MODEL ORDINANCE RIPARIAN CORRIDOR CONSERVATION DISTRICT Section 1. Legislative Intent. The legislative intent section In expansion of the Declaration of Legislative Intent and Statement provides the rationale for the of Community Development Objectives found in Sections 101 and regulation, including the 102 of Article I of this ordinance, it is the intent of this article to applicable power to do so. This provide reasonable controls governing the conservation, will demonstrate that the management, disturbance, and restoration, of riparian corridors regulation is reasonable and under authority of Article I, Section 27 of the Pennsylvania related to a defensible public Constitution, Act 247 the Municipalities Planning Code as purpose. The authority to amended, and other Commonwealth and federal statutes, in protect riparian corridors is conformance with the goals of the Comprehensive Plan, Open contained within the Space and Environmental Resource Protection Plan, and the Pennsylvania Constitution and following objectives: the MPC (Secs 301b, 603b5, 603d, 604(1), and 605(2)). 1.1 Improve surface water quality by reducing the amount of nutrients, sediment, organic matter, pesticides, and The intent section also other harmful substances that reach watercourses, recognizes the scientifically- wetlands, subsurface, and surface water bodies by proven and published benefits using scientifically-proven processes including of riparian corridors. filtration, deposition, absorption, adsorption, plant uptake, and denitrification, and by improving infiltration, encouraging sheet flow, and stabilizing concentrated flows. 1.2 Improve and maintain the safety, reliability, and The Commonwealth of adequacy of the water supply for domestic, Pennsylvania has invested over agricultural, commercial, industrial, and recreational a billion dollars in water uses along with sustaining diverse populations of quality protection over the last aquatic flora and fauna. two decades. Protection of riparian corridors helps to 1.3 Preserve and protect areas that intercept surface water advance this large public runoff, wastewater, subsurface flow, and/or deep investment. 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, as well as provide wildlife habitat, moderate water temperature in surface waters, attenuate flood flow, and provide opportunities for passive recreation. The majority of land within a 1.4 Regulate the land use, siting, and engineering of all watershed is drained by the development to be consistent with the intent and smaller 1st and 2nd order objectives of this ordinance and the best-accepted streams. Therefore, regulation conservation practices, and to work within the of riparian corridors must focus carrying capacity of existing natural resources. upon all streams within a watershed and not just the larger more apparent creeks and rivers. 1 1.5 Assist in the implementation of pertinent state laws There are other laws of the concerning erosion and sediment control practices, Commonwealth that this specifically Erosion Control, of the Pennsylvania ordinance complements which Clean Streams Law, Act 394, P.L. 1987, Chapter 102 should be referenced. 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. 1.6 Conserve natural features important to land or water Depending on a municipality's resources such as headwater areas, groundwater goals for corridor preservation, recharge zones, floodway, floodplain, springs, recreational opportunities may streams, wetlands, woodlands, prime wildlife habitats, exist and should be mentioned and other features that provide recreational value or as part of the regulations intent. contain natural amenities whether on developed or undeveloped land. 1.7 Work with floodplain, steep slope, and other The ordinance should reference requirements that regulate environmentally sensitive other existing municipal areas to minimize hazards to life, property, and regulations regarding natural riparian features. resource preservation. 1.8 Recognize that natural features contribute to the welfare and quality of life of the [Municipal] residents. 