Worcester Township City Zoning Code
ARTICLE XXB
Riparian Corridor Conservation District
§ 150-146.5 Legislative intent.
In expansion of the legislative intent contained in Article I, § 150-2, and the community development objectives contained in Article I, § 150-3, of this chapter and in support of the goals and recommendations of the Worcester Township Comprehensive Plan, it is the intent of this article to provide reasonable controls governing the restoration, conservation, disturbance and management of existing riparian corridors by establishing designated Riparian Corridor Conservation Districts ("district"). 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, 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.
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, 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,[1] 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.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
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 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.
§ 150-146.6 Establishment and width determination of district.
A.
Establishment.
(1)
The Riparian Corridor Conservation District applies to land adjacent to an identified waterway in Worcester Township. The following watercourses or water bodies shall be considered an identified waterway in Worcester Township:
(a)
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.
(b)
Streams which are bordered by the following alluvial soils, as identified in the most recent Soil Survey of Montgomery County, prepared by the Soil Conservation Service, United States Department of Agriculture:
Bm | Bermudian silt loam | |
Bo | Boundary alluvial soil | |
Bp | Bowmansville silt loam | |
Ch | Codorus silt loam | |
Ha | Hatboro silt loam | |
Rt | Rowland silt loam | |
Ru | Rowland silt loam, coal overwash |
(c)
Streams which are bordered by the following local alluvium soils, as identified in the most recent Soil Survey of Montgomery County, prepared by the Soil Conservation Service, United States Department of Agriculture, provided that the local alluvium soil is connected to an alluvial soil listed above in Subsection A(1)(b):
BrA | Bowmansville loam; local alluvium (0% to 3% slope) | |
BrB | Bowmansville loam; local alluvium (3% to 8% slope) | |
RwA | Rowland silt loam; local alluvium (0% to 3% slope) | |
RwB | Rowland silt loam; local alluvium (3% to 8% slope) |
(d)
Lakes and ponds which have a surface area of 10,000 square feet or more.
(2)
The Riparian Corridor Conservation Overlay District shall extend a minimum of 75 feet from the defined edge of an identified waterway at bankfull flow 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 shall begin at each edge of an identified waterway (which can include ponds and intermittent watercourses) and shall 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 Township Board of Supervisors or its appointed representative. In addition:
[1]
Where steep slopes (slopes of 25% or more) are located within 25 feet of an identified waterway, Zone One shall extend the entire distance of the steep slope area. If the distance of this steep slope area is greater than 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 shall be adjusted so that the total corridor width (Zone One and Zone Two) will be 75 feet maximum, except as noted below in Subsection A(2)(b)[1].
(b)
Zone Two. This zone will begin at the outer edge of Zone One and shall occupy a minimum width of 50 feet in addition to Zone One, up to a maximum combined width in Zones One and 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.
B.
Width 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 Worcester 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 Township Board of Supervisors, in consultation with the Township Engineer.
§ 150-146.7 Permitted uses.
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 § 150-146.12 of this article.
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)
Streambank stabilization in compliance with the guidelines of the Corridor Management Plan.
(c)
Maintenance of riparian woodlands through the removal of invasive vines, bushes and trees, the cleaning out of trash, the correction of soil erosion problems, the planting of plants selected from the riparian corridor plant list in § 130-28 of the Subdivision and Land Development Ordinance and the proper care of riparian plants.
(2)
Uses permitted by conditional use. The following uses shall be 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 the land will be reforested and 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 methods prescribed by Chapter 102 of Title 25 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.
(d)
Agricultural uses existing at the time of adoption of this article, so long as they are conducted in compliance with methods prescribed by Chapter 102 of Title 25 of the Pennsylvania Administrative Code.
(e)
Fencing.
(f)
Maintenance of riparian woodlands through the removal of invasive vines, bushes and trees, the cleaning out of trash, the correction of soil erosion problems, the planting of plants selected from the riparian corridor plant list in § 130-28 of the Subdivision and Land Development Ordinance and the proper care of riparian plants.
(2)
Uses permitted by conditional use. The following uses shall be permitted by conditional use:
(a)
New agricultural uses, in compliance with methods prescribed by Chapter 102.4(b) of Title 25 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.
(c)
Centralized sewer and/or water lines and public utility transmission lines running along the corridor, provided that any disturbance is, at a minimum, offset by corridor improvements identified in the Corridor Management Plan. These lines shall be located as far from Zone One as practical.
(d)
Selection cutting of trees when the land will be reforested and removal is consistent with approved standards in the Corridor Management Plan.
(e)
Passive use areas such as camps, campgrounds, picnic areas and golf courses; and active recreation areas such as ballfields, playgrounds and courts, provided that these uses are designed in a manner that will not permit concentrated stormwater flow.
