§ 255-33.   Permitted and prohibited uses and activities in riparian corridor.
[Added 12-13-2022 by Ord. No. 22-1377]
   A.   Technical terminology used in this article shall be interpreted to the meanings used by recognized sources and experts in the fields of forestry, wood land or meadow management, streambank protection, wetlands management, and control, or other relevant fields.
   B.   No land disturbance shall be permitted within any except as permitted below:
      (1)    uses such as wildlife sanctuaries, nature preserves, forest preserves, fishing areas, passive areas for public or private parklands, and reforestation.
      (2)   Customary agricultural practices in accordance with a soil conservation plan approved by the Montgomery County Conservation District and a nutrient management plan in accordance with state requirements, if applicable.
      (3)   Regulated activities permitted by the Pennsylvania Department of Environmental Protection and the Township for stream or wetland crossing or other encroachment (i.e., farm vehicle and livestock, recreational trails, roads, and sewer or waterlines, and utility transmission lines), provided that any disturbance is offset by improvements as approved by the Township.
      (4)   Vegetation management in accordance with a stream bank stabilization plan or an approved landscape or management plan.
      (5)   Naturalized stormwater management facilities, provided the entire facility is located a minimum of 50 feet from the defined top of bank, high water mark, or wetland limit, and situated outside the 100-year .
      (6)   The following passive and active recreational areas, provided they are designed in a manner that they will not permit concentrated flow of stormwater runoff:
         (a)   Camps.
         (b)   Campgrounds.
         (c)   Picnic areas.
         (d)   Golf courses.
         (e)   Ballfields.
         (f)   Playgrounds and courts.
         (g)   Trails and paths.
   C.   Prohibited uses. Any use or activity not authorized under Subsection A. above shall be prohibited within the . The following activities and facilities are specifically prohibited:
      (1)   Clear-cutting of trees and other vegetation.
      (2)   Selective cutting of trees and/or the clearing of other vegetation, except where such clearing is necessary to prepare land for a use permitted under Subsection A. above or where removal is necessary as a means to eliminate dead, diseased or hazardous trees. Removal is subject to revegetation by native plants that are most suited to the .
      (3)   Storage of any hazardous or noxious materials.
      (4)   Use of fertilizers, pesticides, herbicides, and/or other chemicals in excess of prescribed industry standards or the recommendations of the Montgomery County Conservation District and the Township.
      (5)   Roads or driveways, except as permitted as corridor crossings by the Pennsylvania Department of Environmental Protection and the Township under § 255-33.B.(3).
      (6)   Parking lots.
      (7)   Any type of permanent structure, including fences, with the exception of split-rail fences.
      (8)   Subsurface sewage disposal areas.
      (9)   Sod farming
      (10)   Stormwater basins, including berms and outfall facilities.
   D.   Nonconforming buildings, structures, and uses shall be regulated under the provisions of Article XX - Nonconforming Uses.
   E.   Vegetation of riparian area. In cases where a and/or is proposed, planting or replanting of the shall be required where there is little or no existing streamside vegetation. Native vegetation approved by the Township must be used in replanting efforts. Three layers of vegetation are required when replanting the . These layers include herbaceous plants that serve as ground cover, understory shrubs, and trees that form an overhead canopy. The vegetation plan shall be prepared by a qualified professional such as a landscape architect or engineer and shall comply with the following minimum requirements:
      (1)    . consisting of a 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 includes native herbs and forbs, exclusive of noxious weeds or invasive plants as defined by the Pennsylvania Department of Agriculture. This twenty-five-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 the maintenance instructions stated on the plan.
      (2)   Trees and shrubs. These planting layers include trees that form an overhead canopy and understory shrubs. Overstory trees are deciduous or evergreen trees that include oak, hickory, maple gum, beech, sycamore, hemlock, pine and fir. Evergreen and deciduous shrubs should consist of elderberry, viburnum, azalea, rhododendron, holly, laurel and alders. These plants shall be planted in an informal manner and at a rate of at least one overstory tree and three shrubs for every 20 linear feet of stream or waterway.
      (3)   Exceptions. These planting requirements shall not apply to existing farm fields located within the riparian buffer if farming operations are to be continued and the required nutrient management plan is met.