§ 153.1268 EXEMPTION.
   (A)   The Planning Commission may waive or reduce the wetlands protection or mitigation requirements established in this section if it finds that:
      (1)   The wetland area does not contribute to the public benefits listed or the specific subsection
due to its size or the lack of hydrological connections to other water resources;
      (2)   Strict compliance with this section denies the applicant substantially all economic use of his or her property;
      (3)   Strict compliance with this section is inconsistent with an adopted Comprehensive Plan policy; or
      (4)   The applicant has mitigated the impacts on any affected wetlands on site through the purchase of wetland mitigation bank credits from the state’s Department of Natural Resources.
   (B)   If the applicant receives an exemption pursuant to subsection (A) above, the purchase, mitigation or restoration requirements of the state’s Department of Natural Resources shall be included as a condition of subdivision or site plan approval.
(Ord. 3020, passed 9-10-2013, § 5.42.3)