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Ordinance 3457-15
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Ordinance 3457-15
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1/31/2020 4:00:04 PM
Creation date
10/28/2015 11:42:13 AM
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Ordinances
Ordinance Number
3457-15
Date
10/21/2015
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a. Increased Mitigation Ratios. The city may increase the ratios under any one of the <br />following circumstances: <br />i. Uncertainty as to the probable success of the proposed restoration or creation; <br />ii. Significant period of time between destruction and replication of wetland <br />functions; <br />iii. The proposed mitigation will result in a lower category wetland or projected <br />losses in functions relative to the wetland being impacted; <br />iv. The relocation is off-site or the replacement is with out -of -kind compensation; <br />v. The wetland has been illegally filled or altered. <br />b. Decreased Mitigation Ratios. The city may decrease these ratios under the following <br />circumstances: <br />i. Documentation by a qualified wetland specialist demonstrates that the proposed <br />mitigation actions have a very high likelihood of success. <br />ii. Documentation by a qualified wetland specialist demonstrates that the proposed <br />mitigation actions will provide significantly greater functions than the wetland <br />being impacted. <br />iii. The mitigation actions are conducted in advance of the impact and have been <br />shown to be successful. <br />c. In no case shall the mitigation acreage be less than that which is altered. <br />6. When wetland compensation is allowed, the city may require that the wetland <br />compensation be completed and functioning prior to allowing the existing wetland to be <br />filled or altered. For category I wetlands, the city shall require the relocated wetland area <br />to be completed and functioning prior to allowing the existing wetland to be altered. <br />7. The city may limit certain development activities near a wetland to specific months in <br />order to minimize impacts on wetland functions. <br />8. The city may apply additional conditions or restrictions or require specific construction <br />techniques in order to minimize impacts on wetland functions. <br />9. Wetland compensation shall not occur in areas having high-quality terrestrial habitat. <br />10. When wetland compensation is allowed, mitigation areas shall be located to preserve or <br />achieve contiguous wildlife habitat corridors to minimize the isolation and fragmenting <br />effects of development on habitat areas. <br />11. When wetland creation is proposed, all required buffers for the creation site shall be <br />located on the proposed creation site. Properties adjacent to or abutting wetland creation <br />projects shall not be responsible for providing any additional buffer requirements. <br />12. Wetland mitigation banks are sites where wetlands are restored, created, enhanced, or in <br />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 />15 <br />
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