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Exhibit B <br />ORDINANCE Exhibit A - Page 8 of 66 <br />4. The following actions may be required to provide a habitat assessment or biological <br />assessment under EMC 19.37.520, FWHCAS – Critical Area Report Additional Requirements. If <br />the application of this chapter would prohibit or unreasonably restrict the ability to provide <br />necessary utilities or infrastructure improvements, a development proposal by a public agency <br />or a utility to construct utility facilities for the conveyance of water, sewage, storm drainage, <br />electricity, natural gas, cable or telecommunications, or the construction of streets and <br />highways, the agency or utility may request an exception. Such a request shall be reviewed using <br />the review process described in EMC Title 15, Local Project Review Procedures. The city may <br />approve, or approve with modifications, such a request only when the following findings are <br />made: <br />a. The application of this chapter would prohibit or unreasonably restrict the ability to <br />provide necessary utilities or infrastructure improvements or maintenance; <br />b. There is no other reasonable alternative to the proposed development with less <br />impact on the critical area; <br />c. The proposal mitigates impacts on the critical areas; <br />d. The proposal does not pose an unreasonable threat to the public health, safety, or <br />welfare on or off the development proposal site; and <br />e. The proposal is consistent with other applicable regulations and standards. <br />5. Docks. This section does not apply to areas under jurisdiction of the shoreline master <br />program. <br />a. Repair and maintenance of an existing legally established dock are permitted; <br />provided, that all of the following criteria are met: <br />(1) There is no expansion in overwater coverage; <br />(2) There is no increase in the size and number of pilings; <br />(3) There is no use of toxic materials, such as creosote, CCA and other treated <br />wood products; <br />(4) There is no new spanning of water between three and thirteen feet deep; <br />and <br />(5) There is no new increase in the use of materials creating shade. <br />b. New docks are permitted subject to compliance with any WDFW HPA or U.S. Army <br />Corps of Engineers permit conditions. Piers and docks shall be located, designed and <br />constructed so as to cause minimum interference with public use of the water surface <br />and shoreline; to mitigate the impacts to ecological function and critical areas; to avoid <br />or minimize impacts to views; and to cause no undue harm to adjacent properties.