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Exhibit B <br />ORDINANCE Exhibit A - Page 4 of 66 <br />immediately after vegetation removal. Unless otherwise specified below, other restoration or <br />rehabilitation shall be completed within 60 days of the damage or alteration, unless otherwise approved <br />by the planning director. <br />1. Exempted Actions. <br />a. Emergency actions, which are activities necessary to prevent an immediate threat to <br />the public health, safety or welfare or that pose an immediate risk of damage to private <br />property and that require remedial or preventative action in a timeframe too short to <br />allow for compliance with the requirements of the critical areas regulations, as verified <br />by the city. Emergency actions that create an impact to a critical area or its buffer shall <br />use reasonable methods to address the emergency with the least possible impact to the <br />critical area and/or its buffer. Once the immediate threat has been addressed, any <br />adverse impacts on critical areas shall be minimized and mitigated within one year of <br />the end of the emergency. <br />b. Existing and ongoing agricultural activity occurring prior to and since January 13, <br />1990; provided, however, at such time as the property ceases to be used for agricultural <br />activities and a development activity is proposed, the property shall be brought into <br />compliance with the provisions of this chapter; and further provided, that existing <br />ditches and drain tiles are not expanded in a manner that will drain wetlands in <br />existence as of the date this chapter becomes effective. This exemption does not apply <br />to filling or alteration of wetlands not in agricultural use as of January 13, 1990. The city <br />encourages the use of best management practices or farm conservation plans to reduce <br />impacts of agricultural practices on critical areas. <br />c. Normal and routine maintenance of legally constructed irrigation and drainage <br />ditches; provided, that this exemption shall not apply to any ditches used by fish. <br />d. Normal and routine maintenance of agricultural ponds, livestock watering ponds and <br />fish ponds; provided, that such activities shall not involve the conversion of any wetland <br />or stream not used for such purposes prior to and since January 13, 1990. <br />e. Normal and routine maintenance of entirely artificial structures or wetlands <br />intentionally constructed by humans from upland areas for purposes of stormwater <br />drainage or water quality control, or ornamental landscape ponds, which are not part of <br />a mitigation plan required by this chapter. <br />f. The following water, sewer, storm drainage, electric, natural gas, cable <br />communications, and telephone utility-related activities, and maintenance of public <br />streets and public park facilities when the activity does not expand the footprint of the <br />facility or encroach further into the critical area, does not impact a fish or wildlife <br />habitat conservation area, and when undertaken pursuant to best management <br />practices to minimize impacts to critical areas and their buffers: <br />(1) Normal, routine, and emergency maintenance or repair of existing, legally <br />established public or private utility structures or rights-of-way, including <br />vegetation management;