(A) The Planning Commission shall have the authority to grant waivers or modifications of the tree canopy requirements contained in this subchapter in accordance with Chapter 11, Part 8 of the Land Development Code.
(B) The Planning Commission’s designee may waive the requirement for a public hearing and take action on requests for reduction of five or fewer trees or a reduction constituting less than 10% of the total tree canopy requirement, whichever is greater. Notice shall be sent in accordance with Chapter 11, Part 8 stating that a waiver request has been filed and that the Planning Commission’s designee may waive the public hearing requirements and take action on the request.
(C) In granting a waiver, the Planning Commission’s designee must find that:
(1) The waiver is in compliance with the Comprehensive Plan;
(2) The applicant made a good faith effort to provide as many trees as possible on the site, on the adjacent right-of-way, or on an alternative site as specified in the first table in § 155.124; and
(3) If there are other mitigating circumstances affecting this site which do not generally apply to sites developed for the same use and in the same form district.
(LDC § 10.1.8)