§ 152.039. CRITERIA FOR EVALUATING PERMIT APPLICATIONS INVOLVING WETLANDS TWO ACRES OR GREATER.

The criteria to evaluate wetland use permit applications to permit a use listed in § 152.035 are as follows.

(A) A permit for an activity listed in § 152.035 shall not be approved unless the township finds that issuance of the permit would be in the public interest, would be otherwise lawful in all respects, and is necessary to allow reasonable use of the property.

(B) In determining whether an activity is in the public interest, the benefit which reasonably may be expected to accrue from the activity shall be balanced against the reasonably foreseeable detriments of the activity. The decision shall reflect the national, state and local concern for the protection of natural resources from pollution, impairment and destruction, giving consideration to the following:

(1) The relative extent of public and private need for the proposed activity;

(2) The availability of feasible and prudent alternative locations and methods to accomplish the expected benefits from the activity;

(3) The extent and permanence of beneficial or detrimental effects that the proposed activity may have on the public and private uses for which the area is suited, giving consideration to the benefits the wetland provides;

(4) The probable impact of the proposal in relation to the cumulative effect created by other existing and anticipated activities in the watershed;

(5) The probable impact on recognized historic, cultural, scenic, wildlife, ecological or recreational values, and on public health or safety;

(6) Economic value, both public and private, of the proposed activity;

(7) Findings of necessity for the proposed activity by other local, county or state agencies;

(8) Proximity to any waterway; and

(9) The size of the wetland being considered and the amount and quality of the wetland remaining in the general area.

(C) In considering a permit application, the township shall give serious consideration to the findings of necessity for the proposed activity which have been made by state agencies.

(D) A wetland use permit shall not be issued unless it is shown that an unacceptable disruption will not result to the aquatic resources, giving consideration to the above criteria. A permit shall not be issued unless the applicant also demonstrates that:

(1) The proposed activity is primarily dependent upon being located in the wetland;

(2) A feasible and prudent alternative does not exist; and

(3) A proposed mitigation plan will maintain the resource value of the wetlands.

(E) Failure to submit a complete application is sufficient reason for denial of a wetland use permit.

(Ord. passed 3-5-2002)