This article shall be known and cited as the "Riparian Buffer Conservation Ordinance of the Township of Radnor (the "Township"), Delaware County, Pennsylvania."

This article is established in accordance with the Pennsylvania Constitution, Art. 1, Sec. 27 (the "Environmental Rights Amendment"), and Sections 301(b), 603(b)(5), 603(d), 604(1) and 605(2)(ii & vii) of the Municipalities Planning Code, 53 P.S. § 10101 et seq.

It is the purpose of this article to establish requirements for the establishment, maintenance, and preservation of riparian buffers, as defined herein,[1] to protect the streams and ponds within the Township, and to limit the surface areas of buildings and structures within these areas.

Buffers adjacent to stream systems and other water resources (riparian buffers) provide numerous environmental and resource management benefits, including restoring and maintaining chemical, physical and biological integrity of the water resources; removing pollutants from urban stormwater, reducing erosion and controlling sedimentation, stabilizing stream banks, providing a natural impediment to floods, contributing organic material that is a source of food and energy for the aquatic ecosystem, maintaining stream temperatures and therefore the aquatic ecosystems by providing tree canopy, providing riparian wildlife habitat, and furnishing scenic value and recreational opportunities. To achieve these ends, it is necessary that development within the Township take place in such a manner so as to limit the amount of buildings and structures within riparian buffer areas; owners whose properties include riparian buffers be educated as to desirable riparian buffer maintenance practices; and riparian buffers be established where such buffers do not presently exist.

This article is intended to modify the location of certain new development in relation to streams and ponds, but not to modify said development's overall density. The provisions herein shall provide for the location of any building or accessory structure located within the riparian buffer setback on any property in the Township; provided, however, that they shall not be applicable on properties on which streams are enclosed by man-made channels or are underground.

The following land disturbances shall be permitted without limitation when located within the riparian buffer setback:

This article shall not apply to any development or land disturbance occurring after its effective date or to a development or land disturbance that:

Any person, partnership or corporation who or that has violated or permitted the violation of the provisions of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500, in addition to all court costs, including reasonable attorney fees incurred by the Township as a resultthereof. No judgments shall commence or be imposed, levied or be payable until the date of determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there was a good-faith basis for the person, partnership or corporation violating this article to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination by the District Justice. Thereafter, each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of this article shall be paid to the Township.