Pennsburg City Zoning Code
ARTICLE XXI
Riparian Corridor Conservation District
§ 110-2100 Declaration of legislative intent.
In expansion of the declaration of legislative intent and statement of community development objectives contained in Article I of this chapter, and in support of the Pennsburg Borough Parks, Recreation, and Open Space Plan, it is the intent of this district to provide reasonable controls governing the restoration, conservation, disturbance, and management of existing riparian corridors by establishing designated Riparian Corridor Conservation Districts ("districts"). In addition, the specific purposes and intent of this article are to:
A.
Reduce the amount of nutrients, sediment, organic matter, pesticides, and other harmful substances that reach watercourses, wetlands, and subsurface and surface water bodies by using a scientifically proven process including filtration, deposition, absorption, adsorption, 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.
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.
D.
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, P.O.), Title 25, and any subsequent amendments thereto, as administered by the Pennsylvania Department of Environmental Protection and the Montgomery County Conservation District.
E.
Conserve the natural features important to land or water resources (e.g., headwater areas, groundwater recharge zones, floodway, floodplain, springs, streams, wetlands, woodlands, prime wildlife habitats) and other features constituting high recreational value or containing amenities that exist on developed and undeveloped land.
F.
Work with floodplain, steep slope, and other ordinances that regulate environmentally sensitive areas to minimize hazards to life, property, and riparian features.
G.
Conserve natural, scenic, and recreation areas within and adjacent to riparian areas for the community's benefit.
§ 110-2101 Definition, establishment, and width determination of the district.
A.
Definition. The Riparian Corridor Conservation District is defined as an overlay district consisting of:
(1)
Areas surrounding waterways 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 surface waters.
B.
Establishment.
(1)
The Riparian Corridor Conservation District applies to land adjacent to identified waterways. The following waterways shall be considered identified in the Borough of Pennsburg:
(a)
Waterways specifically identified by the Pennsburg Borough Council.
(b)
Perennial streams, as identified in the most recent Soil Survey of Montgomery County, as prepared by the Soil Conservation Service, United States Department of Agriculture.
(c)
Lakes and ponds.
(d)
Wetlands, as defined by regulation under 33 CFR 328.3(B) (definition of "waters of the United States," published in the Federal Register November 13, 1986), and any subsequent amendments thereto, including updated definitions and descriptions by federal, state, county, and local regulatory agencies with jurisdiction over wetlands.
(2)
The Riparian Corridor Conservation Overlay District shall extend a minimum of 75 feet from each defined edge of an identified waterway at bankfull flow or level, or shall equal the extent of the one-hundred-year floodplain, whichever is greater. The district will consist of two distinct zones designated as:
(a)
Zone One. This zone will begin at each edge of an identified waterway and occupy a margin of land with a minimum width of 25 feet measured horizontally on a line perpendicular to the edge of water at bankfull flow. The width of Zone One may be required to extend beyond the minimum 25 feet depending upon existing topography, woodlands, and other natural conditions. This determination will be made by the Borough Council or its appointed representative. In addition:
[1]
Where steep slopes (in excess of 25%) are located within 25 feet of an identified waterway, Zone One shall extend the entire distance of this sloped area. If the distance of the sloped area exceeds 75 feet, there will be no requirement for the establishment of Zone Two. If the distance is less than 75 feet, the width of Zone Two will be adjusted so that the total Riparian Corridor width (Zone One and Zone Two) will be 75 feet maximum, except as noted below in § 110-2101B(2)(b).
(b)
Zone Two. This zone will begin at the outer edge of Zone One and extend a minimum width of 50 feet in addition to Zone One, up to a maximum combined with (Zone One and Zone Two) of 75 feet, except:
[1]
Where the one-hundred-year floodplain extends greater than 75 feet from the waterway, Zone One shall remain a minimum of 25 feet wide, and Zone Two shall extend from the outer edge of Zone One to the outer edge of the one-hundred-year floodplain.
