[Ord. No. 2015-03, 6/3/2015]
1.
The purpose of this Part is to establish minimal requirements for
the design of buffers to protect critical environmental areas including
watercourses, wetlands, and floodplains of Shrewsbury Township; to
protect the water quality of watercourses, reservoirs, lakes, and
other significant water resources within Shrewsbury Township; to protect
Shrewsbury Township's riparian and aquatic ecosystems; and to provide
for the environmentally sound use of Shrewsbury Township's land resources.
2.
All of the four major streams and their watersheds located in Shrewsbury
Township serve as public or municipal water supply sources for York
County and the metropolitan Baltimore region. In addition, due to
their generally high water quality, they all support native trout
populations. Also, these streams, and the seeps and springs from which
they originate, are all part of the Chesapeake Bay watershed and as
such contribute to the Bay's well-being or, conversely, to its decline.
[Amended by Ord. No. 2020-01, 8/5/2020]
3.
Steep slope areas, or locations with slopes of 25% or greater, are
critical environmental areas. They are subject to severe erosion,
sedimentation, and subsidence if not protected from disturbance, including
the removal of vegetation and grading. Structures or other improvements
located on these steep areas are prone to instability or structural
problems.
4.
Wellhead protection zones are established in order to prevent the
pollution of the public wells situated within Shrewsbury Township.
[Ord. No. 2015-03, 6/3/2015]
1.
To combine with present zoning requirements, certain restrictions
made necessary for critical environmental areas in order to promote
the general health, welfare and safety of citizens;
2.
To limit, control and restrict construction activities in critical
environmental areas;
[Amended by Ord. No. 2016-03, 9/7/2016]
3.
To permit only those uses that can be appropriately located in critical environmental areas as listed in § 27-1306;
4.
To minimize the danger to public health by protecting the quality
and quantity of surface and subsurface water supplies;
5.
To provide sufficient drainage courses to carry abnormal flows or
stormwater in period of heavy runoff;
6.
To provide areas for the temporary natural storage of floodwaters;
7.
To protect adjacent landowners and property both upstream and downstream
from damages resulting from development within riparian areas and
the consequent obstruction or increase in flow of floodwaters;
8.
To protect the entire Township from individual uses of land that
may have an effect upon subsequent expenditures for public works and
disaster relief and adversely affect the economic well-being of the
citizens of the Township;
[Amended by Ord. No. 2020-01, 8/5/2020]
9.
To protect other municipalities within the same watershed from the
impact of improper development and the consequent increased potential
for flooding and/or unsuitable locations for development;
10.
To allow natural migration of stream channels over time;
11.
To reduce channel erosion and widening of channels;
12.
To reduce erosion and sedimentation;
13.
To allow for infiltration from stormwater runoff;
14.
To enhance the base flow of watercourses, springs and seeps;
15.
To protect and maintain the aquatic environment or ecosystem of critical
environmental areas from nutrient loadings, pesticides, sediments
and temperature increases, as well as other pollutants;
16.
Providing the organic matter that is the source of food and energy
for the aquatic ecosystems;
17.
Provide wildlife habitat including that of rare and endangered species;
18.
Maintaining, enhancing or creating open space, scenic values and
recreational opportunities.
[Ord. No. 2015-03, 6/3/2015]
1.
The establishment or requirement for a riparian buffer is based on
the following considerations:
A.
Erosion Control. A forested or vegetated buffer prevents or minimizes
soil erosion.
B.
Sediment Filter. Riparian buffers help catch and filter out sediment
and debris from surface runoff. Depending upon the width of the buffer,
50% to 100% of the sediments and the nutrients attached to them settle
out and are absorbed by buffer plants.
C.
Pollution Filter, Transformer, and Sink. Nutrients, such as phosphorus
and nitrogen, can become water pollutants if more are applied to the
land than plants can use. Bacteria in the soil, particularly of streamside
forests, can capture and transform nitrogen and other pollutants into
less harmful forms. Buffers also act as a sink when nutrients and
excess water are taken up by root systems and stored in the branches
and leaves of trees.
D.
Stream Flow Regulator. By slowing the velocity of runoff, the riparian
buffer allows water to soak into the soil and recharge the groundwater
supply. Groundwater will reach a stream or river more slowly, and
over a longer period of time, than if it had entered the river as
surface runoff. This helps control flooding and maintain stream flow
during the driest time of the year.
E.
Bank Stabilizer. Riparian buffer vegetation helps to stabilize stream
banks and reduce erosion. Roots hold bank soil together, and stems
protect banks by deflecting the cutting action of waves, ice, and
storm runoff.
F.
Terrestrial Wildlife Habitat. The unique habitat offered by riparian
buffers is home to various plant and animal species, including those
rarely found outside this narrow band of land adjacent to a stream.
Continuous stretches of riparian buffer also serve as wildlife travel
corridors.
G.
Aquatic Habitat. Buffers promote aquatic habitat by improving the
quality of nearby waters through shading and moderating stream flow.
