When the National Wetlands Inventory (NWI) Maps indicate wetlands on a site or when a site contains hydric soils, or an area of predominance of wetlands vegetation, an on-site investigation shall be conducted to determine if wetlands are present on the site. A landowner or an applicant shall use one of the following methods to delineate wetlands:
A. Wetlands must be delineated by a qualified specialist according to the 1989 Federal Manuals (as amended) for the Delineation of Jurisdictional Wetlands (whichever is greater) or according to any subsequent Federal or State regulation. Qualified specialist shall include those persons being Certified Professional Soil Scientists as registered with Registry of Certified Professionals in Agronomy Crops and Soils (ARCPACS); or as contained on consultant’s list of Pennsylvania Association of Professional Soil Scientists (PAPSS); or as registered with the National Society of Consulting Soil Scientists (NSCSS), or as certified by State and/or Federal certification programs. The 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.
B. A jurisdictional determination by the Army Corps of Engineers shall be considered but shall not be the sole determination as to the status of the wetlands where that determination conflicts with a Wetlands Study performed by another qualified wetlands consultant. The Board of Supervisors of the Township shall make the final determination.
C. All wetland delineation studies are subject to review and acceptance by the Township. The Township may require an independent review of the wetland delineation provided by the applicant, with the Township selecting a qualified professional after notification to the applicant, and with the applicant responsible to pay the costs of such review. In the event of a dispute, the delineation that provides the greatest restriction to development or disturbance of the resource applies.
D. Alternatively, an applicant may obtain a waiver of the wetland study requirement by agreeing to the limits of the regulated wetland as determined by the Township.
(Ord. 163, passed 2-28-2012, § 410)