105-426 Alteration of Aquatic Features

No portion of an aquatic feature shall be altered or land operations affecting aquatic features undertaken by or on behalf of present or future applicants for permits except in compliance with the provisions of this Section. The City Planning Commission may permit the alteration of aquatic features, provided that:

(a)        the development or enlargement is not feasible without such alteration or where such alteration will permit a development or enlargement that satisfies the purposes of this Chapter; or

(b)        such alteration is necessary to protect the health and safety of the site occupants; and

(c)        such development or enlargement, as authorized, will result in the minimum natural feature interference that must be permitted in order to allow reasonable development or enlargement and bulk distribution under the regulations of the underlying district; and

(d)        such modification shall not disturb the drainage patterns in the area.

The Commission shall impose appropriate conditions and safeguards to assure protection of the portions of the area to be preserved in their natural state.

Where permits are required from a City agency for any work affecting natural features, the Commission shall request a report from such agency and the provisions of Section 105-93 (Inter-agency Coordination) shall apply.

In the event alteration of an aquatic feature is found inappropriate, the Commission may treat an application under this Section as an application for modification of yard and height and setback regulations under Section 105-432.