Ordinance 3676-19 - Laserfiche WebLink

iv. Do not score 5 or more points for habitat function based on the 2014 update to the Washington State Wetland Rating System for Western Washington: 2014 Update(Ecology Publication#14-06-029,or as revised and approved by Ecology) v. Do not contain a Priority Habitat or a Priority Areal for a Priority Species identified by the Washington Department of Fish and Wildlife,do not contain federally listed species or their critical habitat. b. Wetlands less than 1,000 square feet that meet the above criteria and do not contain federally listed species or their critical habitat are exempt from the buffer provisions contained in this Chapter. 4. The following actions, may be required to provide a habitat assessment or biological assessment under Chapter 37.190 of this title: Public Utility and Infrastructure Exception. If the application of this chapter would prohibit or unreasonably restrict the ability to provide necessary utilities or infrastructure improvements,a development proposal by a public agency or a utility to construct utility facilities for the conveyance of water, sewage, storm drainage,electricity, natural gas, cable or telecommunications, or the construction of streets and highways,the agency or utility may request an exception.Such a request shall be reviewed using the review process described in EMC Title 15, Local Project Review Procedures.The City may approve,or approve with modifications,such a request only when the following findings are made: a. The application of this chapter would prohibit or unreasonably restrict the ability to provide necessary utilities or infrastructure improvements or maintenance; b. There is no other reasonable alternative to the proposed development with less impact on the critical area;and c. The proposal mitigates impacts on the critical areas. d. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site; e. The proposal is consistent with other applicable regulations and standards. 5. Docks.This section does not apply to areas under jurisdiction of the Shoreline Master Program. a. Repair and maintenance of an existing legally established dock is permitted provided that all of the following criteria are met: i. There is no expansion in overwater coverage; ii. There is no increase in the size and number of pilings; iii. There is no use of toxic materials,such as creosote, CCA and other treated wood products; iv. There is no new spanning of water between three and thirteen feet deep; and v. There is no new increase in the use of materials creating shade. b. New docks are permitted subject to compliance with any WDFW HPA or U.S.Army Corps of Engineers permit conditions. Piers and docks shall be located,designed and constructed so as to cause minimum interference with public use of the water surface and shoreline;to mitigate the impacts to ecological function and critical areas;to avoid or minimize impacts to views; and to cause no undue harm to adjacent properties. c. New docks shall be a maximum of four feet in width and a maximum walkway width of four feet.Overwater surfaces shall be constructed of unobstructed grating which provides at least fifty percent(50%)of open surface area. Piles,floats or other parts of the structure that come in direct contact with the water shall be approved by applicable federal and state agencies for use in water and shall not be treated or coated with biocides such as paint, or pentachlorophenol. Use of arsenate compounds or creosote treated members is prohibited. EMC Title 19.37 (Critical Areas) Page 8