Hatfield City Zoning Code
PART 23
RCC RIPARIAN CORRIDOR CONSERVATION OVERLAY DISTRICT
§ 27-2301 Purposes.
[Ord. No. 353, 6/19/1991; as added by Ord. No. 477, 10/21/2009, § I]
1.
In expansion of the Declaration of Legislative Intent and Statement of Community Development Objectives found in § 27-103 of this chapter, it is the intent of this Part to provide reasonable controls governing the conservation, management, disturbance, and restoration, of riparian corridors under authority of Article I, § 27, of the Pennsylvania Constitution, Act 247, the Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended, and other commonwealth and federal statutes, in conformance with the goals of the Hatfield Borough Comprehensive Plan, and the following objectives:
A.
Improve surface water quality by reducing the amount of nutrients, sediment, organic matter, pesticides, and other harmful substances that reach watercourses and wetlands, as well as subsurface and surface water bodies by using scientifically proven processes including filtration, deposition, absorption, plant uptake, and denitrification. Infiltration will be improved, sheet flow will be encouraged, and concentrated flows will be stabilized as outlined in the Pennsylvania Department of Environmental Protection's Best Management Practices Manual, dated December 30, 2006.
B.
Improve and maintain the safety, reliability, and adequacy of the water supply for domestic, 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 that additionally function to remove or buffer the effects of associated nutrients, sediment, organic matter, pesticides, or other pollutants prior to entry into surface waters. Also provide wildlife habitat, moderate water temperature in surface waters, attenuate flood flow, 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 and 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, 35 P.S. § 691.1 et seq., 25 Pa. Code Chapter 102, and any subsequent amendments thereto, as administered by the Pennsylvania Department of Environmental Protection and/or the Montgomery County Conservation District.
F.
Conserve 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 whether on developed or undeveloped land.
G.
Work with floodplain, steep slope, and other requirements 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 residents of Hatfield Borough.
I.
Conserve natural, scenic, and recreation areas within and/or adjacent to riparian areas for the community's benefit.
§ 27-2302 Definition, Establishment, and Width Determination of the District.
[Ord. No. 353, 6/19/1991; as added by Ord. No. 477, 10/21/2009, § I]
1.
Application. The Riparian Corridor Conservation District is an overlay district that applies to streams, wetlands, water bodies, and the land adjacent to them, as specified in the following table:
Surface Water Feature | Minimum Corridor Width | |
|---|---|---|
A. | Perennial Streams. All perennial streams identified in the Soil Survey19. (Perennial streams are shown as solid lines on the Soil Survey maps.) | Zone 1: Minimum width of 25 feet from each defined edge of the watercourse at bank full flow, measured perpendicular to the edge of the watercourse. Zone 2: Minimum width of 15 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,20 or 25 feet beyond the outer edge of a wetland along the stream or whichever is greater. (Total minimum width of Zones 1 & 2 = 80 feet plus the width of the stream.) |
B. | Intermittent Streams. Intermittent streams identified in the Soil Survey19 or any stream otherwise identified on the applicant's plan that have an up-stream drainage area of 75 acres or more.21 (Intermittent streams are shown as dotted and dashed lines on the Soil Survey maps.) | Zone 1: Minimum width of 25 feet from each defined edge of the watercourse at bank full flow, measured perpendicular to the edge of the watercourse. Zone 2: Minimum width of 15 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,20 or 25 feet beyond the outer edge of a wetland along the stream, or whichever is greater. (Total minimum width of Zones 1 & 2 = 80 feet plus the width of the stream.) |
C. | Other Streams. All other streams with an upstream drainage area of less than 75 acres,21 including intermittent streams identified in the Soil Survey.19 | Zone 1: Minimum width of 25 feet from the center line of the watercourse, measured perpendicular to the center line of the watercourse, or equal to the extent of the 100-year floodplain,20 or 25 feet beyond the outer edge of a wetland along the stream, whichever is greater. (Total minimum width of 50 feet). Zone 2: Does not apply. |
D. | Wetlands and Water bodies Wetlands not located along a stream and water bodies, where the wetland and/or water body is greater than 10,000 square feet in area. | Zone 1: Minimum width of 25 feet from the outer edge of the wetland or water body, measured perpendicular to the edge. For wetlands located at the edge of a water body, the measurement shall be made from the outer edge of the wetland. Zone 2: Does not apply. |
19 | Soil Survey shall mean the most recent edition of the Soil Survey of Montgomery County. http://websoilsurvey.nrcs.usda.gov/app/ or call 610-372-4655 to order a copy. |
20 | 100-year floodplain as identified on the Flood Insurance Rate Map (FIRM) prepared by FEMA, or as calculated by the applicant where FEMA data does not apply. |
21 | Upstream drainage area is measured from where the stream exits the applicant's site. |
2.
Zone Designation Adjustments for Steep Slopes. Where steep slopes in excess of 25% are located within 25 feet of a perennial or intermittent stream, as identified above, the area of steep slopes shall be designated as Zone One consistent with the following:
A.
If the extent of the steeply sloped area is more than 75 feet, Zone 1 designation shall extend to 25 feet or to the full extent of the steeply sloped area within the corridor. If Zone 1 extends greater than 25 feet, as may be required in Subsection 1.C, Zone 2 shall not be required except as may be required in Subsection 1A or B for floodplains.
B.
If the extent of the steeply sloped area is less than 100 feet, Zone 1 shall extend to the limit of the steeply sloped area, and the width of Zone Two shall be adjusted so that the total corridor width (Zone 1 plus Zone 2) will be that required in Subsection 1.A through C.
3.
Identification and Width Determination. An applicant for any zoning, subdivision, land development, grading, building permit or other permit related to building, land development or construction shall be responsible for the following in the submission to the Borough:
A.
