Solebury Township City Zoning Code
PART 22
NATURAL RESOURCE PROTECTION STANDARDS
§ 27-2201 Purpose.
[Ord. 94, 6/8/1988, § 1500; as amended by Ord. 194, 10/1/2002, § 1.5; and by Ord. 2005-3, 2/15/2005, § 01]
1.
The purpose of this part is to implement the mandates of the Pennsylvania Municipalities Planning Code under Article VI, 53 P.S. § 10601 et seq., and to implement the Township Comprehensive Plan. Specific purposes of this part are:
A.
Preservation of agricultural soils and farming areas.
B.
Preservation of hydrologic features for water quality, water quantity, flooding control.
C.
Protection from damage to the environment and preservation of ecosystems.
D.
Preserve and protect wetlands such that they continue to serve natural biological functions including food chain production and habitat for aquatic and land species; maintain natural drainage characteristics; serve as a storage area for storm and flood waters; and provide a ground water discharge and recharge area.
E.
Protection of views/scenic areas.
F.
Protection of woods and forests for wildlife, water quality, traditional landscape.
G.
Protection of special cultural/aesthetic resources of the Delaware River corridor.
H.
Providing open areas for residents to use and enjoy.
§ 27-2202 Applicability.
[Ord. 94, 6/8/1988, § 1501; as amended by Ord. 113, 1/16/1990, §§ 57, 58; by Ord. 153, 5/3/1994, § 1; by Ord. 186, 6/5/2001, § I.3, .4, .5; by Ord. 194, 10/1/2002, § 1.5; by Ord. 2005-3, 2/15/2005, § 01; by Ord. 2011-4, 5/3/2011, Art. XX; and by Ord. No. 2021-007, 10/19/2021]
1.
The following shall comply with the resource protection standards of this Part and such other resource protection standards that may be present in other portions of the Zoning Ordinance:
A.
Any use or activity established after the effective date of the Township's 1988 Zoning Ordinance and for which subdivision or land development approval is required under the Township's Subdivision and Land Development Ordinance [Chapter 22]; and
§ 27-2203 Applicability to Building Permits, Grading Permits, Stormwater Management Permits, Floodplain Permits and Subdivision and Land Development.
[Ord. 94, 6/8/1988, § 1502; as amended by Ord. 138, 5/26/1992, § 43; by Ord. 186, 6/5/2001, § I.6, .7, .8, .9; by Ord. 194, 10/1/2002, § 1.5; by Ord. 2005-3, 2/15/2005, § 01; by Ord. 2011-4, 5/3/2011, Art. XXI; by Ord. 2018-004, 3/6/2018; and by Ord. No. 2021-007, 10/19/2021]
1.
Applicability to Building Permits.
A.
Any development requiring a building permit, grading permit, stormwater management permit, or floodplain permit shall comply with resource protection standards listed in § 27-2206, Subsection 6, except for routine maintenance that does not alter, raze, reconstruct, or remove any structure. Information to be submitted shall be in accordance with § 27-2902, Requirement for a Zoning Permit, of this chapter.
2.
Site Layout Plan, Delineation Requirements.
A.
All uses or development must submit a site layout plan that delineates and identifies the natural resources on the site, including those protected by this Part. The plan shall, at a minimum:
(1)
Identify natural resources required to be protected under this chapter and, if applicable, Chapter 22;
(2)
Show how much of each resource is proposed to be encroached upon, disturbed, and/or removed;
(4)
Show the topography of the site using contour lines measured at vertical intervals of two feet. Actual field surveys or aerial surveys must be used as the source of contour information and for depicting slopes.
B.
In lieu of preparing the above-required site layout plan, applicants for subdivision and/or land development under Chapter 22 may submit an up-to-date ERSAP, documentation of the use of the four-step design process, and an up-to-date plan set that conforms to Chapter 22's requirements. Lot line adjustment applicants under Chapter 22 may submit an up-to-date ERSAP and up-to-date plan, along with any other voluntary documentation created for purposes of Chapter 22. The Township has the discretion to require additional drawings or plans as needed to determine compliance with this Part and the Zoning Ordinance as a whole.
§ 27-2204 Prohibition Against Resource Disturbance.
[Ord. 94, 6/8/1988, § 1503; as amended by Ord. 164, 4/1/1997, § I; by Ord. 194, 10/1/2002, § 1.5; by Ord. 2005-3, 2/15/2005, § 01; and by Ord. 2011-4, 5/3/2011, Arts. XXII, XXIII]
1.
Site alterations, grading, filling or clearing of vegetation prior to the issuance of zoning or building permits or receipt of a permit or final approval for a subdivision or land development from the Township shall be a violation of this chapter.
