Cheltenham Township
City Zoning Code
City Zoning Code
ARTICLE XX
Riparian Corridor Conservation Overlay District
§ 295-2000 Legislative intent.
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.
§ 295-2001 Applicability.
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:
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.
§ 295-2002 Boundary definition and interpretation.
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.
§ 295-2003 Boundary adjustments.
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.
§ 295-2004 Uses permitted in the Riparian Corridor Conservation District.
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.
§ 295-2005 Uses specifically prohibited in the Riparian Corridor Conservation District.
§ 295-2006 Inspections of the Riparian Corridor Conservation District.
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.
§ 295-2007 Corridor crossing standards.
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.