Riparian Ordinance

Note: This HTML document was optically converted from PDF File

FINAL DRAFT — April 4, 2007

I. AMEND THE ZONING ORDINANCE BY ADDING THE FOLLOWING NEW ARTICLE

ARTICLE XIIC
RIPARIAN CORRIDOR CONSERVATION DISTRICT

Section 114-12C0 Legislative Intent.

In expansion of the legislative intent contained in Article I, Section 114-10, and the community development objectives contained in Article I, Section 114-11, of this chapter and in support of the goals and recommendations of the Springfield 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 a designated Riparian Corridor Conservation (RCC) District. In addition, the specific purposes and intent of this article are to:

1. Improve surface water quality by reducing the amount of nutrients, sediment, organic matter, pesticides, and other harmful substances that reach wetlands and 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.
2. 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.
3. Preserve and protect areas 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 water bodies, as well as provide wildlife habitat, moderate water temperature in water bodies, and provide opportunities for passive recreation.
4. Moderate storm water surges and attenuate flood flow by protecting and enhancing natural features that absorb, slow, store, and infiltrate flood water.
5. Regulate the land use, siting, and engineering of all development to be consistent with the intent and objectives of this ordinance, accepted conservation practices, and to work within the carrying capacity of existing natural resources.
6. 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.L.), Title 25, and any subsequent amendments thereto, as administered by the Pennsylvania Department of Environmental Protection and the Montgomery County Conservation District.
7. 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.
8. Work with floodplain and other ordinances that regulate environmentally sensitive areas to minimize hazards to life, property, and riparian features.
9. Recognize that natural features contribute to the welfare and quality of life of the Springfield Township residents.
10. Conserve natural, scenic, and recreation areas within and adjacent to riparian areas for the community's benefit.

Section 114-12C1. Establishment and Width Determination of the Riparian Corridor Conservation District

1. Application. The Riparian Corridor Conservation District is an overlay district that applies to streams, wetlands, and water bodies, and the land adjacent to them, as specified in the following table:
   
   

   Surface Water Feature	Minimum Corridor Width
   1. Perennial Streams	Zone 1: Minimum width of 25 feet from each defined edge of the stream at bank full flow, measured perpendicular to the edge of the stream. Zone 2: Minimum width of 50 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, or 25 feet beyond the outer edge of a wetland along the stream, whichever is greater. (Total minimum width of Zones I & 2 150 feet plus the width of the stream.)
   2. Intermittent Streams with an upstream drainage area greater than 75 acres measured from where the stream exits the applicant's site.	Zone 1: Minimum width of 25 feet from each defined edge of the stream at bank full flow, measured perpendicular to the edge of the stream. Zone 2: Minimum width of 50 feet from the outer edge of Zone I, measured perpendicular to the edge of Zone 1, or equal to the extent of the 100-year floodplain, or 25 feet beyond the outer edge of a wetland along the stream, whichever is greater. (Total minimum width of Zones 1 & 2 = 150 feet plus the width of the stream.)
   3. Intermittent Streams: with an upstream drainage area less than 75 acres measured from where the stream exits the applicant's site,	Zone 1: Minimum width of 25 feet from the centerline of the stream, measured perpendicular to the centerline of the stream, or equal to the extent of the 100-year floodplain, or 25 feet beyond the outer edge of a wetland along the stream, whichever is greater. (Total minimum width of 50 feet). Zone 2: Does not apply.
   4. Wetlands and Water bodies Wetlands not located along a stream, and water bodies, where the wetland and/or water body is greater than 10,000 square feet in area.	Zone 1: Minimum width of 25 feet from the outer edge of the wetland or water body, measured perpendicular to the edge. For wetlands located at the edge of a water body, the measurement shall be made from the outer edge of the wetland. Zone 2: Does not apply.

