[Ord. No. 247-2018, 9/17/2018]
The standards and requirements of this Part are intended to
provide appropriate levels of protection to those natural features
within the Borough that represent significant resource opportunities
to the Township and its surrounding region or which, when subject
to undue disturbance, may constitute threats to public health, safety,
and welfare. It shall be a violation of this Part to regrade, fill,
pipe, divert, channel, build upon, or otherwise alter or disturb a
natural resource protected by this Part prior to the submission, review,
and approval of an applicable application for zoning or building permit(s),
conditional use or special exception approval, zoning variance, or
subdivision or land development plan(s).
[Ord. No. 247-2018, 9/17/2018]
[Ord. No. 247-2018, 9/17/2018]
A.
Statement of Intent. The purpose of this Section is as follows:
1.
To protect the public health, safety and welfare through the preservation
of the groundwater resources of the public water supplies owned and
operated by the Honey Brook Borough Authority, (hereinafter referred
to as the "Authority"), a municipal authority duly established by
the Borough.
2.
To ensure a future supply of safe, reliable, and healthful drinking
water for the residents of the Borough and the Township. The designation
of the Wellhead Protection District and the regulation of activities
within such Wellhead Protection District will reduce the potential
for ground and surface water contamination and thereby preserve irreplaceable
groundwater resources. The delineation of the Wellhead Protection
District and the development of the provisions of this Section are
based upon a professional study of the hydrogeology and other features
of the Borough and the Township and certain nearby municipalities.
3.
Preserve the Township's natural features and groundwater aquifers.
B.
Establishment and Delineation of Wellhead Protection District and
Wellhead Protection Zones.
1.
The Wellhead Protection District shall be defined as that area within the corporate boundaries of the Borough as is set forth as an appendix attached to this chapter, marked as and incorporated herein by reference thereto (the "WPD Map").
2.
Within the Wellhead Protection District, the following Wellhead Protection
Zones are hereby established:
a.
Zone 1 shall be that area marked on the WPD Map as Zone 1, which
Zone 1 represents a protective zone immediately surrounding a community
water supply well, which shall be a maximum radius of 400 feet.
b.
Zone 2 shall be that area marked on the WPD Map as Zone 2, which
Zone 2 represents an area determined by methods applicable to that
hydrogeologic setting, as having a 10-year time-of-travel of groundwater
supply to public well sites.
c.
Zone 3 shall be that area marked on the WPD Map as Zone 3, which
Zone 3 represents the area that contributes surface and groundwater
to Zone 2.
C.
Boundary Disputes.
1.
Where the boundary of any Zone divides any property, the entire property
shall be considered to lie within the Zone offering the highest degree
of protection to groundwater resources.
2.
Should any person challenge the boundary of Zones 1, 2 or 3, it shall
be the responsibility of that person to retain a recognized professional
with competence in the field to determine more accurately the precise
boundary of the disputed area.
3.
The final boundary to be used will be determined by the Borough Engineer
with assistance from the Authority Engineer and/or a professional
hydrogeologist, as appropriate.
4.
The applicant shall bear the burden of proof and be responsible for
all fees incurred as may be set forth by resolution.
D.
Relationship to Other Parts and Ordinances.
1.
The provisions of the WHP - Wellhead Protection District creates
an overlay district which is applicable within the zoning districts
established by this Chapter and shown on the map in "Exhibit 27-24-A".
2.
To the extent the provisions of this Section are applicable and more
restrictive, they shall supersede conflicting provisions in any other
Part of this Chapter and all other Ordinances of the Borough.
3.
However, all other provisions of this Chapter and all other Ordinances
of the Borough shall remain in full force and effect.
E.
Regulated Land Uses in the WHP - Wellhead Protection District.
1.
Within the Wellhead Protection District, land uses shall be regulated
as follows:
a.
Lots and tracts of land located within the Wellhead Protection District,
as delineated on Exhibit "27-A," shall be governed by the restrictions
applicable to the Wellhead Protection Zone in which such lots and
tracts of land are located.
b.
Certain land uses within the Wellhead Protection District will be
regulated (hereinafter "regulated land uses") according to the listing
of uses provided in this Section. Certain particular regulated land
uses will be prohibited, or permitted only by a special permit, within
Zone 1, Zone 2, or Zone 3, as applicable.
F.
Uses Permitted in the WHP - Wellhead Protection District.
1.
The following uses are permitted in the WHP - Wellhead Protection
District (all zones).
a.
