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(1) An applicant may request modification of landscaping requirements as part of project review, except modifications to landscaping in planter strips located in a public right-of-way shall be processed as deviation from the EDDS.

(2) The decision maker (either the department or the hearing examiner) may approve a request for modification when:

(a) The proposed landscaping represents an equal or better result than would be achieved by strictly following the requirements of the code; and

(b) The proposed landscaping fulfills the purpose of this chapter set forth in SCC 30.25.010(1).

(3) Notice of the department decision or recommendation on a landscaping modification shall be provided:

(a) Pursuant to SCC 30.70.050 and 30.72.030 if the project is a Type 2 application; or

(b) Pursuant to SCC 30.70.050 and 30.71.040, if the project is a Type 1 application or is a project not subject to administrative appeal.

(4) In considering requests for modification of perimeter landscaping requirements, the following alternative screening and buffering strategies shall be favored:

(a) Preservation of existing vegetation, particularly significant trees or other groupings of natural vegetation in consolidated locations;

(b) Better accommodation of existing physical conditions on site, including incorporation of elements to provide for wind protection or improve solar access;

(c) Incorporation of elements to protect or improve upon water quality;

(d) Increased landscaping width adjacent to residential uses or zones or in other strategic locations;

(e) Provision of a unique focal point of interest or better useable open space;

(f) Increased protection of wetlands and fish and wildlife habitat conservation areas and their buffers beyond; and

(g) Use of low impact development best management practices employing native vegetation.

(5) A modification is not required to provide more than the minimum width, density, or quality of landscaping. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 04-003, Mar. 31, 2004, Eff date May 17, 2004; Amended by Amended Ord. 06-061, Aug. 1, 2007, Eff date Oct. 1, 2007; Amended by Amended Ord. 08-101, Jan. 21, 2009, Eff date Apr. 21, 2009; Amended by Amended Ord. 17-070, Nov. 1, 2017, Eff date Dec. 1, 2017).