2.
Disturbing Resources Prior to Plan or Permit Approval. Any removal of trees, grading, or disturbance of protected resources initiated two years or less before the submission of plans for subdivision, land development, building, or zoning permits is presumed to be in anticipation of development. If an application for building, conditional use, subdivision, or land development is submitted for the property within two years of the date of tree removal, grading, or other disturbances occurred, the requirement for resource protection set forth in this chapter and in the Township Subdivision and Land Development Ordinance [Chapter 22] shall be applied to the property as it was prior to the disturbance. If tree removal has exceeded the limits set forth in Township ordinances, the applicant shall be required to replace trees removed. Replacement shall be in accordance with § 22-520, Subsection 1L, "Replacement Trees," of the Subdivision Ordinance [Chapter 22] and be installed and approved by the Township prior to issuance of a building permit by the Township.
Determination of actual caliper inches of trees removed shall be through site inspection, aerial photographs, or on the basis of a tree inventory submitted to and approved by the Township. If it is not possible to determine the caliper inches of trees removed, replacement trees shall be provided so that there shall be a minimum of 100 caliper inches (measured diameter at breast height) of trees per acre after planting as determined by the Township. |
3.
Trees within the right-of-way of a Township street shall not be removed without Township approval except within the clear sight triangle, or removal of invasive species, diseased trees, dead trees, or trees determined by the Township to be in poor health.
§ 27-2205 Natural Resource Standards.
[Ord. 94, 6/8/1988, § 1504; as amended by Ord. 186, 6/5/2001, § I.10; by Ord. 194, 10/1/2002, § 1.5; by Ord. 2005-3, 2/15/2005, § 01; by Ord. 2011-4, 5/3/2011, Arts. XXIV–XXVIII; by Ord. 2017-7, 8/15/2017; and by Ord. No. 2021-007, 10/19/2021]
1.
The following natural resource standards shall apply:
A.
Floodplain.
(1)
Areas within the floodplain of the base flood shall not be altered, graded, filled or built upon except in conformance with Part 21, "Floodplain Conservation District." The floodplain area shall be those areas subject to the base flood as identified in the Flood Insurance Study, dated May 18, 1999, and the accompanying maps prepared by the Federal Emergency Management Agency, or the most recent revision thereof.
(2)
For areas abutting streams and watercourses where the base flood elevation has not been delineated by a Flood Insurance Study, the applicant shall conduct a floodplain identification study. A study prepared by a registered engineer expert in the preparation of hydrologic and hydraulic studies shall be used to delineate the base flood elevation. The floodplain study shall be subject to the review and approval of the Township.
B.
Steep Slopes. Steep slopes must be protected from inappropriate development such as excessive grading, landform alteration and extensive vegetation removal to avoid potential hazards to property and the disruption of the ecological balance caused by increased runoff, flooding, soil erosion and the like.
(1)
Steep slopes (other than slopes that were clearly man-made as determined by the Township) consist of the following:
(2)
(Reserved)
(3)
The following standards shall apply, except where specifically modified by this chapter in accordance with the conditional use standards and procedures:
(a)
Class I (8 to 15%) Steep Slopes: no more than 40% of such areas shall be altered, graded, cleared or built upon.
(b)
Class II (> 15 to 25%) Steep Slopes: no more than 30% of such areas shall be altered, graded, cleared or built upon.
(c)
Class III (>25% or steeper) Steep Slopes: no alterations, grading, clearing, or building permitted. In addition, no building shall be placed within 50 feet of the boundary of any Class III Steep Slope area nor shall any grading occur within 25 feet of the boundary of any Class III Steep Slope area.
(d)
Protection of Class I and Class II slopes may be reduced by conditional use approval provided that other resources (such as vegetation or agricultural soils) are protected to a greater extent to compensate for the additional slope disturbance, in accordance with conditional use standards and procedures. Conditional use approval may grant only up to an additional 10% disturbance of Class I and II slopes beyond each slope class's respective protection standards.
C.
Vegetation. Disturbance of vegetation shall be in compliance with all applicable provisions of this chapter. The purpose of this chapter is to provide reasonable controls governing the disturbance of vegetation associated with all site alterations, grading, filling or clearing of vegetation and all subdivision and land development activities. The following standards shall apply to all vegetation disturbance.
(1)
No more than 20% of vegetation shall be disturbed. The Board of Supervisors, in their sole discretion, may grant conditional use approval to no more than 50% of vegetation to be disturbed, provided that the additional vegetation disturbance is offset by additional preservation of productive agricultural soils. All requirements of the Landscape Conservation and Improvement Plant shall be met.
