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Ordinance 2909-06
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Ordinance 2909-06
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Ordinances
Ordinance Number
2909-06
Date
4/12/2006
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12. Wetland mitigation banks are sites where wetlands are restored, created, enhanced, or <br />in exceptional circumstances, preserved, expressly for the purpose of providing <br />compensatory mitigation in advance of authorized impacts to similar resources. <br />a. The city may allow wetland mitigation banking in lieu of other forms of wetland <br />impact mitigation when the mitigation site being used for the credit allowed pursuant <br />to this section is either a wetland created from a site which was previously <br />nonwetland, a wetland of lesser size or functional value than the wetland being <br />altered, or where the mitigation bank site substantially increases wetland functions in <br />the watershed within which it is located. Under the wetland mitigation banking <br />process, alteration of a wetland on the development site shall occur only when the <br />created or enhanced wetland is successfully functioning in accordance with an <br />approved wetland mitigation plan. The created or enhanced wetland shall have a <br />higher wetland function rating than that being altered. In evaluating a wetland <br />mitigation banking proposal, the planning director shall determine the amount of <br />credit given for mitigation banking using the ratios described in subsection C.5 of <br />this section as a guide. The amount of credit will be dependent upon the functions of <br />the wetland being altered and the wetland being used for mitigation banking. The <br />city, using the review process described in EMC Title 15, Local Project Review <br />Procedures, may allow wetland mitigation banking under the following <br />circumstances: <br />i. When alteration is allowed pursuant to the "reasonable use" exception as provided <br />in Section 5(B) [37.050(B)] of this chapter; <br />ii. When alteration is allowed for a water -dependent or water -related use; <br />iii. When on-site or off-site mitigation in the immediate vicinity of the project is not <br />reasonable; <br />iv. When the wetland being altered is of a lower quality and has lesser functions than <br />the wetland which is being used for the mitigation banking. <br />b. Wetland Mitigation Banks may be approved under the provisions of WAC 173-700 <br />(currently a draft). For any wetland mitigation bank certified under Chapter 173-700 <br />WAC, credits from a wetland bank may be approved for use as compensation for <br />unavoidable impacts to wetlands when: <br />i. The director determines that the wetland mitigation bank provides appropriate <br />compensation for the authorized impacts; and <br />ii. The proposed use of credits is consistent with the terms and conditions of the <br />bank's certification. <br />iii. Replacement ratios for projects using bank credits shall be consistent with the <br />terms and conditions of the bank's certification. <br />iv Credits from a certified wetland mitigation bank may be used to compensate for <br />impacts located within the service area specified in the bank's certification. In <br />some cases, bank service areas may include portions of more than one adjacent <br />drainage basin for specific wetland functions. <br />D. Wetland and Buffer Mitigation Plans. When wetland or buffer alteration or buffer <br />reduction is permitted by this chapter, a mitigation plan shall be required to describe the <br />methods the applicant will use to minimize impacts to wetland functions. This plan is in <br />32 <br />
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