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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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modification as provided in this chapter. This section lists the activities which are exempt from <br />the regulations of this chapter, the exceptions which may be granted to the requirements of this <br />chapter, and the administrative modifications which can be granted to other requirements of this <br />title of the city code. <br />All activities or developments which are exempted, excepted, or granted modifications shall use <br />reasonable methods to avoid and minimize potential impacts to critical areas, including use of <br />any applicable best management practices. Such activities or developments which are exempted, <br />excepted, or granted modifications shall not be exempt from other laws or permit requirements <br />which may be applicable. <br />A. Exemptions. The following are exemptions to the provisions of this chapter; however, the <br />exemptions listed in this section may not be exempted from other state or federal regulations or <br />permit requirements. Any incidental damage to, or alteration of, a critical area that is not a <br />necessary outcome of the exempted activity shall be restored, rehabilitated, or replaced at the <br />expense of the property owner. <br />7. Wetland Size Exemptions. The following wetlands are exempt from compliance with the <br />mitigation sequencing provisions in Section 37.120.A of this chapter: <br />a. Category I, II, III, and IV wetlands less than one thousand square feet in area that <br />meet all of the following criteria: <br />i. The wetland is not associated with a riparian corridor; <br />ii. The wetland is not part of a wetland mosaic; and <br />iii. The wetland does not contain habitat identified as essential for local populations <br />of priority species identified by the Washington State Department of Fish and <br />Wildlife. <br />b. Category III and IV wetlands between one thousand square feet and four thousand <br />square feet in area that meet all of the following criteria: <br />i. The wetland is not associated with a riparian corridor; <br />ii. The wetland is not part of a wetland mosaic; <br />iii. The wetland does not contain habitat identified as essential for local populations <br />of priority species identified by the Washington State Department of Fish and <br />Wildlife; and <br />iv. The wetland scores less than twenty points for habitat in the 2004 Western <br />Washington Wetland Rating System. <br />Mitigation must be provided for any approved impacts per Section 37.120.0 through F or <br />payment of a mitigation fee to the city. Payment of a mitigation fee is allowed subject to <br />the city establishing a program to mitigate cumulative impacts of wetland losses by <br />acquiring wetlands, acquiring conservation easements which will protect wetlands, <br />establishing wetland mitigation banks or purchasing mitigation credits in established <br />wetland mitigation banks, or creating wetlands. The program must establish a mitigation <br />fee schedule for exempt wetlands. Mitigation fees shall be paid to the city prior to the <br />issuance of permits authorizing wetland alteration. <br />is hereby amended to read as follows: <br />Exemptions — Exceptions - Modifications <br />
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