Ordinance 3129-09 - Laserfiche WebLink

1. Except for within the Marshland Subarea, all development activities shall comply with the City's Environmentally Sensitive Area Ordinance, EMC I9.33D.360-590, in effect on March 21, 2001; Planning Director Interpretation No. 2-2000, Interim Procedures, Endangered Species Act Listing for Chinook Salmon and Bull Trout; and Planning Director Interpretation No. 01-005 unless more stringent requirements are adopted by City Council subsequent to that date. SECTION 12: Regulation 25 in Section 3.9 of the Shoreline Master Program, Exhibit A to Ordinance No. 2600-02, as amended by Section 12 of Ordinance No. 2859-05 (EMC 19.33D.090.A.25), which currently reads: Buffers shall not be reduced below that required by EMC 19.37.100.A. for the Urban Conservancy designated wetlands in the Marshland area, or the wetlands in 1997 SEWIP AUs 10, 8, and 20 on Smith Island, except when the proposal includes significant actions that would restore salmonid rearing functions, such as removing dikes, improving channel connections, and removing fill to create tidal marsh, and except where existing improvements such as the railroad effectively limit the buffers in some areas. IS HEREBY REPEALED. SECTION 13: Section 3.9 of the Shoreline Master Program, Exhibit A to Ordinance No. 2600- 02, as amended (EMC 19.33D.090), shall be amended by the addition of the following regulation: Except as provided herein, all new development in the Marshland Subarea shall comply with the requirements of EMC 19.37 Critical Areas: • The wetland compensation requirements of SMP Section 3.9 Regulation 35 shall apply in the Marshland area, rather than the compensation requirements in EMC 19.37.120C. • The Marshland Subarea Plan recommends significant tidal restoration within the subarea that would result in moving the ordinary high water mark further inland. The Subarea Plan also proposes significant nontidal wetland and riparian restoration that will result in new wetland areas,higher habitat scores for existing wetlands, and fish access to streams and drainages where it may currently not exist. Additional buffers shall not be required on land abutting the restoration beyond that required prior to the restoration action. This shall not apply to shoreline restoration projects created as mitigation to obtain a development permit. SECTION 14: Paragraph one of Section A of Exhibit 1 to Ordinance 2859-05 Section 3 (Section 3.11 of the Shoreline Master Program, Exhibit A to Ordinance No. 2600-02, as amended, (paragraph one of Section II.K.1 of Chapter 3 Shoreline Land Use Element of the Comprehensive Plan) which currently reads as follows: Intent. The purpose of this restoration element is to compile the potential shoreline restoration actions that have been identified in the City of Everett, and to describe the City's strategy for restoration. The information is based primarily on the analysis of ecological functions and potential for ecological restoration described in the Snohomish Estuary Wetland Integration Plan 17