Carroll Valley City Zoning Code
PART 11
RIPARIAN BUFFER OVERLAY RBO DISTRICT
§ 27-1101 Statement of Legislative Intent.
[Ord. No. 1-2022, 5/10/2022]
1.
It is hereby declared to be the intent of the RBO District to:
A.
Recognize the generally high levels of water quality in streams flowing into and through Carroll Valley Borough.
B.
Acknowledge that the protection of water quality is an important natural resources protection goal of the Southwest Adams Joint Comprehensive Plan.
C.
Establish a process by which individual property owners are encouraged to maintain existing riparian buffer areas along streams and to establish new riparian buffer areas along streams without such areas.
D.
Provide development based incentives to property owners who meet riparian buffer protection and restoration standards.
§ 27-1102 Regulations.
[Ord. No. 1-2022, 5/10/2022]
1.
Delineation. Riparian buffer areas shall be delineated in accordance with the following parameters:
A.
Location. Riparian Buffer Areas are hereby delineated along all streams, creeks, and rivers located either within Carroll Valley Borough or along a Carroll Valley Borough municipal boundary. Where a stream, creek, or river follows a Carroll Valley Borough municipal boundary, the standards of this Part 11 shall only be applied to that portion of the property located within Carroll Valley Borough.
B.
Extent of Riparian Buffer Area. The minimum width of the riparian buffer area shall be 75 feet from the defined edge of the stream at bank full flow.
C.
Riparian Buffer Map. The riparian buffer areas shall be shown upon the map attached to and made part of this chapter, which map is dated, and designated as the "Carroll Valley Borough Zoning Map - Riparian Buffer Areas." The said map and all notations, references, and other data shown therein are hereby incorporated into this chapter as if all were fully described herein. The Carroll Valley Borough Zoning Map - Riparian Buffer Overlay Map is included as Appendix C.[1]
[1]
Editor's Note: The Riparian Buffer Overlay Map is included as an attachment to this chapter.
2.
Management of Existing Riparian Buffers.
A.
Voluntary Management of Existing Riparian Buffer Areas. On property where a riparian buffer area exists, the property owner may voluntarily manage said riparian buffer area in accordance with the following standards:
(1)
Where forest vegetation exists within a riparian buffer area, such forest vegetation shall be maintained. Dead trees, diseased trees, or hazardous trees that jeopardize public safety may be removed.
(2)
Where forest vegetation does not exist within a riparian buffer area, the vegetation that does exist shall be maintained in its current condition or be managed to allow forest succession and regeneration to occur.
(4)
Stream crossings for farm vehicles, livestock, roads, railroads, central sewer and water lines, and similar types of crossings may be permitted provided that applicable stream crossing permitting from the Pennsylvania Department of Environmental Protection or similar agency is obtained.
(5)
Fishing access and passive recreation use of riparian buffer areas may be permitted.
B.
Incentive. When a property is proposed for development, or where a property is subject to an application for a change of land use that involves development of new structural features (for example, buildings, parking lots, stormwater management facilities, and similar features), the property owner may apply for the incentives defined in the underlying zoning district if documentation is provided confirming that existing riparian buffer areas are being maintained in accordance with the provisions of § 27-1102, Subsection 2A, above.
3.
Restoration of Riparian Buffer Areas.
A.
Voluntary Restoration of Forested Riparian Buffer Areas. On property where a riparian buffer area is delineated, but where a forested riparian buffer area does not exist, the property owner may voluntarily restore said riparian buffer area to a forested condition in accordance with the following standards:
(2)
Number of Trees Required. The number of trees to be planted shall be calculated by multiplying the riparian buffer area, minus the area devoted any existing structural development and expressed in acres, by 55 trees. Where the multiplication above yields a fractional portion of a tree, the calculation shall be rounded up.
(3)
Tree Credit. Where trees already exist within the riparian buffer area, such existing trees shall be credited to the total number of trees calculated in Subsection 3A(2) above.
(4)
Tree Species:
(a)
Tree species chosen for planting in the riparian buffer area shall be native to Pennsylvania and shall prefer wet growing conditions. Suitable trees include the following:
Common Name | Latin Name |
|---|---|
Red Maple | Acer Rubrum |
River Birch | Betula Nigra |
Black Gum | Nyssa Sylvatica |
Sycamore | Platamus Occidentalis |
Pin Oak | Quercus Palustris |
Sugar Maple | Acer Saccharum |
Silver Maple | Acer Saccharinum |
Black Willow | Salix Nigra |
American Beech | Fagus Grandifolia |
Smooth Alder | Alnus Serrulata |
(b)
Other tree species may be chosen provided the applicant documents that said other tree species are native to Pennsylvania and offer the same growing characteristics as those listed above.
(5)
Mix of Tree Species. A mixture of tree species shall be chosen to encourage a diverse buffer from an ecological perspective. Mixture of tree species shall comply with the following scale:
Acres of Riparian Buffer Area | Minimum Number of Tree Species |
|---|---|
0 to <1 | 2 |
1 to <2 | 3 |
2 to <3 | 4 |
3 to <5 | 5 |
5 to <10 | 6 |
10 or more | 7 |
(6)
Standards at Time of Planting. Riparian buffer areas shall be planted in accordance with the following standards:
(a)
Tree Spacing. Tree spacing within riparian buffer areas shall be a maximum of 40 feet.
(b)
Trees shall be planted as seedlings with a minimum height of 18 inches.
(c)
Trees shall be sheltered and staked to prevent damage from competing plants, and from animals and/or maintenance equipment. At a minimum, the tree shelter shall be comprised of a four-foot tree tube. The tree tube shall be retained until such time that the tree achieves a height that precludes deer browsing damage.
(7)
Replacement. Should any trees that have been planted to meet the riparian buffer area restoration requirements of this section die or become damaged (due to animals, mowing, or other impacts) within three years of said planting, such trees shall be replaced.
B.
Incentive. When a property is proposed for development, or where a property is subject to an application for a change of land use that involves development of new structural features (for example, buildings, parking lots, stormwater management facilities, and similar features), the property owner may apply for the incentives defined in the underlying zoning district if documentation is provided confirming that the riparian buffer areas is being restored to a forested condition in accordance with the provisions of § 27-1102, Subsection 3A, above.