§ 152.198 VARYING REQUIREMENTS WHEN THERE IS AN INCREASE IN FUNCTIONALITY.
   Occasionally, development sites will contain steep slopes, surface water areas, and/or flood plain, which, due to previous clearing or development, diking, erosion, or other reasons, are of limited functionality. This chapter seeks to encourage landowners and developers to find creative means to improve these existing conditions. Accordingly, the entity with the authority to grant development authorization pursuant to §§ 152.050 - 152.062, above, may vary the requirements of this subchapter when the applicant for development authorization demonstrates the proposed development, along with any management practices, will result in an increase of functionality of any regulated natural resources on the development site. Any mitigation proposed to offset loss of a natural resource regulated herein must take place on the development site itself or on neighboring properties pursuant to a recorded easement authorizing such activities.
(Ord. passed 10-1-07)