2. Zone Designation Adjustments for Steep Slopes. Where steep slopes in excess of 25 percent are located within Zone Two as identified in Sections 114-12C1 A. 1., 2., above, Zone One shall be extended to and include the steeply sloped area.
3. Identification and Width Determination. The applicant shall be responsible for the following:
   1. Identifying the streams, wetlands, and/or water bodies on and within 75 feet of the applicant's site, and locating these features accurately on the applicant's plans.
   2. Initial width determination of the riparian corridor(s) in compliance with Section 114-12C1.A, herein, and for identifying these areas on any plan that is submitted for subdivision, land development, or other improvements that require plan submissions or permits.

Section 114-12C2. Uses Permitted in the Riparian Corridor Conservation District

The following uses are permitted by right in the Riparian Corridor Conservation District in compliance with the requirements of this article.

1. Zone One:
   1. Open space uses that are primarily passive in character shall be permitted to extend into the area defined as Zone One, including:
      1. Wildlife sanctuaries, nature preserves, forest preserves, fishing areas, passive areas of public and private parklands, and reforestation.
      2. Streambank stabilization in accordance with the requirements of Section 95-11 of the Subdivision and Land Development Ordinance.
   2. Stream Crossings:
      1. Driveways, roadways, recreational trails, railroads, and utilities, provided the mitigation requirements of Section 114-12C7 and the stream crossing design standards of Section 114-12C8 are satisfied.
   3. Maintenance of plantings required in Section 95-11.1(15) Riparian Corridor Planting Requirements of the Subdivision and Land Development ordinance
   4. Fences in compliance with Section 114-135.
2. Zone Two
   1. Open space uses including wildlife sanctuaries, reforestation areas, 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.
   2. Stream Crossings:
      1. Driveways, roadways, recreational trails, railroads, and utilities, provided the mitigation requirements of Section 114-12C7 and the stream crossing design standards of Section 114-1 2C8 are satisfied.
   3. Managed meadows in accordance with the planting requirements of Section 95-11 of the Subdivision and Land Development Ordinance.
   4. Residential accessory buildings.
   5. Passive use areas such as camps, campgrounds, picnic areas, and residential lawn areas provided these uses are designed in a manner that will not permit accelerated erosion as defined and regulated by Chapter 88 — Stormwater Management of the Township Code.
   6. Active recreation areas such as ballfields, playgrounds, golf courses, and courts provided these uses are designed in a manner that will not permit accelerated erosion as defined and regulated by Chapter 88 — Stormwater Management of the Township Code.
   7. Centralized sewer and/or water lines and public utility transmission lines running along the corridor. When proposed as part of a subdivision or land development, the mitigation requirements of Section 114-1 2C7 shall be satisfied. In all cases, these lines shall be located at least 35 feet from Zone One.
   8. Agricultural uses conducted in compliance with methods prescribed in the Department of Environmental Protection's Erosion and Sediment Pollution Control Manual, March 2000, as amended.
   9. Fences in compliance with Section 114-135.

Section 114-12C3. Uses Specifically Prohibited in the Riparian Corridor District

Any use or activity not authorized within Section 114-12C2 shall be prohibited within the Riparian Corridor Conservation District. By way of example, the following activities and facilities are specifically prohibited:

1. Clearing of existing vegetation, except as described in Section 114-12C2.A., or except where such clearing is necessary to prepare land for a use permitted under Section 114- 1 2C2, herein, and where the effects of these actions are mitigated by re-establishment of vegetation, as specified under Section 114-12C7, herein.
2. Storage of any hazardous or noxious materials.
3. Use of fertilizers, pesticides, herbicides, and/or other chemicals in excess of prescribed industry standards or the recommendations of the Montgomery County Conservation District.
4. Roads or driveways, except where permitted as stream crossings in compliance with Sections 114-12C2.A or 114-12C2.B.
5. Motor or wheeled vehicle traffic in any area not specifically permitted by Sections 114-12C2.A or 114-12C2.B.
6. Parking lots.
7. Any type of permanent structure, except those needed for a use permitted in Section 114-12C2, herein
8. Subsurface sewage disposal areas.
9. Storm water basins, berms, and outfall facilities.

