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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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At <br /> i) uncertainty as to the probable success' of ,the <br /> proposed restoration or creation; <br /> ii) significant period of time between destruction and <br /> replication of wetland functions; <br /> iii) projected losses in functional value; <br /> iv) the relocation is off-site or the replacement is <br /> with out-of-kind compensation; <br /> v) the wetland has been illegally filled or altered. <br /> e. The City may decrease these ratios if the findings of a <br /> wetlands mitigation plan demonstrates that no net loss <br /> of wetland functional values will result from the <br /> decreased ratio. <br /> f. In no case shall the replacement acreage be less than <br /> that which is altered. <br /> 6 . When wetland compensation is allowed, the City may require <br /> that the wetland compensation be completed and functioning <br /> prior to allowing the existing wetland to be filled or <br /> altered. For Category I wetlands, the City shall require <br /> the relocated wetland area to be completed and functioning <br /> prior to allowing the existing wetland to be altered. <br /> 7 . The City may limit certain development activities near a <br /> wetland to specific months in order to minimize impacts on <br /> wetland functional values. <br /> 8. The City may apply additional conditions or restrictions, or <br /> require specific construction techniques in order to <br /> minimize impacts on wetland functional values. <br /> 9. Wetland compensation shall not occur in areas having high <br /> quality terrestrial habitat. <br /> 10. The City may allow wetland mitigation banking in lieu of <br /> other forms of wetland impact mitigation when the mitigation <br /> site being used for the credit allowed pursuant to this <br /> Section is either a wetland created from a site which was <br /> previously non-wetland or a wetland of lesser size or <br /> functional value than the wetland being altered. Under the <br /> wetland mitigation banking process, alteration of a wetland <br /> on the development site shall occur only when the created or <br /> enhanced wetland is successfully functioning in accordance <br /> with an approved wetland mitigation plan. The created or <br /> enhanced wetland shall have greater functional value than <br /> that being altered. In evaluating a wetland mitigation <br /> banking proposal, the Planning Director shall determine the <br /> amount of credit given for mitigation banking using the <br /> ratios described in Subsection 5 of Paragraph C of Section <br /> 11 of this Ordinance as a guide. The amount of credit will <br /> be dependent upon the functional value of the wetland being <br /> altered and the wetland being used for mitigation banking. <br /> The City, using Review Process II.C, may allow wetland <br />
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