Montgomery City Zoning Code
§ 16-16.8
Provisions Governing Activities in Stream Corridors.
[Added 12-19-2024 by Ord. No. 24-1746]
a.
For any construction or development in a stream corridor, the applicant shall rehabilitate any degraded or disturbed areas of the stream corridor, unless the applicant demonstrates that it is not reasonably feasible to do so. The rehabilitated area shall be within or adjacent to the same tract and shall be at least equivalent in size to the permitted stream corridor reduction. If this is not possible on site, the applicant shall rehabilitate or expand a stream corridor of such size within a nearby tract within the same watershed, if available and subject to any acquisition of property rights.
b.
Rehabilitation shall include reforestation, stream bank stabilization and removal of debris. The applicant also shall:
1.
Rehabilitate or cure the effects of the disturbance caused during construction;
2.
Maintain the integrity of the surrounding habitat; and
3.
Maintain the existing ability of the stream corridor to buffer the stream.
4.
Where existing vegetation is sparse in critical areas which are to be preserved by conservation easements or conservation deed restrictions, additional plantings shall be required to promote stability to the floodplains, slopes, and to promote the wildlife habitat.
c.
The Township Engineer or applicable development board may require additional measures or impose reasonable conditions on the development to promote the public safety, health and welfare, to protect public and private property, wildlife and fisheries, and to preserve and enhance the natural environment of the stream corridor and may consult with other Township representatives for guidance. Such measures and conditions may include, but are not limited to, stormwater management measures, relocating the proposed structure to avoid tree disturbance, removal of existing, nonconforming structures within the stream corridor, and improvements to promote water quality.
d.
Conservation requirements. For the protection and enjoyment of natural features and critical areas, conservation easements or conservation deed restricted areas shall be provided and recorded by deed if required by a Board or the Floodplain Administrator.
1.
All critical areas shall be protected by conservation easements or conservation deed restrictions. Where the critical areas or areas to be conserved are wooded, the conservation easements or conservation deed restricted areas shall extend 20 feet beyond the closest tree in order to ensure that there will be no disturbance to the root structure of the tree(s).
2.
Prior to any clearing, grading or construction taking place on a site proposed for development, the easements or deed restricted areas shall be clearly marked in the field by a Professional Land Surveyor using four-inch concrete monuments to be permanently installed at the limits of the easements or deed restricted areas, including any changes in direction, subject to the inspection and approval by the Township Engineer. If the distance between monuments exceeds 250 feet, supplemental monuments or line markers shall be installed at intervals approved by the Township Engineer.
3.
The terms of easements and deed restrictions shall follow the form established by the Township and is subject to the Township Attorney's review and approval.
4.
Where existing vegetation is sparse in critical areas which are to be preserved by conservation easements or conservation deed restrictions, additional plantings shall be required to promote stability to the flood plains, slopes, and to promote the wildlife habitat.
e.
Certificates of Occupancy. No certificate of occupancy, temporary or unconditional, shall be issued unless all conditions of approval have been satisfied.