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An analysis needs to be conducted to ensure that no economically feasible alternative is available, and that the project is either necessary for flood control, or significantly improves the water quality or habitat in the stream.
In new developments, on-site and non-structural alternatives will be preferred over larger facilities within the stream buffer.
When constructing stormwater management facilities (i.e., BMPs), the area cleared will be limited to the area required for construction, and adequate maintenance access, as outlined in the most recent edition.
Stream restoration projects, facilities and activities as approved are permitted within the forest buffer.
Water quality monitoring and stream gauging are permitted within the forest buffer, as approved.
Individual trees within the forest buffer may be removed which are in danger of falling, causing damage to dwellings or other structures, or causing blockage of the stream.
All plats prepared for recording and all right-of-way plats shall clearly:
Show the extent of any forest buffer on the subject property by metes and bounds
Label the forest buffer
Provide a note to reference any forest buffer stating: "There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by the agency."
Provide a note to reference any protective covenants governing all forest buffers areas stating: "Any forest buffer shown herein is subject to protective covenants which may be found in the land records and which restrict disturbance and use of these areas."
All forest buffer areas shall be maintained through a declaration of protective covenant, which is required to be submitted for approval by the Board. The covenant shall be recorded in the land records and shall run with the land and continue in perpetuity.
All lease agreements must contain a notation regarding the presence and location of protective covenants for forest buffer areas, and which shall contain information on the management and maintenance requirements for the forest buffer for the new property owner.
An offer of dedication of a forest buffer area to the agency shall not be interpreted to mean that this automatically conveys to the general public the right of access to this area.
The Township shall inspect the buffer annually and immediately following severe storms for evidence of sediment deposition, erosion, or concentrated flow channels and corrective actions taken to ensure the integrity and functions of the forest buffer.
Forest buffer areas may be allowed to grow into their vegetative target state naturally, but methods to enhance the