Wetlands. Such areas shall not be altered, regraded, filled, piped, diverted or built upon except where state and federal permits have been obtained.
(1) Delineation.
(a) Wetlands boundaries shall be delineated through an on-site assessment, which shall be conducted by a professional soil scientist or others of demonstrated qualifications. Such a person shall certify that the methods used correctly reflect currently accepted technical concepts, including the presence of wetlands vegetation, hydric soils and/or hydrologic indicators. A study shall be submitted with sufficient detail to allow a thorough review by the Township. The study must be approved by the Board of Supervisors on the recommendation of the Township Engineer.
(b) In the event that a wetlands delineation validated by the United States Army Corps of Engineers is shown to vary from the wetlands boundary derived from Subsection (1)(a) above, the Corps' delineation will govern.
(2) Federal and state regulations.
In addition to the requirements above, any applicant proposing a use, activity or improvement which would entail the regrading or placement of fill in wetlands shall provide the Township with proof that the Pennsylvania Department of Environmental Protection (Bureau of Dams and Waterway Safety and Bureau of Water Quality Management) and the United States Army Corps of Engineers have been contacted to determine the applicability of state and federal wetland regulations.
Application of natural resource protection standards.
Plan information.
In order to meet the natural resource protection standards of
§ 500-2601: Natural resource protection standards of this chapter, the following information is required to be provided with an application for a subdivision or land development plan:
(1) A site plan which illustrates all natural resources on the site and the proposed use on the site.
(2) All encroachments and disturbances necessary to establish the proposed use on the site.
(3) Calculations which indicate the area of the site with natural resources and the area of natural resources that would be disturbed or encroached upon.
Deed restrictions.
For subdivision and land development plans, restrictions meeting Township specifications must be placed in the deed for each site or lot that has natural resource protection areas within its boundaries. The restrictions shall provide for the continuance of the resource protection areas in accordance with the provisions of this chapter. Natural resource protection areas may be held as common open space in accordance with the requirements of
§ 440-423D of
Chapter 440: Subdivision and Land Development, or in the ownership of individual property owners. For this latter form of ownership, it shall be clearly stated in the individual deeds that the maintenance responsibility lies with the individual property owner.
See
§ 500-2601H for more information on wetlands protection.