(2)
All wooded areas which are required to be preserved shall remain in their natural condition with the natural forest understory and ground cover left intact.
(3)
Wildlife Habitat. Wooded areas and/or specimen trees providing habitat for threatened and/or endangered species shall not be disturbed and shall be contained within a tree protection zone.
(4)
Should any existing viable vegetation within the tree protection zone be irreparably damaged during construction or site preparation activities and, as a consequence thereof, die within two years of the conclusion of construction or site preparation activities, such trees shall be replaced in accordance with § 22-520, Subsection 1L, of the SALDO [Chapter 22], whether or not an application for subdivision or land development is required.
(5)
The removal or destruction of each viable tree within the tree protection zone is prohibited without approval from the Township or its appointed representative.
(6)
Tree Replacement. Compliance with the requirements of the tree replacement provisions of § 22-520, Subsection 1L, Landscape Conservation and Improvement Plans, of the Subdivision and Land Development Ordinance [Chapter 22] shall be required when a zoning permit is issued for a building, structure, or use affecting an area greater than 2,000 square feet.
D.
Streams, Watercourses, Waters of the Commonwealth, Lakes or Ponds. These areas include watercourses, streams or bodies of water and their floodways wholly or partly within or forming part of the boundary of this commonwealth and shall not be altered, graded, developed, filled, piped, diverted or built upon. In addition, the provisions of the Riparian Corridor Overlay District provided in § 27-2208 of this chapter shall apply.
E.
Wetlands.
(1)
Wetlands perform the following functions:
(a)
Serving natural biological functions, including food chain production; general habitat; and nesting, spawning, rearing and resting sites for aquatic, waterfowl or land species.
(b)
Providing areas for study of the environment or as sanctuaries or refuges.
(c)
Maintaining natural drainage characteristics, sedimentation patterns, salinity distribution, flushing characteristics, natural water filtration processes, current patterns or other environmental characteristics.
(d)
Shielding other areas from wave action, erosion or storm damage.
(e)
Serving as a natural storage area for storm and flood waters.
(f)
Providing a ground water discharge area that maintains minimum base flows.
(g)
Serving as a prime natural recharge area where surface water and groundwater are directly interconnected.
(h)
Preventing pollution by not only filtering and removing pollutants, but also by assimilating and recycling them.
(i)
Providing recreation.
(2)
Wetlands shall not be altered, graded, developed, filled, piped, diverted or built upon. All requirements of the Township Subdivision and Land Development Ordinance [Chapter 22] shall be met for wetland delineation.
(3)
Crossing of wetlands is permitted as a conditional use provided that the crossing is designed so that disturbance, filling, and grading are the minimum needed to span the wetlands areas.
(4)
The provisions of the Riparian Corridor Overlay District in § 27-2208 of this chapter shall apply in addition to the regulations set forth herein.
(5)
Requirements for Exceptional Value Wetlands and Other Wetlands. Exceptional value wetlands deserve special protection.
(a)
Exceptional value wetlands are those wetlands that meet one or more of the characteristics set forth in 25 Pa. Code § 105.17(1)(i) through (v).
(b)
Exceptional value wetlands are subject to the following regulations: No disturbance or encroachments are permitted. An assessment of potential wetland impacts shall be required for any development located within 300 feet of exceptional wetlands and 100 of other wetlands because of the interconnectiveness of the landscape, the dependence of wetland functioning on the nearby upland area and the substantial potential for disturbances in reasonable proximity of a wetland. Disturbance of any area within 300 feet of exceptional value wetlands shall be prohibited where such disturbance would have a substantial adverse impact on the quality of the wetlands (see 25 Pa. Code §§ 105.14(b) and 105.15 for determination of adverse impact). All wetlands, regardless of size or quality, are an important part of the water budget based planning.
(c)
All Other Wetlands. Disturbance of any area within 100 feet of other wetlands shall be prohibited where such disturbance would have a substantial adverse impact on the quality of the wetlands (see 25 Pa. Code § 105.14(b) and 105.15 for determination of adverse impact).
F.
Carbonate (Limestone) Geology Overlay District. In accordance with § 605(2)(iii) of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10605(2)(iii), this chapter and other applicable Township ordinances regulate and restrict uses in areas of hazardous geological formations, including limestone and carbonate areas. Those areas of the Township as identified as being within the limestone formation as identified in Conservation and Management Practices for Buckingham and Durham Carbonate Valleys, February, 1985 ("Carbonate Study") shall constitute the Carbonate (Limestone) Geology Overlay District ("Limestone Overlay District"). In addition, the Limestone Overlay District shall include all areas within 200 feet of the outer perimeter of the boundary of the limestone formation as depicted on the Carbonate Study. The Limestone Overlay District shall also include any area within the Township underlain by carbonate geology as determined by a qualified professional or by any reliable geological study in the possession of the Township.