Section 114-12C4. Nonconforming Structures and Uses in the Riparian Corridor District

Nonconforming structures and uses of land within the Riparian Corridor Conservation District shall be regulated under the provisions of Section 114-138 herein.

Section 114-12C5. Boundary Interpretation and Appeals Procedure

1. When a landowner or applicant disputes the Zone (One or Two) boundaries of the Riparian Corridor or the defined edge of a water body the landowner or applicant shall submit evidence to the Zoning Hearing Board that describes the boundary, presents the landowner or applicant's proposed boundary, and presents all justification for the proposed boundary change.
2. The Zoning Hearing Board, in consultation with the Springfield 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 Board of Commissioners, Township Planning Commission, and landowner or applicant.
3. Any party aggrieved by any such determination or other decision or determination under this section may appeal the decision of the Zoning Hearing Board to the appropriate administrative appellate body. The party contesting the location of the district boundary shall have the burden of proof in case of any such appeal.

Section 114-12C6. Inspection of Riparian Corridor Conservation District

1. Lands within or adjacent to an identified Riparian Corridor Conservation District may be inspected by a township representative when:
   1. A subdivision or land development plan is submitted.
   2. A building permit is requested.
   3. A change or resumption of nonconforming use is proposed.
   4. A grading permit is requested.
2. 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.

Section 114-12C7. Management of the Riparian Corridor District

1. Riparian Corridor Planting. Re-establishment of forest cover and woodland habitat shall be required consistent with the requirements of Section 95-11(15) of the Springfield Township Subdivision and Land Development Ordinance,
2. Mitigation Measures. Uses permitted in Section 114-12C2 involving stream crossings within the riparian corridor shall be mitigated by increasing the width of the corridor as replacement for the area lost due to the encroachment, so that the total corridor area (land area within Zone One and Zone Two) for each applicable side of the stream or water body is equal to that required by Section 114-1 2C1.

Section 114-12C8. Stream Crossing Standards

All stream crossings permitted under Section 1l4-l2C2.A.2 or Section 114-12C2.B.2, herein, shall incorporate, as required, the following design standards,

1. The width of the right-of way should not be greater than the minimum right-of-way width required by the Subdivision and Land Development Ordinance.
2. Crossings should be designed to cross the riparian corridor at direct right angles in order to minimize disturbance of the corridor.
3. Crossings should be separated by a minimum of 1,000 feet of buffer length.
4. Bridges should be used in place of culverts when crossings would require a 72-inch or greater diameter pipe. When culverts are installed they should consist of slab, arch, or box culverts and not corrugated metal pipe. Culverts should also be designed to retain the natural channel bottom to ensure the passage of water during low flow or dry weather periods.

Section 114-12C9. Use of Technical Terminology

Technical terminology used in this article shall be interpreted to have the meanings used by recognized sources and experts in the fields of forestry, woodland or meadow management, stream bank protection, wetlands management, erosion and sedimentation control, or other relevant fields.

