H. Waivers

Page 12

This ordinance shall apply to all proposed development except for that development which prior to the effective date of this ordinance:

Is covered by a valid, unexpired plat in accordance with development regulations

Is covered by a current, executed public works agreement

Is covered by a valid, unexpired building permit

Has been accepted to apply for a building permit

Has been granted a waiver in accordance with current development regulations.

Waivers may be granted by the reviewing Board under the following conditions:

Those projects or activities where it can be demonstrated that strict compliance with the ordinance would result in practical difficulty.

Those projects or activities serving a need where no feasible alternative is available.

The repair and maintenance of public improvements where avoidance and minimization of adverse impacts to nontidal wetlands and associated aquatic ecosystems have been addressed

For those developments which have had buffers applied in conformance with previously issued requirements.

The buffer width made be relaxed and the buffer permitted to become narrower at some points as long as the average width of the buffer meets the minimum requirement. This averaging of the buffer may be used to allow for the presence of an existing structure or to recover a lost lot, as long as the streamside zone (Zone I) is not disturbed by the narrowing, and no new structures are built within the one hundred (100) year floodplain.

3.

The applicant shall submit a written request for a waiver. The application shall include specific reasons justifying the waiver and any other information necessary to evaluate the proposed request. The agency may require an alternatives analysis that clearly demonstrates that no other feasible alternatives exist and that minimal impact will occur as a result of the project or development.

1. In granting a request for a variance, the Board may require site design, landscape planting, fencing, the placement of signs, and the establishment of water quality best management practices in order to reduce adverse impacts on water quality, streams, wetlands, and floodplains.
2. . Conflict With Other Regulations

Where the standards and management requirements of this buffer ordinance are in conflict with other laws, regulations, and policies regarding streams, steep slopes, erodible soils, wetlands, floodplains, timber harvesting, land disturbance activities or other environmental protective measures, the more restrictive shall apply.

NOTICE