§ 72-885. Standards for review.

(a)

Review criteria. In determining whether the development is permissible under the provisions of this division, the EMD shall consider but not be limited to the following criteria:

(1)

The ability of the wetland to receive, store and discharge surface water runoff so as to contribute to hydrological stability and control of flooding and erosion.

(2)

The ability of the wetland to recharge the groundwater as demonstrated by reliable available information.

(3)

The ability of the wetland to provide filtration and nutrient assimilation from surface water runoff.

(4)

The ability of the wetland to provide habitat and significant ecological function in the life cycle for fish, wildlife or other forms of animal or plant life.

(5)

The ability of the wetland to function as an integral part of any waters, water body or watercourse.

(6)

The cumulative impacts of the proposed development on the wetland system in combination with other developments which have been permitted or constructed in the same drainage basin.

(7)

The technical feasibility of any proposed wetland mitigation plans and the likelihood of their success in restoring or replacing the environmental benefit altered by the development.

(8)

The capacity of the existing wetland to provide environmental benefits because of such factors as maturity, size, degree of prior alteration, physical relationship to other water systems and adjacent land uses.

(9)

The degree or magnitude of the impact of the proposed alteration on the wetland and how such impact shall be minimized through mitigation measures, either off-site or on-site, or both, and recommendations concerning the appropriate location of said mitigation.

(10)

Whether and the extent to which a proposed project must be located within a wetland or water body in order to perform the project's basic functions.

(11)

Whether the wetlands impacted by the proposed activity are protected or used in a manner which does not adversely impact their beneficial functions as provided in section 72-881.

(12)

The ability of the wetland to continue to function after development is completed.

(13)

Whether the proposed project and the wetland impacts are consistent with the policies in the comprehensive plan.

(b)

Issuance of permits—Conditions.

(1)

If the application meets the requirements of this division, the LDD shall issue the permit based upon approval by the EMD, as provided in this division, and may attach such appropriate conditions to the said permit in order to comply with the standards of subsection (a) of this section. The EMD may deny the permit if it does not meet such standards, stating the reasons thereof.

(2)

The EMD may approve a wetlands alteration permit, which shall incorporate the general and specific conditions which were made part of the permit from federal, state, or regional agencies. Provided, however, before the issuance of the wetlands alteration permit, said federal, state, or regional permit application when available shall be submitted to the LDD. Concurrent applications to the local government and any federal, state, or regional agency shall be encouraged. Provided, however that the EMD is not prevented from approving additional conditions to the said permit in order to comply with the standards of subsection (a) of this section.

(Ord. No. 89-52, § I, 12-7-89; Ord. No. 2008-25, § III, 12-4-08)