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Exhibit B <br />ORDINANCE Exhibit A - Page 7 of 66 <br />b. To the maximum extent practical, the expansion or replacement is not located <br />closer to the critical area and is located on the side of the structure opposite the critical <br />area; <br />c. Mitigation for project impacts is provided; and <br />d. The structure was not established as the result of variance, buffer averaging, buffer <br />reduction, or reasonable use exception; Expansions and additions shall not further <br />encroach into a critical area or the portion of the required buffer between the critical <br />area and existing improvements. Expansions within the critical area or buffer shall be <br />limited to a maximum of one thousand square feet of impervious surface. To the extent <br />feasible based on site-specific conditions, expansions shall result in no additional <br />hydrologic impacts from stormwater runoff by using techniques such as low impact <br />development. Remodeling, reconstruction, and expansions shall be subject to all other <br />requirements of the zoning code. <br />3. Wetland Exception. Wetlands that meet the following criteria are not subject to the <br />avoidance and minimization requirements of the mitigation sequence of EMC 19.37.100 in <br />accordance with the following provisions, and they may be filled if the impacts are fully <br />mitigated based on the remaining actions in the mitigation sequence. Impacts should be <br />mitigated through the purchase of credits from a mitigation bank or in-lieu fee program, if <br />available, consistent with the terms and conditions of the bank or program. In order to verify <br />whether the following criteria are met, it is essential that a critical area report for wetlands <br />meeting the requirements of this chapter be submitted. It is the applicant’s responsibility to <br />provide a determination by a qualified professional whether the wetland is a non-federally <br />regulated wetland. <br />a. All category IV, non-federally regulated wetlands less than four thousand square feet <br />that meet all of the following criteria: <br />(1) Are not associated with riparian areas or their buffers; <br />(2) Are not associated with shorelines of the state or their associated buffers; <br />(3) Are not part of a wetland mosaic; <br />(4) Do not score six or more points for habitat function based on the <br />Washington State Wetland Rating System for Western Washington: 2014 <br />Update, Version 2.0 (Ecology Publication No. 23-06-009, or as revised and <br />approved by Ecology); and <br />(5) Do not contain a priority habitat or a priority area for a priority species <br />identified by the Washington Department of Fish and Wildlife, and do not <br />contain federally listed species or their critical habitat. <br />b. Category IV, non-federally regulated wetlands less than one thousand square feet <br />that meet all of the above criteria and do not contain federally listed species or their <br />critical habitat are exempt from the buffer provisions contained in this chapter.