(A) Permits or approvals may be required for activity within or adjacent to a waterway from the State Department of Environmental Protection, the Army Corps of Engineers, the Federal Emergency Management Agency or other entities.
(B) Any street, driveway or utility crossing of a stream shall be approximately perpendicular to the stream, to the maximum extent feasible. As part of any street, driveway or utility construction within or adjacent to a stream, the applicant shall complete remedial measures to mitigate the impact upon the stream, including planting of trees and thick lower-level vegetation and use of best management practices.
(C) All lots adjacent to streams and wetlands shall contain a contiguous lot area that meets the minimum lot area required for that use and district exclusive of the stream and/or wetland area. If no alteration is proposed of any areas within 300 feet of hydric soil areas and other suspected wetland areas, then a detailed wetland delineation and a deletion of wetlands from minimum lot area is not required by this zoning chapter.
(D) (1) All areas within 50 feet from the top of the primary bank of a stream, natural lake or pond, or wetland shall not be occupied by any of the following: a building, vehicle parking or business outdoor storage.
(2) Setback shall not apply to wetlands that the applicant proves to the satisfaction of the Township Engineer were clearly human-made, such as within detention basins or human-made drainage ditches constructed as part of an approved subdivision or land development plan.
(E) Vegetation.
(1) Where existing trees and/or shrubs are removed from lands that are less than 50 feet from the top of the primary bank of a stream or natural lake or pond, as part of, or in preparation to, a subdivision, land development or permitted construction of a new building, then new trees and shrubs shall be planted and maintained.
(2) The new trees and shrubs shall have the same or better impact upon controlling erosion and filtering pollutants from runoff as the trees and/or shrubs that were removed.
(3) Mature healthy trees shall only be removed within this 50-foot wide area as part of a development where there is no feasible alternative, such as to allow a utility crossing.
(4) Publications of the Pennsylvania Department of Conservation and Natural Resources (including Stream ReLeaf) and/or other governmental or non-profit organizations shall be used as standards for the planting of the buffer. These publications include recommended species. During the time period of any maintenance agreement with the developer, the developer shall replace any such trees or plants that do not survive within 100 days afterwards. If such trees and plants do not survive beyond the maintenance agreement time period, they shall be replaced within 100 days afterwards by the current owner of the property.
(Ord. 126, passed 3-18-2010)