Shade in summer maintains cooler, more even temperatures, especially
on small streams. Cooler water holds more oxygen and reduces stress
on fish and other aquatic organisms. Woody debris, which feeds the
aquatic food web, can also create stepped pools, providing cover for
fish and their food supply while reducing erosion by slowing flow.
H.
Recreation and Aesthetics. Forested buffers are especially valuable
in providing a green screen along waterways, blocking views of nearby
development, and allowing privacy for riverfront landowners.
[Ord. No. 2015-03, 6/3/2015]
1.
All riparian buffer areas shall include the 100 feet immediately
adjacent to the top of a stream bank or outer edge of all watercourses,
including springs and seeps.
2.
The one-hundred-foot minimum or base buffer shall be expanded as
follows:
A.
The outer edge of the buffer area of all watercourses, springs and
seeps shall be extended an additional four feet horizontally for each
1% of slope based on the average slope as calculated over the 200
feet extending from the outer bank of a watercourse or the edge of
a spring or seep. Such calculation shall be made at intervals of no
more than 50 feet or at such intervals as to accurately determine
slope deviations within a two-hundred-foot distance.
B.
If a floodplain or wetland located within the one-hundred-foot minimum
buffer extends beyond the one-hundred-foot buffer, or if a floodplain
or wetland directly borders a one-hundred-foot buffer, these floodplains
and wetlands shall be included as part of the buffer. In addition,
a thirty-five-foot vegetated strip of land shall be included along
the outer edge of these floodplains and wetlands.
C.
Except that forestry best management practices and logging operations
shall only be required to satisfy the minimum buffer of 100 feet and
shall be exempt from buffer extensions based on slope.
[Ord. No. 2015-03, 6/3/2015;
amended by Ord. No. 2016-03, 9/7/2016]
1.
This Part shall apply to all construction activities within the CEA
except for those where a variance has been granted or other exception
applies.
2.
Accessory structures shall be permitted on existing developed lots
or parcels, as of September 7, 2016, provided the following standards
are met:
A.
Be set back a minimum of 35 feet from the outer bank of a watercourse
or the edge of a spring, seep, floodplain, or wetland.
B.
Does not exceed 100 square feet of impervious area.
C.
Best management practices, as defined by Natural Resources Conservation
Service, are permitted.
D.
Piers, docks, and bulkheads are permitted without meeting the requirements
of § 27-1305.2.A and 1305.2.B. State and/or federal permits
may be required.
3.
All forestry management practices and harvesting operations are permitted
within the buffer subject to the requirements of § 27-1307.5.
4.
This Part shall not apply to agricultural operations except in situations
where erosion and sedimentation is occurring within the critical environmental
areas or buffer and/or livestock are damaging the stream banks or
polluting the watercourse.
[Ord. No. 2015-03, 6/3/2015]
The following uses, if permitted within the underlying zoning
district, and no others, are permitted within critical environmental
areas, provided no dwellings are included and that best management
practices as defined by the Natural Resources Conservation Service
are followed.
[Ord. No. 2015-03, 6/3/2015]
1.
Critical environmental areas (CEA) may be included as part of an
existing or subdivided building lot in minor subdivisions provided
area and dimensional requirements of the lot are calculated and fully
complied with without using the CEA in the calculation. Within a new
subdivision, no principal or accessory structure shall be constructed,
erected or placed within the CEA area of the lot. Any CEA located
within a major subdivision shall not be included as part of any lot
or lots and shall be managed by one of the following methods:
[Amended by Ord. No. 2016-03, 9/7/2016]
A.
In all cases the CEA will first be offered as a dedication to Shrewsbury
Township. However, the Township shall not be obligated to accept such
dedication.
B.
With permission of the Township and with appropriate deed restrictions
in favor of the Township and in language acceptable to the Township
Solicitor, the developer may transfer ownership of the common open
space, or a portion thereof, to a private, nonprofit organization
among whose purposes is the preservation of open space land and/or
natural resources. The organization shall be a bona fide conservation
organization with a perpetual existence, the conveyance must contain
appropriate provision for reverter or retransfer if the organization
is unable to carry out its functions, and the organization must enter
into a maintenance agreement with the Township.
C.
Alternatively, the developer may provide for and establish an automatic
membership property owner's association, as a nonprofit corporation
to have primary responsibility for the ownership, administration,
and maintenance of the CEA.
D.
All CEAs shall be maintained or be subject to protective covenants
which shall be submitted, approved, and recorded as part of the approval
of a subdivision or land development plan.
E.
All boundaries of CEAs shall be delineated with concrete monuments.
F.
Permanent signs shall be placed every 100 feet along the outer boundaries
of CEAs to provide notification of a "No Disturbance" area.
2.
In the event the organization established to own and maintain the
CEA, or any successor organization, shall at any time fail to maintain
the CEA consistent with the purpose, function and condition in accordance
with this section, the Township shall perform the necessary maintenance
or correct such deficiencies at the owner's or organization's expense.
3.
