In lieu of the above, the Township may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualification who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township.

In cases where more than one source is used, the Flood Hazard District boundary shall consist of the more extensive area between sources subject to the provisions of § 399-13F.

Fulfill the duties and responsibilities set forth in these regulations;

Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees; or

Enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the Township of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 CFR 59.22.

The Floodplain Administrator shall issue a permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.

Prior to the issuance of any permit, the Floodplain Administrator shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended);[3] the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended);[4] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[5] and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.

In the case of existing structures, prior to the issuance of any permit, the Floodplain Administrator shall review the proposed cost of improvements or repairs and the preimprovement market value of the structure, so that a substantial improvement/substantial damage determination can be made, in accordance with FEMA's Substantial Improvement/Substantial Damage Desk Reference.

During the construction period, the Floodplain Administrator or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. He/she shall make as many inspections during and upon completion of the work as are necessary.

In the discharge of his/her duties, the Floodplain Administrator shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this section.

In the event the Floodplain Administrator discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Floodplain Administrator shall revoke the permit and report such fact to the Board of Supervisors for whatever action it considers necessary.

The Floodplain Administrator shall maintain in perpetuity, or for the lifetime of the structure, all records associated with the requirements of this section, including, but not limited to, finished construction elevation data, permitting, inspection and enforcement.

The Floodplain Administrator is the official responsible for submitting a biennial report to FEMA concerning Township participation in the National Flood Insurance Program as requested.

The responsibility, authority and means to implement the commitments of the Floodplain Administrator can be delegated from the person identified. However, the ultimate responsibility lies with the person identified in the Floodplain Ordinance as the Floodplain Administrator/Manager.

The Floodplain Administrator shall consider the requirements of the 34 Pa. Code and the 2009 IBC and the 2009 IRC, or the latest revision thereof as adopted by the Commonwealth of Pennsylvania.

Name and address of applicant.

Name and address of owner of land on which proposed construction is to occur.

Name and address of contractor.

Site location, including address.

Listing of other permits required.

Brief description of proposed work and estimated cost, including, where applicable, a breakout of flood-related cost and the market value of the building before the flood damage occurred where appropriate.

A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.

All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances;

All utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage;

Adequate drainage is provided so as to reduce exposure to flood hazards;

Structures will be anchored to prevent floatation, collapse, or lateral movement;

Building materials are flood-resistant;

Appropriate practices that minimize flood damage have been used; and

Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities have been designed and located to prevent water entry or accumulation.

A completed permit application form.

A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:

Plans of all proposed buildings, structures and other improvements, drawn at suitable scale, showing the following:

The following data and documentation:

Applications for permits shall be accompanied by a fee, payable to the Township based upon the estimated cost of the proposed construction as determined by the Floodplain Administrator.

The start of construction of the proposed construction or development shall be determined in accordance with the definition of that term in § 300-18, Flood Hazard District definitions.

Time extensions shall be granted only if a written request is submitted by the applicant, who sets forth sufficient and reasonable cause for the Floodplain Administrator to approve such a request and the original permit is compliant with the ordinance and FIRM/FIS in effect at the time the extension is granted.

The identified floodplain area shall be:

The Floodway Area shall be those areas identified in the FIS and the FIRM as floodway and which represent the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation by more than one foot at any point. This term shall also include floodway areas which have been identified in other available studies or sources of information for those special flood hazard areas where no floodway has been identified in the FIS and FIRM.

The AE Area/District shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided.

A Area/District.

The AO and AH Area/District shall be those areas identified as Zones AO and AH on the FIRM and in the FIS. These areas are subject to inundation by one-percent-annual-chance shallow flooding where average depths are between one and three feet. In Zones AO and AH, drainage paths shall be established to guide floodwaters around and away from structures on slopes.

Community-identified flood hazard areas shall be those areas where East Brandywine Township has identified local flood hazard or ponding areas, as delineated and adopted on a local flood hazard map using best available topographic data and locally derived information such as flood of record, historic high water marks, soils or approximate study methodologies.

Agriculture, provided no structures are located within the Flood Hazard District. Such activities shall be conducted in accordance with a plan approved by the Chester County Conservation District or in accordance with recognized soil conservation practices approved by the Township.

