Ordinance 3676-19 - Laserfiche WebLink

A. &—Wetland Preservation/Alteration Thresholds. 1. Category I Wetlands. All category I wetlands shall be preserved except as provided in this chapter. The planning director, using the review process as described in EMC Title 15, Local Project Review Procedures, may allow alteration of category I wetlands: a. Where alteration is allowed pursuant to Section 19.37.050 of this chapter; or b. The alteration is to allow a public park or public recreational use; provided,that there is no feasible and reasonable alternative to making the alteration and the alteration does not act to degrade the functions of the wetland, or the alteration proposed has a reasonable likelihood of being fully mitigated; 2. Category 11, 111, and IV Wetlands. All categoryII, Ill, and IV wetlands shall be preserved except as provided in this chapter.The planning director, using the review process described in EMC Title 15, Local Project Review Procedures, may allow alteration of category II wetlands: a. Where alteration is allowed pursuant to Section 19.37.050 of this chapter; or b. Where impacts cannot be avoided, and the applicant demonstrates through a mitigation sequencing analysis that reduction in the size, scope, configuration, or density of the project as proposed and all alternative designs of the project as proposed that would avoid or result in less adverse impact on a regulated wetland or its buffer are not feasible and will not accomplish the basic purpose of the project; 3. Category I, II, III, and IV Wetlands in the Silver Lake Watershed.When alteration of wetlands in the Silver Lake Watershed is allowed in subsections B.1 and B.2 of this section,the applicant must also demonstrate to the satisfaction of the planning director and public works director that such activities will result in an enhancement of wetlands which improves the water quality functions of the wetland, or will improve the other functions of the wetland if the water quality functions of the wetland will not be degraded. Any such proposed activities shall be reviewed using the review process described in EMC Title 15, Local Project Review Procedures; 4. The director may approve alteration of wetlands and buffers when proposedcomplcted to restore or enhance wetland functions. BC. Compensating for Wetland Impacts. Wetland and buffer alteration allowed by this section shall be subject to the following requirements: 1. Each activity/use shall be designed so as to minimize overall wetland or buffer alteration to the greatest extent possible. 2. Construction techniques and field marking of areas to be disturbed shall be approved by the city prior to site disturbance to ensure minimal encroachment. 3. A mitigation plan shall be prepared in accordance with subsection D of this section. 4. The city may require the applicant to rehabilitate a wetland or its buffer by removing debris, sediment, nonnative vegetation, or other material detrimental to the area by replanting disturbed vegetation, or by other means deemed appropriate by the city. Rehabilitation or restoration may be required at any time that a condition detrimental to water quality or habitat exists. 5. Wetland Compensation Ratios. In approving alteration or relocation of a wetland, the city shall require that an area larger than the altered portion of the wetland be provided as compensation for destruction of the functions of the altered wetland and to ensure that such functions are replaced.The ratios in this section apply to creation, restoration, and enhancement which is in-kind (within the same hydrogeomorphic(HGM) class),on or adjacent to the site,timed prior to or concurrent with alteration, and has a high probability of success.The city may accept or recommend compensation which is off-site and/or out-of-kind, if the applicant can demonstrate that on-site compensation is infeasible due to constraints such as parcel size or wetland type or Planning Commission Resolution 19-04 Page 38 Critical Areas March 19, 2019