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Exhibit B <br />ORDINANCE Exhibit A - Page 41 of 66 <br />E. Functionally Disconnected Buffer Areas. Buffers may exclude areas that are functionally and <br />effectively disconnected from a wetland by an existing public or private road or legally established <br />development, as determined by the planning director. Functionally and effectively disconnected means <br />that the road or other significant development blocks the protective measures provided by a buffer. <br />Significant developments shall include built public infrastructure such as roads and railroads, and private <br />developments such as homes or commercial structures. Examples of minor developments that do not <br />fully block buffer functions include trails, minor accessory structures, paths, and driveways serving a <br />single residence. The planning director shall evaluate whether the interruption will affect the entirety of <br />the buffer. Individual structures may not fully interrupt buffer function. In such cases, the allowable <br />buffer exclusion should be limited in scope to just the portion of the buffer that is affected. Where <br />questions exist regarding whether a development functionally disconnects the buffer, or the extent of <br />that impact, the planning director may require a critical area report to analyze and document the buffer <br />functionality. <br />19.37. 340 WETLANDS - BUFFER WIDTH AVERAGING <br />The city may allow wetland buffer width averaging when all of the following are met: <br />A. No feasible alternatives to the site design could be accomplished without buffer averaging. <br />B. The total area on the lot contained within the buffer after averaging is not less than the area required <br />within the buffer without averaging <br />C. Averaging will not reduce the functions and values of the critical area or buffer as demonstrated by a <br />critical area report from a qualified professional. <br />D. The adjusted minimum buffer width shall not be less than seventy-five percent of the required buffer <br />width at any point or 75 feet for Category I and II, 50 feet for Category III, and 25 feet for Category IV, <br />whichever is greater. <br />19.37. 350 WETLANDS - COMPENSATORY MITIGATION <br />A. Mitigation Sequencing. Before being authorized to impact any wetland or its buffer, an applicant <br />must demonstrate that they have implemented mitigation sequencing in the order presented in EMC <br />19.37.100. <br />B. Requirements for Compensatory Mitigation. Allowed wetland and wetland buffer compensation <br />shall be subject to the following requirements: <br />1. Compensatory mitigation for alterations to wetlands shall be used only for impacts that <br />cannot be avoided or minimized and shall achieve equivalent or greater functions. <br />Compensatory mitigation plans shall be consistent with Wetland Mitigation in Washington <br />State–Part 2: Developing Mitigation Plans—Version 1 (Ecology Publication #06-06-011b, or as <br />revised), and Selecting Wetland Mitigation Sites Using a Watershed Approach [Western <br />Washington (Ecology Publication #09-06-32). <br />2. Mitigation ratios for wetland impacts shall be consistent with the Standard Wetland <br />Compensatory Mitigation Ratios presented in this section. <br />3. Buffer Mitigation Ratios. Impacts to buffers shall be mitigated at a minimum 1:1 ratio. <br />Compensatory buffer mitigation shall replace those buffer functions lost from development.