(1)
Determination of Limestone Features. An applicant for any property within the Limestone Overlay District shall, at the time an application is made, provide Township with a study performed in accordance with a methodology approved by the Township which accurately identifies and maps sinkholes, closed depressions, ghost lakes, surface pinnacles, lineaments, fracture traces, disappearing streams, solution channels, underground drainage flow paths and other geologic features which may impact the use and development of the property. Electrical resistivity profiles, small diameter coring of rock or other equivalent methods, as appropriate, shall be utilized, in the discretion of the Township, to adequately map such features.
(2)
Additional Regulations Applicable to Limestone Geology Overlay District.
(b)
Impervious surface shall be limited to not more than 10% of the total site to be developed within the overlay district. Lots created shall have impervious surface ratio of not more than 10%, except that in districts where a more restrictive impervious surface ratio is in effect, the more restrictive requirement shall apply.
(c)
Best management practices designed for carbonate areas for the management of stormwater shall be used.
(d)
No use shall be permitted in the Limestone/Carbonate Overlay District that uses or handles any hazardous substances, including dry cleaners, automobile service stations, or any other use that uses potentially hazardous materials.
G.
Productive Agricultural Soils.
(1)
No more than 20% of productive agricultural soils located on a site (refer "agricultural soils, productive" in § 27-202, Definition of Terms) shall be altered, graded or built upon except in accordance with the provisions of this chapter. However, the Board of Supervisors may grant conditional use approval in accordance with the provisions of this chapter to permit an area greater than 20%, but no more than 50%, of productive agricultural soils to be disturbed if the applicant provides additional protection to other natural resources.
(2)
Protection of productive agricultural soils is not applicable on lots with an area of three acres or less existing as of May 3, 2011, and developed with a single-family dwelling.
(3)
Protection of productive agricultural soils is not required within the TNC, LI, VC, VC-1 or VR Zoning Districts on lots existing as of May 3, 2011.
§ 27-2206 Application of Natural Resource Protection Standards.
[Ord. 94, 6/8/1988; as added by Ord. 194, 10/1/2002, § 1.5; amended by Ord. 2005-2, 1/18/2005, § 01; by Ord. 2005-3, 2/15/2005, § 01; by Ord. 2011-4, 5/3/2011, Arts. XXIX, XXX; and by Ord. No. 2021-007, 10/19/2021]
1.
Natural resource protection standards shall be applied as follows:
2.
Setbacks from Natural Resources. Minimum building setbacks shall be measured from the limit of the below-specified protected natural resources rather than from the lot lines so that the required minimum yard is free from protected natural resources. Resources requiring these setbacks are: floodplains, wetlands, slopes of 25% or greater, ponds, and lakes. Where a conflict arises between provisions, the stricter provision shall control.
3.
All areas required to be protected under this Part and all land area required to be kept as open space or to otherwise be protected under the Township's ordinances shall be restricted from future development and/or subdivision, whether through deed restriction, easement, or other instrument that runs with the land in perpetuity and puts future landowners and occupants on notice of the restrictions and land to be protected. The document evidencing the restriction shall also state whether any conditional use approval was granted under § 27-2207, and the details of such approval, including the date of the approval and approval terms and conditions. Requests to amend or alter such restrictions by future landowners to disturb natural resources protected by this Part beyond that which is permitted in the restriction shall require conditional use approval from the Board of Supervisors under § 27-2207.
§ 27-2207 Conditional Use Criteria.
[Ord. 94, 6/8/1988; as added by Ord. 2005-3, 2/15/2005, § 01; amended by Ord. No. 2021-007, 10/19/2021]
1.
The Board of Supervisors of the Township may grant conditional use approval to permit disturbances of percentages of natural resources greater than those set forth in this Part, including when optimization of protection of the most highly valued natural resources on the site require deviations from the standards in this Part. The Board, in its sole discretion, shall consider conditional use approval applications applying the standards and procedures hereafter set forth. A single application shall be submitted for all natural resources proposed to be protected in a percentage less than that required under this Part.
A.
Application Procedure.
(1)
The applicant shall submit its Existing Resources and Site Analysis Plan ("ERSAP") prepared in accordance with the requirements of Chapter 22 of the Township's Code of Ordinances. If the applicant is not otherwise required to prepare an ERSAP that complies with Chapter 22, it shall prepare one to accompany its conditional use application.