1.9 Conserve natural, scenic, and recreation areas within and adjacent to riparian areas for the community's benefit. Section 2. Application an Width Determination of the Scientific research has District demonstrated that the benefits of riparian corridors are 2.1 Application. The Riparian Corridor Conservation maximized when they extend at District is an overlay district that applies to the least 75 feet from the streams, wetlands, and waterbodies, and the land streambank. adjacent to them, as specified in the following table: Surface Water Feature Minimum Corridor Width Zone one should be a minimum of 25 feet from the streambank A. Perennial Streams: Zone 1: Minimum width of 25 feet and consist of undisturbed All perennial streams from each defined edge of the forest and vegetation in order to identified in the Soil Survey1. watercourse at bank full flow, stabilize the streambank, shade (Perennial streams are shown measured perpendicular to the edge the stream, and provide food for as solid lines on the Soil of the watercourse. aquatic organisms. Survey maps.) 2 Surface Water Feature Minimum Corridor Width Zone Two is the outer edge Zone 2: Minimum width of 50 of the corridor and allows for feet from the outer edge of Zone 1, measured perpendicular to the infiltration of runoff, filtration edge of Zone 1, or equal to the of sediment and nutrients, and extent of the 100-year nutrient uptake by plants. floodplain3, 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.) B. Intermittent Streams: Zone 1: Minimum width of 25 Intermittent streams identified in feet from each defined edge of the Soil Survey1 or any stream the watercourse at bank full otherwise identified on the flow, measured perpendicular applicant's plan that have an to the edge of the watercourse. upstream drainage area of 75 Zone 2: Minimum width of 50 acres or more2. (Intermittent feet from the outer edge of Zone streams are shown as dotted and 1, measured perpendicular to the dashed lines on the Soil Survey edge of Zone 1, or equal to the maps.) extent of the 100-year floodplain3, 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.) C. Other Streams: Zone 1: Minimum width of 25 All other streams with an feet from the centerline of the upstream drainage area of less watercourse, measured than 75 acres2, including perpendicular to the centerline of intermittent streams identified in the watercourse, or equal to the the Soil Survey1. extent of the 100-year floodplain3, or 25 feet beyond the outer edge of a wetland The following notes should along the stream, whichever is accompany the chart: greater. (Total minimum width 1Soil Survey shall mean the most of 50 feet). recent edition of he Soil Survey of Zone 2: Does not apply. Montgomery County. D. Wetlands and Zone 1: Minimum width of 25 2Upstream drainage area shall be Waterbodies feet from the outer edge of the measured from the where the Wetlands not located along a wetland or waterbody, measured stream exits the applicant's site. stream, and waterbodies, where perpendicular to the edge. For 3100-year floodplain is identified the wetland and/or waterbody is wetlands located at the edge of a on the Flood Insurance rate Map greater than 10,000 square feet waterbody, the measurement (FIRM) prepared by FEMA, or as in area. shall be made from the outer calculated by the applicant where edge of the wetland. FEMA data does not apply. Zone 2: Does not apply. Steep slopes are often found adjacent to waterways and may 3 2.2 Zone Designation Adjustments for Steep Slopes. reduce the infiltration and Where steep slopes in excess of 25 percent are located filtering benefits of the buffer. within 75 feet of a stream identified in 2.1, A or B, above, the area of steep slopes shall be designated as Zone One consistent with the following: Providing a Zone 1 designation to the steeply sloped areas will A. If the extent of the steeply sloped area is more afford greater protection for than 75 feet, the Zone 1 designation shall extend existing vegetation. Maintaining to 75-feet or to the full extent of the steeply sloped vegetation on steep slopes is area within the corridor if Zone 1 extends greater especially critical for reducing than 75 feet as may be required in Section 2.1.C. erosion and sedimentation. Zone 2 shall not be required except as may be required in 2.1, A or B for floodplains. B. If the extent of the steeply sloped area is less than 75 feet, the Zone 1 designation shall extend to the limit of the steeply sloped area, and the width of Zone Two shall be adjusted so that the total corridor width (Zone 1 plus Zone 2) will be that required in 2.1 A, B, or C. This ordinance requires the applicant to designate the 2.3 Identification and Width Determination. riparian corridor on the The applicant shall be responsible for the following: subdivision or land development plan. This A. Identifying the watercourses, wetlands, and/or requirement is similar to the waterbodies on and abutting the applicant's site, way wetlands and floodplains and locating these features accurately on the are designated. applicant's plans. B. Initial width determination of the riparian corridor(s) in compliance with Section 2.1, 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. The initial determination(s) shall be subject to review and approval by the [Municipal] Planning Commission, with the advice of the [Municipal] Engineer. The