II. AMEND SECTION 114-21 OF THE ZONING ORDINANCE BY ADDING THE FOLLOWING NEW DEFINITIONS:

• BANKFULL FLOW — The point above a stream which defines the maximum height of channel flow. It is either determined visually or computed as an elevation using the peak rate of runoff from a two-year storm event.
• NATIVE PLANT — A plant native to Pennsylvania, as identified in the most recent edition of The Vascular Flora of Pennsylvania, Annotated Checklist and Atlas.
• REFORESTATION — The process of creating woodlands with three distinct layers of vegetation: canopy trees, understory shrubs or trees, and herbaceous groundcover plants.
• RIPARIAN AREA — Land adjacent to a stream, lake, pond, or other water body. Riparian areas form the transition between the aquatic and the terrestrial environment.
• SELECTIVE CUTTING — A method of removing small groups of trees scattered throughout a woodland in order to retain the biodiversity of the woodland while allowing limited harvesting of trees.
• STREAM — Includes all rivers, creeks, brooks, tributaries and other flowing surface waters within a natural channel. More specifically, a perennial or intermittent water body having a defined channel (excluding man-made ditches) which contains flow from surface and/or ground water sources during at least a portion of an average rainfall year.
• STREAM, INTERMITTENT — A defined channel (excluding man-made ditches) in which surface water is absent during a portion of the year, as ground water levels drop below the channel bottom or a feature indicated as an intermittent stream on the Township Map.
• STREAM, PERENNIAL — A defined channel (excluding man-made ditches) containing surface water throughout the year or a feature indicated as a perennial stream on the Township Map.
• STREAM BANK STABILIZATION — A method of repairing eroded stream banks employing required grading, stone, fabric, soil, or other natural materials.
• WATER BODY — An intermittent or perennial stream, pond, or lake that is either natural or man-made provided that the bed is composed primarily of substrates associated with flowing water, ponds, or lakes.
• WETLANDS — Those areas that are inundated and saturated by surface or groundwater 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. More specifically, an area meeting the official wetland definition of the U.S. Army Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87- 1; or the Pennsylvania Department of Environmental Protection Wetlands Identification and Delineation, Chapter 105 Dam Safety and Waterways Management Rules and Regulations; or the U.S. Environmental Protection Agency Wetlands Identification Delineation Manual, Volume I, Rational, Wetland Parameters, and Overview of Jurisdictional Approach, Volume II, Field Methodology or the most recently amended reports, will be considered a wetland for the purposes of this chapter. In the event the definition of a wetland accepted by the U.S. Army Corps of Engineers conflicts with the definition of a wetland accepted by the Pennsylvania Department of Environmental Protection, or Environmental Protection Agency, the more restrictive definition shall apply.

III. AMEND SECTION 95-11.1 OF THE SUBDIVISION OF LAND ORDINANCE BY ADDING THE FOLLOWING NEW SUBSECTION:

15. Riparian Corridor Planting Requirements
    1. Purpose and Application. In areas within the Riparian Corridor Conservation District, as defined in the Springfield Township Zoning Ordinance, the edge of water features and stream corridors shall be in forest cover to further the ecological and environmental benefits, as stated in the Riparian Corridor Conservation District (RCC). To promote re-establishment of forest cover and woodland habitat, new tree planting shall be implemented in Zone One wherever existing trees do not meet the minimum tree planting requirements.
    2. Planting Requirements for Zone One
       1. Within the area identified as Zone One in the RCC, new trees shall be planted at a minimum rate of one tree per 225 square feet of Zone One Area. Such trees shall be planted in staggered rows or an equivalent informal arrangement.
       2. Within the area identified as Zone One in the RCC, new shrubs shall be planted at a minimum rate of one shrub per 100 square feet of Zone One Area. Such shrubs shall be planted in groups of at least five individual shrubs appropriately spaced.
       3. Within the area identified as Zone One in the RCC, new perennials shall be planted at a minimum rate of one perennial per 10 square feet of Zone One Area. Such perennials shall be in groups of at least fifty individuals appropriately spaced.
       4. New trees shall be a variety of sizes ranging from a minimum 4 to 5 foot branched whip to an approximately 1 1/2 inch caliper balled and burlapped planting stock. New shrubs shall be grown in at least 2 gallon containers. New perennials may be grown as plugs. Perennials may not be directly sowed.
       5. New plantings shall be composed of native species.
       6. Tree plantings shall be located along the stream bank to provide shade for the stream, soil erosion control and storm water benefits.
       7. Existing non-invasive trees, shrubs and perennials within Zone One shall be preserved and retained and shall count towards the requirements of this ordinance.
    3. Planting Requirements for Managed Meadows in Zone Two
       1. A mixture of native and non-invasive forbs and grasses suited to site conditions and maintained in a natural state.