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Exhibit B <br />ORDINANCE Exhibit A - Page 46 of 66 <br />4. Off-site locations shall be in the same sub-drainage basin unless: <br />a. Watershed goals for water quality, flood storage or conveyance, habitat, or other <br />wetland functions have been established by the city and strongly justify locating <br />mitigation at another site; <br />b. Credits from a state-certified wetland mitigation bank are used as compensation, and <br />the use of credits is consistent with the terms of the certified bank instrument; <br />c. Fees are paid to an approved ILF program to compensate for the impacts. <br />5. The design for the compensatory mitigation project needs to be appropriate for its position in <br />the landscape. Therefore, compensatory mitigation should not result in the creation, <br />restoration, or enhancement of an atypical wetland. <br />F. Timing of Compensatory Mitigation. Compensatory mitigation projects should be completed prior to <br />activities that will impact wetlands. For category I wetlands, the city shall require the relocated wetland <br />area to be completed and functioning prior to allowing the existing wetland to be altered. Otherwise, <br />compensatory mitigation shall be completed immediately following wetland impacts and prior to use or <br />occupancy of the action or development. Construction of mitigation projects shall be timed to reduce <br />impacts to existing fisheries, wildlife, and flora. <br />1. The planning director may authorize a one-time temporary delay in completing construction <br />or installation of the compensatory mitigation when the applicant provides a written <br />explanation from a qualified wetland professional as to the rationale for the delay. An <br />appropriate rationale would include identification of the environmental conditions that could <br />produce a high probability of failure or significant construction difficulties. For example, a <br />project delay that creates conflicts with other regulatory requirements (fisheries, wildlife, <br />stormwater, etc.) or installing plants should be delayed until the dormant season to ensure <br />greater survival of installed materials. The delay shall not create or perpetuate hazardous <br />conditions or environmental damage or degradation, and the delay shall not be injurious to the <br />health, safety, or general welfare of the public. The request for the delay shall include a written <br />justification that documents the environmental constraints that preclude timely implementation <br />of the compensatory mitigation plan. The justification will be verified by the city who will issue a <br />formal decision. <br />G. Wetland Compensatory mitigation Ratios. In approving alteration of a wetland, the city shall require <br />that an area larger than the altered portion of the wetland be provided as compensatory mitigation for <br />destruction of the functions of the altered wetland and to ensure that such functions are replaced. The <br />ratios in this section are based on wetland category, function, special characteristics, risk, and temporal <br />loss. When mitigating allowed impacts to wetlands, the standard ratios in Table 37.4 shall be used, <br />except as otherwise provided below in this subsection.