Township of Upper Pottsgrove, PA Article XXIX Riparian Corridor Conservation District

[Added 4-7-2008 by Ord. No. 423]

§ 350-186 Legislative intent.

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,[1] as amended, and other commonwealth and Federal statutes, in conformance with the goals of the Pottstown Metropolitan Area Regional Comprehensive Plan, Township Open Space 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, and 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 article and the best-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] Act 394, P.L. 1987, Chapter 102 of the Administrative Code (as amended October 10, 1980 Act 157 P.L.), Title 25, 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 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.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

§ 350-187 Application and width Determination of the District.

A. Application. The Riparian Corridor Conservation District is an overlay district that applies to Zones 1, 2, and 3 as described in the table below:

Surface Water Feature	Minimum Corridor Width
1. Perennial streams: All perennial streams identified in the soil survey.1 (Perennial streams are shown as solid lines on the soil survey1).	Zone 1: Minimum width of 25 feet from each defined edge of the watercourse at bank full flow, measured perpendicular to the edge of the watercourse.
	Zone 2: Minimum width of 50 feet from, the outer edge of Zone 1 on each side of the stream, measured perpendicular to the edge of Zone 1, or equal to the extent of the one-hundred-year floodplain,3 or 25 feet beyond the outer edge of a wetland along the stream, whichever is greater.
	Zone 3: Width varies. Extends outwards from Zone 2 on each side of stream where upslope areas adjacent to Zone 2 are being disturbed during land development and where direct discharge of stormwater would otherwise occur.
2. Intermittent streams: Intermittent streams identified in the soil survey or any stream otherwise identified on the applicant's plan that have an upstream drainage area of 75 acres or more.2	Zone 1: Minimum width of 25 feet from each defined edge of the watercourse at bank full flow, measured perpendicular to the edge of the watercourse.
	Zone 2: Minimum width of 50 feet from the outer edge of Zone 1 on each side of the stream, measured perpendicular to the edge of Zone 1, or equal to the extent of the one-hundred-year floodplain, or 25 feet beyond the outer edge of a wetland along the stream, whichever is greater.
	Zone 3: Width varies. Extends outwards from Zone 2 on each side of stream where upslope areas adjacent to Zone 2 are being disturbed during land development and where direct discharge of stormwater would otherwise occur.
3. Other intermittent streams: All other streams with an upstream drainage area of less than 75 acres, including intermittent streams identified in the soil survey.	Zone 1: Minimum width of 25 feet from the center line of the watercourse, measured perpendicular to the center line of the watercourse, or equal to the extent of the one-hundred-year floodplain,3 or 25 feet beyond the outer edge of a wetland along the stream, whichever is greater.
	Zone 2: Does not apply.
	Zone 3: Width varies. Extends outwards from Zone 1 where upslope areas adjacent to Zone 1 are being disturbed during land development and where direct discharge of stormwater would otherwise occur.
4. Wetlands and water bodies: Wetlands not located along a stream, and water bodies, where the wetland and/or water body is greater than 10,000 square feet in area.	Zone 1: Minimum width of 25 feet from the outer edge of the wetland or water body, measured perpendicular to the edge. For wetlands located at the edge of a water body, the measurement shall be made from the outer edge of the wetland.
	Zone 2: Does not apply.
	Zone 3: Width varies. Extends outwards from Zone 1 where upslope areas adjacent to Zone 1 are being disturbed during land development and where direct discharge of stormwater would otherwise occur.

NOTES:

1 "Soil survey" shall mean the most recent edition of the Soil Survey of Montgomery County, prepared by USDA's Soil Conservation Service.

2 Upstream drainage area shall be measured from where the stream exits the applicant's site.

3 One-hundred-year floodplain is identified on the Flood Insurance Rate Map (FIRM) prepared by FEMA, or as calculated by the applicant where FEMA data does not apply.

B. Zone designation adjustments for steep slopes. Where steep slopes in excess of 25% are located within 75 feet of a stream identified in items 1 and 2 in the table in § 350-192A above, the area of steep slopes shall be designated as Zone 1 consistent with the following:

(1) If the extent of the steeply sloped area is more than 75 feet, the Zone 1 designation shall extend to 75 feet or to the full extent of the steeply sloped area within the corridor. If Zone 1 extends greater than 75 feet, as may be required in item 3 in the table in § 350-192A, Zone 2 shall not be required except as may be required in item 1 or 2 in the table in § 350-192A for floodplains.

(2) If the extent of the steeply sloped area is less than 75 feet, the Zone 1 designation shall extend to the limit of the steeply sloped area, and the width of Zone 2 shall be adjusted so that the total corridor width (Zone 1 plus Zone 2) will be that required in item 1, 2 or 3 in the table in § 350-192A.

C. Identification and width determination. The applicant shall be responsible for the following:

(1) Identifying the watercourses, wetlands, and/or water bodies on and abutting the applicant's site, and locating these features accurately on the applicant's plans.

(2) Initial width determination of the riparian corridor(s) in compliance with § 350-192A, herein, and for identifying these areas on any plan that is submitted for subdivision, land development, or other improvements that require plan submissions or permits. The initial determination(s) shall be subject to review and approval by the Township Planning Commission, with the advice of the Township Engineer.

§ 350-188 Permitted uses.

The following uses are permitted by right in the Riparian Corridor Conservation District in compliance with the requirements of this article:

A. Zones 1 and 2: At least half of any required yard setback area, for any individual lot, must be entirely outside of the Riparian Corridor Conservation District.

B. Zone 1:

(1) Open space uses that are primarily passive in character shall be permitted to extend into the area defined as Zone 1, 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 one or two single-family detached dwelling units, provided the mitigation requirements of § 350-198B are satisfied. The corridor crossing standards of § 350-199 should be considered during design of the driveway.

