Protection of Wetlands, Surface Waters and Riparian Areas.
If a reasonable doubt exists whether a portion of a site would meet the federal and/or state definition of a "wetland," any applicant is required to provide a wetlands delineation study by a qualified professional for review. A description of the qualifications of the person who accomplished the delineation shall be provided to the Township in addition to the full study for review and approval.
The initial width determination of any zero disturbance riparian buffer corridor and the subsequent identification on any plan that is submitted to the Township for subdivision, land development or any other regulated activity requiring a permit shall be the responsibility of the property owner, developer or a duly appointed representative. The submission of such findings and determination shall be subject to the review and approval of the Township.
This zero disturbance buffer shall protect existing or promote new growth in riparian areas and zones abutting surface waters. In the cases of a stream, creek, brook or other moving water body, the buffer shall be applied to both sides from the edge of the resource feature, as seen in the Lower Macungie Design Guidelines. Any proposed plantings in this riparian buffer zone shall be proposed in a planting or seeding schedule constituting native species to be reviewed and approved by the Township.
A wetland and surface water resource setback of 25 feet from the edge of the zero disturbance riparian buffer shall apply to all delineated wetlands, confirmed vernal pools and surface waters within the Township. Any proposed work or disturbance in this setback must be designed on a plan by a qualified design professional and submitted to the Township for review and approval. Any proposed plantings in this riparian buffer zone shall be proposed in a planting or seeding schedule constituting native species to be reviewed and approved by the Township.
A. The plan must show all proposed work, limit of disturbance, all proposed phasing, compliance with all state and federal regulations, and means of full restoration following disturbance of the resource area. No primary use structures shall be located within this setback, per the sketch in Subsection
9.
B. In no circumstance shall disturbance of the resource setback, either permanent or temporary, create a lasting negative impact to the wetland, vernal pool or surface water area under the purview of currently accepted environmental science standards. A lasting negative impact shall be constituted as:
(1) Degradation of native floral or fauna habitat.
(2) Any deviation from the required standards of a currently approved regulation of this chapter, state or federal law or from any adopted regional or local plan.
(3) Any increase in water runoff that would result in increased erosion and sedimentation deposit within the resource setback or at the wetland, vernal pool or surface water principal to the resource setback.
(4) Loss of preexisting vegetative canopy protecting the resource area from direct sunlight or glare.