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; 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, 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.
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.
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.
G. Any type of permanent structure, including fences, except structures needed for a use permitted in §
310-215 herein.
H. Subsurface sewage disposal areas.
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.
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.
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.