Recreational use, provided no structures are located within the Flood Hazard District.

Wildlife sanctuary, nature preserve, arboretum.

Sealed water supply wells, water pipelines, and storm and sanitary sewer lines, provided they are designed and constructed to eliminate infiltration of floodwater into the system and discharges from the system into waters of the commonwealth.

Nonstructural accessory uses, including pervious parking, customarily incidental to any of the foregoing permitted uses.

Accessory structures customarily incidental to any of the foregoing permitted uses. Where approved, an accessory structure shall comply with the requirements of § 399-13S(7).

Circuses, festivals, and similar transient amusement enterprises.

Roadside stands and signs.

Railroads, roads, bridges, and utility transmission lines.

Sealed water supply wells and water pipelines.

Storm and sanitary sewer outlets, which shall take the shortest route across the district to the point of discharge.

Grading or fill, provided that the effect is not to alter the cross-sectional profile of the stream basin at the point of the proposed use and will not cause an increase in the base flood elevation.

Dams and impoundment basins where approved by appropriate private and public agencies.

Special exception procedures. Upon receiving an application for approval as a special exception, the Zoning Hearing Board shall, prior to rendering a decision thereon, require the applicant to furnish the following materials to the Board:

Factors to be considered by the Zoning Hearing Board. In deciding upon each application, the Zoning Hearing Board shall consider:

Upon consideration of the factors listed above, and the purposes of this section, the Zoning Hearing Board may attach such conditions to the granting of a special exception permit as it deems necessary to further the purposes of this section. Among such conditions, without limitation because of specific enumeration, may be included:

The commencement of any of the following activities, or the construction, enlargement, or expansion of any structure used or intended to be used for any of the following activities:

The commencement of, or any construction of, a new manufactured home park or manufactured home subdivision or substantial improvement to an existing manufactured home park or manufactured home subdivision.

Manufactured homes.

Removal of vegetation.

Sod framing.

Any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances or which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume or any amount of radioactive substances) of any of the following dangerous materials or substances on the premises:

The construction or expansion of any on-site sewage disposal system or component of such a system.

Storage of flammable or toxic material or any other material which, if inundated, would chemically react, degrade or pollute the stream, or cause damage if swept downstream.

Junkyard.

No variance shall begranted for any construction, development or use that would cause any increase in the base flood elevation. Any impact of the proposed activity or structure on the Flood Hazard District shall be offset by stream improvements.

The granting of a variance will neither:

Notwithstanding any of the above, all structures shall be designed and constructed so as to have the capability of resisting the base flood.

No variance shall be granted for the construction of a jail or prison, nursing home, hospital, manufactured home park, manufactured home subdivision, or other use regulated under the Pennsylvania Flood Plain Management Act of 1978-166, 32 P.S. § 679.101 et seq.

Extend laterally at least 15 feet beyond the building line from all points.

Consist of soil or small rock materials only; sanitary landfills shall not be permitted.

Be compacted and stabilized to provide the necessary permeability and resistance to erosion, scouring, or settling.

Be no steeper than one vertical to two horizontal, unless substantiated data justifying steeper slopes are submitted to, and approved by, the Floodplain Administrator.

Be used to the extent to which it does not adversely affect adjacent properties.

Paints or other finishes used at or below the base flood elevation shall be of water-resistant quality.

Adhesives used at or below the base flood elevation shall be finished with water-resistant paint or other finishing material.

All wooden components shall be finished with a water-resistantpaint or other finishing material.

Electric water heaters, furnaces, air-conditioning and ventilating systems, and other electrical equipment or apparatus shall not be located below the base flood elevation.

Electrical distribution panels shall be at least three feet above the base flood elevation.

Separate electrical circuits shall serve lower levels and shall be dropped from above.

International Building Code (IBC) 2009 or latest edition thereof: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402 and Appendix G.

International Residential Building Code (IRC) 2009 or latest edition thereof: Sections R104, R105, R109, R323, Appendix AEIOI, Appendix E and Appendix J.

Fully enclosed and partially enclosed space below the lowest floor (including basement) is prohibited.

