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Ordinance 1838-91
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Ordinance 1838-91
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5/2/2017 11:43:59 AM
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Ordinances
Ordinance Number
1838-91
Date
12/18/1991
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(a) reduction in the size, scope, configuration, <br /> or density of the project as proposed and all <br /> alternative designs of the project as <br /> proposed that would avoid, or result in less, <br /> adverse impact on a regulated wetland or its <br /> buffer will not accomplish the basic purpose <br /> of the project; and <br /> (b) in cases where the applicant has rejected <br /> alternatives to the project as proposed, due <br /> to constraints such as zoning, deficiencies <br /> of infrastructure, or lot size, the applicant <br /> has made a reasonable attempt to remove or <br /> accommodate such constraints. <br /> e. Enhancement of wetlands is permitted where the wetlands <br /> being enhanced are in a degraded condition and the <br /> enhancement proposed is likely to provide substantial <br /> rehabilitation and improved functional values. <br /> 3 . Category III Wetlands - <br /> a. Alteration of Category III wetlands may be allowed by <br /> the City only when mitigation is provided for the loss of <br /> all functional values. <br /> b. Enhancement of wetlands is permitted. <br /> 4 . Category IV Wetlands - Category IV wetlands are permitted <br /> to be altered as provided for Category III wetlands, or in <br /> the event the City has established a wetland mitigation fund <br /> for the area in which the wetland is located, then the <br /> applicant may pay into a wetland mitigation fund established <br /> by the City, which shall be a pro rata share of the cost of <br /> the drainage facilities or improvements to be constructed, <br /> based upon the size and functional values of the wetland to <br /> be altered. All mitigation funds shall be paid to the City <br /> prior to alteration of the Category IV wetland. <br /> 5. Silver Lake Watershed - The City shall not allow the <br /> draining, filling, encroachment or degradation of wetlands <br /> within the Silver Lake Watershed, except for the following <br /> circumstances: <br /> a. Hydrologically isolated Category III or IV wetlands <br /> with a surface area of three-thousand (3 ,000) square <br /> feet or less or hydrologically isolated Category IV <br /> wetlands less than ten-thousans square feet in area. <br /> Compensatory wetland mitigation shall still be required <br /> for alteration of such wetlands; or <br /> b. Where alteration is necessary to allow for reasonable <br /> use of property as provided in Section 5 of this <br /> Ordinance, or to allow access to a lot; or <br /> c. When the applicant demonstrates to the satisfaction of <br /> the Planning Director and Public Works Director that <br /> such activities will result in an enhancement of <br /> 17 <br />
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