Transit. The transportation of any hazardous or governmentally regulated
substance through the Wellhead Protection District shall be exempt
from provisions of this Chapter, provided that the transporting vehicle
is in transit through the Wellhead Protection District and further
provided that such transportation is conducted in compliance with
all applicable Federal and State law and regulations.
b.
Residential. To the extent otherwise permitted or regulated by Federal,
State and/or County statutes and regulations, the owners and/or occupiers
of lots and tracts of land which are primarily utilized for the purpose
of single or multi- family residential dwellings are permitted to
utilize and store fuels, hazardous chemicals, pesticides, fertilizers,
inflammable liquids and gases, and toxic and regulated substances
in such quantities and in such manner as is associated with normal
consumer, household use, and such limited utilization shall not be
deemed a regulated land use for the purposes of this Chapter.
G.
Uses Specifically Prohibited in the WHP - Wellhead Protection District.
1.
Zone 1. The following regulated land uses are specifically prohibited
in Zone 1:
a.
Bulk storage of regulated substances (i.e., meaning any substances
regulated under Federal, State or County environmental, pollution
control, hazardous substance and drinking water laws and regulations).
b.
Dry cleaning establishments; coin or commercial laundries.
c.
Gasoline station.
d.
Heavy manufacturing uses.
e.
Junkyards.
f.
Land application of wastewater and sludges.
g.
Livestock animals in excess of 25 animal equivalent units per acre
in yarding areas.
h.
Metal plating establishments.
i.
Open burning sites (not including the open burning of common household
waste as permitted by State law and DEP regulations) and dumps.
j.
Quarries and mining operations.
k.
Road salt stockpiles.
l.
Fuel sales.
m.
Fuel storage.
n.
Sanitary landfill.
o.
Sewage treatment facilities with on-site disposal of primary or secondary
treated effluent in excess of 5,000 GPD.
p.
Storage and mixing of regulated substances.
q.
Use which involves as a principal activity the manufacture, storage,
use, transportation, or disposal of regulated substances.
r.
Use which involves use or storage of regulated substances in quantities
greater than those associated with normal household use.
s.
Used motor vehicle sales area.
H.
Uses Permitted by Special Permit Issuance in the WHP - Wellhead Protection
District. The following regulated land uses are permitted by issuance
of a special permit within Zone 3 only:
1.
All regulated land uses mentioned in subsections G.1.a through G.1.i.
and G.1.j through G.1.s above.
I.
Reporting Requirements for New Uses.
1.
As to each lot or tract of land located within the Wellhead Protection
District, upon which there is conducted a regulated land use, the
record owner thereof shall submit, or cause to be submitted, to the
Borough Engineer the following reports and information in the manner
prescribed:
a.
Copies of all Federal, State and County operational approvals, certificates,
permits and applications, on-going environmental reports and monitoring
results, relating to environmental, pollution control, hazardous substance
and drinking water laws and regulations pertaining to such lot or
tract of land, as and when required to be submitted to Federal, State
and County governmental authorities.
b.
In the event that any contaminants and/or substances regulated under
Federal, State or County environmental, pollution control, hazardous
substance and drinking water laws and regulations are released on
or from any lot or tract of land within the Wellhead Protection District,
copies of any and all notices, reports and documents which such owner
filed, or caused to be filed, with any Federal, State and/or County
governmental authorities which provide notice of or relate to such
release, as and when such notices, reports and documents are required
to be filed with such governmental authorities.
c.
Copies of all notices, orders, rules, decisions, recommendations,
enforcement actions and similar documentation, as and when received
by or on behalf of such record owner or the occupant of any such lot
or tract of land from any Federal, State or County governmental authority
in connection with the enforcement of environmental, pollution control,
hazardous substance and drinking water laws and regulations.
J.
Administration.
1.
The Borough Engineer is hereby designated as the Borough official
responsible for the administration and enforcement of this Section.
The Zoning Hearing Board of the Borough shall hear appeals from the
written determinations and orders of the Borough Engineer regarding
applications, enforcement notices, cease and desist orders and other
matters, and shall also hear substantive and procedural challenges
to the validity of this Chapter.
2.
Uses of lots or tracts of land in existence on the date of enactment
of this Chapter which are regulated land uses shall be deemed to be
"nonconforming uses" of land under the terms of this Chapter. Such
nonconforming uses of land may be continued by the present or any
subsequent owner so long as:
a.
Such use is and remains otherwise lawful and in compliance with all
Federal, State, and County environmental, pollution control, hazardous
substance and drinking water laws and regulations.
b.