(3)
Zone determination. The developer, applicant, or designated representative shall be responsible for the initial width determination of the riparian corridor and identifying this area on any plan that is submitted to the Borough for subdivision, land development, or other improvements that require plan submissions or permits. This initial determination shall be subject to review and approval by the Municipal Engineer, Borough Council, or its appointed representative.
§ 110-2102 Uses permitted.
The following uses are permitted, either by right or as a conditional use, in the Riparian Corridor Conservation District. However, within any corridor, no construction, development, use, activity, or encroachment shall be permitted unless the activity will be mitigated by measures described in the corridor management plan required by § 110-2107A of this chapter.
A.
Zone One.
(1)
Uses permitted by right. Open space uses that are primarily passive in character shall be permitted to extend into the area defined as Zone One, including:
(a)
Wildlife sanctuaries, nature preserves, forest preserves, fishing areas, passive areas of public and private parklands, and reforestation in compliance with the guidelines of the corridor management plan.
(b)
Stream bank stabilization in compliance with the guidelines of the corridor management plan.
(2)
Uses permitted by conditional use:
(a)
Corridor crossings by recreational trails, roads, railroads, centralized sewer and/or water lines, public utility transmission lines, and farm vehicles and livestock with necessary fencing, provided that any disturbance is offset by corridor improvements identified in the corridor management plan.
(b)
Selection cutting of extremely high economic value trees when removal is consistent with approved standards in the corridor management plan.
B.
Zone Two.
(1)
Uses permitted by right. The following uses, which are primarily passive in character, shall be permitted by right to extend into the area defined as Zone Two:
(a)
Open space uses, including wildlife sanctuaries, nature preserves, forest preserves, passive areas of public and private parklands, and recreational trails conducted in compliance with Title 25, Chapter 102, of the Pennsylvania Administrative Code.
(b)
Reforestation in compliance with the guidelines of the corridor management plan.
(c)
Minimum required front, side, and rear yards on private lots, provided that no yard may extend into Zone Two more than half the distance between the outer boundaries of Zone One and Zone Two.
(d)
Agricultural uses existing at the time of adoption of this chapter, so long as they are conducted in compliance with methods prescribed by Title 25, Chapter 102, of the Pennsylvania Administrative Code.
(e)
Fencing.
(2)
Uses permitted by conditional use.:
(a)
New agricultural uses in compliance with methods prescribed by Title 25, Chapter 102.4(b), of the Pennsylvania Administrative Code.
(b)
Corridor crossings by roads, railroads, centralized sewer and/or water lines, public utility transmission lines, and farm vehicles and livestock with necessary fencing, provided that any disturbance is, at a minimum, offset by corridor improvements identified in the corridor management plan. Corridor crossings will be located as far from Zone One as practical and shall minimize the disturbance of Zone Two.
(c)
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 stormwater flow.
(d)
Stormwater basins may be installed within Zone Two, but the entire basin shall be located a minimum of 50 feet from the defined edge of identified waterways.
§ 110-2103 Uses specifically prohibited.
Any use or activity not authorized within § 110-2102 of this chapter shall be prohibited within the Riparian Corridor Conservation District. By way of example, the following activities and facilities are specifically prohibited:
A.
Buildings and any other type of permanent structure, except structures needed for a use identified in § 110-2102 of this chapter.
B.
Roads or driveways, except where permitted as corridor crossings in compliance with § 110-2102 of this chapter.
C.
Motor or wheeled vehicle traffic in any area not designed to adequately accommodate the vehicle type and volume.
D.
Parking lots.
E.
Clear cutting of trees and other vegetation.
F.
Selection cutting of trees and/or the clearing of vegetation, except where such cutting and/or clearing is necessary to prepare land for a use permitted in § 110-2102 of this chapter and where the effects of these actions are mitigated by revegetation in accordance with § 110-2107A(2) of this chapter.
G.
Removal of trees in excess of selection cutting, except where such removal is necessary as a means to eliminate dead, diseased, hazardous tree stands that jeopardize public safety or as part of a reforestation project, provided that the removal is in compliance with a corridor management plan approved by the Borough Council or its appointed representative.
