In expansion of the declaration of legislative intent and statement of community development objectives found in §§
500-101 and
500-102 of Article
I of this chapter, it is the intent of this article to provide reasonable controls governing the conservation, management, disturbance and restoration 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. 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 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
wildlife habitat, moderate water temperature 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 and 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, Act 1937-394, P.L.
1987, Chapter 102 of the Administrative Code (as amended October
10, 1980, Act 157), Title 25, and any subsequent amendments thereto,
as administered by the Pennsylvania Department of Environmental Protection
and the Montgomery County Conservation District.
F. Conserve natural features important to land or water
resources, such as headwater areas, groundwater recharge zones, floodway,
floodplain, springs, streams, wetlands, woodlands, prime wildlife
habitats, and other features that provide recreational value or contain
natural amenities, whether on developed or undeveloped land.
G. Work with floodplain, steep slope, and other requirements
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 Overlay District in compliance
with the requirements of this article:
A. Open space uses that are primarily passive in character,
including wildlife sanctuaries, nature preserves, forest preserves,
fishing areas, passive areas of public and private parklands, recreational
trails, and reforestation.
B. Streambank stabilization.
C. Forestry operations approved by the Montgomery County
Conservation District.
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 §
500-2907B are satisfied. The corridor crossing standards of §
500-2908 should be considered during design of the driveway.
(3)
Driveways serving more than two single-family detached dwelling units, or roadways, recreational trails, railroads and utilities, provided the mitigation requirements of §
500-2907B and the corridor crossing design standards of §
500-2908 are satisfied.
E. Front, side and/or rear yards on private lots, provided
that the setback for all permanent structures from the outer boundary
of the riparian corridor shall be a minimum of 25 feet. In addition,
yard areas within the riparian corridor shall otherwise comply with
the restrictions of the riparian corridor requirements herein.
F. The following uses are permitted by right within the
Riparian Corridor but shall not be located within 25 feet of the edge
of any watercourse, wetland or pond:
(1)
Passive areas of uses, such as picnic areas
and golf courses.
[Amended 4-14-2009 by Ord. No. 2009-01]
(2)
Active recreation areas such as ball fields,
playgrounds and courts, provided these uses are designed in a manner
that will not permit concentrated flow of stormwater runoff and includes
an alternative method of filtering runoff acceptable to the Township
Engineer.
(3)
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 §
500-2907B shall be satisfied. In all cases, these lines shall be located as far from the watercourse, wetland or pond as practical.
(4)
Residential accessory structures having a floor
area no larger than 225 square feet.
(5)
Agricultural uses conducted in compliance with
methods prescribed in the Department of Environmental Protection's
Erosion and Sediment Pollution Control Manual, 1990, as amended.
[Amended 6-8-2004 by Ord. No. 2004-06; 2-13-2007 by Ord. No. 2007-01]
Any use or activity not authorized within §
500-2902 herein shall be prohibited within the Riparian Corridor Conservation Overlay District, and the following activities and facilities are specifically prohibited:
A. Clearing of existing vegetation, except where such clearing is necessary to prepare land for a use permitted under §
500-2902 herein and where the effects of these actions are mitigated by reestablishment of vegetation, as specified under §
500-2907 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 or driveways, except where permitted as corridor crossings in compliance with §
500-2902 herein.
E. Motor or wheeled vehicle traffic in any area not designed
to accommodate adequately the type and volume.
G. Subsurface sewage disposal areas.
I. Stormwater basins, including necessary berms and outfall
facilities.
J. Residential accessory structures having a floor area
larger than 225 square feet.
K. Mowing of grass within 25 feet of the edge of any
watercourse, wetland or pond, except as necessary to prevent or control
the intrusion of unwanted species along the riparian corridor.
Nonconforming structures and uses of land within the Riparian Corridor Conservation Overlay District shall be regulated under the provisions of Article
VII, Nonconformance, herein, except that the one-year time frame for discontinuance shall not apply to agricultural uses which are following prescribed best management practices for crop rotation.
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,
streambank protection, wetlands management, erosion and sedimentation
control, or other relevant fields.