Such nonconforming use has not been and is not discontinued for a
period of 12 consecutive months.
c.
Such nonconforming use is not, after the date of enactment of this
Chapter, materially altered, changed or expanded.
d.
The record owner of the lot or tract of land on which such nonconforming
use is located is in compliance with the Section of this Chapter regarding
reporting requirements.
e.
Such nonconforming use is not an actual known source of groundwater
contamination.
f.
A regulated land use shall be deemed to be new or materially altered,
changed or expanded if:
i.
The land use which constitutes the regulated land use was not
previously present and conducted upon the lot or tract of land in
question.
ii.
The production and/or storage capacity of the regulated land
use is increased.
iii.
The types of substances which give rise to the regulated land
use are changed;
iv.
The number of types of any substances which give rise to the
regulated land use is increased.
v.
The quantity of any substances which give rise to the regulated
land use is materially increased.
3.
Following the date of enactment of this Chapter, regulated land uses
which are new or which constitute material changes, alterations or
expansions of nonconforming regulated land uses will be prohibited
in accordance with the terms of this Section thereby prohibiting such
regulated land uses or permitting such regulated land uses only upon
the granting of a special permit. Any regulated land use which is
permitted to be conducted within the Wellhead Protection District
as a result of the granting of a special permit in accordance with
the terms of this Chapter and other Borough regulations shall not
be deemed to be a nonconforming use of the land under the terms of
this Chapter, but shall without further action be considered a land
use which is in conformity with the terms of this Chapter.
4.
As to any new regulated land use or any proposed material change,
alteration or expansion of a regulated land use which is a nonconforming
regulated land use and as to which such regulated land use is permitted
to be conducted within the applicable Wellhead Protection Zone upon
the granting of a special permit, such special permit shall only be
granted upon the following conditions:
a.
Such regulated land use is one which is specifically authorized as
a special permit use in the Wellhead Protection Zone in question,
as set forth in this Section.
b.
Such regulated land use will not, during construction or thereafter,
cause the degradation of the groundwater quality upon or beneath the
lot or tract of land in question, or upon or beneath adjacent lots
or tracts of land, the degree and extent of which degradation is or
would be violative of safe drinking water standards promulgated by
Federal, State or County governmental authorities.
c.
Satisfactory evidence has been provided to the Borough's Engineer,
or Zoning Hearing Board, as applicable, that the proposed regulated
land use is in compliance with all Federal, State and County laws
and regulations applicable to such regulated land use and the record
owner or occupant has received all necessary approvals of Federal,
State and County governmental authorities for the conduct of such
regulated land use.
d.
Application for a special permit shall be made to the Borough Engineer
in writing on such form as may be prescribed by the Borough Engineer
and approved by resolution of the Borough Council and such application
shall include, at a minimum, a detailed description of each of the
activities to be conducted upon the lot or tract of land in question
which constitute a regulated land use, including a listing of all
substances which are to be stored, handled, used or produced in connection
with each regulated land use being proposed and which substances are
subject to regulation by Federal, State and/or County governmental
authorities.
e.
The Borough Engineer shall issue a written determination approving
or disapproving the application for a special permit, or conditioning
the granting of the special permit upon adherence to any or all of
the following requirements by the applicant for the special permit,
where the Borough Engineer has found that such adherence is reasonably
necessary to fulfill the groundwater protection purposes of this Chapter.
f.
The installation of adequate containment facilities and systems so
as to prevent the contamination of groundwater by substances regulated
by Federal, State and/or County governmental authorities.
g.
The preparation, filing (with the Borough Engineer) and periodic
revision of an emergency plan addressing the means by which any potential
contamination of groundwater will be controlled, collected and remediated,
including emergency contacts and identification of potential contaminants.
h.
Regular inspection and/or monitoring, by the owner, occupant, the
Borough Engineer and/or third parties (including the Authority), of
the regulated land use.
i.
Compliance by the applicant with the provisions of the Borough Subdivision and Land Development Ordinance [Chapter 22] and Borough Stormwater Management Ordinance [Chapter 20] then in effect pertaining to sanitary sewage disposal, water supply, stormwater management, utilities and easements and subsurface carbonate areas.
K.
Applications to the Borough Engineer for a special permit under this
Section, as well as written determinations of the Borough Engineer
and appeals from the written determinations of the Borough Engineer
to the Borough Zoning Hearing Board and appeals to the courts of the
Commonwealth of Pennsylvania, shall be subject to the same procedural
(but not substantive) rules as are applicable to applications for
special exceptions under the terms of this Chapter in effect at the
time the application is filed.