B.
The Township Board of Supervisors, in its sole discretion, may grant conditional use approval to permit certain natural resources to be preserved in a percentage less than the by-right protection standard provided for in this Part when it determines, after applying the standards and procedures set forth below and in this Part, that a lesser percentage of protection is warranted and furthers the purposes of this Part and the Zoning Ordinance. In no event may the Board of Supervisors grant conditional use approval for less than the minimum percentage of protection specified in this Part.
(1)
General Standards. The Board of Supervisors shall consider the following factors in determining whether to permit the applicant to disturb one or more natural resources on the site to a greater degree than the by-right protection standards:
(a)
The best layout and design for the development of the site which, at the same time, protects the greatest percentage of valuable natural resources and most nearly achieves the goal of sustainability for the subdivision, land development, or other development, and the community surrounding the subdivision, land development, or other development.
(b)
The extent to which additional disturbance aids in the optimal protection of the natural resources of the Township from a holistic perspective, achieves the objectives of the Comprehensive Plan, assures the sustainability of the community of which the subdivision, land development or other development is a part, and achieves the purposes set forth under § 27-2201.
(2)
Standards Specific to Certain Natural Resources. The Board of Supervisors shall also consider and apply the following natural-resource-specific criteria in determining whether to approve a conditional use application under this section:
(a)
Vegetation and Woodland/Forested Area Disturbance.
1)
Groundwater and Surface Water Stabilization. The removal of wooded areas and/or specimen trees shall not adversely impact groundwater and surface water by altering the water table by removing vegetation that would otherwise provide a mechanism for water assimilation through the evapotranspiration process.
2)
Ecological Impact. The removal of wooded areas and/or specimen trees shall not adversely impact the existing biological and ecological systems, or the microclimatic conditions which directly affect these systems, including the effects of removal of a part of the woodland on the health of the remainder.
3)
Noise Pollution. The removal of wooded areas and/or specimen trees shall not significantly increase ambient noise levels by more than 10 dBA in accordance with the standards of § 27-2512 hereof.
4)
Air Movement. The removal of wooded areas and/or specimen trees shall not significantly reduce the ability of existing vegetation to reduce wind velocity to the degree that it would substantially impact the remainder of the woodland or would have a substantial impact on the heating efficiency of homes in the vicinity of the woodland.
5)
Wildlife Habitat. The removal of wooded areas and/or specimen trees shall not significantly reduce habitat for wildlife existence and reproduction or result in the emigration of wildlife from adjacent or associated ecosystems. Wooded areas and/or specimen trees providing habitat for threatened and/or endangered species shall not be disturbed and shall be contained in a tree protection zone.
6)
Scenic Impacts. The removal of wooded areas and/or specimen trees shall not have an adverse impact upon the scenic values of the property as identified in the ERSAP and site visit.
7)
The Board may not grant conditional use approval unless the applicant proposes greater protection to productive agricultural soils than the 80% protection standard (by-right protection standard) required under this Part.
8)
The Board shall consider the extent to which the proposed vegetation disturbance hinders and/or removes invasive plant species, and/or promotes growth and/or spread of invasive plant species. The Board may impose conditions to prevent the growth and/or spread of invasive plant species.
(b)
Steep Slope Protection.
1)
The effect protecting less than the standard percentage of steep slopes would have on adjacent properties, particularly when such slopes abut another lot or tract of land.
2)
The extent to which protection of less than the standard percentage of steep slopes would result in excessive grading, land form alteration and extensive vegetation removal.
3)
The extent to which the ecological balance may be disturbed by increased runoff, flooding, soil erosion and sedimentation, blasting and ripping of rock, landslide and soil failure.
4)
The extent to which steep slopes can be protected as open space and other uses which are compatible with preservation of natural resources and protection of areas of environmental concern.
5)
The Board may consider the extent to which the steep slope is man-made rather than natural and whether its disturbance will facilitate, in the opinion of the Board, the optimal design for the development of the property.
6)
The Board may not grant conditional use approval unless the applicant proposes greater protection to other natural resources, such as vegetation and productive agricultural soils, than the relevant by-right protection standards under this Part. The Board shall consider the extent to which the reduction of slope protection will adversely impact the natural resources sought to be protected to a greater extent. It shall also consider the extent to which the added natural resource protection mitigates or minimizes adverse impacts from reduction of slope protection. The Board may impose conditions accordingly.
(c)
Productive Agricultural Soils.
1)
The extent to which the property proposed to be developed is or can be actively farmed and the protected soils are in a location and configuration which would support an agricultural enterprise.
