Section 5-701 In deciding whether to grant a permit to engage in activities listed in this section, the Forest Home Township Planning Commission shall make a determination regarding each of the tests described in this section. A failure by the application to meet one or more of these tests shall cause the permit to be denied.

Section 5-702 Public Interest Test

1. A permit for an activity listed in this section shall not be approved unless the Planning Commission determines that the issuance of a permit is in the public interest, that the permit is necessary to realize the benefits derived from the activity, and that the activity is otherwise lawful.

2. In determining whether the activity is in the public interest, the benefit which reasonably may be expected to accrue from the proposal shall be balanced against the reasonably foreseeable detriments of the activity. The decision shall reflect the national, state, and local concern for the protection of natural resources from pollution, impairment, and destruction. The following general criteria shall be considered:

a. The relative extent of the public and private need for the project. The Planning Commission shall give serious consideration to findings of necessity for the proposed activity which have been made by other agencies

b. The availability of feasible and prudent alternative locations and methods to accomplish the expected benefits from the activity.

c. The extent and permanence of the beneficial or detrimental effects which the proposed activity may have on the public and private uses to which the area is suited, including the benefits the wetland provides.

d. The probable impact of each proposal in relation to the cumulative effect created by other existing and anticipated activities in the watershed.

e. The probable impact on the recognized historic, cultural, scenic, ecological, or recreational values and on the public health or fish and wildlife.

f. The size of the wetland being considered.

g. The amount of remaining wetland in the general area. h. Proximity to any waterway.

i. Economic value, both public and private, of the proposed land change in the general area.

Section 5-703 Unacceptable Impact to Aquatic Resources Test

1. A permit shall not be issued unless it is also shown that an unacceptable disruption will not result to the aquatic resources. In determining whether a disruption to the aquatic resources is unacceptable, consideration shall be given to whether the project will adversely impact the following wetland functions:

a. Flood and storm control by the hydrologic absorption and storage capacity of the wetland.

b. Wildlife habitat by providing breeding, nesting, and feeding grounds and cover for many forms of wildlife, waterfowl, including migratory waterfowl, and rare, threatened, and endangered wildlife species.

c. Protection of subsurface water resources and provision of valuable watershed and recharging ground water supplies.

d. Pollution treatment by serving as a biological and chemical oxidation basin.

e. Erosion control by serving as a sedimentation area and filtering basin;absorbing silt and organic matter.

f. Sources of nutrients in water food cycles and nursery grounds and sanctuaries for fish.

Section 5-704 Wetland Dependency/Alternatives Analysis Test - A permit shall not be issued unless the applicant also shows that the proposed activity is primarily dependent upon being located in the wetland, or shows that a feasible and prudent alternative to accomplish the goals of the project does not exist. (Note: The applicant has the burden of providing the Planning Commission with sufficient facts to make determinations pursuant to this Article.)