A.
Should the existence of wetlands be indicated per § 73-11H of Article III, Conservation Plan Requirements, for any earth disturbance or land disturbance activity, regardless of nature or extent, a wetlands delineation in accordance with the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, dated January 10, 1989, or as later amended, shall be performed by a licensed professional engineer, hydrogeologist, soil scientist or similarly qualified professional experienced in wetlands ecology, selected by the applicant, for those areas undergoing land disturbance within 100 feet of an indicated wetland on the property. Plans shall be submitted to the Township for review which show the delineation and indicate any disturbance of wetlands anticipated. The qualifications of the consultant performing the delineation shall be submitted with such plans.
B.
Should the Township Engineer or other environmental
consultant engaged by the Township to review the applicant's plan
dispute the delineation performed by the applicant, the Township Engineer
or Township consultant and applicant may, through joint site inspections,
arrive at a mutually agreeable boundary. All costs for such work shall
be borne by the applicant. The Township shall, at no time, be held
accountable for any additional boundary modifications imposed by state
or federal agencies. The results of all joint site inspections shall
be reported to the Planning Commission and the Board of Supervisors.
C.
Should the applicant and Township not agree on a delineation,
the applicant may appeal to the appropriate regulatory agencies, including
but not limited to the Army Corps of Engineers and the Pennsylvania
Department of Environmental Resources, for boundary confirmation.
Further, unless it is clearly evident in such plans and/or by any
field review of the Township Engineer or Township consultant that
no disturbance to the designated wetlands is anticipated, the delineation
performed shall be submitted to the appropriate regulatory agencies,
including but not limited to the Army Corps of Engineers and the Pennsylvania
Department of Environmental Resources, for requisite wetlands permits
or waivers pursuant thereto. All potential impacts on wetlands shall
conform to applicable regulations, as amended.
Should the Township conclude per § 73-11H of Article III, Conservation Plan Requirements, that wetlands exist on the site, contrary to the applicant's findings, the Township shall, at its discretion, request that either the Army Corps of Engineers, Pennsylvania Department of Environmental Resources or the United States Fish and Wildlife Service verify the Township's findings. In the event that such agencies verify the Township's findings, the applicant will be required to perform a delineation per the requirements of § 73-14 above and to secure any required wetlands permits or waivers pursuant thereto, unless the applicant's activity clearly will not impact existing wetlands. Where wetlands exist and disturbance permits or mitigation activities are required, final plan approval or granting of applicable permits from the Township shall be contingent upon the applicant receiving all necessary wetlands permits or waivers pursuant thereto and/or the approval of the Township Engineer.