No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities that may be affected by such action have been notified by the Township, and until all required permits or approvals have first been obtained from the Department of Environmental Protection regional office.

No encroachment, alteration, or improvement of any kind shall be made to any watercourse unless it can be shown that the activity will not reduce or impede the flood-carrying capacity of the watercourse in any way.

In addition, FEMA and the Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.

Apply to FEMA for conditional approval of such action prior to permitting the encroachments to occur.

Upon receipt of the FEMA Administrator's conditional approval of map change and prior to approving the proposed encroachments, the Township shall provide evidence to FEMA of the adoption of floodplain management ordinances incorporating the increased base flood elevations and/or revised floodway reflecting the post-project condition.

Upon completion of the proposed encroachments, the applicant shall provide as-built certifications. FEMA will initiate a final map revision upon receipt of such certifications in accordance with 44 CFR 67.

In AE, A1-30, and AH Zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation.

In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with § 399-13M(2)(c) of this section.

In AO Zones, any new construction or substantial improvement shall have the lowest floor (including basement) at or above the highest adjacent grade, at least as high as the depth number specified on the FIRM.

The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC), or the latest edition thereof adopted by the Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa.Code (Chapters 401 through 405, as amended) shall be utilized where they are more restrictive.

In AE, A1-30 and AH Zones, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation, or be designed and constructed so that the space enclosed below the regulatory flood elevation:

In A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with § 399-13M(2)(c) of this section.

In AO Zones, any new construction or substantial improvement shall have the lowest floor elevated or completely floodproofed above the highest adjacent grade to at least as high as the depth number specified on the FIRM.

Any nonresidential structure, or part thereof, made watertight below the regulatory flood elevation shall be floodproofed in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the U.S. Army Corps of Engineers (June 1972, as amended March 1992) or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above-referenced standards. There should be a statement submitted with the permit application and a statement submitted with the as-built floodproofing certificate prior to the issuance of the certificate of occupancy.

Any nonresidential structure that will be floodproofed must submit the following to the Floodplain Administrator along with the nonresidential floodproofing certificate and prior to the issuance of the certificate of occupancy:

The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC), or the latest revision thereof as adopted by the Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa.Code.

Fully enclosed space below the lowest floor (excluding basements) which will be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement shall be designed and constructed to allow for the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term "fully enclosed space" also includes crawl spaces.

Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:

The structure shall not be designed or used for human habitation, but shall be limited to the parking of vehicles, or to the storage of tools, material, and equipment related to the principal use or activity.

Floor area shall not exceed 200 square feet.

The structure will have a low damage potential.

The structure will be located on the site so as to cause the least obstruction to the flow of floodwaters.

Power lines, wiring, and outlets will be elevated to the regulatory flood elevation.

Permanently affixed utility equipment and appliances such as furnaces, heaters, washers, dryers, etc., are prohibited.

Sanitary facilities are prohibited.

The structure shall be adequately anchored to prevent flotation, collapse, and lateral movement and shall be designed to automatically provide for the entry and exit of floodwater for the purpose of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:

Placed on a permanent foundation;

Elevated so that the lowest floor of the manufactured home is at least 1 1/2 feet above base flood elevation; and

Anchored to resist flotation, collapse, or lateral movement.

Water heaters, furnaces, air-conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation and shall be anchored to resist floatation, collapse, and lateral movement.

Ductwork shall be elevated to or above the regulatory flood elevation or floodproofed to remain water-resistant.

The Riparian Corridor Conservation District (RCCD) shall apply to the following watercourses and water bodies and the land adjacent to them:

The minimum width of the Riparian Corridor Conservation District shall be measured horizontally on a line perpendicular to the point of measurement for each watercourse or surface water body as prescribed in Subsection B(2)(a) above. Except as noted in Subsection B(c) below, required minimum widths shall be as follows:

Where the one-hundred-year floodplain extends greater than 100 feet from a regulated watercourse, the Riparian Corridor Conservation District shall extend to the outer edge of the one-hundred-year floodplain. The one-hundred-year floodplain shall be determined by the FEMA Flood Insurance Study for East Brandywine Township or by a hydrologic stream profile analysis, in accordance with the terms of § 399-13C(1)(c) of this article.