Identifying the watercourses, bank full flow line, edge of waterway, wetlands, and/or water bodies on and/or abutting the applicant's site, and locating these features accurately on any plans for submission.
B.
Initial width determination of the riparian corridor(s) in compliance with Subsection 1, 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. The initial determination(s) shall be subject to review and approval by the Hatfield Borough Council, with the advice of the Hatfield Borough Engineer.
§ 27-2303 Uses Permitted in the Riparian Corridor Conservation District.
[Ord. No. 353, 6/19/1991; as added by Ord. No. 477, 10/21/2009, § I]
1.
The following uses are permitted by right in the Riparian Corridor Conservation District in compliance with the requirements of this Part:
A.
B.
Zone Two.
(1)
Open space uses including wildlife sanctuaries, nature preserves, forest preserves, passive areas of public and private parklands, recreational trails, and reforestation.
(2)
Agricultural uses conducted in compliance with methods prescribed in the Department of Environmental Protection's Erosion and Sediment Pollution Control Manual, March 2000, as amended.
(4)
Residential accessory structures having an area equal to or less than 700 square feet or a height equal to or less than 15 feet.
(5)
Forestry operations approved by the Montgomery County Conservation District.
(6)
Passive use areas such as camps, campgrounds, picnic areas, and golf courses. Active recreation areas such as ballfields, playgrounds, and courts provided these uses are designed in a manner that will not permit concentrated flow of stormwater runoff.
§ 27-2304 Uses Specifically Prohibited in the Riparian Corridor District.
[Ord. No. 353, 6/19/1991; as added by Ord. No. 477, 10/21/2009, § I]
1.
Any use or activity not authorized within § 27-2303, herein, shall be prohibited within the Riparian Corridor Conservation District and the following activities and facilities are specifically prohibited:
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 corridor crossings in compliance with § 27-2303, herein.
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, including fences, except structures needed for a use permitted in § 27-2303, herein.
H.
Subsurface sewage disposal areas.
I.
Sod farming.
J.
Stormwater basins, including necessary berms and unit facilities.
§ 27-2305 Nonconforming Structures and Uses.
[Ord. No. 353, 6/19/1991; as added by Ord. No. 477, 10/21/2009, § I]
Nonconforming structures and uses of land within the Riparian Corridor Conservation Overlay District shall be regulated under the provisions of Part 7, Nonconforming Status, herein.
§ 27-2306 Boundary Interpretation and Appeals Procedure.
[Ord. No. 353, 6/19/1991; as added by Ord. No. 477, 10/21/2009, § I]
1.
When an applicant disputes the Zone 1 and/or 2 boundaries of the Riparian Corridor or the defined edge of a watercourse, surface water body, or wetland, the applicant shall submit evidence to the Borough that shows the applicant's proposed boundary, and provides justification for the proposed boundary change.
2.
The Borough Engineer, and/or other advisors selected by Borough Council, shall evaluate all material submitted and provide a written determination within 45 days to the Council members, the Borough Planning Commission, and landowner or applicant.
3.
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 Part 6, Zoning Hearing Board, of this chapter. The applicant or party claiming to be aggrieved by the Borough's determination shall have the burden of proof in case of any such appeal.
§ 27-2307 Inspection of Riparian Corridor Conservation Overlay District.
[Ord. No. 353, 6/19/1991; as added by Ord. No. 477, 10/21/2009, § I]
1.
Lands within or adjacent to an identified Riparian Corridor Conservation Overlay District will be inspected by the Borough's Code Enforcement Officer when:
2.
The district may also be inspected periodically by the Code Enforcement Officer and/or other representatives designated by Council members 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 Borough officials.
§ 27-2308 Management of the Riparian Corridor Conservation Overlay District.
[Ord. No. 353, 6/19/1991; as added by Ord. No. 477, 10/21/2009, § I]
1.
Riparian Corridor Planting. Re-establishment of forest cover and woodland habitat shall be required consistent with the requirements of the municipal landscape regulations within the Borough's Subdivision and Land Development Ordinance (Chapter 22).
2.
Mitigation Measures.
A.
Uses permitted in § 27-2303 involving corridor crossings or other encroachment within the riparian corridor shall be mitigated by increasing the width of the corridor as replacement for the area lost due to the encroachment or disturbance, so that the total corridor area (land area within Zone 1 and Zone 2) for each applicable side of the stream or watercourse is equal to that required by § 27-2302, Subsection 1.
B.
Corridor area is the product of the corridor width required by § 27-2302, Subsection 1, 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 concentrated into where the impact is greatest to the stream or watercourse buffer. For streams and watercourses, the increased width shall be applied along the length of the stream in blocks of 1,000 feet in length or the full length of the corridor on the affected property, whichever is less.
§ 27-2309 Corridor Crossing Standards.
[Ord. No. 353, 6/19/1991; as added by Ord. No. 477, 10/21/2009, § I]
1.
All corridor crossings permitted under § 27-2303, Subsection 1.A and B, herein shall incorporate, as required, the following design standards:
A.
The width of the right-of-way shall not be greater than the minimum right-of-way width required by the Borough's Subdivision and Land Development Ordinance (Chapter 22).
B.
Crossings shall be designed to cross the riparian corridor at direct right angles to the greatest extent possible in order to minimize disturbance of the corridor.
C.
Corridor crossings shall be separated by a minimum of 1,000 feet of buffer length to the greatest extent possible.
D.
Bridges shall 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.
§ 27-2310 Use of Technical Terminology.
[Ord. No. 353, 6/19/1991; as added by Ord. No. 477, 10/21/2009, § I]
Technical terminology used in this Part 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.