(A) No net loss of wetlands. To the extent feasible there shall be no net loss of regulated wetlands in Williamstown Township. Wherever wetlands loss or alterations affecting the wetlands' resource value are anticipated due to proposed land use activity, mitigation shall generally be required. Mitigation shall not substitute for making all prudent efforts to avoid wetlands loss. Accordingly, prior to considering a proposal for wetland mitigation, the applicant shall provide evidence to demonstrate that:
(1) No reasonable alternatives exist to avoid impact to existing wetlands; and
(2) The resource value of existing wetlands will be maintained through mitigation. The resource value may include flood prevention; wildlife habitat; groundwater resource protection and recharge; pollution treatment; erosion control; nutrient sources; aesthetics; recreation; open space or other resource value associated with the impacted wetland.
(B) Exception to mitigation requirement. The Township Board may waive the mitigation requirement, upon receiving a recommendation from the Township Wetlands Consultant, and making the finding that the loss of wetland resource value will be so small as to make mitigation infeasible and/or unreasonable. For example, mitigation may be infeasible where a driveway crosses the edge of a wetland.
(C) Review of mitigation plans. Mitigation plans shall be submitted to the Township Wetlands Consultant and reviewed with the wetland use permit application in accordance with the procedures outlined in § 152.051.
(D) Review criteria. The following criteria shall be used to evaluate a mitigation plan.
(1) Mitigation shall be provided on-site where practical and beneficial to the wetland resources. If mitigation on-site is not practical and beneficial, then mitigation in the immediate vicinity, within the same watershed, of the permitted activity may be considered. Only if all of these options are impractical shall mitigation be considered elsewhere.
(2) The mitigation plan shall assure that there will be no net loss to the wetland resource values.
(3) The mitigation plan must comply will all applicable federal, state and local laws.
(4) A plan to monitor preserved and replacement wetlands over a minimum of five years must be included with the mitigation proposal. The monitoring plan shall provide a means (financial and technical) to modify the mitigation plan, where necessary, to preserve the resource value of the wetland.
(E) Timing of mitigation. Mitigation activity shall be completed before initiation of other permitted activities, unless the Township Board finds that another schedule would be more appropriate.
(Ord. passed 3-5-2002)
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