(c) Driveways serving more than two single-family detached dwelling units, or roadways, recreational trails, railroads, farm vehicles and livestock, and utilities, provided:

[1] Township approval is obtained;

[2] The mitigation requirements of § 350-198B are followed; and

[3] The corridor crossing design standards of § 350-199 are satisfied.

C. 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) Agricultural uses (including expansions of existing operations on an existing parcel) conducted in compliance with methods prescribed in the Department of Environmental Protection's Erosion and Sediment Pollution Control Manual, March 2000, as amended. Agricultural uses shall comply with best management practices (consistent with USDA's Natural Resources Conservation Service), and be located as far from Zone 1 as possible.

(3) Corridor crossings (corridor crossings shall be located as far from Zone 1 as possible):

(a) Agricultural crossings by farm vehicles and livestock.

(b) Driveways serving one or two single-family detached dwelling units, provided the mitigation requirements of § 350-198B are satisfied. The corridor crossing standards of § 350-199 should be considered during design of the driveway.

(c) Driveways serving more than two single-family detached dwelling units, or roadways, recreational trails, railroads, farm vehicles and livestock, and utilities, provided:

[1] Township approval is obtained.

[2] The mitigation requirements of § 350-198B are followed; and

[3] The corridor crossing design standards of § 350-199 are satisfied.

(4) Residential accessory structures (no more than one per property) having an area equal to or less than 225 square feet.

(5) Forestry operations approved by the Montgomery County Conservation District.

(6) Passive use areas such as camps, campgrounds, picnic areas, and golf courses; active recreation areas such as ballfields, playgrounds, and courts, provided these uses are designed in a manner that will not permit concentrated flow of stormwater runoff.

(7) Centralized sewer and/or waterlines, and public utility transmission lines running along the corridor. When proposed as part of a subdivision or land development, the mitigation requirements of § 350-198B shall be satisfied. In all cases, these lines shall be located as far from Zone 1 as practical.

D. Zone 3. Zone 3 must included level spreading devices as necessary to insure that any directed discharged stormwater flows are properly distributed as sheet flow, and channelization and point source discharge are avoided.

[Amended 4-18-2011 by Ord. No. 446]

§ 350-189 Uses specifically prohibited.

Any use or activity not authorized within § 350-193 herein shall be prohibited within Zones 1 and 2 of the Riparian Corridor Conservation District and the following activities and facilities are specifically prohibited:

A. Clearing of all existing vegetation, except where such clearing is necessary to prepare land for a use permitted under § 350-198A, herein, and where the effects of these actions are mitigated by reestablishment of vegetation, as specified under § 350-198A, 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 § 350-193 herein.

E. Motor or wheeled vehicle traffic in any area not designed to accommodate adequately the type and volume of such traffic.

F. Parking lots.

G. Any type of permanent structure, except structures needed for a use permitted in § 350-193, herein.

H. Sewage disposal areas (on-site, including sand mounds).

I. Sod farming.

J. Stormwater basins, including necessary berms and outfall facilities.

§ 350-190 Nonconforming structures and uses.

Existing uses falling within the Riparian Corridor Conservation District, unless otherwise addressed by the provisions herein, are not subject to the requirements of this article.

§ 350-191 Boundary interpretation and appeals procedure.

A. When an applicant disputes the Zone 1 and/or 2 boundaries of the riparian corridor 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 and/or other advisors selected by the Board of Commissioners shall evaluate all material submitted and provide a written determination within 45 days to the Board of Commissioners, Township Planning Commission, and landowner or applicant.

C. Any party aggrieved by any such determination or other decision or determination under this section may appeal to the Zoning Hearing Board under the provisions of Article XX of this chapter. The party contesting the location of the district boundary shall have the burden of proof in case of any such appeal.

§ 350-192 Inspection.

A. Lands within or adjacent to an identified Riparian Corridor Conservation Overlay District will be inspected by the Township 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 Commissioners for compliance with an approved restoration plan, excessive or potentially problematic erosion, trees which may cause a safety hazard, or at any time when the presence of, or possibility of, an unauthorized activity or structure is brought to the attention of Township officials.

§ 350-193 Management of Riparian Corridor District.

A. Riparian corridor planting. Re-establishment of forest cover and woodland habitat shall be required consistent with the requirements of the landscape regulation within the Township Subdivision and Land Development Ordinance.[1]

[1] Editor's Note: See Ch. 310, Subdivision and Land Development.

B. Mitigation measures.

(1) Uses permitted in § 350-193 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 corridor area (land area within Zone 1 and Zone 2) for each applicable side of the stream or watercourse is equal to that required by § 350-192A.

(2) Corridor area is the product of the corridor width required by § 350-192A and the total length for each applicable side of the stream or watercourse for which a riparian corridor is being established.

(3) Example: If a stream corridor on a given property is 300 feet long, the stream is perennial, and there are no disturbed upslope areas, the riparian corridor is equal to 150 feet (combined width per § 350-192) X 300 feet (length) = 45,000 square feet, or approximately one acre.

(4) 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 streams and watercourses, the increased width shall be applied along the length of the stream in blocks of 1,000 feet or more, or the full length of the corridor on the affected property, whichever is less.

§ 350-194 Corridor crossing standards.

A. Corridor crossing criteria. All corridor crossings permitted under § 350-193A or B, herein shall incorporate, as required, the following design standards:

B. The width of the right-of-way should not be greater than the minimum right-of-way width required by the Township Subdivision and Land Development Ordinance.[1]

[1] Editor's Note: See Ch. 310, Subdivision and Land Development.

C. 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.

D. Corridor crossings should be separated by a minimum of 1,000 feet of buffer length.

E. Bridges should 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.

§ 350-195 Use of technical terminology.

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.