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Exhibit B <br />ORDINANCE Exhibit A - Page 34 of 55 <br />2. Category II, III, and IV Wetlands. All category II, III, and IV wetlands shall be preserved except <br />as provided in this chapter. The planning director, using the review process described in EMC <br />Title 15, Local Project Review Procedures, may allow alteration of category II wetlands: <br />a. Where alteration is allowed pursuant to EMC 19.37.050; or <br />b. Where impacts cannot be avoided, and the applicant demonstrates through a <br />mitigation sequencing analysis that reduction in the size, scope, configuration, or <br />density of the project as proposed and all alternative designs of the project as proposed <br />that would avoid or result in less adverse impact on a regulated wetland or its buffer are <br />not feasible and will not accomplish the basic purpose of the project; <br />3. Category I, II, III, and IV Wetlands in the Silver Lake Watershed. When alteration of wetlands <br />in the Silver Lake Watershed is allowed in subsections A.1 and A.2 of this section, the applicant <br />must also demonstrate to the satisfaction of the planning director and public works director that <br />such activities will result in an enhancement of wetlands which improves the water quality <br />functions of the wetland, or will improve the other functions of the wetland if the water quality <br />functions of the wetland will not be degraded. Any such proposed activities shall be reviewed <br />using the review process described in EMC Title 15, Local Project Review Procedures; <br />4. The director may approve alteration of wetlands and buffers when proposed to restore or <br />enhance wetland functions. <br />B. Compensating for Wetland Impacts. Wetland and buffer alteration allowed by this section shall be <br />subject to the following requirements: <br />1. Each activity/use shall be designed so as to minimize overall wetland or buffer alteration to <br />the greatest extent possible. <br />2. Construction techniques and field marking of areas to be disturbed shall be approved by the <br />city prior to site disturbance to ensure minimal encroachment. <br />3. A mitigation plan shall be prepared in accordance with subsection C of this section. <br />4. The city may require the applicant to rehabilitate a wetland or its buffer by removing debris, <br />sediment, nonnative vegetation, or other material detrimental to the area by replanting <br />disturbed vegetation, or by other means deemed appropriate by the city. Rehabilitation or <br />restoration may be required at any time that a condition detrimental to water quality or habitat <br />exists. <br />5. Wetland Compensation Ratios. In approving alteration or relocation of a wetland, the city <br />shall require that an area larger than the altered portion of the wetland be provided as <br />compensation for destruction of the functions of the altered wetland and to ensure that such <br />functions are replaced. The ratios in this section apply to creation, restoration, and <br />enhancement which is in-kind (within the same hydrogeomorphic (HGM) class), on or adjacent <br />to the site, timed prior to or concurrent with alteration, and has a high probability of success. <br />The city may accept or recommend compensation which is off site and/or out-of-kind, if the <br />applicant can demonstrate that on-site compensation is infeasible due to constraints such as <br />parcel size or wetland type or that a wetland of a different type or location is justified based on