Halfmoon Township City Zoning Code
ARTICLE IX
Riparian Buffer Overlay Zoning District
§ 255-37 Statement of intent.
A.
Halfmoon Township as of the adoption of this article does not grant public access to private property. Any grant of public access remains the prerogative of each individual property owner. This article shall apply to all subdivision plans, land development plans, redevelopment of existing properties, or any other improvements that require plan submission and/or zoning permits if they are within or abut an identified Riparian Buffer Overlay Zoning District.
B.
Any riparian buffer preservation and maintenance shall remain the sole responsibility of the property owner.
C.
The specific purposes and intent of this article are to:
(1)
Conserve the natural features important to land and water resources (e.g., headwater areas, groundwater recharge zones, floodways, floodplains, springs, streams, wetlands, woodlands, and prime wildlife habitats).
(2)
Work with floodplain, steep slope, and other municipal ordinances that regulate environmental sensitive areas to minimize hazards to life, property, and riparian features.
(3)
Conserve natural, scenic, and recreation areas within or adjacent to riparian areas.
(4)
Reduce the amount of nutrients, sediment, organic matter, pesticides, and other harmful substances that reach watercourses, wetlands, groundwater aquifers, and surface water bodies by using scientifically proven processes, including filtration, deposition, absorption, adsorption, plant uptake, denitrification, and stabilization. Further, to minimize concentrated flows through the use of level spreaders and/or similar stormwater management devices used to disburse concentrated flow uniformly over the ground as sheet flow.
(5)
Improve and maintain the safety, reliability, and adequacy of the Centre Region's water supply for domestic, agricultural, commercial, industrial, and recreational uses, and sustain diverse populations of aquatic plants and animals.
(6)
Regulate the land use, siting, and engineering of all developments to be consistent with the intent and objectives of this chapter and accepted conservations practices, as well assure that the results of such uses remain within the carrying capacity of existing natural resources.
(7)
Assist in the implementation of pertinent state laws concerning erosion and sediment control practices, specifically erosion control, of the Pennsylvania Clean Streams Law, P.L. 1987, Act 394 of 1937, as amended (35 P.S. § 691.1 et seq.), and any subsequent amendments thereto, as administered by the Pennsylvania Department of Environmental Protection (See 25 Pa. Code Chapter 102) and the Centre County Conservation District.
§ 255-38 Chesapeake Bay tributary strategy, goals, and objectives.
A.
In order for Pennsylvania to meet the goals of the Chesapeake Bay tributary strategy, communities located within this drainage area will need to implement best management practices (BMPs) to address point and nonpoint pollution sources; riparian buffers are one of the BMPs that will help the Centre Region meet these goals;
B.
The Centre Region is fortunate to contain high-quality waterways which make significant contributions to our environment and quality of life; and
C.
Recent events have stressed the importance of local efforts to maintain and protect the Centre Region's waterways; and
D.
The Pennsylvania Department of Environmental Protection is moving forward with the implementation of the Chesapeake Bay tributary strategy which established aggressive goals for reductions in the amount of sediments and nutrients such as nitrogen and phosphorus;
E.
Our local streams contribute to the Susquehanna River drainage area and ultimately the Chesapeake Bay; and
F.
The potential exists for the Pennsylvania Department of Environmental Protection to establish maximum daily load regulations in order to prevent further increased sediment and nutrient loading to our waterways; and
G.
If local measures such as riparian buffers areas are not evaluated and implemented to reduce loadings to our streams, the community's environmental well-being could be permanently threatened; and
H.
Halfmoon Township is located at the top of the watershed and since there are no upstream communities discharging nutrients and sediments to our local waterways, the protection and preservation of water resources rests on Halfmoon Township; and
I.
These point to the need for a more coordinated effect at the local municipal level to protect our streams and waterways; and
J.
The Centre Region municipalities have evaluated and taken the opportunity to pursue the following riparian buffer measures that will help to ensure the future health of our valuable water resources. The implementation of a regional riparian buffer program is an important step in cooperative water management efforts.
§ 255-39 Establishment; width determination; applicability; interpretation.
A.
Riparian Buffer Overlay Zoning District establishment. The establishment of a Riparian Buffer Overlay Zoning District applies to the following areas which shall be identified on the Municipal Official Zoning Map and, if applicable, the Halfmoon Township Official Map:
(1)
Lands adjacent to designated streams within Halfmoon Township.
(2)
Lands adjacent to designated intermittent watercourses within Halfmoon Township.
(3)
Lands at the margins of municipal, state, or federally designated lakes and wetlands or those encountered during the process of subdivision and land development.
B.
Width determination. The measurement of the Riparian Buffer Overlay Zoning District shall extend a minimum total width of 50 feet from each defined upper edge of an identified intermittent, perennial, or surface water body at the top of bank, or shall equal the extent of the 100-year floodplain, whichever is greater.
