A.
In expansion of the community development objectives contained in Article I, § 295-100, of this chapter and in support of the goals and recommendations of the Cheltenham Township Comprehensive Plan, the Cheltenham Township Open Space Plan, and all other adopted plans relating to environmental and water resource management in Cheltenham Township, 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,[1] and other commonwealth and federal statutes. In addition,
the specific intent of this article is to:
(1)
Improve surface water quality by reducing the amount of nutrients,
sediment, organic matter, pesticides, and other harmful substances
that reach watercourses, wetlands, and 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.
(2)
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.
(3)
Preserve and protect areas that intercept surface water runoff
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 water bodies, as well as provide wildlife
habitat, moderate water temperature in water bodies, and provide opportunities
for passive recreation.
(4)
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.
(5)
Assist in the implementation of pertinent commonwealth laws
concerning erosion and sediment control practices, specifically erosion
control, of the Pennsylvania Clean Streams Law, Act 394, P.L. 1987,[2] 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.
(6)
Conserve the 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 that exist on developed and undeveloped land.
(7)
Comply with floodplain, steep slopes, and other ordinances that
regulate environmentally sensitive areas to minimize hazards to life,
property, and riparian features.
(8)
Support the goals and practices of Stormwater Management Plan
for the Tookany/Tacony-Frankford Designated Watershed, as adopted
by Cheltenham Township and as amended.
(9)
Recognize that natural features contribute to the welfare and
quality of life of the Cheltenham Township residents.
(10)
Conserve natural, scenic, and recreation areas within and adjacent
to riparian areas for the community's benefit.
[1]
Editor's Note: Editor's Note: See 53 P.S. § 10101 et
seq.
A.
The Riparian Corridor Conservation District is an overlay district that applies to lands adjacent to streams, including any adjacent wetlands and/or water bodies draining into the identified stream, as specifically delineated in § 295-2002 herein.
B.
The Riparian Corridor Conservation District regulations shall apply
when:
C.
Lots containing legally existing structures shall not be subject
to the requirements of this chapter unless and until they are the
subject of either Subsection B(1) or (2) listed above. Existing nonconforming
uses and structures shall be permitted to expand to the extent permitted
by this chapter.
D.
Any lands within 100 feet of a stream that are wholly separated from
that stream by a public or private street shall be exempt from the
regulations contained in this article and shall not be considered
to be within the Riparian Corridor Conservation District.
A.
Boundary application. The Riparian Corridor Conservation District
is an overlay district that applies to lands adjacent to streams,
wetlands, and water bodies, as specified in the following table:
|
Water Feature
|
Minimum Corridor Width
| |
|
1.
|
Mapped streams:
As mapped on the adopted "Cheltenham Township Riparian Corridor
Conservation District Map," (Attachment A, as amended), including
any adjacent wetlands and/or water bodies
|
Zone 1: Minimum width of 25 feet from each defined edge of the
stream at bank full flow, measured perpendicular to the edge of the
stream
Zone 2: Minimum width of 75 feet from the outer edge of Zone
1, measured perpendicular to the edge of Zone 1, or equal to the extent
of the one-hundred-year floodplain1, or
25 feet beyond the outer edge of a wetland along the stream, whichever
is greater
|
|
2.
|
Unmapped streams:
Any perennial stream2, located on
a property survey by a design professional licensed in the Commonwealth
of Pennsylvania, including any adjacent wetlands and/or water bodies
draining into the identified stream
|
Zones 1: Minimum width of 25 feet from each defined edge of
the stream at bank full flow, measured perpendicular to the edge of
the stream
Zone 2: Minimum width of 75 feet from the outer 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
|
|
NOTES:
| |
|
1
|
One-hundred-year floodplain shall be defined according to the criteria of Article XIX, Floodplain Conservation Overlay District
|
|
2
|
A "perennial stream" shall mean any waterway that has continuous
flow in parts of its bed all year round
|
B.
Zone 1 and Zone 2 boundary locations shall be measured from the defined
edge of the stream channel at bank full flow, or from the defined
top-of-bank, whichever is greater. In cases where a stream is channeled
using stone or concrete walls, or some other method, the inner edge
of the top of the wall shall define the edge of the stream channel.
C.
When a submission as identified in § 295-2001B is made to Cheltenham Township, it shall be the applicant's responsibility to identify and accurately locate all streams, wetlands, and water bodies on the applicant's site and within 100 feet of the applicant's property boundaries. All Zone 1 and Zone 2 Riparian Corridor boundaries, as defined and adjusted in § 295-2002A and B and § 295-2003, shall also be identified by the applicant. Plans for land development and subdivision of land shall be prepared by a design professional licensed in the Commonwealth of Pennsylvania and shall be reviewed by the Township Zoning Officer for correctness.
D.
Boundary dispute. The Zoning Officer, Township Engineer and/or other such advisors selected by the Board of Commissioners, shall make all determinations related to the boundaries of the Riparian Corridor Conservation District. Any party that alleges there is an error in any such determination, or other decision or determination under this article, may appeal to the Township Zoning Hearing Board as provided in Article XXX.