(f)
Naturalized stormwater basins in compliance with the guidelines in the Corridor Management Plan. The entire basin shall be located a minimum of 25 feet from the defined edge of identified waterways.
§ 150-146.8 Uses specifically prohibited.
Any use or activity not authorized within § 150-146.7 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 specifically permitted in § 150-146.7.
B.
Roads or driveways, except where permitted as corridor crossings in compliance with § 150-146.7A(2)(a) or 150-146.7B(2)(b).
C.
Motor or wheeled vehicle traffic in any area not specifically permitted by § 150-146.7A(2)(a) or 150-146.7B(2)(b).
D.
Parking lots.
E.
Clear-cutting of trees and other vegetation.
F.
Selection cutting of trees and/or the clearing of other vegetation within Zone One, except where such clearing involves the removal of high economic value trees or is necessary to prepare land for a use permitted under § 150-146.7A and where the effects of these actions are mitigated by revegetation, as specified under § 150-146.12 here within.
G.
Selection cutting of trees and/or the clearing of other vegetation within Zone Two, except where such clearing involves the removal of high economic value trees or is necessary to prepare land for a use permitted by § 150-146.7B and where the effects of these actions are mitigated by revegetation, as specified under § 150-146.12 here within.
H.
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 Engineer, Board of Supervisors or its appointed representative.
I.
Removal or disturbance of vegetation in a manner that is inconsistent with erosion control and corridor protection.
J.
Storage of any hazardous or noxious materials.
K.
Dumping of man-made materials.
L.
Dumping of large concentrations or amounts of natural materials and dumping of any natural materials within an identified waterway, measured at bankfull flow.
M.
Use of fertilizers, pesticides, herbicides and/or other chemicals in excess of prescribed industry standards or the recommendations of the Montgomery County Conservation District.
N.
Subsurface sewage disposal areas.
O.
Sod farming.
§ 150-146.9 Nonconforming structures and uses.
Nonconforming structures and uses of land within the Riparian Corridor Conservation District shall be regulated under the provisions of Article XXIII herein. The following additional regulations also shall apply:
A.
Existing nonconforming structures or uses within Zones One or Two that are not permitted under § 150-146.7 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 § 150-146.5, 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 for crop rotation.
§ 150-146.10 Boundary interpretation and appeals procedure.
A.
When a landowner or applicant disputes the Zone (One or Two) boundaries of the riparian corridor or the defined edge of a waterway, the landowner or applicant shall submit evidence to Worcester Township that describes the boundary, presents the landowner or applicant's proposed boundary and presents all justification for the proposed boundary change.
B.
The Township Board of Supervisors, in consultation with the Township Engineer, shall evaluate all material submitted and shall make a written determination of the riparian corridor boundaries within 45 days, a copy of which shall be submitted to the Township 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 XXVI of this chapter. The party contesting the location of the district boundary shall have the burden of proof in case of any such appeal.
§ 150-146.11 Inspections.
A.
Lands within or adjacent to an identified Riparian Corridor Conservation District may be inspected by a Township representative when:
B.
The district may also be inspected periodically by a Township 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 Township officials.
§ 150-146.12 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 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, unless the Township Board of Supervisors determines that any or all of these requirements are unnecessary:
(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 listed in § 150-146.5 of this article, Legislative intent.
[3]
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.
[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.
(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.
[4]
Stream crossings should be done at a ninety-degree angle to the stream.
[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 Resource Conservation Service, United States Department of Agriculture.
[7]
Streambanks should be stabilized in accordance with A Streambank Stabilization and Management Guide for Pennsylvania Landowners, by the Pennsylvania Department of Environmental Resources.
[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 waterbody, is increased to at least 150 feet.
[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: canopy trees, such as oak, hickory, maple gum, beech, sycamore, spruce, hemlock, pine, and fir; shrubs that provide an understory, such as elderberry, viburnum, azalea, rhododendron, holly, laurel and alders; and 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. To function properly, vegetation in the Corridor Management Plan shall be selected from the list of riparian corridor plants in § 130-28, Landscaping, of the Township Subdivision and Land Development Ordinance. Plants not included on the list may be permitted by the Township Board of Supervisors, in consultation with the Township Shade Tree Commission, when evidence is provided from qualified sources certifying their suitability. The Township may require species suitability to be verified by qualified experts in the Montgomery County Conservation District, Natural Resources Conservation Service, Pennsylvania Fish and Boat Commission, the United States Fish and Wildlife Service or state and federal forest agencies.
(1)
In Zone One, dominant vegetation shall be composed of a variety of native riparian tree and shrub species and appropriate plantings necessary for streambank stabilization.
(2)
In Zone Two, dominant vegetation shall be composed of riparian trees and shrubs, with an emphasis on native species and appropriate plantings necessary to stabilize the soil.
(3)
Disturbed areas shall be revegetated with riparian corridor plants, in compliance with an approved Corridor Management Plan.