Ordinance 2909-06 - Laserfiche WebLink

c. If the plan proposes daylighting the pipe or culvert in a different location on the parcel from its current location or off the parcel, the ecological functions required in subsection b above are provided as effectively as they would be without the relocation. 2. If the director finds the conditions in subsection D. l are met, the Director may modify the following development standards. The modification shall be the minimum to provide sufficient area to meet the standards in subsection D.1 and shall be in the following order of priority: a. Yard and/or setback requirements on the property may be reduced, unless reducing them is injurious to safety. b. The stream and adjacent buffer area may count towards required landscaping. c. The stream and adjacent buffer area may count toward open space requirements for all multiple family and M-1 zone requirements. d. Building heights may be increased. E. Stream and Buffer Impact Mitigation Plans. 1. When development is proposed within 200 feet of a Type F stream, a habitat assessment or habitat management plan shall be prepared subject to the provisions of Section 19 (37.190) of this chapter. 2. When stream or buffer alteration or buffer reduction or averaging is permitted, a mitigation plan shall be prepared. Mitigation shall be required for the loss of stream system and buffer functions. All required mitigation shall be specified in a detailed mitigation plan, which shall be approved by the city prior to any development activity occurring on a site upon which stream system alteration is proposed. The mitigation plan shall be prepared by a qualified professional using accepted methodologies and include information as required by the planning director's administrative guidelines. Mitigation areas shall be located to preserve or achieve contiguous wildlife habitat corridors in accordance with a mitigation plan that is part of an approved critical area report to minimize the isolating and fragmenting effects of development on habitat areas. Mitigation plans shall: a. Include a baseline study that quantifies the existing functions of the system, functions that will be lost, and the stream and buffer functions after mitigation; b. Specify how functions will be replaced; c. Specify when mitigation will occur relative to project construction and to the requirements of permits issued by other agencies; d. Include provisions for maintaining and monitoring the mitigated area on a long-term basis to determine whether the plan was successful; e. Include a contingency plan specifying what corrective actions will be taken should the mitigation not be successful; and f. Include provisions for an assurance device as provided by Chapter 40 of this title to ensure that work is completed in accordance with the mitigation plan and that restoration or rehabilitation is performed in accordance with the contingency plan if mitigation failure results within five years of implementation. 47