uses permitted within each Section 3. Uses Permitted in the Riparian Corridor zone are directly related to the Conservation District specific benefits the zone The following uses are permitted by right in the Riparian Corridor provides and should be tailored Conservation District in compliance with the requirements of this to the community's goals. Article: To ensure usable yard area is 3.1 Zones One and Two: At least half of any required provided, at least half of all yard setback area, for any individual lot, must be yard setbacks shall be outside entirely outside of the Riparian Corridor Conservation the riparian corridor. District. For Zone One to function properly it should remain 4 relatively undisturbed. 3.2 Zone One: Therefore, the by-right uses are generally passive and allow for A. Open space uses that are primarily passive in the implementation of character shall be permitted to extend into the area streambank stabilization defined as Zone One, including: techniques to minimize erosion. 1. Wildlife sanctuaries, nature preserves, forest preserves, fishing areas, passive areas of public and private parklands, and reforestation. 2. Streambank stabilization. B. Forestry operations approved by the Montgomery To sustain and encourage County Conservation District. agricultural operations, crossings for farm vehicles and C. Corridor crossings: livestock are permitted by-right. 1. Agricultural crossings by farm vehicles and Invariably, driveways, roads, livestock. and other types of corridor crossings will be required and 2. Driveways serving one or two single-family are permitted by-right provided detached dwelling units, provided the specific mitigation and design mitigation requirements of Section 7.2 are standards are satisfied. satisfied. The corridor crossing standards of Section 8 should be considered during design of the driveway. 3. Driveways serving more than two single- family detached dwelling units, or roadways, recreational trails, railroads, and utilities, provided the mitigation requirements of Section 7.2 and the corridor crossing design The main purpose of Zone Two standards of Section 8 are satisfied. is to impede the flow of runoff, allowing increased infiltration 3.2 Zone Two to filter out nutrients for uptake by plants. A. Open space uses including wildlife sanctuaries, nature preserves, forest preserves, passive areas of public and private parklands, recreational trails, Existing agricultural uses and reforestation. should be allowed to continue, as long as best-management B. Agricultural uses conducted in compliance with practices are implemented. methods prescribed in the Department of Environmental Protection's Erosion and Sediment Pollution Control Manual, March 2000, as amended. 5 C. Corridor crossings: 1. Agricultural crossings by farm vehicles and livestock. 2. Driveways serving one or two single-family detached dwelling units, provided the mitigation requirements of Section 7.2 are satisfied. The corridor crossing standards of Section 8 should be considered during design of the driveway. 3. Driveways serving more than two single- family detached dwelling units, or roadways, recreational trails, railroads, and utilities, provided the mitigation requirements of Section 7.2 and the corridor crossing design The standards for accessory standards of Section 8 are satisfied. structures should be tailored to be consistent with existing E. Residential accessory structures having an area municipal regulation. equal to or less than 225 square feet. F. Forestry operations approved by the Montgomery The main purpose of Zone Two County Conservation District. is to slow runoff. Therefore, concentrated runoff flow should G. Passive use areas such as camps, campgrounds, be prevented. This may be picnic areas, and golf courses. Active recreation particularly important if areas such as ballfields, playgrounds, and courts impervious surface is provided these uses are designed in a manner that introduced into Zone Two. will not permit concentrated flow of stormwater runoff. H. 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 8.2 shall be satisfied. In all cases, these lines shall be located as far from Zone One as practical. Section 4. Uses Specifically Prohibited in the Riparian Corridor District Any use or activity not authorized within Section 3, herein, shall be prohibited within the Riparian Corridor Conservation District and Denudation of the buffer area is the following activities and facilities are specifically prohibited: prohibited unless it is done to allow for construction of a 4.1 Clearing of all existing vegetation, except where permitted use, such as a utility such clearing is necessary to prepare land for a use crossing, provided the uses are permitted under Section 3.1, herein, and where the constructed and revegetated 6 di di effects of these actions are mitigated by re- according to ordinance establishment of vegetation, as specified under specifications. Section 8.1, herein. 