20.25H.255 Critical areas report – Decision criteria.
A. General. Except for the proposals described in subsection B of this section, the Director may approve, or approve with modifications, the proposed modification where the applicant demonstrates:
1. The modifications and performance standards included in the proposal lead to levels of protection of critical area functions and values at least as protective as application of the regulations and standards of this code;
2. Adequate resources to ensure completion of any required mitigation and monitoring efforts;
3. The modifications and performance standards included in the proposal are not detrimental to the functions and values of critical area and critical area buffers off-site; and
4. The resulting development is compatible with other uses and development in the same land use district.
B. Decision Criteria – Proposals to Reduce Regulated Critical Area Buffer.
The Director may approve, or approve with modifications, a proposal to reduce the regulated critical area buffer on a site where the applicant demonstrates:
1. The proposal includes plans for restoration of degraded critical area or critical area buffer functions which demonstrate a net gain in overall critical area or critical area buffer functions;
2. The proposal includes plans for restoration of degraded critical area or critical area buffer functions which demonstrate a net gain in the most important critical area or critical area buffer functions to the ecosystem in which they exist;
3. The proposal includes a net gain in stormwater quality function by the critical area buffer or by elements of the development proposal outside of the reduced regulated critical area buffer;
4. Adequate resources to ensure completion of any required restoration, mitigation and monitoring efforts;
5. The modifications and performance standards included in the proposal are not detrimental to the functions and values of critical area and critical area buffers off-site; and
6. The resulting development is compatible with other uses and development in the same land use district. (Ord. 5680, 6-26-06, § 3)