The critical environmental areas shall not be regraded, filled or otherwise altered except in accordance with § 27-1308 herein, and without prior approval by Shrewsbury Township, and shall be protected from pollution or contamination. Critical environmental areas may be used for the infiltration of controlled release of stormwater and as a natural filter or trap for sediment and nutrients; except that all stormwater and sediment basins or structures must be located outside the CEA except for constructed wetlands.
4.
Land located within the critical environmental area shall be maintained
in forest cover at all times except that habitats of rare or endangered
species, or other unique habitats including wetlands, may be exempted
from this provision in order to protect or maintain these areas. (See
the Subdivision and Land Development Ordinance.[1])
[Amended by Ord. No. 2020-01, 8/5/2020]
5.
Forestry activities, including logging, located within a critical
environmental area shall be subject to the following:
A.
No forestry activities shall take place within 15 feet of the outer
bank of a watercourse, spring or seep.
B.
Forestry activities located between 15 and 100 feet of a watercourse,
spring or seep shall be regulated as follows:
(1)
The basal area of trees shall not be reduced below 50% of the
basal area present before cutting or below 65 square feet per acre,
whichever is higher, except that no logging shall occur within 15
feet of a watercourse, spring or seep.
(2)
Trees to be cut shall be marked above and below stump height
with tree marking paint prior to start of logging.
[Ord. No. 2015-03, 6/3/2015;
amended by Ord. No. 2016-03, 9/7/2016; Ord. No. 2020-01, 8/5/2020]
Necessary public work-related projects initiated by local, state
or federal governments or municipal or PUC regulated utilities, such
as floodplain restoration, stream bank stabilization, aquatic habitat
improvements, road crossings, bridges, culverts, utilities, impoundments
and nonmotorized trails, and best management practices (BMPs) are
permitted. Road crossings shall be perpendicular to the stream or
buffer.
[Ord. No. 2015-03, 6/3/2015;
as amended by Ord. No. 2016-03,
9/7/2016; and by Ord. No. 2018-06, 12/5/2018]
1.
All structures and uses existing in any critical environmental areas
prior to the date of adoption of this chapter but which are not in
compliance with the provisions of this chapter may remain.
2.
Existing principal residential structures, as of August 2010, may
be expanded in accordance with the following table provided such expansion
does not involve a greater encroachment into any critical environmental
areas than did the original principal residential structure:
|
Total Size of Existing Footprint
(square feet)
|
Maximum Total Footprint After Expansion
(square feet)
|
|---|---|
|
2,400 or less
|
2,400
|
|
2,401 or greater
|
Expansion prohibited
|
3.
Existing principal nonresidential structures and uses, as of August
2010, may be expanded up to 50% of the total footprint at that time
provided such expansion does not involve a greater encroachment into
any critical environmental areas than did the original principal nonresidential
structure or use. Any building located within a floodplain must follow
the regulations within the Township's Floodplain Ordinance[1] for any proposed expansion.
[Ord. No. 2015-03, 6/3/2015]
1.
Rare and endangered plant and animal species must be preserved and
protected from indiscriminate development by using development review
procedures intended to conserve habitats in which these species occur.
Therefore, Shrewsbury Township requires an environmental impact assessment
prior to any subdivision or land development approval that will identify
potential adverse impacts as well as opportunities and mitigating
measures intended to protect these areas.
2.
The Pennsylvania Natural Diversity Inventory (PNDI), as of 1996,
identifies one site within Shrewsbury Township — Deer Creek
Woods — as a significant natural habitat. In addition, two other
areas in the Township — Seitzland Marsh and Shaffers Hollow
— are identified as locally significant sites, defined as sites
that do not have exemplary natural communities or known occurrences
of rare species, but that could be excellent sites for county or Township
parks or as natural areas within existing parks. The Township's critical
environmental areas include the areas of the Township that are protected
by special regulations.
[Ord. No. 2015-03, 6/3/2015]
1.
The protection of the public or municipal wells or springs serving
New Freedom Borough, Shrewsbury Borough and Shrewsbury Township and
the groundwater which supply these public water supply sources is
necessary in order to ensure a potable water supply.
2.
To achieve this goal, a Wellhead Protection Ordinance (WPO) has been
enacted and is included in the Codification of the Ordinances of Shrewsbury
Township and applies to all Shrewsbury Borough wells located within
Shrewsbury Township. Also applies to development in the Township that
impacts the WPO within Shrewsbury Borough.
3.
In addition, in regard to New Freedom municipal wells located within
Shrewsbury Township, the following uses shall not be permitted within
a well's wellhead protection zones I, II, or III, as defined within
the Wellhead Protection Ordinance (WPO):
[Amended by Ord. No. 2020-01, 8/5/2020]
A.
Groundwater discharge, including BMPs.
B.
Application of animal waste (manure) or sewage sludge or other materials
possessing pollutants.
C.
Septic systems.
D.
Commercial, institutional or manufacturing uses other than agricultural.
E.
Utilities, excluding private wells.
F.
Stormwater management related uses or facilities.
