A. The application process set forth in the Solebury Township Subdivision and Land Development Ordinance, including the pre-application meeting, site visit, Environmental Resource and Site Analysis Plan, and four-step design process, shall be used to determine the most suitable approach to resource protection on specific sites. Some resources, as identified in this ordinance, shall be protected on all sites. Other resources shall be protected to varying degrees depending on the Environmental Resource and Site Analysis Plan, as defined and regulated by the SALDO, subject to the applicant obtaining conditional use approval in accordance with the provisions hereof.
B. The following areas must be preserved in their entirety as required by this ordinance.
Floodplains
Wetlands
Waters of Commonwealth/US
Other Water Bodies including Delaware Canal, Lakes and Ponds
Riparian corridor as required under subsection G hereof
C. Disturbance of the following areas shall be limited to the percentages set forth herein under the heading "MINIMUM STANDARD" unless the applicant has obtained conditional use approval in accordance with the standards set forth herein permitting a reduction in the amount of area of each resource which may be disturbed, in which case, the minimum area which must be protected is set forth under the column "Minimum Standard".
D. Vegetation At the sole discretion of the Board of Supervisors as a conditional use, the vegetation protection standards may be reduced provided that the additional disturbance for vegetation is offset by the preservation of agricultural soils. Where additional clearing of vegetation is permitted, no more than 50 percent of the forested or wooded area shall be permitted to be disturbed. All requirements of the Vegetation Management Plan shall be met.
E. Steep Slopes - At the sole discretion of the Board of Supervisors, the Board may, through a conditional use process, reduce the slope protection standards provided that the additional disturbance for slopes is offset by the preservation of agricultural soils or vegetation.
F. Resource Protection Standards This chart provides a summary of standards; the text of the ordinance shall control.
The Board of Supervisors of Solebury Township may grant Conditional Use approval to permit certain natural resources to be preserved in a percentage less than that stated under the column "Standard" in the Resource Protection Standards Table above, but, in no event, less than the percentage listed under "Minimum" when the Board, in its sole discretion, determines that a lesser percentage of protection is warranted applying the standards and procedures hereafter set forth.
A. Application Procedure.
1. Applicant shall prepare an Existing Resources and Site Analysis Plan ("ERSAP") containing the information required at section 4.01.B of the SALDO.
2. Applicant shall comply with the provisions of section 4.01.0 and D of the SALDO including a site visit with Township representatives and attendance at a preplanned conference.
3. Applicant shall determine the areas to be left undisturbed and shall prepare a proposed Resource Conservation Plan in accordance with the provisions of section 4.01.E, Step 1 and Step 2 of the SALDO.
4. If the Applicant determines that in order to optimize protection of the most highly valued natural resources on the property disturbance of percentages of natural resources greater than those set forth in the above Table under "Standard" is necessary, the Applicant shall file a Conditional Use application requesting approval to protect a lesser percentage of a given natural resource. A single application shall be submitted for all natural resources proposed to be protected in a percentage less than that required under the heading "Standard".
B. Standards for Grant of Conditional Use Approval. The Board of Supervisors shall determine, based upon the natural resources specific to the property under consideration, the extent to which natural resources identified in the Resource Protection Standards Table above may be disturbed in order to optimally protect the natural resources of the Township to achieve the objectives of the Solebury Comprehensive Plan, to assure the sustainability of the community of which the subdivision is a part and to achieve those purposes set forth under Section 1500 hereof. In determining whether, and to what extent, to grant conditional use relief, the Board shall consider the following standards and guidelines.
1. Vegetation Forested Area Disturbance.
a. 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.
b. 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.
c. 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 section 1811 hereof.
d. 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.
e. 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.
f. 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.
2. Steep Slope Protection.
a. 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.
b. 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.
c. 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.
d. 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.
e. The Board may consider the extent to which the Steep Slope is manmade rather than natural and whether its disturbance will facilitate, in the opinion of the Board, the optimal design for the development of the property.
3. Class 1, 2, and 3 Soils
a. 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.
b. The extent to which preserving the soils in the Standard percentage would not result in a suitable site for farming.
c. The extent to which the Class 1, 2, and 3 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.
d. The extent to which preserving less than the Standard percentage of Class 1, 2, and 3 soils would have an adverse impact on the scenic values of the property and the area surrounding the property.
C. Overall Criteria - The Board of Supervisors, utilizing the above recited criteria shall determine what percentage of the natural resources stated in the Resource Protection Standards Table above must be preserved in order to result in the best layout and design for the development of the property which, at the same time protects the greatest percentage of valuable natural resources and most nearly achieves the goal of sustainability for the subdivision or land development and the community surrounding the subdivision or land development.
A. Objectives of Riparian Corridor Overlay District
1. 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.
2. 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.
3. To 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.
4. 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 394, P.L. 1987, Chapter 102 of the Administrative Code (as amended October 10, 1980 Act 157 P.O.), Title 25, and any subsequent amendments thereto, as administered by the Pennsylvania Department of Environmental Protection and the Bucks County Conservation District.
5. 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.
6. To work with floodplain, steep slope, and other regulations that regulate environmentally sensitive areas to minimize hazards to life, property, and riparian features.
7. To conserve natural, scenic, and recreation areas within and adjacent to riparian areas for the community's benefit.
B. Definition and Establishment of the Riparian Corridor Conservation District
1. Definition - The RIPARIAN CORRIDOR CONSERVATION DISTRICT is defined as an overlay district consisting of areas surrounding waterways that intercept surface water runoff, 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.
