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Ordinance 3676-19
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Ordinance 3676-19
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5/21/2019 10:47:20 AM
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Ordinances
Ordinance Number
3676-19
Date
5/15/2019
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v. Do not contain a Priority Habitat or a Priority Areal for a Priority Species identified by the <br /> Washington Department of Fish and Wildlife,do not contain federally listed species or their <br /> critical habitat,or species of local importance identified in Chapter XX.XX. <br /> b. Wetlands less than 1,000 square feet that meet the above criteria and do not contain federally <br /> listed species or their critical habitat are exempt from the buffer provisions contained in this <br /> Chapter. <br /> 7. Wetland Size Exemptions.The following wetlands are exempt from compliance with the miti_ation <br /> sequencing provisions in Section 37.120.AMiti_ation must be •rovided for an a•'roved im•acts ter <br /> Section 37.120.0 through F.: <br /> 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 of priority species <br /> identified by the Washington State Department of Fish and Wildlife. <br /> b. Category III and IV wetlands between one thousand square feet and four thousand square feet in <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 of priority species <br /> iv. The wetland scores three or four points for habitat in the 2014 Western Washington Wetland <br /> Rating System. <br /> 3. The following actions, may be required to provide a habitat assessment or biological assessment <br /> under Chapter 37.170 of this title: <br /> a. Public Utility and Infrastructure Exception. If the application of this chapter would prohibit or <br /> unreasonably restrict the ability to provide necessary utilities or infrastructure improvements, a <br /> development proposal by a public agency or a utility to construct utility facilities for the conveyance <br /> of water, sewage, storm drainage,electricity, natural gas, cable or telecommunications,or the <br /> construction of streets and highways,the agency or utility may request an exception.Such a request <br /> shall be reviewed by the hearing examiner using the review process described in EMC Title 15, Local <br /> Project Review Procedures.The CityHearing Examiner may approve, or approve with modifications, <br /> such a request only when the following findings are made: <br /> i. The application of this chapter would prohibit or unreasonably restrict the ability to provide <br /> necessary utilities or infrastructure improvements or maintenance; <br /> ii. There is no other reasonable alternative to the proposed development with less impact on <br /> the critical area; and <br /> iii. The proposal mitigates impacts on the critical areas. <br /> iv. The proposal does not pose an unreasonable threat to the public health, safety,or welfare <br /> on or off the development proposal site; <br /> v. The proposal is consistent with other applicable regulations and standards. <br /> Planning Commission Resolution 19-04 Page 10 <br /> Critical Areas March 19, 2019 <br />
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