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<br />- . ' <br /> <br />" <br /> <br />1. The lot or parcel was created as a result of a legal process <br />conducted in conformance with chapter 33 (subdivisions) of this <br />Code; <br /> <br />2. Conditions or mitigation measures imposed through a <br />previously approved exception shall be met; <br /> <br />3. If the use ofa best management practice (BMP) was previously <br />required, the BMP shall be evaluated to determine if it continues to <br />function effectively and, if necessary, the BMP shall be <br />reestablished or repaired and maintained, as required; and <br /> <br />4. The requirements set forth in subsections (4)a.1.--(4)a.3. of this <br />section have been met. <br /> <br />(5) Permitted modifications of the buffer area. In order to achieve the functional <br />value of the buffer, existing vegetation may be removed, subject to approval by <br />the city planning director, only to provide for reasonable sight lines, access paths, <br />general woodlot management, and best management practices, including those <br />that prevent upland erosion and concentrated flows of stormwater, as follows: <br /> <br />a. Trees may be pruned or removed as necessary to provide for <br />reasonable sight lines and vistas, provided that where removed, they shall <br />be replaced with other vegetation that is equally effective in retarding <br />runoff, preventing erosion, and filtering nonpoint source pollution from <br />runoff. <br /> <br />b. Any path shall be constructed and surfaced as to effectively control <br />erOSIOn. <br /> <br />c. Dead, diseased, or dying trees or shrubbery and noxious weeds such as <br />Johnson grass, kudzu and multiflora rose may be removed and thinning of <br />trees may be allowed, pursuant to sound horticulture practice. <br /> <br />d. For shoreline erosion projects, trees and woody vegetation may be <br />removed, necessary control techniques employed, and appropriate <br />vegetation established to protect or stabilize the shoreline in accordance <br />with the best available technical advice and applicable permit conditions <br />or requirements. <br /> <br />e. Flower and/or vegetable gardens, or similar amenity as long as no <br />brush and/or trees are removed from the RP A. <br /> <br />(6) Buffer area requirements for intensely developed areas. In the intensely <br />developed area the director of planning may, after consulting with the city <br />engineer, exercise discretion regarding whether to require the establishment of <br />vegetation in the 100-foot wide buffer area. However, while the immediate <br />establishment of vegetation in the buffer area may be impractical, consideration to <br />