§ 34-238. Review standards and criteria.

In arriving at a determination with respect to the issuance of a permit under this division, the planning commission shall take into consideration at least the following standards and criteria:

(1)

A permit shall be issued only if the proposed project or activity is clearly in the public interest, and is otherwise lawful in all respects.

(2)

In determining whether the activity is in the public interest, the benefit which would reasonably be expected to accrue from the proposal shall be balanced against the reasonably foreseeable detriments of the activity, taking into consideration the local, state and national concern for the protection and preservation of natural resources from pollution, impairment and/or destruction. If, as a result of such a balancing, there remains a debatable question whether the proposed project and/or activity is clearly in the public interest, a permit shall not be issued. The following general criteria shall be applied in undertaking this balancing test:

a.

The relative extent of the public and private need for the proposed activity.

b.

The availability of feasible and prudent alternative locations and methods to accomplish the expected benefits from the activity.

c.

The extent and permanence of the beneficial or detrimental effect which the proposed activity may have on the public and private use to which the area is suited, including the benefits the wetland provides.

d.

The probable impact of the proposal in relation to the cumulative effect created by other existing and anticipated activities in the watershed.

e.

The probable impact on recognized historic, cultural, scenic, ecological, or recreational values and on the public health or fish or wildlife.

f.

The size and quality of the wetland being considered.

g.

The amount and quality of remaining wetland in the area.

h.

Proximity to any waterway.

i.

Economic value, both public and private, of the proposed land change to the general area.

j.

The necessity for the proposed project.

(3)

A permit shall not be issued unless it is shown that:

a.

An unreasonable disruption of aquatic resources will not result; and

b.

The proposed activity is primarily dependent upon being located in the wetland; or

c.

A feasible and prudent alternative does not exist.

(4)

The manner in which the activity is proposed to be undertaken will result in the minimum negative impact upon the wetland and attendant natural resources under all of the circumstances.

(Ord. No. 482, § 4.3, 5-7-90)