2)
The extent to which preserving the soils in the standard percentage would not result in a suitable site for farming.
3)
The extent to which the productive agricultural soils would be inappropriate for open space and other uses which are compatible with preservation of natural resources and protection of areas of environmental concern.
4)
The extent to which preserving less than the standard percentage of productive agricultural soils would have an adverse impact on the scenic values of the property and the area surrounding the property.
5)
The Board may not grant conditional use approval unless the applicant proposes greater protection to other natural resources, such as vegetation and steep slopes, than the relevant by-right protection standards under this Part.
§ 27-2208 Riparian Corridors.
[Ord. 94, 6/8/1988; as added by Ord. 2005-3, 2/15/2005, § 01; and amended by Ord. 2011-4, 5/3/2011, Arts. XXXI, XXXII]
1.
Objectives of Riparian Corridor Overlay District.
A.
To reduce the amount of nutrients, sediment, organic matter, pesticides, and other harmful substances that reach watercourses, wetlands, subsurface, and surface water bodies by using scientifically-proven processes including filtration, deposition, absorption, adsorption, plant uptake, and de-nitrification, and by improving infiltration, encouraging sheet flow, and stabilizing concentrated flows.
B.
To improve and maintain the safety, reliability, and adequacy of the water supply for domestic, agricultural, and recreational uses along with sustaining diverse populations of aquatic flora and fauna.
C.
To regulate the land use, siting, and engineering of all development to be consistent with the intent and objectives of this chapter, accepted conservation practices, and to work within the carrying capacity of existing natural resources.
D.
To assist in the implementation of pertinent state laws concerning erosion and sediment control practices, specifically Erosion Control, of the Pennsylvania Clean Streams Law, Act No. 394, P.L. 1987, 35 P.S. § 391.1 et seq., 25 Pa. Code, Chapter 102, and any subsequent amendments thereto, as administered by the Pennsylvania Department of Environmental Protection and the Bucks County Conservation District.
E.
To 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.
To work with floodplain, steep slope, and other regulations that regulate environmentally sensitive areas to minimize hazards to life, property, and riparian features.
G.
To conserve natural, scenic, and recreation areas within and adjacent to riparian areas for the community's benefit.
2.
Definition and Establishment of the Riparian Corridor Conservation District.
A.
Definition. The Riparian Corridor Conservation District is defined as an overlay district consisting of areas surrounding waterways that intercept surface water run-off, subsurface flow, and 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. It applies to land adjacent to identified waterways.
B.
The following are within the Riparian Corridor Overlay District:
(1)
Aquetong Creek and tributaries.
(2)
Pidcock Creek and tributaries.
(3)
Paunacussing Creek and tributaries.
(4)
Primrose Creek and its tributaries.
(5)
Cuttalossa Creek and its tributaries.
(6)
Streams identified by resolution of the Township Board of Supervisors.
(7)
Perennial streams.
[Amended by Ord. No. 2021-007, 10/19/2021]
(8)
Intermittent streams.
[Amended by Ord. No. 2021-007, 10/19/2021]
(9)
Lakes and ponds.
(10)
Delaware Division of the Pennsylvania Canal ("Delaware Canal").
(11)
Wetlands.
[Amended by Ord. No. 2021-007, 10/19/2021]
C.
Width Determination.
(1)
The Riparian Corridor Conservation Overlay District shall extend a minimum of 75 feet from each defined edge of an identified waterway, water body or wetland at bankfull flow or level, or shall equal the extent of the base flood elevation, whichever is greater.
[Amended by Ord. 2017-7, 8/15/2017]
(2)
For the Delaware Canal, the Overlay District shall extend a minimum of 150 feet from the center line of the canal or shall equal the extent of the base flood elevation, whichever is greater.
[Amended by Ord. 2017-7, 8/15/2017]
(3)
For exceptional value wetlands, the Overlay District shall extend up to 300 feet from the boundary of the exceptional value wetlands where it is determined that disturbance of such an area will have a substantial adverse impact on the quality of the wetlands.
[Amended by Ord. No. 2021-007, 10/19/2021]
(4)
In the case of other wetlands, the Overlay District shall extend up to 100 feet from the boundary of such wetlands where it is determined that disturbance of such wetlands will have a substantial adverse impact on the quality of the wetlands.
3.
Zones Within the Riparian Corridor Overlay. The district will consist of two distinct zones:
A.
Zone One.
(1)
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 based upon existing topography, woodlands, and other natural conditions. This determination will be made by the Township.
(2)
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 herein.