4.2 Storage of any hazardous or noxious materials. 4.3 Use of fertilizers, pesticides, herbicides, and/or other chemicals in excess of prescribed industry standards or the recommendations of the Montgomery County The ordinance should Conservation District. specifically prohibit uses that may inevitably lead to erosion, 4.4 Roads or driveways, except where permitted as sedimentation, pollution, and corridor crossings in compliance with Section 3, general disturbance of the herein. corridor, which may not be reasonably mitigated. Once 4.5 Motor or wheeled vehicle traffic in any area not again, this section should be designed to accommodate adequately the type and modified to meet the goals of volume. the municipality. 4.6 Parking lots. 4.7 Any type of permanent structure, including fences, except structures needed for a use permitted in Section 3, herein. 4.8 Subsurface sewage disposal areas. 4.9 Sod farming. 4.10 Stormwater basins, including necessary berms and Structures and uses that legally outfall facilities. exist prior to adoption of this ordinance, which will no longer Section 5. Nonconforming Structures and Uses in the be permitted, are considered Riparian Forest Corridor District nonconforming. It is important Nonconforming structures and uses of land within the Riparian to recognize these instances, Corridor Conservation Overlay District shall be regulated under the regulate their expansion, and provisions of Article VII, Nonconforming Status, herein, except determine abandonment. that the one-year time frame for discontinuance shall not apply to agricultural uses which are following prescribed Best Management There may be disputes about the Practices for crop rotation. extent of the corridor on specific properties. This section Section 6. Boundary Interpretation and Appeals Procedure provides the applicant with the opportunity to justify a change 6.1 When an applicant disputes the Zone 1 and/or 2 in the boundary location. boundaries of the Riparian Corridor or the defined edge of a watercourse, surface water body, or wetland, the applicant shall submit evidence to the [Municipality] that shows the applicant's proposed boundary, and provides justification for the proposed boundary change. 7 boundary change. 6.2 The [Municipal] Engineer, and/or other advisors selected by the [Governing Body] shall evaluate all material submitted and provide a written Similar to other zoning appeals, determination within 45 days to the [Governing further disputes should be Body], [Municipal] Planning Commission, and handled by the zoning hearing landowner or applicant. board. 6.3 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 [existing Zoning Hearing Board Article] Once lands start being of this ordinance. The party contesting the location of preserved, and a contiguous the district boundary shall have the burden of proof in system of lands begin to form, case of any such appeal. some degree of regular inspection will be necessary. Section 7. Inspection of Riparian Corridor Conservation The inspection will determine District landowner compliance with the ordinance provisions. 7.1 Lands within or adjacent to an identified Riparian Corridor Conservation Overlay District will be inspected by the [Municipal] Code Enforcement Officer when: A. A subdivision or land development plan is submitted. B. A building permit is requested. C. A change or resumption of nonconforming use is proposed. 7.2 The district may also be inspected periodically by the Code Enforcement Officer and/or other representatives designated by the [Governing Body] for compliance Vegetation is one of the key with an approved restoration plan, excessive or ingredients to a healthy and potentially problematic erosion, hazardous trees, or at useful corridor. Therefore, to any time when the presence of, or possibility of, an encourage and aid in the unauthorized activity or structure is brought to the establishment of the riparian attention of [Municipal] officials. corridor, specific riparian plantings should be required as Section 8. Management of the Riparian Corridor District part of the site's general landscaping. 8.1 Riparian Corridor Planting. Re-establishment of forest When development encroaches cover and woodland habitat shall be required upon the riparian corridor, the consistent with the requirements of the landscape function of the corridor is regulation within the [Municipal] Subdivision and compromised and mitigation Land Development Ordinance. will be required. 