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Douglass Township City Zoning Code

ARTICLE XXII

Riparian Corridor Conservation District

§ 265-186 Legislative intent.

In expansion of the community development objectives contained in Article I of this chapter and in support of the goals and recommendations of the Douglass Township Comprehensive Plan, it is the intent of this article to provide reasonable controls governing the restoration, conservation, disturbance, and management of existing riparian corridors by establishing a designated Riparian Corridor Conservation (RCC) District. In addition, the specific purposes and intent of this article are to:
A. 
Improve surface water quality by reducing the amount of nutrients, sediment, organic matter, pesticides, and other harmful substances that reach wetlands and water bodies by using scientifically proven processes including filtration, deposition, absorption, 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 water bodies, as well as provide wildlife habitat, moderate water temperature in water bodies, 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 chapter, 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, Act 394, P.L. 1987, Chapter 102 of the Administrative Code (as amended October 10, 1980, Act 157), Title 25, and any subsequent amendments thereto, as administered by the Pennsylvania Department of Environmental Protection and the Montgomery County Conservation District.
F. 
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.
G. 
Work with floodplain and other ordinances 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 Douglass Township residents.
I. 
Conserve natural, scenic, and recreation areas within and adjacent to riparian areas for the community's benefit.

§ 265-187 Establishment and width determination.

A. 
Applicability.
(1) 
The Riparian Corridor Conservation District is an overlay district that applies to lands adjacent to streams, including any adjacent wetlands, and/or naturally occurring water bodies draining into the identified stream. The District does not apply to man-made water bodies.
(2) 
The RCC District regulations shall apply when:
(a) 
A plan is submitted for land development and/or the subdivision of land.
(b) 
A building permit application is submitted for construction of a new structure and/or an expansion of an existing structure within 100 feet of the bank of a mapped stream.
(3) 
Lots containing legal structures in existence at the time of adoption of this article shall not be subject to the requirements of this article unless and until they are the subject of either § 265-187A(2)(a) or (b).
(4) 
Any lands within 100 feet of a stream that are wholly separated from that stream by an existing public or private street shall be considered outside the RCC District and the regulations contained in this article shall not apply.
B. 
Boundary definition, zone determination, and interpretation. The Riparian Corridor Conservation District is an overlay district that applies to streams, wetlands, and water bodies, and the land adjacent to them, as specified in the following table:
Surface Water Feature
Minimum Corridor Width
Mapped streams as mapped on the adopted "Douglass Township Riparian Conservation District Map" (Attachment A, as amended), including any adjacent wetlands and/or water bodies draining into the identified stream
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 25 feet from the outer edge of Zone 1, measured perpendicular to the edge of Zone 1, or equal to the extent of the 100-year floodplain, or 25 feet beyond the outer edge of a wetland along the stream, whichever is greater (total minimum width of Zones 1 and 2 = 100 feet plus the width of the stream)
Unmapped streams; any perennial stream [NOTE: A "perennial stream" shall mean any waterway that has continuous flow in parts of its bed all year round.] located on a site survey prepared by a design professional licensed in the Commonwealth of Pennsylvania, including any adjacent wetlands and/or water bodies draining into the identified stream
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 25 feet from the outer edge of Zone 1, measured perpendicular to the edge of Zone 1, or equal to the extent of the 100-year floodplain, or 25 feet beyond the outer edge of a wetland along the stream, whichever is greater (total minimum width of Zones 1 and 2 = 100 feet plus the width of the stream)
C. 
Zone designation adjustments for steep slopes. If the extent of the steeply sloped area (>25% slope) is more than 50 feet, Zone 1 shall extend to the fifty-foot maximum corridor width and Zone 2 shall not be required. If the extent of the steeply sloped area is less than 50 feet, Zone 1 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 on one side of a stream will be 50 feet maximum.
D. 
Boundary adjustments. The boundaries of the Riparian Corridor Conservation District, 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 on each side of the stream bank.
(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. Zone 1 requirements shall apply as specified herein (10 feet buffer on each side of the stream for properties less than one acre; 25 feet buffer on each side of the stream for properties greater than one acre).
E. 
Identification and width determination. The applicant shall be responsible for the following:
(1) 
Identifying the streams, wetlands, and/or water bodies on and within 50 feet of 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 § 265-187A, 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.

§ 265-188 Uses permitted.