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 width (Zone One and Zone Two) of 75 feet; except where the base flood elevation 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 base flood elevation. For the Delaware Canal, Zone Two will begin at the outer edge of Zone One and extend to 150 feet from the center of the canal (except where the base flood elevation extends a greater distance, in which case the base flood elevation shall constitute the outer edge of Zone Two). For exceptional wetlands, Zone Two shall extend from the outer edge of Zone One for a distance up to 300 feet from the outer edge of the exceptional wetlands and those areas where disturbance of this area would have a substantial adverse impact on the quality of the wetlands. For other wetlands, Zone Two shall be extended from the outer edge of Zone One for a distance up to 100 feet from the edge of the wetlands where it is determined that disturbances in such areas may have a substantial adverse impact on the quality of the wetlands.
[Amended by Ord. 2017-7, 8/15/2017]
4.
Zone Determination. The applicant shall be responsible for the initial width determination of the riparian corridor and identifying this area on any plan that is submitted to the Township for subdivision, land development, or other improvements, activities and uses that require plan submissions or permits. This initial determination shall be subject to review and approval by the Township.
5.
Uses Permitted in the Riparian Corridor Conservation District.
A.
Zone One; Uses Permitted by Right. Open space uses shall be permitted in Zone One, including:
(1)
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.
(2)
Stream bank stabilization in compliance with the guidelines of the Corridor Management Plan.
(3)
Maintenance of the riparian corridor through the removal of invasive plants, removal of trash and solid waste, mitigation of soil erosion problems, and planting for the purpose of improving the riparian corridor vegetation.
B.
Zone One; Uses Permitted by Conditional Use.
(1)
Farm vehicles and livestock with necessary fencing, provided that any disturbance is offset by corridor improvements identified in the Corridor Management Plan.
(2)
Driveways, roads, railroads or utility crossings are permitted by conditional use if engineered for minimal impact and if shown that there is no feasible alternative. Projects that can be shown to result in no impact to the quality and volume of surface and groundwater flows or disrupt the hydrologic/hydrogeologic connection with adjacent stream or springs may also be permitted by conditional use.
C.
Zone Two; Uses Permitted by Right. The following uses shall be permitted in Zone Two:
(1)
Open space uses including: wildlife sanctuaries, nature preserves, forest preserves, passive areas of public and private parklands, and recreational trails.
(2)
Planting in compliance with the guidelines of the Corridor Management Plan.
(3)
Minimum required front, side, and rear yards on private lots, provided that there shall be minimum front and rear yards of not less than 40 feet each that is outside the Riparian Corridor Overlay District.
(4)
Agricultural uses, provided that there is a soil conservation plan and nutrient management plan in effect that comply with all applicable standards.
(5)
Fencing.
(6)
Removal of invasive plants, removal of trash and solid waste, mitigation of soil erosion problems, and planting for the purpose of improving the riparian corridor vegetation.
D.
Zone Two; Uses Permitted by Conditional Use.
(1)
New agricultural uses provided that there is a soil conservation plan and nutrient management plan in effect that comply with all applicable standards.
(2)
Corridor crossings by driveways, railroads, utility crossings, roads, farm vehicles and livestock with necessary fencing, provided that any disturbance is offset by corridor improvements identified in the Corridor Management Plan. [Ord. 2011-4]
(3)
Passive uses areas such as camps, campgrounds, picnic areas, golf courses. Active recreation areas such as ball fields, playgrounds, and courts provided these uses are designed in a manner that will not permit concentrated stormwater flow.
(4)
Naturalized 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 any identified watercourse and wetland and shall not be located within any identified floodplain.
(5)
Level spreaders or other similar stormwater structures used to disperse concentrated stormwater runoff uniformly over the ground surface as sheet flow. These devices shall be located a minimum of 50 feet from the defined upper edge of any identified watercourse and wetland and shall not be located within any identified floodplain.
E.
Uses Specifically Prohibited in the Riparian Corridor Conservation District. Any use or activity not authorized above shall be prohibited with the Riparian Corridor Conservation District. The following activities and facilities are specifically prohibited:
(1)
Buildings and any other type of permanent structure, except structures needed for a use specifically permitted pursuant to the provisions of the Riparian Corridor Conservation District.
(2)
Roads or driveways, except where permitted as corridor crossings in compliance with this chapter.
(3)
Motor or wheeled vehicle traffic in any area not designed to accommodate the vehicle type and volume.
(4)
Parking lots.
(5)
Clear cutting of trees and other vegetation.
(6)
Selection cutting of trees and/or the clearing of vegetation, except in accordance with the Forestry requirements of this chapter.
(7)
Removal of trees in excess of selection cutting, except where such removal is necessary as a means to eliminate dead, diseased, or 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 Township.
