Ordinance 2909-06 - Laserfiche WebLink

"Wetlands, regulated" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions. Regulated wetlands generally include swamps, marshes, ponds, bogs and similar areas. Regulated wetlands do not include those artificial wetlands intentionally created from non -wetland sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands created as mitigation and wetlands modified for approved land use activities shall be considered as regulated wetlands. For identifying and delineating regulated wetlands, the City shall use the Washington State Wetland Identification and Delineation Manual. Section 63: Codification. Sections 1 through 26 of this ordinance as set forth herein and as hereinafter amended shall be codified in Title 19 of the Everett Municipal Code under Chapter 37 which chapter shall be entitled "Critical Areas." Section 64: Partial Repealer. Sections 1 through 24 of Ordinance No. 1838-91 (EMC 19.37) as amended, are hereby repealed except for purposes of the City's Shoreline Master Program, adopted by Ordinance No 2600-02 as amended, as referenced in EMC 19.33D.090; in which case Sections 1 through 24 of Ordinance No. 1838-91 (EMC 19.37) as amended shall remain in effect and shall be codified in EMC 19.33D. Section 65: Correction of References. The Planning and Community Development Department is authorized to determine, in consultation with the City Clerk and the City Attorney, the format for the codification of EMC 19.37 in EMC 19.33D and to correct all references in the Shoreline Master Program to the recodified sections. Section 66: Local Project Review Procedures. Chapter 4, Section 3(B) of Ordinance 2530-01 [EMC 15.16.080(A)], as amended by Section 1 of Ordinance No. 2719-03, is hereby amended by the addition of the following: 39. Alternative Best Available Science decisions as provided by Section 19.37.050(E). Section 67: Validity. Should any section, subsection, paragraph, sentence, clause or phase set forth in this ordinance or in Exhibit A or its application to any person or situation be declared unconstitutional or invalid for any reason, such decision shall not effect the validity of the remaining portions of this Ordinance or it application to any person or situation. The City Council of the City of Everett hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. 71