5126 NARBECK AVE 2018-01-02 MF Import

2. Riparian Vegetation. Such buffers shall be vegetated with native ;2) riparian vegetation normally associated with the stream, lake, or wetland. Existing riparian vegetation shall not be removed except as otherwise provided by this Section. - 3. Shoreline Master Program. Properties which are regulated by the City of Everett Shoreline Management Master Program shall be governed by the standards and review processes of that program. 4. Culverted Streams. The buffer requirements for streams in paragraph 1 of this Subsection do not apply to any stream that is in a culvert unless the stream will be removed from the culvert as part of development of the subject property. 5. Limitation on Variances. The minimum buffers of this Section may not be varied. However, an exception to these minimum setbacks may be permitted in accordance with Subsection 37.090.D of this Section. 7 'b°D. Development Activity Within the Minimum Buffers. 1. Prior to issuance of permits for clearing, grading, filling, or construction, all wetlands, streams, and lakes and their minimum required buffer areas shall be enclosed or otherwise protected by a barricade which will prevent encroachment into and damage to the wetland, stream, lake and buffer area. Permits for clearing, grading, or filling within the minimum setbacks established by Subsection 37.100.0 or Subsection 37.150 shall not be issued unless such clearing, grading, or filling is part of a development on the aromasite which has been approved by the applicable Review Authority. 2. Grading or Filling. a. General. Grading and filling within the minimum buffers established in Subsection 37.100.0 of this Section shall not be permitted except as provided by this Subsection. b. Required Process. The City will review and decide upon an application for such grading and filling using Process II.B described in Section 42 of this Ordinance unless the proposed use of the subject property is subject to the shoreline permit review process. c. Criteria. The City may approve such an applications only if it finds that: (1) It will not adversely affect water quality; (2) It will not destroy, damage, or disrupt a significant habitat area; and (3) It is necessary for reasonable development of the subject property as demonstrated in a wetland development mitigation plan submitted for the property in conjunction with the application for grading and/or filling. d. Type of Fill. All material used in a fill must be non-dissolving and non-decomposing. The fill material must not contain organic or inorganic material that would be detrimental to the water quality or the existing habitat. 37-14