8 8.2 Mitigation Measures. Uses permitted in Section 3 involving corridor crossings or other encroachment within the riparian corridor shall be mitigated by increasing the width of the corridor as replacement for A "buffer averaging" approach the area lost due to the encroachment or disturbance, adds width to portions of the so that the total corridor area (land area within Zone buffer to offset reductions in One and Zone Two) for each applicable side of the width due to corridor crossings stream or watercourse is equal to that required by or other types of disturbance. Section 2.1. Corridor area is the product of the corridor width required by Section 2.1 and the total length for each applicable side of the stream or watercourse for which a riparian corridor is being established. Perimeter shall be used in place of length for determining wetland buffer area. The increased width shall be spread throughout the corridor to the While the need for corridor maximum extent possible. For stream and crossings is inevitable, the watercourses, the increased width shall be applied number and design of these along the length of the stream in blocks of 1,000 feet crossings should be controlled or more, or the full length of the corridor on the in order to protect the integrity affected property, whichever is less. and functionality of the riparian corridor to the greatest extent Section 9. Corridor Crossings Standards possible. 9.1. Corridor Crossing Criteria. All corridor crossings permitted under Sections 3.1 or 3.2, herein, shall incorporate, as required, the following design standards. A. The width of the right-of way should not be greater than the minimum right-of-way width required by the [Municipal] Subdivision and Land Development Ordinance. B. Crossings should be designed to cross the riparian corridor at direct right angles to the greatest extent possible in order to minimize disturbance of the corridor. C. Corridor crossings should be separated by a minimum of 1,000 feet of buffer length. D. 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. 9 Section 10. Use of Technical Terminology Technical terminology used in this article shall be interpreted to Integration of the Riparian have the meanings used by recognized sources and experts in the Corridor Conservation Overlay fields of forestry, woodland or meadow management, streambank District into the municipal protection, wetlands management, erosion and sedimentation zoning ordinance should be control, or other relevant fields. complemented by the adoption of specific landscape standards within the municipal Model Landscape Standards for Subdivision and Land subdivision and land Development Ordinance: development ordinance. A. Purpose & Application In areas within the Riparian Corridor Conservation District as defined in Section ### of the [Municipal] Zoning Ordinance, the edge of water features and stream corridors should be in forest cover to further the ecological and environmental The required plantings will help benefits, as stated in the Riparian Corridor Conservation to enhance or re-establish a Overlay District (RCC). To promote re-establishment of forest vegetated riparian buffer, cover and woodland habitat, new tree plantings shall be maximizing water quality implemented in Zone One wherever existing trees do not meet benefits. the minimum tree planting requirements. B. Planting Requirements Plantings installed as part of the subdivision and land 1. New trees shall be planted at a minimum rate of 15 feet on development process will center or one tree per 225 square feet in staggered rows or provide visual cues to future an equivalent informal arrangement within the area defined property owners by providing a as Zone One by the RCC. distinction between the riparian corridor and the remaining lot 2. New trees shall be a variety of sizes ranging from a area. minimum 4 to 5 foot branched whip to an approximate 1 1/2 " balled and burlapped planting stock. If the riparian corridor is to be 3. New tree plantings shall be composed of native tree ultimately managed by species. numerous private owners, the municipality should provide or 4. Tree plantings shall be located along the streambank to arrange for continued provide shade for the stream, soil erosion control and education of property owners stormwater benefits, according to accepted streambank regarding the benefits of restoration practices. riparian corridors and proper management and stewardship. 5. Existing trees within Zone One shall be preserved and retained. Existing tree cover should be surveyed and inventoried to assess the need for any new plantings. Existing tree species included on the noxious/invasive plant species list, Appendix C, may be removed where conditions warrant. 10