L.
Fees. The Borough Council shall, from time to time, establish by
resolution a schedule of fees, charges and expenses and collection
procedures for special permits, costs of review and inspection, appeals
and other matters pertaining to this Section. The schedule of fees
shall be available for inspection in the Borough Hall. An application
will not be considered to be complete until all applicable fees, charges
and expenses have been paid in full.
[Ord. No. 247-2018, 9/17/2018]
[Ord. No. 247-2018, 9/17/2018]
A.
Findings of Fact.
1.
Riparian buffers, particularly forested buffers, prevent stream bank
erosion; protect natural stream morphology (i.e., broad meanders with
maximum stream bottom habitat); remove excess nitrogen, phosphorus
and sediment from surface water run-off; reduce downstream flooding;
provide thermal protection to adjoining streams, wetlands, and water
bodies; provide food and habitat for wildlife; provide food and habitat
for fish and amphibians; form corridors for habitat conservation and
greenways; and protect associated wetlands.
2.
Forested riparian buffers in headwaters (first-order streams) generate
high levels of organic inputs directly from land to water, which in
turn maximize in-stream processing functions that provide the "fuel"
needed for downstream energy and nutrient processing.
3.
The Borough is committed to improving the water quality of its streams,
creeks, rivers, and other water bodies and is required by the federal
Environmental Protection Agency and the Pennsylvania Department of
Environmental Protection to have a plan for improving water quality
and to implement that plan in a timely manner.
B.
Intended purpose. It is the purpose of this section to promote the
public health, safety and general welfare and to minimize impacts
to forested riparian resources. In furthering that purpose, the specific
intent of this section is:
1.
To conserve, protect, and restore natural riparian resources through
scientifically supported processes.
2.
To maintain and improve surface water quality by reducing the entry
of detrimental substances, including nutrients, sediment, organic
matter, pesticides, and other harmful substances that reach watercourses,
wetlands, and surface and subsurface water bodies.
3.
To reduce the entry of detrimental substances by restricting development
and uses in riparian areas that intercept surface water runoff, wastewater,
subsurface flow and deep groundwater flows from upland sources and
where the processes of filtration, deposition, absorption, adsorption,
plant uptake, sediment and phosphorus attenuation, denitrification
and infiltration may occur; encouraging sheet flow and minimizing,
mitigating and preventing concentrated flows of storm water runoff
across riparian areas, and securing increased channel and bank stabilization
that avoids stream bank erosion and associated water quality, quantity
and flow harms.
4.
To reduce adverse aquatic health impacts due to changes in the temperature
of receiving waters (both temperature increases and temperature decreases)
as a result of storm water runoff, loss of vegetation shading and
direct discharges to water bodies.
5.
To enhance in-stream processing of nutrients and pollutants such
as pesticides and reduce the downstream movement of pollutants, including
a reduction in flooding and reduction of soil loss.
6.
To improve and maintain the safety, reliability and adequacy of the
water supply for domestic, agricultural, commercial, industrial and
recreational uses along with sustaining diverse populations of aquatic
flora and fauna.
7.
To provide wildlife habitat, protect native plant species, and provide
opportunities for passive recreation and conserve scenic and recreation
areas within and adjacent to riparian areas.
8.
To conserve headwater areas, groundwater recharge zones, floodway,
floodplain, springs, seeps, streams, wetlands, woodlands, prime wildlife
habitats and other features that provide recreational value or contain
natural amenities, whether on developed or undeveloped land.
9.
To integrate with floodplain, steep slope, wetlands, and woodland
protection ordinance provisions as well as other ordinance requirements
contained herein that regulate environmentally sensitive areas to
minimize hazards to life, property and the environment.
10.
To regulate the use, siting, engineering and maintenance of all development
to be consistent with the purposes and intent of this section and
accepted conservation easement practices and to work with the carrying
capacity of existing natural resources.
11.
To minimize the financial burden imposed on the community, its governmental
bodies and individuals when having to mitigate the effects of increased
soil run-off into creeks, streams, and rivers due to disturbance or
loss of forested riparian resources in the Borough.
C.
Riparian Buffer Delineation.
1.
The riparian buffer area shall extend a minimum total width of seventy-five
(75) feet from the edge of a water body and is further delineated
as follows:
a.
