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Section 5-901 As authorized in this Article, the Planning Commission may impose conditions on a Wetland Use Permit if those conditions are designed to remove an impairment to the
wetland benefits, to mitigate impact of the project, or otherwise improve water quality.
Section 5-902 Mitigation, by replacement of wetland resources, shall be required unless the Planning Commission determines, by a preponderance of evidence provided by the applicant, that the impact of the proposed activity on the wetland will cause only minimal adverse environmental effects when performed separately, and will have only minimal cumulative adverse effect on the environment. (Note: For example projects of minimal adverse impact may include docks and boardwalks.)
Section 5-903 In developing permit conditions to mitigate wetland impacts, the Planning Commission shall consider mitigation to apply only to unavoidable impacts that are otherwise permitable according to this section. Mitigation shall not be considered when it is feasible and prudent to avoid or minimize impacts, or when the impacts would otherwise be prohibited.
Section 5-904 The applicant may submit a mitigation proposal with the application. The Planning Commission may require the applicant to submit a mitigation proposal before making a final decision on the application.
Section 5-905 When considering mitigation proposals, the Planning Commission shall make all of the following determinations:
1. That all feasible and prudent alternatives have been made to avoid the loss of wetland resource values.
2. That all practical means have been considered to minimize impacts.
3. That it is practical to replace the wetland resource values which will be unavoidably impacted.
Section 5-906 The following criteria shall be considered when reviewing an applicant's mitigation proposal:
1. Mitigation shall be provided on-site where practical and beneficial to the wetland resources. If mitigation on-site is not practical and beneficial, mitigation in the immediate vicinity of the permitted activity may be considered. In all cases, mitigation shall be provided within Forest Home Township.
2. Any proposal shall assure that upon completion, there shall be no net loss to the wetland resources.
3. The proposal shall give consideration to replacement of the predominant functional values lost within the impacted wetlands.
4. Any mitigation activity shall be completed before initiation of
other permitted activities, unless a phased concurrent schedule can
be agreed upon between the Forest Home Township Planning Commission
and the applicant.
5. Monitoring to establish documentation of the functional performance
of the mitigation shall be required as a permit condition, as well
as necessary corrective actions required, to deliver the wetland
resource values identified.
Section 5-907 Wetland impact mitigation and monitoring plans shall become conditions of the wetlands permit.
Section 5-908 All costs for preparing and carrying out mitigation and monitoring plans shall be the responsibility of the applicant.
Section 5-909 To ensure that mitigation plans are carried out properly,
the Planning Commission may, at its discretion, require an applicant
to obtain a performance bond satisfactory to the Planning Commission.
Upon acceptable completion of the wetland mitigation, the Township
will authorize refund of the bond to the applicant Furthermore, the
Planning Commission may, at its discretion, require wetland mitigation
(i.e. wetland creation) to be successfully completed prior to commencing
permit authorized wetland activities.