(1)
The overlay district will consist of one distinct zone designated as:
(a)
Riparian Buffer Zone. This zone will begin at the edge of an identified waterway (which shall include wetlands and intermittent watercourses) and occupy a margin of land with a minimum width of 50 feet measured horizontally on a line perpendicular to the edge of water at bank full flow. The width of Zone One may be required to extend beyond the minimum 50 feet depending upon existing topography, woodlands, or other natural conditions. This determination will be made by the Zoning Officer with assistance from the Township Engineer.
(2)
Isolated wetlands and water bodies. Wetlands and water bodies not located along a stream, where the wetland or water body is greater than 5,000 square feet in area, shall have a minimum buffer width of 50 feet from the outer edge of the wetland or water body around the entire perimeter.
C.
Applicability. The provisions of this article shall apply as follows:
(1)
The developer/applicant shall be responsible for the initial determination of the riparian buffer and identifying this area on any plan that is submitted to Halfmoon Township for the following:
(2)
No new structures are permitted to be built within the Riparian Buffer Overlay Zone of Halfmoon Township.
(3)
The initial determination of the developer/applicant shall be subject to review and approval by the Zoning Officer.
(4)
These requirements should not apply to the footprints of all existing primary or accessory uses, including but not limited to all agricultural uses and research related thereto, buildings, transportation facilities, fences, lawns, gardens, utility lines, roads, driveways, sidewalks, bikeways, decks, piers, water service, septic and sewage facilities and their related appurtenances (well houses, utility pumps and lift stations, manholes, etc.).
D.
Interpretation of provisions. In interpreting the language of the Riparian Buffer Overlay District and the extent of underlying zoning district regulations upon use of property, where doubt exists between regulations, the stricter regulation shall govern. Any challenges to any municipal interpretation shall be appealed in accordance with the requirements outlined in § 255-44, Boundary interpretation and appeals procedure, and Article XVII, Zoning Hearing Board, and other administrative proceedings of the Municipalities Planning Code (MPC), Act 247, 53 P.S. § 10101 et seq., as amended.
§ 255-40 Uses permitted.
The following uses are permitted, either by right or as a conditional use, in the Riparian Buffer Overlay Zoning District. In addition, all uses permitted within the Riparian Buffer Overlay Zoning District must also be permitted, whether by right or through conditional use, within the underlying zoning district. However, within any riparian buffer, no construction, development, use, activity, or encroachment shall be permitted unless the activity is authorized by Halfmoon Township.
A.
Riparian Buffer Zone.
(1)
Uses permitted by right. Uses that are primarily passive in character shall be permitted to extend in the area defined as the Riparian Buffer Zone, including:
(a)
Agricultural uses.
(b)
Forestry uses with a Centre County Conservation District approved erosion and sedimentation control plan and in accordance with the best management practices for forestry found in the Pennsylvania Department of Environmental Protection's Chapter 93 water quality standards.
(c)
Removal of trees where such removal is necessary as a means to eliminate dead, diseased, or hazardous stands of trees that jeopardize public safety, provided that such removal is compliance with the recommendations of § 255-42 and in Appendix C, Riparian Buffer Management,[1] and in accordance with the best management practices for forestry found in Chapter 93 of the Pennsylvania Department of Environmental Protection's water quality standards.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(d)
Required yards. All of the required front, side, or rear yards on any private lots may be permitted to be within the Township-designated Riparian Buffer Overlay District.
(e)
Wildlife sanctuaries, nature preserves, forest preserves, fishing areas, passive areas of public and private parklands, native planting, and reforestation in compliance with the recommendations of § 255-42 and Appendix C, Riparian Buffer Management.
(f)
Stream bank stabilization and/or recommended native tree reforestation, in compliance with the recommendations of § 255-42 and Appendix C, Riparian Buffer Management.
(g)
Stream crossings for farm vehicles and/or livestock if part of a federal, state or privately funded Centre County Conservation District and/or local nonprofit riparian buffer improvement project.
(h)
Research and monitoring devices, such as staff gages, water recording, water quality testing, cross vanes, weirs and related demonstration facilities.
(2)
Uses permitted by conditional use:
(a)
New stream crossings for roads, railroads, centralized sewer and/or water lines, and public utility transmission lines and/or their related appurtenances (e.g., towers, well houses, pump and lift stations), provided that they: designed and installed in accordance with the stream crossing standards of § 255-42.
§ 255-41 Management.
A.
Riparian buffer management. No development activities shall be permitted within the Riparian Buffer Overlay Zoning District unless specifically permitted with § 255-40 of the chapter or as follows:
(1)
Subdivision and land development. Within any identified Riparian Buffer Overlay Zoning District, subdivision, land development, and redevelopment shall only be permitted when the impacts of such actions are mitigated at a 1:1 square foot replacement ratio. Any disturbance shall follow the guidelines for improvements identified in this section, Appendix C, Riparian Buffer Management,[1] and are to be graphically represented along with any required buffers on any formal subdivision or land development plan submission(s).