The riparian buffer area will begin at each edge of a water body
and shall extend landward a minimum width of seventy-five (75) feet,
measured horizontally on a line perpendicular to the nearest edge
of the water body, as reviewed and approved by the Borough engineer.
b.
There shall be a reduced buffer width for isolated wetlands and water
bodies. Wetlands and water bodies not located along a watercourse,
where the wetland or water body is greater than 5,000 square feet
in area, shall have a minimum buffer width of fifty (50) feet, measured
from the edge of the wetland or water body around the entire perimeter.
D.
Uses Permitted and Uses Expressly Prohibited in Riparian Buffer Areas
1.
The following uses or activities are permitted by right in riparian
buffer areas:
a.
Wildlife sanctuaries, nature preserves, forest preserves, fishing
areas, passive areas of public and private parklands.
b.
Temporary stream restoration projects, stream bank restoration projects
and vegetation restoration projects to restore the stream or riparian
zone to an ecologically healthy stage utilizing natural channel design
practices to the greatest degree possible. The project duration and
timing shall be subject to Zoning Officer approval.
c.
Stream crossings for farm vehicles and/or livestock on existing farms
if part of a federal, state, and/or county conservation district and/or
local nonprofit riparian buffer improvement project.
d.
Provision for stone-dust or natural trail and related trail access
when resulting in minimum disturbance to existing trees and shrubs.
e.
Research and monitoring devices, such as staff gages, water recording,
water quality testing, cross vanes, weirs and related demonstration
facilities.
f.
Within the outer fifty (50) feet of a riparian buffer area, Timber
harvesting operations subject to provisions within this Code regulating
such activities.
2.
The following uses or activities are permitted if approved by Special
Exception by the Zoning Hearing Board for riparian buffer areas:
a.
Structures that, by their nature, cannot be located anywhere except
within the riparian buffer. These structures shall include docks,
boat launches, public water supply intake structures, facilities for
domestic water quality treatment and purification and public wastewater
treatment plant sewer lines and outfalls. The structures shall provide
for the minimum practicable disturbance of the riparian buffer by
minimizing size and location and by taking advantage of collocation,
if possible.
b.
Road crossings (when perpendicular to the stream or buffer), bridges,
culverts, utilities, and impoundments.
c.
Paved trail and related trail access when determined by the Zoning
Hearing Board to result in minimum disturbance to existing trees and
shrub.
d.
Stormwater conveyance structures and outfalls.
e.
The grazing of livestock or growing of agricultural crops provided
existing forested riparian buffers are not removed or otherwise impacted.
Such activity shall be restricted to take place only within the outer
fifty (50) feet of a riparian buffer area.
f.
Any other use or activity permitted in the (base) district, provided
that there is no re-grading, filling, or alteration within the inner
fifty (50) feet of the riparian buffer area, and no more than twenty
(20) percent of the outer fifty (50) feet may be re-graded, filled,
or otherwise altered or subject to land disturbance. Uses and activities
permitted by this provision shall not include the establishment of
any impervious surfaces.
3.
The following activities or practices are expressly prohibited in
the riparian buffer area for all water bodies:
a.
Removal or disturbance of vegetation in a manner that is inconsistent
with erosion and sedimentation control and riparian buffer protection.
b.
Storage or discharge of any hazardous or noxious materials, except
those used during emergencies for the treatment and/or maintenance
of any public sewer and public water treatment facilities (i.e., generator
sets or alternative drive units).
c.
Use of fertilizers, pesticides, herbicides, and/or other chemicals,
except:
i.
Where permitted by a valid conservation plan, forest management
plan, or approved planting and maintenance plan as described in this
section; or
ii.
Where utilized by a selective herbicide application by a qualified
professional to control noxious weeds and invasive species of plants
in riparian buffers.
d.
d. Motor or wheeled vehicle traffic in any area not designed to accommodate
adequately the type and volume of vehicles.
[Ord. No. 247-2018, 9/17/2018]
A.
Findings of Fact.
1.
Wetlands are transition zones where the flow of water, the cycling
of nutrients, and the energy of the sun meet to produce a unique ecosystem
characterized by hydrology, soils, and vegetation. A wetland may not
be wet year-round, in fact, some of the most important are only seasonally
wet.
2.
Wetlands provide unique and increasingly rare habitat for plants
and animals. Wetlands help to absorb and slow floodwaters, and absorb
excess nutrients, sediment, and other pollutants before they reach
rivers, lakes, and other water bodies.
3.
Wetlands have environmental and education value for all Borough residents
and visitors.