Where slopes in excess of 25% are located within the first 50 feet of any designated Riparian Corridor Conservation District, these limitations on use and disturbance shall extend the entire distance of this sloped area or 100 feet, whichever is less.

Where use of the property requires access to a stream by livestock or other large domestic animals, such access shall be confined to designated intervals along the stream corridor, in accordance with a management plan prepared in conjunction with, or approved by, the Chester County Conservation District. This requirement shall not apply to any property on which, as of the date of enactment of this section, livestock or other large domestic animals were raised and/or kept on a continuing basis for agricultural, commercial, equestrian, recreational, or similar purposes.

A trail for pedestrian use only may be retained or established within the first 50 feet of any Riparian Corridor Conservation District, provided:

Any use or activity specifically prohibited by the terms of § 399-13G of this article.

Use of fertilizers, pesticides, herbicides, and/or other chemicals in excess of prescribed industry standards or the recommendations of the Chester County Conservation District.

Motor or wheeled vehicle traffic in any area not designed to accommodate adequately the type and volume.

Parking lots.

Any type of permanent structure, except structures needed for a use permitted under the terms of this section.

A subdivision or land development plan is submitted.

A building permit is requested.

A change or resumption of a nonconforming use is proposed.

That there are unique physical circumstances or conditions, including but not limited to irregularity, narrowness, or shallowness of lot size or shape, excessive frontage along a water body, presence of existing buildings or structures, or exceptional topographical or other physical conditions peculiar to the particular property, that because of such physical circumstances or conditions, it is impracticable for the property to be developed in strict conformity with the buffer requirements of this article and that the approval of the modification is therefore necessary to enable the reasonable use of the property under base zoning provisions.

That the modification, if approved, will result in the minimum reduction in performance of the riparian buffer, pursuant to the purposes set forth in § 399-13.1A, as needed to provide for the lawful intended use.

Minimizing disturbances to vegetative ground covers; and

Restricting the regrading of steep slope areas.

The Steep Slope Conservation District shall have no effect on the permitted uses in the underlying zoning district, except where said uses are intended to be located within the boundaries of the Steep Slope Conservation District, as defined herein, and said uses are in conflict with the permitted uses set forth in this section.

In those areas of the Township where the Steep Slope Conservation District applies, the requirements of the Steep Slope Conservation District shall supersede the requirements of the underlying zoning district(s).

Should the Steep Slope Conservation District boundaries be changed as a result of legislative or administrative actions or judicial decision, the zoning requirements applicable to the area in question shall revert to the requirements of the underlying zoning district(s) without consideration of this section.

For any parcel or any part thereof on which the Steep Slope Conservation District is an overlay, should the underlying zoning classification(s) be changed as a result of legislative or administrative actions or judicial decision, such change(s) in classification shall have no effect on the boundaries of the Steep Slope Conservation District, unless an amendment to said boundaries was included as part of the proceedings from which the subsequent change(s) originated.

As measured over three contiguous contour intervals or not less than six feet; and

Consisting of at least 500 square feet in area.

Each application for construction or land disturbance within the Steep Slope Conservation District shall be submitted in accordance with Subsection E(1) below. Any area of the Steep Slope Conservation District that falls within the subject lot or lots shall be interpolated and shown by the applicant on the site plan required under Subsection E(1)(a)[1] through shading of such area or areas; any area of slope in excess of 25% shall be delineated separately. The site plan shall contain a certification by the registered surveyor or engineer having prepared the plan as to the accuracy of the slopes as depicted on the plan.

Where the exact location of the boundaries of the district in relation to a given parcel is in question, the applicant's topographic survey may be supplemented by any other documentation deemed pertinent. The Township Engineer shall evaluate all such material submitted and make a written report of the results of his determination, a copy of which shall be provided to the Board of Supervisors.

Any party aggrieved by any such determination of the Township Engineer or other decision or determination under this section may appeal to the Hearing Board. The burden of proof, as demonstrated by clear and convincing evidence, shall be on the appellant.

All grading shall be minimized, and no grading shall be undertaken within any area of the Steep Slope Conservation District except where approved in conjunction with a use permitted under the terms of this section.

Finished slopes of all cuts and fills shall be stabilized, and shall be no steeper than 25%.