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2)
Zoning and building permits. For any other improvements that require a zoning and/or building permit for activities within the Riparian Buffer Overlay Zoning District, riparian buffer replacement or restoration is recommended to be mitigated at 1:1 square foot replacement ratio for any disturbance and shall follow the guidelines for restoration improvements identified in this section and Appendix C, Riparian Buffer Management.
(3)
Any riparian buffer replacement or restoration should be evaluated for the effects of any proposed uses on the Riparian Buffer Overlay Zoning District. Any mitigation should identify the existing conditions (vegetation, floodplain, wetlands, soils, slopes, etc.), all proposed activities, and, if applicable, any proposed management techniques, including any measures necessary to offset disturbances to land within the Riparian Buffer Overlay Zoning District.
B.
Vegetation selection.
(1)
To function properly, dominant native vegetation in the riparian buffer should be selected from the list of native plants most suited to riparian areas as outlined in Appendix D, Selective Native Riparian Buffer Plantings List, Morris Arboretum of the University of Pennsylvania.[2] Plants not included on this list may also be permitted by the Zoning Officer with assistance of the Township Engineer. The Township may also require planting species suitability to be verified by local qualified experts at the U.S. Fish and Wildlife Service, the Natural Resource Conservation Service, the Centre County Conservation District, the Pennsylvania State Cooperative Extension, ClearWater Conservancy, or other state and federal forest agencies.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2)
As part of riparian buffer restoration, all plants listed as noxious by the USDA shall be removed. Property owners and developers should ensure that invasive species are contained so as to not adversely impact any native species planted and protected as part of any required riparian buffer restoration. Refer to Appendixes D, E, and F.[3]
[3]
Editor's Note: Said appendixes are included as attachments to this chapter.
(4)
General recommendations for riparian buffer plantings. Canopy and understory trees should be two inches in caliper in width, diameter at 54 inches above the root collar, a minimum of eight feet tall at planting. Canopy trees should be planted a minimum of 20 feet to 25 feet on-center in staggered rows and understory trees should be planted a minimum of 15 feet on-center, also in staggered rows. Shrubs should be planted in between canopy and understory trees at a minimum distance of between three feet to five feet apart. Grasses, sedges, flowering plants, and ground covers should be planted one feet to three feet apart.
(5)
Areas that cannot be revegetated shall be restored in compliance with the Township Engineer's recommendations.
§ 255-42 Stream crossing standards.
A.
Criteria.
(1)
All stream crossings permitted under § 255-40A(1) and § 255-40A(2), permitted and conditional uses and/or associated with the optional use of Appendix G, Riparian Buffer Averaging Option, Example and Calculation,[1] shall comply with and incorporate, as required, the following minimum standards:
(a)
Any stream crossings requiring any activity in, under, and/or above any body of water should first consult the Pennsylvania Department of Environmental Protection's North-Central Regional Office, Watershed Management Permitting and Technical Services Section, at (570) 327-3636.
(b)
The width of any right-of-way should not be greater than the minimum right-of-way width required by Chapter 215, Subdivision and Land Development, of the Code of the Township of Halfmoon, unless additional right-of-way is offered for dedication.
(c)
Stream crossings should be designed to cross at direct right angles to minimize any disturbance.
(d)
Stream crossings should be separated by a minimum of 1,000 feet stream length on the same property.
(e)
Bridges and culverts constructed as part of any road intended to be dedicated to the Township must be designed in accordance with applicable federal and state bridge standards in place at the time of design. Prior to design, the developer must meet with the Township Engineer to establish the design criteria that must be followed. For private roads the bridge or culvert must be designed to carry the anticipated loading which must include emergency vehicles. Drawings and calculations sealed by a qualified professional must be submitted to the Township for review.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
§ 255-43 Nonconforming structures and uses.
All nonconforming structures and uses will continue to be permitted in accordance with nonconforming provision so noted in Article XII.
§ 255-44 Boundary interpretation and appeals procedure.
A.
When a landowner or applicant disputes the riparian buffer zone boundary or the defined edge of a watercourse, surface water body, or wetland, the landowner or applicant shall submit evidence to Halfmoon Township that describes the boundary, presents the landowner or applicant's proposed boundary, and presents all justification for the proposed boundary change.
B.
The Zoning Officer, with assistance of the Township Engineer, shall evaluate all material submitted and shall make a written determination within 45 days.
§ 255-45 Inspection.
B.
The Riparian Buffer Overlay Zoning District may also be inspected periodically by the Zoning Officer and/or Township Engineer for compliance with any required riparian buffer restoration in accordance with recommendations for improvement identified in § 255-41 and Appendix C, Riparian Buffer Management,[1] and when excessive or potentially problematic erosion, sedimentation, hazardous trees, or an unauthorized activity or structure is brought to the attention of the Township.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.