2. The following are within the Riparian Corridor Overlay District.
Aquetong Creek and tributaries
Pidcock Creek and tributaries
Paunacussing Creek and tributaries
Primose Creek and its tributaries
Cuttalossa Creek and its tributaries
Streams identified by Resolution of the Solebury Township Board of Supervisors
Perennial streams, as identified in the most recent Soil Survey of Bucks County, September 2002 as prepared by the Natural Resources Conservation Service, United States Department of Agriculture
Intermittent streams - A body of water flowing in a channel or bed composed primarily of substrates associated with flowing water which, during periods of a non-drought year, is below the natural local water table and obtains its flow from both surface runoff and ground water discharges.
Lakes and ponds
Delaware Division of the Pennsylvania Canal ("Delaware Canal")
Wetlands - 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 ("wetlands"), as defined by the US Army Corps of Engineers 1987 wetland delineation standards, shall also be subject to the provisions of the Riparian Corridor Conservation District.
3. Width Determination.
a. The Riparian Corridor Conservation Overlay District shall extend a minimum of 75 feet from each defined edge of an identified waterway, waterbody or wetland at bankfull flow or level, or shall equal the extent of the 100-year floodplain, whichever is greater.
b. 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 100 year flood plain, which ever is greater.
c. For Exceptional Wetlands, the Overlay District shall extend up to 300 feet from the boundary of the Exceptional Wetlands where it is determined that disturbance of such an area will have a substantial adverse impact on the quality of the wetlands.
d. 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.
C. Zones within Riparian Corridor Overlay - The District will consist of two distinct zones:
1. Zone One: 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.
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.
2. 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 100-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 100-year floodplain. 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 100 year flood plain extends a greater distance, in which case the 100 year flood plain 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.
D. 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.
E. Uses Permitted in the Riparian Corridor Conservation District
1. Zone One - Uses Permitted by Right - Open space uses shall be permitted in 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. Stream bank stabilization in compliance with the guidelines of the Corridor Management Plan.
c. 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.
2. Zone One Uses Permitted by Conditional Use
a. Farm vehicles and livestock with necessary fencing, provided that any disturbance is offset by corridor improvements identified in the Corridor Management Plan.
3. Zone Two - Uses Permitted by Right. The following uses shall be permitted in Zone Two:
a. Open space uses including: wildlife sanctuaries, nature preserves, forest preserves, passive areas of public and private parklands, and recreational trails.
b. Planting in compliance with the guidelines of the Corridor Management Plan.
c. 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.
d. Agricultural uses, provided that there is a soil conservation plan and nutrient management plan in effect that comply with all applicable standards.
e. Fencing.
f. 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.
4. Zone Two Uses Permitted by Conditional Use.
a. New agricultural uses provided that there is a soil conservation plan and nutrient management plan in effect that comply with all applicable standards.
b. Corridor crossings by roads, driveways, 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.
c. 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 storm water flow.
d. Stormwater management facilities may be installed within Zone Two but the entire basin shall be located a minimum of 50 feet from the defined edge of identified waterways, waterbodies, and wetlands, and shall not be located within any identified floodplain.
5. 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:
a. 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.
b. Roads or driveways, except where permitted as corridor crossings in compliance with this ordinance.
c. Motor or wheeled vehicle traffic in any area not designed to accommodate the vehicle type and volume.
d. Parking Lots.
e. Clear cutting of trees and other vegetation.
f. Selection cutting of trees and/or the clearing of vegetation, except in accordance with the Forestry requirements of this ordinance.
g. 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.
h. Removal or disturbance of vegetation in a manner that is inconsistent with erosion control and riparian corridor protection.
i. Storage of any hazardous, toxic, or noxious materials.
j. Use of fertilizers, pesticides, herbicides, and fungicides.
k. Individual and community on-lot sewage systems.
l. Sod farming.
F. Management of the Riparian Corridor District
1. 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:
a. 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.
b. 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.
c. Proposed management, including a discussion of how the purposes of this ordinance 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.
2. 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.
a. Existing woody and other vegetation shall be preserved
b. Fallen branches and other organic material shall be allowed to remain where they have fallen.
c. Fencing shall be used to keep livestock away from streams and waterways.
d. Corridor crossings shall be done at a 90 degree angle to the crossing.
e. An undisturbed vegetative strip shall be kept between agricultural uses and stream corridors.
f. 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.
3. The Management Plan shall address the following restoration measures:
a. Stabilization of waterway banks in accordance with a plan approved by Township.
b. Restoration of degraded landscapes in accordance with a plan approved by the Township.
c. The restoration plan shall include the following in addressing the stabilization of waterway hanks, degraded landscapes and degraded woodlands. Planting within the Riparian Corridor should be with three distinct layers of vegetation: (1) canopy trees, such as Oak, Hickory, Maple, Gum, Beech, Sycamore, Spruce, Hemlock, Pine and Fir; (2) Shrubs that provide an understory such as Elderberry, Vibernum, Azalea, Rhododendron, Holly, Laurel, and Elders; and (3) 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.
4.Restoration and Conversion of Landscapes.
a. 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.
b. 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.
c. Vegetation Selection
1) 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 re-vegetation 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.
2) 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 25 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.
3) 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 fur. Permitted evergreen and deciduous herbs include elderberry, vibernum, 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.
4) 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 ("wetlands") shall also be subject to the provisions.
5) 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.
d. 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.