H.
Removal or disturbance of vegetation in a manner that is inconsistent with erosion control and riparian corridor protection.
I.
Storage of any hazardous, toxic, or noxious materials.
J.
Use of fertilizers, pesticides, herbicides, and/or other chemicals in excess of prescribed industry standards or the recommendations of the Montgomery County Conservation District.
K.
Individual and community on-lot sewage systems.
L.
Sod farming.
§ 110-2104 Nonconforming structures and uses.
Nonconforming structures or uses within the Riparian Corridor Conservation District shall be regulated under the provisions of Article XVI herein. The following additional regulations also shall apply:
A.
Existing nonconforming structures or uses within Zone One or Two that are not permitted under § 110-2102 of this chapter may be continued but shall not have the existing building footprint or uses expanded or enlarged.
B.
Discontinued nonconforming uses may be resumed any time within one year from such discontinuance but not thereafter when showing clear indications of abandonment. No change or resumption shall be permitted that is more detrimental to the Riparian Corridor Conservation District, as measured against the intent and objectives under § 110-2101 of this chapter, than the existing or former nonconforming use.
C.
This one-year time frame shall not apply to agricultural uses which are following prescribed best management practices and crop rotation.
§ 110-2105 Boundary interpretation and appeals procedure.
A.
When a landowner or applicant disputes the boundaries of the Riparian Corridor Conservation District, Zone One boundary, Zone Two boundary, the defined edge of the waterway or the defined edge of the waterway determined by the location of the one-hundred-year floodplain, the landowner or applicant shall submit evidence to the Borough that describes the boundary, presents the landowner or applicant's proposed boundary, and presents all jurisdiction for the proposed boundary change.
B.
The Borough Council, in consultation with the Borough Engineer and/or Borough-appointed representative, shall evaluate all materials submitted. The Borough Council shall make a written determination within 45 days, a copy of which shall be submitted to the Borough Council, Borough Planning Commission, 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 XVIII of this chapter. The party contesting the location of the district boundary shall have the burden of proof in case of any such appeal.
§ 110-2106 Inspection of lands.
A.
Lands within or adjacent to a Riparian Corridor Conservation District may be inspected by a Borough representative when:
B.
The district may also be inspected periodically by a Borough 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 Borough officials.
§ 110-2107 Management of district.
A.
Corridor management plan. Within any riparian corridor area, no construction, development, use, activity, or encroachment shall be permitted unless a corridor management plan is submitted and approved by the Borough Council and the effects of such development are mitigated by the implementation of the corridor management plan. The corridor management plan shall meet the following requirements:
(1)
Plan contents.
(a)
The corridor management plan shall contain the following information:
[1]
Existing conditions, including the boundaries of Zones One and Two, steep slopes, swales, wetlands, streams, ponds, floodplains, woodlands, other vegetation, and existing structures. A written description of unusual or significant conditions should also be included.
[2]
Goals, including goals for the entire tract and long-range goals for the riparian corridor. All goals should be compatible with the purposes and intents listed in § 110-2100 of this article.
[3]
Proposed activities, including a scaled plan which shows all proposed activities in Zone One, Zone Two, and land adjacent to the corridor. The plan shall differentiate areas that will be disturbed from those that will be protected and preserved.
[4]
Proposed management, including a discussion of how the goals will be met given the proposed activities. The plan shall specify when the construction, planting, or other activities are to begin and end and shall address long- and short-term maintenance, mitigation, and improvement activities necessary for preservation of the corridor, including application of herbicides, removal of invasive plants, spacing and types of newly planted trees and shrubs, mowing schedules, farming practices, and other related functions.
(b)
The proposed management plan shall also comply with the management, mitigation, and restoration measures outlined below in § 110-2107A(2).
(2)
Management, mitigation, and restoration measures.
(a)
Management practices. The following management practices shall be integrated into the plan when practical:
[1]
Existing woody and other vegetation should be preserved to the greatest extent possible.
