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Ordinance 4175-26
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Ordinance 4175-26
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5/11/2026 1:13:14 PM
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Ordinances
Ordinance Number
4175-26
Date
4/15/2026
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Exhibit B <br />ORDINANCE Exhibit A - Page 5 of 66 <br />(2) Installation, construction, or modification in improved street rights-of-way <br />and replacement, operation or alteration of the following facilities: <br />(A) Natural gas, cable communications, telephone facilities, water and <br />sewer lines, pipes, mains, equipment or appurtenances; <br />(B) Electric facilities, lines, equipment or appurtenances, not including <br />substations, with an associated voltage of fifty-five thousand volts or <br />less; <br />(C) Drilling for utilities/utility corridors under a wetland, with <br />entrance/exit portals located completely outside of the wetland buffer, <br />provided that the drilling does not alter the ground water connection to <br />the wetland or percolation of surface water down through the soil <br />column. Specific studies by a hydrologist are necessary to determine <br />whether the ground water connection to the wetland or percolation of <br />surface water down through the soil column will be altered. Trenching is <br />not allowed by this provision. <br />(3) Normal and routine maintenance or repair of public streets, state highways, <br />and public park facilities, including vegetation management. Maintenance and <br />repair does not include any modification that changes the character, scope, or <br />size of the original structure, facility, or improved area, nor does it include <br />construction of a maintenance road or the dumping of maintenance debris. <br />g. Forest practices on city-owned watershed property located in remote areas not <br />contiguous to the Everett corporate boundaries, undertaken in accordance with the <br />requirements of the State Department of Natural Resources. <br />h. Minimal soil disturbance for site investigative work necessary for land use <br />application submittals such as surveys, soil logs, percolation tests and other related <br />activities including educational research activities that do not result in altering the <br />structure or functions of the critical area. Disturbed areas shall be immediately restored. <br />i. Conservation measures intended to preserve soil, water, vegetation, fish and other <br />wildlife and their associated habitat that do not involve adversely impacting the <br />structure or functions of the critical area. <br />j. Routine maintenance of existing, legally-established landscaping and fencing <br />including removal of invasive vegetation, that does not involve grading, excavation or <br />filling. <br />k. Modification to existing structures. Legally constructed structures and improvements <br />in existence on January 13, 1990, that do not meet the buffer requirements of this <br />chapter may be remodeled, reconstructed, or replaced; provided, that the new <br />construction or related activity does not further alter or increase the impact to the <br />critical area or buffer as a result of the proposed modification. For structures that are <br />damaged or destroyed as a result of flood, fire or act of nature, restoration work shall be <br />initiated by the applicant within one year of the date of damage or destruction, as
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