation requirements of § 310-220 are satisfied. The corridor crossing standards of § 310-221 should be considered during design of the driveway.
(c) 
Driveways serving more than two single-family detached dwelling units, roadways, railroads and utilities, provided the mitigation requirements of § 310-220 and the corridor crossing design standards of § 310-221 are satisfied.
(5) 
Residential accessory structures having an area less than 225 square feet.
(6) 
Forestry operations approved by the Montgomery County Soil Conservation District.
(7) 
Passive recreation areas, such as camps, campgrounds, picnic areas and golf courses. Active recreation areas, such as ball fields, playgrounds, courts, provided these uses are designed in a manner that will not permit concentrated flow.
(8) 
Wet and dry ponds for stormwater management. Basin designs that are complementary to the surrounding landscape and naturalized vegetation are encouraged for these facilities.
(9) 
Centralized sewer and/or water lines and utility transmission lines running along the corridor. When proposed as part of a subdivision or land development, the mitigation requirements of § 310-220 shall be satisfied. In all cases, these lines shall be located as far from Zone 1 as practical.
Any use or activity not authorized within § 310-215 herein shall be prohibited within the Riparian Corridor Conservation District, and the following activities and facilities, are specifically prohibited.
A. 
Clear-cutting of the existing vegetation, except where such clearing is necessary to prepare land for a use permitted under § 310-215 herein.
B. 
Storage of any hazardous or noxious materials.
C. 
Use of fertilizers, pesticides, herbicides and/or other chemicals in excess of prescribed industry standards or the recommendations of the Montgomery County Conservation District.
D. 
Roads, except where permitted in compliance with § 310-215 herein.
E. 
Motor or wheeled vehicle traffic in any area not designed to accommodate adequately the type and volume.
F. 
Parking lots.
G. 
Any type of permanent structure, including fences, except structures needed for a use permitted in § 310-215 herein.
H. 
Subsurface sewage disposal areas.
I. 
Sod farming.
Nonconforming structures and uses of land within the Riparian Corridor Conservation District shall be regulated under the provisions of Article VII, Nonconforming Structures, Uses and Lots, except that the one-year time frame shall not apply to agricultural uses which are following prescribed best management practices for crop rotation.
A. 
When an applicant disputes the Zone 1 and/or 2 boundaries of the Riparian Corridor District or the defined edge of a watercourse, surface water body or wetland, the applicant shall submit evidence to the Township that shows the applicant's proposed boundary and provides justification for the proposed boundary change.
B. 
The Township Engineer shall evaluate all material submitted and provide a determination to the Township Zoning Officer.
C. 
Any party aggrieved by any such determination or other decision by the Township Zoning Officer may appeal to the Zoning Hearing Board. The party contesting the location of the district boundary shall have the burden of proof in case of any such appeal.
A. 
Lands within or adjacent to an identified Riparian Corridor Conservation Overlay District will be inspected by the Township's Code Enforcement Officer 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.
B. 
The district may also be inspected periodically by the Code Enforcement Officer and/or other representatives designated by the Board of Supervisors for compliance with an approved restoration plan, excessive or potentially problematic erosion, hazardous trees, or at any time when the presence of an unauthorized activity or structure is brought to the attention of Township officials.
Riparian corridor planting. Reestablishment of forest cover and woodland habitats shall be required consistent with the requirements of the landscape regulations within Chapter 264, Subdivision and Land Development.
A. 
Mitigation measures. Uses permitted in § 310-215 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 area of the corridor (Zone 1 and Zone 2) for each applicable side of the stream or watercourse is equal to that required by § 310-214.
B. 
Corridor area is the product of the corridor width required by § 310-214 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 not be concentrated into an area less than 1,000 feet in length or the full length of the corridor on the affected property, whichever is less.
A. 
Corridor crossing criteria. Review of uses permitted in § 310-215 involving corridor crossings should include, but not be limited to, consideration of 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 264, 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.
Technical terminology used in this article shall be interpreted to have the meanings used by recognized sources and experts in the fields of forestry, woodland or meadow management, stream bank protection, wetlands management, erosion and sedimentation control, or other relevant fields.