All lands within the Steep Slope Conservation District that are in excess of 25% slope shall remain in an undisturbed, natural condition. No uses or activities otherwise permitted within the district, as stipulated in Subsection D(2) and (3) below shall be permitted within areas exceeding 25% slope.

Parks and outdoor recreational uses, consistent with the goals of watershed protection.

Grading for the minimum portion of a driveway necessary to access a single-family dwelling when it can be demonstrated by a professional engineer on behalf of the applicant that no other routing which avoids slopes exceeding 20% is feasible.

Accessory uses (excepting swimming pools) necessary for the operation and maintenance of the above permitted uses.

Single-family detached dwellings, when permitted in the underlying district.

Any road necessary to provide primary access to a use permitted by this chapter, when no practical alternative exists in an area of lesser slope. A statement shall be provided by an engineer, on behalf of the applicant, that no practical access alternative exists. Any such road shall be constructed according to the standards of Chapter 350, Subdivision and Land Development.

Sealed public water supply wells and associated water lines and meters and individual private water wells and associated water lines and meters serving only the principal use on the same property, where approved by all regulatory agencies.

Sanitary or storm sewers or individual on-site sewage facilities, where approved by all regulatory agencies.

Before a permit is issued for any construction or land disturbance activity on land within or affecting the Steep Slope Conservation District, the following material, in full or in pertinent parts, shall be submitted for review by the Township Engineer:

No approval or building permit shall be authorized by the Zoning Officer, and no special exception shall be granted by the Zoning Hearing Board, without the Township Engineer's review of this material and his recommendation thereon.

In addition to the prohibition of disturbance to areas in excess of 25% slope, as stipulated in Subsection D(1)(c) above, disturbance to other particularly sensitive features of the site shall be avoided; special emphasis in planning for the site should be given to the protection of:

Disturbance shall be avoided where the length or area of steep slope, both on the site and on adjacent lands within 200 feet of the site, is extensive.

The proposed development, any impervious ground cover, and the resultant disturbance to the land and existing vegetative cover will not cause runoff and/or related environmental problems off the site.

Removal of, or disturbance to, existing vegetation on the site shall be minimized. The proposed impacts on existing vegetation shall be evaluated in terms of the potentially detrimental effects on slope stability, erosion potential, transpiration and recharge of stormwater, aesthetic and traditional characteristics of the landscape, and existing drainage patterns. Mitigation measures may be required by the Board as it deems appropriate.

Important visual qualities of the site shall, to the maximum extent feasible, be retained; in addition to vegetation, these may include hilltops or ridgelines, rock outcroppings, and the natural terrain and contours of the site.

Road construction shall follow the natural topography, with cuts and grading minimized.

Innovative, imaginative building techniques that are well-suited to slope conditions shall be encouraged, consistent with other applicable codes and regulations.

The equilibrium of the slope, as characterized by the existing interrelationships among the soil, water, and vegetation, shall be disturbed as little as possible.

Areas within the Township composed of water hazard soils (i.e., Worsham, Wehadkee, and Chewacla) as shown on the Hydrology Map contained in the Township Comprehensive Plan of 1987, as amended, and that are not contained within any designated Floodplain District as established in § 399-13 of this chapter shall comprise and have the effect of an overlay district on the Township Zoning Map and the provisions of this section shall be supplemental to the applicable provisions with respect to the underlying district.

In the event of a conflict between the requirements of this section and other provisions of this chapter and other applicable laws and regulations, the more restrictive provisions shall apply.

Any use permitted under the terms of § 399-13F(1) and (2).

Accessory uses as permitted by this chapter in the R-1, R-2, and R-3 Residential Districts.

Private driveways, provided that the Township Zoning Officer, in consultation with the Township Engineer, determines that no other access route is reasonably practical, and subject to such conditions and controls as may be reasonably required by the Township.

A wetlands examination and, as appropriate, delineation shall be performed on any site:

The existence of wetlands shall be indicated by any one or more of the following:

Examination of the site shall be performed by a qualified professional, who may be a licensed professional engineer, hydrogeologist, soil scientist, or similarly qualified party experienced in wetland ecology, selected by the applicant.

Note of determination that wetlands are not located on the site.