The following uses are permitted by right in the Riparian Corridor Conservation District in compliance with the requirements of this article.
A. 
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 § 265-193B are satisfied. The corridor crossing standards of § 265-194 should be considered during the design of the driveway.
(c) 
Driveways serving more than two single-family detached dwelling units, or roadways, recreational trails, railroads, and utilities, provided the mitigation requirements of § 265-193B and the corridor crossing design standards of § 265-194 are satisfied.
(4) 
Maintenance of the riparian corridor through the removal of invasive plants, trash, and solid waste, mitigation of soil erosion problems, and planting for the purpose of improving corridor vegetation.
B. 
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) 
Use B-1: Agricultural uses conducted in compliance with methods prescribed in the Department of Environmental Protection's Erosion and Sediment Pollution Control Manual, as amended.
(3) 
Corridor crossings:
(a) 
Agricultural crossings by farm vehicles and livestock.
(b) 
Driveways serving one- or two-family detached dwelling units, provided the mitigation requirements of § 265-193B are satisfied. The corridor crossing standards of § 265-194 should be considered during design of the driveway.
(c) 
Driveways serving more than two single-family detached dwelling units, or roadways, recreational trails, railroads, and utilities, provided the mitigation requirements of § 265-193B and the corridor crossing design standards of § 265-194 are satisfied.
(4) 
Use A-1: Residential accessory structures having an area equal to or less than 225 square feet.
(5) 
Forestry operations approved by the Montgomery County Conservation District.
(6) 
Use F-5: Parkland, provided these uses are designed in a manner that will not permit concentrated flow of stormwater runoff.
(7) 
Centralized sewer and/or water lines and public utility transmission lines running along the corridor. When proposed as part of a subdivision or land development, the mitigation requirements of § 265-193B shall be satisfied. In all cases, these lines shall be located as far from Zone 1 as practical.
(8) 
No more than 1/2 the depth of any minimum required front, side, and or rear yards on private lots.
(9) 
Use A-5: Fences that allow water to pass through. Walls are not permitted.
(10) 
Maintenance of the riparian corridor through the removal of invasive plants, trash, and solid waste, mitigation of soil erosion problems, planting for the purpose of improving corridor vegetation, and lawn mowing.

§ 265-189 Uses specifically prohibited.

Any use or activity not authorized within § 265-188 shall be prohibited within the Riparian Corridor Conservation District and the following activities and facilities are specifically prohibited:
A. 
Clearing of existing vegetation, except where such clearing is necessary to prepare land for a use permitted under § 265-188, herein, and where the effects of these actions are mitigated by reestablishment of vegetation, as specified under § 265-193A.
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 stream crossings in compliance with § 265-188.
E. 
Motor or wheeled vehicle traffic in any area not designed to accommodate adequately the type and volume.
F. 
Parking lots.
G. 
Any type of permanent structure, except those needed for a use permitted in 265-188, herein.
H. 
Subsurface sewage disposal areas.
I. 
Stormwater basins, berms, and outfall facilities.
J. 
Sod farming.

§ 265-190 Nonconforming structures and uses.

Nonconforming structures and uses of land within the Riparian Corridor Conservation District shall be regulated under the provisions of Article XXVI, Nonconforming Uses, Structures, Lots and Signs, herein, except that the one-year time frame for discontinuance shall not apply to agricultural uses which are following prescribed best management practices for crop rotation.

§ 265-191 Boundary interpretation and appeals procedure.

A. 
When a landowner or applicant disputes the Zone (1 or 2) boundaries of the riparian corridor or the defined edge of a water body the landowner or applicant shall submit evidence to the Zoning Hearing Board that describes the boundary, presents the landowner or applicant's proposed boundary, and presents all justification for the proposed boundary change.
B. 
The Municipal Engineer and/or other advisors selected by the Board of Supervisors shall evaluate all material submitted and provide a written determination within 45 days to the Board of Supervisors, Planning Agency, 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 XXVII, Administrative Procedures. The party contesting the location of the district boundary shall have the burden of proof in case of any such appeal.

§ 265-192 Inspection of Riparian Corridor Conservation District.

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

§ 265-193 Management of district.

A. 
Riparian corridor planting. Reestablishment of forest cover and woodland habitat shall be required consistent with the requirements of § 230-53 of Chapter 230, Subdivision and Land Development.
B. 
Mitigation measures. Uses permitted in § 265-188 involving stream crossings within the riparian corridor 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 § 265-187A. Corridor area is the product of the corridor width required by § 265-187A and the total length for each applicable side of the stream or watercourse for which a riparian corridor is being established. 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.

§ 265-194 Stream crossing standards.

All stream crossings permitted under § 265-188A or B, herein, shall incorporate, as required, the following design standards.
A. 
The width of the right-of way should not be greater than the minimum right-of-way width required by Chapter 230, Subdivision and Land Development, of the Douglass Township Code.
B. 
Crossings should be designed to cross the riparian corridor at direct right angles in order to minimize disturbance of the corridor.
C. 
Crossings should be separated by a minimum of 1,000 feet of buffer length.
D. 
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.

§ 265-195 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.