(A) The riparian buffer, including wetlands shall be managed to enhance and maximize the unique value of these resources. Management includes specific limitations on alteration of the natural conditions of these resources. The following practices and activities are restricted within both zones of the riparian buffer, except with approval by the borough:
(1) Clearing of existing vegetation (except as noted previously in § 52.070(E)(3)(d);
(2) Soil disturbance by grading, stripping or other practices;
(3) Filling or dumping;
(4) Use, storage or application of pesticides, except for spot spraying of noxious weeds or non-native species consistent with recommendations of the borough;
(5) Housing, grazing or other maintenance of livestock;
(6) Storage or operation of motorized vehicles within Zone 1, except for maintenance or emergency use; and
(7) Drainage by ditching, underdrains or other systems.
(B) Practices, and activities that are permitted in the riparian buffer, with specific design or maintenance features, subject to the review of the borough:
(1) Roads, bridges, paths and utilities;
(2) Stormwater management;
(3) Stream restoration projects, facilities and activities approved by the borough are permitted within the riparian buffer;
(4) Water quality monitoring and stream gauging are permitted within the riparian buffer; and
(5) Individual trees within the riparian buffer that are in danger of falling, causing damage to dwellings or other structures, or causing blockage of the stream may be removed.
(C) All plans prepared for recording and all right-of-way plans shall clearly:
(1) Show the extent of any riparian buffer on the subject property; and
(2) Label the riparian buffer.
(D) All riparian buffer areas shall be maintained through a declaration of protective covenant, which is required to be submitted for approval by the borough. The covenant shall be recorded in the land records and shall run with the land and continue in perpetuity.
(1980 Code, Ch. 24, Part 5, § 503) (Ord. 1403, passed 7-18-2011, § 503)