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 denitrification, and by improving infiltration, encouraging sheet flow, and stabilizing concentrated flows.

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.

Preserve and protect areas that intercept surface water runoff 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 water bodies, as well as provide wildlife habitat, moderate water temperature in water bodies, and provide opportunities for passive recreation.

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.

Assist in the implementation of pertinent commonwealth 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.L.), Title 25, and any subsequent amendments thereto, as administered by the Pennsylvania Department of Environmental Protection and the Montgomery County Conservation District.

Conserve the 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 that exist on developed and undeveloped land.

Work with floodplain, steep slopes, and other ordinances that regulate environmentally sensitive areas to minimize hazards to life, property, and riparian features.

Recognize that natural features contribute to the welfare and quality of life of the Upper Moreland Township residents.

Conserve natural, scenic, and recreation areas within and adjacent to riparian areas for the community's benefit.

Protect property rights by ensuring that the requirements of the riparian corridor conservation district do not unduly burden owners of smaller properties.

A plan is submitted for land development and/or the subdivision of land.

A building permit application is submitted for construction of a new structure and/or an expansion of an existing structure within 100 feet of a mapped stream.

Zone 1. Minimum width of 25 feet from each defined edge of the stream at bankfull flow, measured perpendicular to the edge of the stream. The width of Zone 1 may be required to extend beyond the minimum 25 feet depending upon existing topography, woodlands and other natural conditions. The Township Engineer or his/her appointed representative will make this determination.

Zone 2. Minimum width of 75 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 (NOTE: 100-year floodplain shall be defined according to the criteria of Chapter 156, Floodplain Management.), or 25 feet beyond the outer edge of a wetland along the stream, whichever is greater.

All properties measuring less than one acre shall be permitted to reduce Zone 1 to 10 feet, and Zone 2 to an additional 25 feet, measured from the edge of Zone 1, for a total buffer width of 35 feet.

If any structure legally existing at the time of the passing of this article lies within 100 feet of the defined edge of a stream, in whole or in part, Zone 2 requirements shall not apply to that structure, but shall apply to the rest of the lot where an existing structure does not intervene. Zone 1 requirements shall apply as specified herein (10 feet for properties less than one acre; 25 feet for properties greater than one acre).

If any parking lot or driveway legally existing at the time of the passing of this article lies within 25 feet of the defined edge of a stream (and/or within Zone 1), and that parking area or driveway is proposed to be redeveloped or reconfigured as part of a land development application, the proposed paved area shall not encroach upon the stream buffer any more than the existing paved area already does. The proposed paved area shall be located a minimum of five feet away from the defined edge of the stream, even if the existing paved area is closer to the stream, and the remaining five (or more) feet shall be vegetated. This requirement only applies when the paved area is the subject of a land development application; this does not apply to regular maintenance such as repaving of an existing parking lot or driveway.

Uses permitted within both Zone 1 and Zone 2:

New/proposed accessory structures having an area equal to or less than 400 square feet and otherwise meeting the dimensional requirements of the underlying zoning district. New/proposed accessory structures shall not be located within Zone 1, except as allowed in § 350-138 herein, including, but not limited to, sheds, and garages.

Required yard areas proposed as part of a subdivision or land development shall be permitted in Zone 2 but shall not include any lands located in Zone 1.

Active recreation areas such as ball fields, playgrounds, golf courses, swimming pools, and sports courts, provided that these uses are designed in a manner that will not permit concentrated flow.

Centralized sewer and/or water lines and public utility transmission lines. When proposed as part of a subdivision or land development, the mitigation requirements of § 350-139 shall be satisfied. In all cases, utility lines shall be located at least 35 feet from Zone 1, or a minimum of 60 feet from the top of the stream bank, whichever is greater.

Selective cutting of extremely high economic value trees when the land will be reforested and removal is consistent with a long-term forest management plan prepared by a professional forester in accordance with the best management practices of the sustainable forestry initiative and the principles and criteria of the Forestry Stewardship Council, and in accordance with all other applicable municipal and state regulations.

Roads and driveways, except where permitted as corridor crossings in compliance with § 350-142.

Motor or wheeled vehicular traffic in any area except on a permitted corridor crossing.

Parking lots.

Clear-cutting of trees and other vegetation.

Storage of any hazardous or noxious materials.

Use of fertilizers, pesticides, herbicides and/or any other chemicals in excess of prescribed industry standards or the recommendations of the Montgomery County Conservation District.

Subsurface sewage disposal areas.

Stormwater detention basins.

The keeping or presence of fowl or poultry.

Sod farming.

A subdivision or land development plan is submitted for review and approval.

A building permit application is submitted for construction of a new structure and/or an expansion of an existing structure within 100 feet of a mapped stream.

The Riparian Corridor Conservation District may also be inspected periodically by Upper Moreland Township for compliance with an approved restoration plan, excessive or potentially excessive erosion, or at any time when the presence of an unauthorized activity or structure is brought to the attention of the Township officials.

The width of the proposed right-of-way shall not be greater than the minimum right-of-way width required by the Subdivision and Land Development Ordinance.[1]

Crossings shall be designed to cross the riparian corridor at direct right angles (+/-10°) in order to minimize disturbance of the corridor.

Any proposed crossing of the riparian corridor is at least 500 feet, as measured along the length of the corridor, from any other crossing of the riparian corridor. Shorter distances from existing crossings on abutting properties may be permitted with approval from the Board of Commissioners.

All crossings shall be capable of passing the 100-year flood event. 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 shall consist of slab, arch, or box culverts and not corrugated metal pipe. Culverts shall also be designed to retain the natural channel bottom to ensure the passage of water during low flow or dry weather periods.

Ground cover. Ground cover consisting of a 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 Department of Agriculture. This 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 the maintenance instructions stated on the plan.

Trees and shrubs. These planting layers include trees that form an overhead canopy and understory shrubs. Overstory trees are deciduous or evergreen trees that include oak, hickory, maple gum, beech, sycamore, hemlock, pine and fir. Evergreen and deciduous shrubs should consist of elderberry, viburnum, azalea, rhododendron, holly, laurel and alders. These plants shall be planted in an informal manner and at a rate of at least one overstory tree and three shrubs for every 20 linear feet of waterway.

Exceptions. These planting requirements shall not apply to existing farm fields located within the riparian buffer if farming operations are to be continued and the required nutrient management plan is met.