B.
Intended purpose. It is the purpose of this section to promote the
general health, safety and welfare, and to minimize the loss of wetlands
within the Borough for the value they bring to the Borough, as described
above in the Findings of Fact. In furthering that purpose, the specific
intent of this section is:
1.
To protect wetlands in the Borough from disturbance, environmental
contamination, or loss.
2.
To require applicants to accurately delineate wetlands, and to inform
the Township of the existence of wetlands on a site proposed for future
development.
3.
To inform property owners and developers of possible permit and approval
requirements of the U.S. Army Corps of Engineers and/or the Pennsylvania
Department of Environmental Protection when wetlands are present,
and to inform the Township, for coordination purposes, of such permitting
and approval processes.
4.
To integrate with floodplain, steeply sloped areas, forested riparian
buffers, and woodland protection ordinance provisions as well as other
ordinance requirements contained herein that regulate environmentally
sensitive areas to minimize hazards to life, and property.
5.
To minimize the financial burden imposed on the community, its governmental
bodies and individuals when having to mitigate the effects of increased
soil run-off into creeks, streams, and rivers due to disturbance or
loss of wetlands in the Township.
C.
Compliance. Wetlands shall not be regraded, filled, piped, diverted,
channeled, built upon, or otherwise altered, including for purposes
of access or utility crossings, unless all applicable permits have
been obtained from the required governmental entity, and copy thereof
submitted to the Borough.
D.
Any applicant proposing a use, activity, or improvement which would
entail the regrading or placement of fill in wetlands shall provide
the Borough with proof that the Pennsylvania Department of Environmental
Protection (Bureau of Dams and Waterway Safety and Bureau of Water
Quality Management) and the U.S. Army Corps of Engineers have been
contacted to determine the applicability (jurisdiction) of state and
federal wetland regulations. Any applicant contacted by the Pennsylvania
Department of Environmental Protection or the U.S. Army Corps of Engineers
in regard to wetlands also shall concurrently provide to the Borough
a copy of such correspondence. Where any applicant alleges that a
jurisdictional determination is not required or fails to seek such
determination, the Borough may nevertheless require the submission
of a graphic and narrative wetlands delineation report, consistent
with the submission requirements otherwise necessary for submission
to federal and state agencies for jurisdictional determination.
E.
Where permitted subject to applicable regulation and as otherwise
provided herein, sewers or other liquid transport pipelines shall
only be permitted to cross wetlands on the minimum traversal distance
and where every precaution shall be taken to prevent leaks and to
prevent any possible draining of the wetland (e.g., water flowing
through or along any pipe or trench). At the expense of the applicant,
the Borough may require periodic inspection of applicable systems
and facilities, including but not limited to x-ray of steel welds
and pressure testing of pipelines.
F.
Wetlands shall be staked in the field as part of any subdivision
and/or land development process and prior to any construction upon
the subject property.
G.
Where a jurisdictional determination or full wetland delineation
report is required to comply with state or federal regulations, the
applicant shall provide the Borough with a full wetland delineation
report conducted by a qualified wetland biologist, soil scientist,
or environmental professional of demonstrated qualifications, and
subject to the following additional requirements/certifications:
1.
the Borough may hire a qualified consultant to review the delineation
and recommend revisions at the applicant's expense;
2.
the applicant's hired professional generating the delineation report
shall certify that the methods used correctly reflect the currently
accepted technical concepts, including identification and analysis
of wetland vegetation, hydric soils, and hydrologic indicators. Methods
used in the delineation report shall be acceptable to the Borough
Engineer or other qualified consultant hired by the Borough; and
3.
The wetland report submitted to the Borough shall include a determination
of whether wetlands are present on the site and a full delineation,
area measurement (in square feet), and description of any wetlands
determined to be present.
[Ord. No. 247-2018, 9/17/2018]
[Ord. No. 247-2018, 9/17/2018]
A.
For any use or activity subject to subdivision and/or land development review processes, an applicant may request modifications of the provisions of Section 27-805 of this Chapter. Requested modifications may be granted at the discretion of the Borough Council provided waivers to related applicable provisions within the Subdivision and Land Development Ordinance are being similarly granted as part of the subdivision and/or land development approval process.
B.
Applicants shall provide appropriate documentation in support of
their modification request and the Borough Council may request additional
documentation of an applicant, or of its municipal consultants, to
help reach its decision. In making such decision, the Borough Council
shall consider any objection to the granting of any such modification
by residents of the Borough.