(8)
Removal or disturbance of vegetation in a manner that is inconsistent with erosion control and riparian corridor protection.
(9)
Storage of any hazardous, toxic, or noxious materials.
(10)
Use of fertilizers, pesticides, herbicides, and fungicides.
(11)
Individual and community on-lot sewage systems.
(12)
Sod farming.
6.
Management of the Riparian Corridor 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 Township Board of Supervisors 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)
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)
Proposed activities, including a scaled plan which shows all proposed activities in Zone 1, Zone 2, and land adjacent to the corridor. The plan shall differentiate areas that will be disturbed from those that will be protected and preserved.
(3)
Proposed management, including a discussion of how the purposes of this chapter 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, and improvement activities necessary for preservation of the corridor, removal of invasive plants, spacing and types of newly planted trees and shrubs, mowing schedules, farming practices, and other related functions.
B.
Management, Mitigation, and Restoration Measures. The proposed management plan shall also comply with the management and restoration measures outlined below. The following management practices shall be integrated into the plan.
(1)
Existing woody and other vegetation shall be preserved.
(2)
Fallen branches and other organic material shall be allowed to remain where they have fallen.
(3)
Fencing shall be used to keep livestock away from streams and waterways.
(4)
Corridor crossings shall be done at a 90° angle to the crossing.
(5)
An undisturbed vegetative strip shall be kept between agricultural uses and stream corridors.
(6)
Agricultural uses shall follow accepted conservation and nutrient management practices, as promulgated by the Natural Resources Conservation Service, United States Department of Agriculture, and other regulatory agencies.
C.
The management plan shall address the following restoration measures:
(1)
Stabilization of waterway banks in accordance with a plan approved by Township.
(2)
Restoration of degraded landscapes in accordance with a plan approved by the Township.
(3)
The restoration plan shall include the following in addressing the stabilization of waterway banks, degraded landscapes and degraded woodlands. Planting within the riparian corridor should be 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 as Elderberry, Viburnum, Azalea, Rhododendron, Holly, Laurel, and Elders; and (c) Herbaceous plants that serve as ground cover, including ferns, soil, 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. No invasive species may be proposed or planted.
[Amended by Ord. No. 2021-007, 10/19/2021]
D.
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.
(3)
Vegetation Selection.
(a)
Native or similar appropriate vegetation approved by the Township must be used in landscaping and replanting efforts. Three layers of vegetation are required when replanting the riparian corridor. The three layers include herbaceous plants that serve as ground cover, understory shrubs, and trees that form an overhead canopy. A revegetation plan shall be prepared by a qualified professional, such as a landscape architect or engineer and shall comply with the following minimum requirements. The re-vegetation plan shall be subject to Township approval.
(b)
Ground Cover. Ground cover consisting of native seed mix extending a minimum of 25 feet in width from the edge of the stream bank must be provided along the portion(s) of the stream corridor where little or no riparian vegetation exists. Appropriate ground cover includes native herbs and forbs exclusive of noxious weeds as defined by the Pennsylvania State Department of Agriculture. The twenty-five-foot wide planted area shall be designated on the plan as a "no mow zone" and shall be left as natural cover except in accordance with maintenance instructions stated on the plan.
(c)
Trees and Shrubs. These plants layers include trees that form an overhead canopy and understory shrubs. Overstory trees should be deciduous or evergreen trees that include Oak, Hickory, Maple, Gum, Beech, Sycamore, Hemlock, Pine and Fir. Permitted evergreen and deciduous herbs include elderberry, viburnum, azalea, rhododendron, holly, laurel and alders. Other tree and shrub species shall be subject to approval by the Township. Plantings shall be in an informal manner clustered within the riparian buffer. The plantings shall be provided at a rate of at least one overstory tree and three shrubs for every lineal foot of waterway and shall extend 25 feet in width from the edge of the waterway unless the Township approves a lesser distance because of topographic and other features.
(d)
In addition to the above, those areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions including swamps, marshes, bogs, and similar areas, including wetlands, shall also be subject to the provisions.
[Amended by Ord. No. 2021-007, 10/19/2021]
(e)
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.
§ 27-2209 Additional Regulations.
[Ord. 94, 6/8/1988; as added by Ord. 2005-3, 2/15/2005, § 01; amended by Ord. No. 2021-007, 10/19/2021]
Any area encompassed within the Delaware Wild and Scenic River designation, including, but not limited to, the Paunacussing Creek, shall comply with the standards and management plans pertaining thereto promulgated by the United States Department of the Interior and, where applicable, the provisions of Chapter 22, § 22-532.