Ordinance 3676-19 - Laserfiche WebLink

or granted modifications shall not be exempt from other laws or permit requirements which may be applicable. A. Exemptions.The following are exemptions to the provisions of this chapter; however,the exemptions listed in this section may not be exempted from other state or federal regulations or permit requirements.Any incidental damage to, or alteration of, a critical area that is not a necessary outcome of the exempted activity shall be restored, rehabilitated, or replaced at the expense of the property owner. 1. Exempted actions. a. Emergencies that threaten the public health, safety and welfare, as verified by the city. Emergency actions that create an impact to a critical area or its buffer shall use reasonable methods to address the emergency; in addition,they must have the least possible impact to the critical area and/or its buffer; 2. Legally constructed structures and improvements in existence on the date the ordinance codified in this chapter becomes effective that do not meet the buffer requirements of this chapter may be remodeled, reconstructed,expanded or replaced; provided,that the new construction or related activity does not further encroach into a critical area or the portion of the required buffer between the critical of impervious surface.To the extent feasible based on site specific conditions, expansions shall result in no additional hydrologic impacts from stormwater runoff by using techniques such as low impact the zoning code; bc4. Existing and ongoing agriculture in agricultural zones in existence as of-January 3, 1990the date this chapter becomes effective; provided, however, at such time as the property ceases to be used for agricultural activities and a development activity is proposed,the property shall be brought into compliance with the provisions of this chapter; and further provided,that existing ditches and drain tiles are not expanded in a manner that will drain wetlands in existence as of the date this chapter becomes effective.This exemption does not apply to filling or alteration of wetlands not in agricultural use as of the date this chapter becomes effective. The city encourages the use of best management practices or farm conservation plans to reduce impacts of agricultural practices on critical areas; cd4. Normal and routine maintenance of legally constructed irrigation and drainage ditches; provided, that this exemption shall not apply to any ditches used by salmonids; de-. Normal and routine maintenance of agricultural ponds, livestock watering ponds and fish ponds; provided,that such activities shall not involve the conversion of any wetland or stream not used for such purposes on the date this chapter becomes effective; ef6. Entirely artificial structures or wetlands intentionally constructed by humans from upland areas for purposes of stormwater drainage or water quality control, or ornamental landscape ponds, which are not part of a mitigation plan required by this chapter; fg8. The following water, sewer, storm drainage, electric, natural gas, cable communications, and telephone utility-related activities, and maintenance of public streets and public park facilities when the activity does not expand or encroach further into the critical area, does not significantly impact a fish or wildlife habitat conservation area, and when undertaken pursuant to best management practices to minimize impacts to critical areas and their buffers: i. Normal, routine, and emergency maintenance or repair of existing utility structures or rights- of-way, including vegetation management. Planning Commission Resolution 19-04 Page 7 Critical Areas March 19, 2019