[2]
Fallen branches and other organic material should be allowed to remain where they have fallen.
[3]
Fencing should be used to keep livestock away from streams and waterways.
[4]
Corridor crossings should be done at a ninety-degree angle to the crossing.
[5]
An undisturbed vegetative strip should be kept between agricultural uses and stream corridors.
[6]
Agricultural uses shall follow accepted conservation practices, as promulgated by the Natural Resources Conservation Service, United States Department of Agriculture.
[7]
Waterway banks should be stabilized in accordance with applicable guidance issued by the Pennsylvania Department of Environmental Protection.
[8]
Degraded landscapes should be restored or converted to a more-effective landscape.
(b)
Mitigation measures. Permitted uses that involve disturbance of vegetation within the riparian corridor shall be mitigated by at least one of the following measures, with a total amount of mitigated area, measured horizontally, that is equal to or greater than the total amount of disturbed area, measured horizontally:
[1]
Increasing the width of the corridor. The width of the riparian corridor, measured from the defined edge of a waterway, is increased to at least 150 feet.
[2]
Converting to a more-effective landscape. The existing landscape is converted to a more-effective landscape. The following landscapes are listed in order of effectiveness, from most effective (woodland) to least effective (pasture):
Woodland | |
Meadow | |
Shrub | |
Old field | |
Lawn | |
Pasture |
[3]
Increasing the effectiveness of the corridor. In existing degraded wooded areas or proposed new wooded areas, the riparian corridor is planted with three distinct layers of vegetation: [a] canopy trees, such as oak, hickory, maple, gum, beech, sycamore, spruce, hemlock, pine, and fir; [b] shrubs that provide an understory, such elderberry, viburnum, azalea, rhododendron, holly, laurel, and alders; and [c] herbaceous plants that serve as ground cover, including ferns, sorrel, trillium, violet, Virginia creeper, nettle, phlox, aster and worts. All three layers shall be planted at a density sufficient to create a fully functioning, naturalized riparian corridor.
(c)
Restoration and conversion of landscapes.
[1]
Landscapes shall be restored by removing invasive vines, removing invasive trees, cleaning out trash, correcting soil erosion problems, planting appropriate plants, and properly maintaining all new plantings.
[2]
Landscapes shall be converted to a more-effective landscape by removing existing, incompatible vegetation, planting plants that are appropriate for the proposed landscape type and the site, and maintaining and protecting the plantings from invasive plants, deer, and other long-term problems.
B.
Vegetation selection.
(1)
To function properly, dominant vegetation in the corridor management plan shall be selected from the list of plants identified in § 96-40.1 of the Borough of Pennsburg Land Development and Subdivision Ordinance. Plants not included on the list of plants may be permitted upon approval of the Borough Engineer, Borough Council, or Borough Council appointed representative. Dominant vegetation shall be composed of native riparian trees, shrubs, and appropriate plants necessary for stream bank and soil stabilization.
(2)
The most desirable landscaping goal is to create a healthy woodlands in Zone One with multilayered vegetation (trees, shrubs, and ground cover) in Zone Two and a thick layer of ground cover (such as a healthy meadow) adjacent to Zone Two.
(3)
Diseased or damaged vegetation and invasive plant and tree species (including bush honeysuckle, grape, Japanese honeysuckle, multiflora rose, Norway maple, oriental bittersweet, porcelain berry, thistle) should be removed whenever possible. Areas of removed vegetation shall be promptly restored and replaced with appropriate riparian corridor plants.
(4)
The conversion of existing landscapes within the riparian corridor to more-desirable landscapes is encouraged. Lawns and pastures within the riparian corridor can be improved by landscaping with shrubs and adding vegetation consistent with a healthy meadow (native grasses, annual rye, oats, and native wildflowers). Conversion of lawns and pastures to meadow may be facilitated by reducing and eliminating mowing.
(5)
The Borough Engineer, Borough Council, or Borough Council appointed representative may grant permission to applicants and landowners to reduce and eliminate mowing within riparian corridors in order to promote the growth of more-desirable landscapes.