Should the Township suspect that wetlands exist on the site, contrary to the applicant's findings as documented in Subsection B(2)(b), above, the Township shall, at its discretion, request that either the U.S. Army Corps of Engineers, Pennsylvania Department of Environmental Protection, the U.S. Fish and Wildlife Service, or a qualified professional selected by the Township review the applicant's findings and the basis for the Township's concerns. In the event it is determined that wetlands exist on the site, the applicant will be required to perform a delineation in compliance with the requirements of Subsection B(2)(d), below, and secure any required wetlands permits or waivers pursuant thereto. All costs associated with work necessitated by the terms of this subsection shall be borne by the applicant.

If, after examination of the site, a qualified professional determines that wetlands do exist on the site, a plan shall be submitted to the Township showing the delineation, indicating how the wetlands will be protected, and indicating any areas where disturbance cannot be avoided. The qualifications of the professional who examined the site shall accompany the submission.

Should the Township Engineer or other qualified professional engaged by the Township to review the applicant's plan dispute the delineation performed by the applicant, the Township Engineer or qualified professional and the applicant may, through joint site inspections, arrive at a mutually agreeable boundary. All costs associated with work necessitated by the terms of this subsection shall be borne by the applicant. At no time shall the Township be held accountable for any additional boundary modifications imposed by state or federal agencies. The results of all joint site inspections shall be reported to the Planning Commission and Board of Supervisors.

Should the applicant and Township not agree on a delineation, the applicant may appeal to the appropriate regulatory agencies, including but not limited to the U.S. Army Corps of Engineers, the Pennsylvania Department of Environmental Protection, and the U.S. Fish and Wildlife Service, for boundary confirmation. On the basis of the confirmed delineation, the applicant shall secure the requisite wetlands permits or waivers pursuant thereto from the appropriate regulatory agencies.

All potential impacts on wetlands from the proposed activity shall be addressed in compliance with applicable regulations. Where wetlands exist and disturbance permits and/or mitigation activities are required, final plan approval or issuance of applicable permits from the Township shall be contingent upon the applicant receiving all necessary wetlands permits or waivers pursuant thereto, and/or the approval of the Township Engineer.

Clearly be providing access which is impossible from any other location;

Be designed and constructed to cause minimum disruption of the wetland area; and

Have a plan for the establishment of replacement wetland areas (on or off the site) that are twice the size of those lost to the road, or that will otherwise comply with applicable mitigation requirements imposed by the U.S. Army Corps of Engineers or the Pennsylvania Department of Environmental Protection.

Healthy, well-stocked woodlands. In instances where disturbance or tree-cutting is unavoidable or considered desirable in accordance with sound forest management practice, an effort shall be made, with consultation from a forester or another qualified professional, to retain as much of the woodland as possible, of a size and configuration which would promote its growth and natural regeneration.

Vegetation, other than woodlands, providing wildlife food and cover or visual amenity. This may include, but not necessarily be limited to, single or groups of specimen trees, hedgerows, and other vegetation not considered as woodland. Particular attention shall be directed toward the protection of specimen trees.

All woody vegetation to be retained within 25 feet of a building site, parking area, or other proposed improvement shall be protected from equipment damage by snow fencing or other effective barrier.

Heavy equipment operators shall minimize damage to existing tree trunks and root systems. Roots shall not be cut or disturbed within the area circumscribed by the dripline of any tree.

Tree trunks and exposed roots damaged during construction shall be protected from further damage by fencing or other structural barrier. Treatment of damaged areas shall be dictated by the nature of the injury, e.g., damaged bark should be cut back to a point where the bark is intact and tight to the tree; exposed roots shall be cleaned up and covered with topsoil.

Trees shall not be used for roping, cables, signs, or fencing. Nails and spikes shall not be driven into trees.

The area around the base of existing woody vegetation shall be left open. No storage of equipment, materials, debris, or fill shall be allowed within the dripline of any existing tree.

When digging trenches for utility lines or similar uses, disturbance to the root zones of all woody vegetation shall be minimized.

If trenches must be excavated in the root zone, all disturbed roots shall be cut as cleanly as possible. The trench shall be backfilled as quickly as possible, avoiding soil compaction.