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The planning director may, using the review process described in EMC Title 15, Local Project Review Procedures, authorize a modification to the standards in this chapter as follows:

A. An applicant must submit a critical area study by a qualified professional that documents that the proposed development design/standards will result in a net improvement of the functions of the critical area over that which would be obtained by applying the standard prescriptive measures contained in this chapter. The study must address best available science as it relates to the critical area functions.

B. The study must be circulated to appropriate state and federal resource agencies for review and comment opportunity prior to planning director authorization.

C. The development design/standards may include, but are not necessarily limited to, measures prescribed in an approved watershed conservation plan or other similar conservation plan that addresses critical areas protection consistent with this section.

D. The proposed design/standards must not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the subject property is located. (Ord. 3676-19 § 9, 2019.)