30.62A.350 Innovative development design.
(1) A project permit applicant may request approval of an innovative design, which addresses wetland, fish and wildlife habitat conservation area or buffer treatment in a manner that deviates from the standards contained in Part 300. The applicant shall demonstrate in a critical area study required pursuant to SCC 30.62A.140 how the innovative development design complies with the following requirements:
(a) The innovative design will achieve protection equivalent to the treatment of the functions and values of the critical area(s) which would be obtained by applying the standard prescriptive measures contained in this chapter;
(b) Applicants for innovative designs are encouraged to consider measures prescribed in guidance documents, such as watershed conservation plans or other similar conservation plans, and low impact stormwater management strategies that address wetlands, fish and wildlife habitat conservation area or buffer protection consistent with this section; and
(c) The innovative design will not be materially detrimental to the public health, safety or welfare or injurious to other properties or improvements located outside of the subject property.
(2) Applicants proposing development activities on properties designated as Urban Center Transit Pedestrian Village on the county’s Future Land Use Map may utilize the innovative design provisions in this section to deviate from the requirements in Part 300. Such deviations may include but are not limited to provisions related to avoidance of impacts, standard buffer widths, allowed uses in buffers and wetlands, mitigation ratios and use of off-site mitigation. The applicant shall demonstrate in a critical area study required pursuant to SCC 30.62A.140:
(a) Why the deviation is necessary to implement the policies in the county’s comprehensive plan General Policy Plan under objective LU 3.B; and
(b) How the innovative development design achieves protection at least equivalent to the treatment of the functions and values of the critical area(s) which would be obtained by applying the standard prescriptive measures contained in Part 300. (Added by Amended Ord. 06-061, Aug. 1, 2007, Eff date Oct. 1, 2007; Amended by Ord. 10-024, June 9, 2010, Eff date Sept. 30, 2010; Amended by Amended Ord. 15-034, Sept. 2, 2015, Eff date Nov. 1, 2015; Amended by Ord. 15-103, Jan. 11, 2016, Eff date Jan. 22, 2016).