(a) Applicability.
The waterfront setback requirement shall apply to all lots sharing a boundary with any watercourse designated for protection, on the Hydrology Maps established by the Water Department and approved by the Ordinance amending this subsection (5)(a), for purposes that may include, but are not limited to, restoring and maintaining the City's water resources, restoring and maintaining drinking water sources; restoring and maintaining the base flow of streams; reducing and controlling erosion and sedimentation; reducing and controlling storm water runoff; stabilizing stream banks; and restoring and maintaining riparian habitats.
(b) General Standards.
(.1) All development shall provide a waterfront setback at least 50 ft. wide measured perpendicular to and horizontally from the top-of-bank for all watercourses identified on the Hydrology Maps established by the Water Department and approved by ordinance pursuant to § 14-704(5)(a).
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(.2) The following activities and uses are prohibited within the waterfront setback: 658
(.a) Permanent or temporary structures, except for docks, piers, and structures accessory to public parks and open space.
(.b) Outdoor storage of materials;
(.c) Streets and driveways, except that driveways that are necessary to access any permanent or temporary structure permitted under subsection (.a) above are permitted; 658.1
(.d) Parking lots; and
(.e) Any other directly connected impervious surface (see § 14-203(95) (Directly Connected Impervious Surface), except for recreational trails, which must conform to any design regulations adopted by the Commission.
(.3) Portions of the lot within the waterfront setback area may be counted towards any required open space on the lot.
(.4) Plantings within the waterfront setback may count toward the minimum landscape requirements required by § 14-705 (Landscape and Trees). Any new landscape within the waterfront setback shall use the plantings included on the native and non-invasive planting list in the Philadelphia Stormwater Management Guidance Manual.
(.5) Stormwater management functions, approved by the Water Department, are permitted in the waterfront setback.
(c) Special Controls for the Delaware and Schuylkill Rivers.
(.1) Additional Permitted Uses.
Notwithstanding the provisions of subsection (b)(.2), above, the following additional activities and uses shall be permitted within the waterfront setbacks along the Delaware River and Schuylkill River provided they are permitted by the underlying zoning:
(.a) Marine-Related Industrial;
(.b) Marinas;
(.c) Airport Related Facilities;
(.d) Basic and Major Utilities and Services;
(.e) City-owned facilities of any type.
(d) Transition.
Permits and approvals that are valid on the date this subsection becomes effective shall remain valid until their expiration date. Projects with valid approvals or permits may be carried out in accordance with the development standards in effect at the time of approval, provided that the permit or approval is valid and has not lapsed. No provision of this subsection shall require any change in the plans, construction, or designated use of any structure for which a building permit has been issued prior to the effective date of this subsection. Any re-application for an expired permit or approval, including special exception and regulated use approvals, shall meet the standards in effect at the time of re-application.
Notes
| 657 | |
| 658 | Amended, Bill No. 190811-A (approved December 30, 2019). |
| 658.1 | Amended, Bill No. 200628 (approved March 29, 2021). |