Ordinance 2859-05 - Laserfiche WebLink

SECTION 10: Aquatic Conservancy Buffers Regulation 22 in Section 3.9 of the Shoreline Master Program, Exhibit A to Ordinance No. 2600- 02, as amended, which was codified in EMC 19.33D.090.A.22, and which currently reads: Buffers shall not be reduced below 100 feet on Smith and North Spencer Islands adjacent to areas designated Aquatic Conservancy or SO AU 3.05, except • in the area south of 12th Street NE where dikes are adjacent to and protect the water pollution control facility, or • when a significant action that restores salmonid rearing habitat is incorporated into the proposal, including actions such as reconnection of a blind tidal channel, a dike breach, or removal of fill to create tidal marsh area. Provided however, that public access improvements such as trails and interpretive facilities may be included in portions of the buffer when the biological assessment and habitat management plan (if required) demonstrate no significant adverse impacts or that significant adverse impacts are mitigated. Buffers may be reduced to provide a reasonable use of a property as specified in EMC 19.37.050.D. In addition, expansion of existing facilities such as SR529 and I-5 may be allowed when mitigation is provided for buffer impacts. BE AND THE SAME IS HEREBY AMENDED TO READ AS FOLLOWS: Minimum 200 foot buffers shall be required adjacent to areas designated Aquatic Conservancy (SO AUs 2.21, 2.28, 2.30, 2.31, 2.32, 2.41, 2.44) and SO AU 3.05 on Smith Island north of 12th St. NE and on North Spencer Island (see Figure 3.9-1). A function assessment must be completed for all projects to demonstrate that these buffers result in no net loss of wetland or stream function. A wider buffer will be required when necessary to protect wetland and stream ecological functions. The buffers may be reduced in accordance with PDI 01-005 where there has been prior substantial legal alteration to the buffer and when the project applicant: (1) completes an approved function assessment, and (2)prepares an approved habitat management plan that includes buffer enhancement that would improve the functional performance of the buffer and the associated critical area. In no case shall buffers be reduced below 100 feet, except • When a significant action that restores salmonid rearing habitat is incorporated into the proposal, including actions such as reconnection of a blind tidal channel, a dike breach, or removal of fill to create tidal marsh area. • Public access improvements such as trails and interpretive facilities may be included in portions of the buffer when the biological assessment and habitat management plan (if required) demonstrate no significant adverse impacts or that significant adverse impacts are mitigated. • Buffers may be reduced to provide a reasonable use of a property as specified in EMC I9.37.050.D. • Expansion of existing facilities such as SR529 and I-5 may be allowed when mitigation is provided for buffer impacts. 23