E.
Terminology. Technical terminology used in this article shall be
interpreted to have the meanings used and recognized by the Pennsylvania
Department of Environmental Protection. Interpretation and final determination
shall be made by the Township Zoning Officer.
A.
The boundaries of the Riparian Corridor Conservation District, as identified in § 295-2002, shall be adjusted in compliance with the following:
(1)
All properties measuring less than one acre shall be permitted
to reduce Zone 1 to 10 feet, and Zone 2 to an additional 25 feet,
measured from the edge of Zone 1, for a total buffer width of 35 feet.
(2)
If any structure legally existing at the time of the passing
of this article lies within 100 feet of the defined edge of a stream,
in whole or in part, Zone 2 requirements shall not apply to that structure,
but shall apply to the rest of the lot where an existing structure
does not intervene. Zone 1 requirements shall apply as specified herein
(10 feet for properties less than one acre; 25 feet for properties
greater than one acre).
(3)
If any parking lot or driveway legally existing at the time
of the passing of this article lies within 25 feet of the defined
edge of a stream (and/or within Zone 1), and that parking area or
driveway is proposed to be redeveloped or reconfigured as part of
a land development application, the proposed paved area shall not
encroach upon the stream buffer any more than the existing paved area
already does. The proposed paved area shall be located a minimum of
five feet away from the defined edge of the stream, even if the existing
paved area is closer to the stream, and the remaining five (or more)
feet shall be vegetated. This requirement only applies when the paved
area is the subject of a land development application; this does not
apply to regular maintenance such as repaving of an existing parking
lot or driveway.
A.
The following uses are permitted in the Riparian Corridor Conservation
District in compliance with the requirements of this article, provided
that they are in compliance with the provisions of the underlying
district and are not prohibited by any other code or chapter:
(1)
Uses permitted within both Zone 1 and Zone 2:
(a)
Open space uses that are primarily passive in character, including
wildlife sanctuaries, nature preserves, forest preserves, fishing
areas, and passive areas of public and private parklands.
(b)
Walking paths and recreational trails, constructed in compliance
with Chapter 102, Title 25, of the Pennsylvania Administrative Code,
entitled "Erosion and Sediment Control." Trails shall be located a
minimum of five feet away from of the defined edge of a stream, except
that periodic lookout points shall be permitted to allow users access
to the stream.
(c)
Maintenance of vegetation and plant materials, including gardening,
landscaping, tree and shrub pruning, and lawn mowing and edging.
(d)
Stream bank stabilization and channel restoration activities
as approved and/or conducted by the Township of Cheltenham.
B.
Uses permitted within Zone 2 only (not permitted within Zone 1):
(1)
New/proposed accessory structures having an area equal to or less than 400 square feet and otherwise meeting the dimensional requirements of the underlying zoning district. New/proposed accessory structures shall not be located within Zone 1, except as allowed in § 295-2003 herein, including, but not limited to, sheds, and garages.
(2)
Required yard areas proposed as part of a subdivision or land
development shall be permitted in Zone 2 but shall not include any
lands located in Zone 1.
(3)
Active recreation areas such as ball fields, playgrounds, golf courses, swimming pools, and sports courts, provided these uses are designed in a manner that will not permit accelerated erosion as defined and regulated Chapter 290 of the Township Code, Watershed Stormwater Management.
(4)
Centralized sewer and/or water lines and public utility transmission lines. When proposed as part of a subdivision or land development, the mitigation requirements of § 295-2007 shall be satisfied. In all cases, utility lines shall be located at least 35 feet from Zone 1, or a minimum of 60 feet from the top of the stream bank, whichever is greater.
A.
Cheltenham Township shall have the right to inspect lands within
or adjacent to an identified Riparian Corridor Conservation District
when:
(1)
A plan is submitted for land development or subdivision of land.
(2)
A building permit application is submitted for construction
of a new structure and/or an expansion of an existing structure within
100 feet of a mapped stream.
(3)
The Riparian Corridor Conservation District may also be inspected
periodically by Cheltenham Township for compliance with an approved
restoration plan, excessive or potentially excessive erosion, or at
any time when the presence of an unauthorized activity or structure
is brought to the attention of the Township.
A.
All corridor crossings permitted under § 295-2004, herein, shall incorporate, as required, the following design standards:
(2)
Crossings shall be designed to cross the riparian corridor at
direct right angles (+/- 10°) in order to minimize disturbance
of the corridor.
(3)
Crossings shall be separated by a minimum of 1,000 feet of buffer
length.
(4)
Bridges shall be used when crossings would require a seventy-two-inch
or greater diameter pipe. When culverts are installed they shall consist
of slab, arch, or box culverts and not corrugated metal pipe. Culverts
shall be designed to retain the natural channel bottom to ensure the
passage of water during low flow or dry weather periods.
(5)
Mitigation measures. Corridor crossings permitted in § 295-2004 shall be mitigated by increasing the width of the corridor as replacement for the area lost due to the encroachment, so that the total corridor area (land area within Zone 1 and Zone 2) for each applicable side of the stream or water body is equal to that required by § 295-2001.
