1. In order to protect and improve water quality, a riparian buffer easement shall be created and recorded as part of any subdivision or land development that encompasses a riparian buffer. The intent of this Part in establishing a riparian buffer is to protect and improve stream water quality. The riparian buffer is intended to slow overland flow to the stream through the presence of native grasses, trees and shrubs, allowing infiltration/groundwater recharge; causing deposition of sediment, nutrients, pesticides, and other pollutants in the buffer rather than in the stream; and reducing erosion by providing stream bank stabilization. The trees provide shade for streams; keeping waters cooler and reducing evaporation.
2. Except as required by PA Code Title 25 Chapter 102, the riparian buffer easement shall be required for ah streams (as defined in § 26-111) with a contributing watershed area of greater than ten acres. The Riparian Buffer Easement shah be measured to be a minimum of 35 feet from the top of the streambank (on each side).
3. Minimum Management Requirements for Riparian Buffers.
A. No use or construction within the riparian buffer shall be permitted that is inconsistent with the intent of the riparian buffer as described in subsection 1. above.
B. Existing native vegetation shall be protected and maintained within the riparian buffer easement.
C. Whenever practicable, invasive vegetation shall be actively removed and the riparian buffer easement shah be planted with native trees, shrubs and other vegetation to create a diverse native plant community appropriate to the intended ecological context of the site.
4. The riparian buffer easement shah be enforceable by the Borough and shall be recorded in the appropriate County Recorder of Deeds Office, so that it shah run with the land and shall limit the use of the property located therein. The easement shall allow for the continued private ownership and shall count toward the minimum lot area required by zoning, unless otherwise specified in the municipal Zoning Ordinance.
5. Any permitted use within the riparian buffer easement shall be conducted in a manner that will maintain the extent of the existing 100-year flood plain, improve or maintain the stream stability, and preserve and protect the ecological function of the floodplain.
6. Stormwater drainage pipes shall be permitted within the riparian buffer easement, but they shall cross the easement in the shortest practical distance. Other structural stormwater management facilities are not permitted within the riparian buffer easement.
7. The following conditions shall apply when pubhc and/or private recreation trails are permitted by the Borough within riparian buffers:
A. It is preferred that trails be designed to be permeable and for non-motorized use only; however, impermeable trails are permitted provided they have adequate drainage.
B. Trails shall be designed to have the least impact on native plant species and other sensitive environmental features.
8. Septic drainfields and sewage disposal systems shall not be permitted within the riparian buffer easement and shall comply with setback requirements estabhshed under 25 Pa. Code Chapter 73.
9. Underground utilities shall be permitted within the riparian buffer easement; however, work shall be performed to minimize disturbance area and removal of trees. Restoration within the riparian buffer easement shall be with native species of trees, grasses, and other plantings. One tree shall be planted for each tree removed and the restoration shall be designed by a Registered Professional with the requisite experience. Aboveground utilities shall only be permitted to cross the easement perpendicular to the easement or in the shortest practical distance. Existing utilities may remain and be maintained as required.
(Ord. 946, 11/8/2018, §305)