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HomeMy WebLinkAbout51281 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 OP. DINANCE NO. 5 I 2 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ADDING TO TITLE 18 ~ZONING", CHAPTER 18.48 "SUPPLEMENTAL DEVELOPMENT STANDARDS", A NEW SECTION 18.48.110 ENTITLED '~WETLAND MITIGATION". WHEREAS, the City's Zoning Ordinance provide for wetland mitigation as administrative use, or conditionally permitted the City's zoning districts; and WHEREAS, a new section Supplemental Development Ordinance to establish mitigation construction, would be allowed; NOW, THEREFORE, THE CITY COUNCIL OF WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. There is herewith added Code Title 18 "Zoning", Development Standards", a "Wetland Mitigation", as set which is by this set forth herein. Section 2. If any section, subsection, sentence, phrase or portion of adopted herein, is currently does not a permitted use, use in any of is proposed to be added to the Standards section of the Zoning the criteria under which wetland unrelated to development proposals, THE CITY OF AUBURN, to the Auburn City Chapter 18.48 "Supplemental new Section 18.48.110 entitled forth in the attached Exhibit "A" reference made a part hereof as though fully clause, this Ordinance or any of the provisions for any reason held invalid or Ordinance No. 5128 December 28, 1~98 Page 1 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 unconstitutional by any court of portion shall be deemed a separate, provision, and such holdin9 shall provisions thereof. Section 3. The Mayor is hereby such administrative procedures as may the directions of this legislation. Section 4. This Ordinance shall out force five (5) days from and after its publication, as provided by law. competent jurisdiction, such distinct and independent not affect the remaining authorized to implement be necessary to carry take effect and be in passage, approval and INTRODUCED: PASSED: APPROVED: Jan,~ry 4, 1999 Jannary 4, ]999 January 4, 1999 CHARLES A. BOOTH MAYOR ATTEST: Da~%elle E. Daskam, City Clerk Ordinance #o. 5128 December 28, 1~98 Page 2 1 2 3 APPROVED AS TO FORM: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Michael J. Reynolds, City Attorney Published: Ordinance No. 5128 Decentber 28, 1~98 Page 5 18.48.110 Wetland mitigation site construction proposed by other public agencies for their projects not located in Auburn. The following siting criteria shall apply to all wetland mitigation site construction, within the City of Auburn, the purpose of which is to mitigate the impacts of a project, that is not located within the City of Auburn. Off-site wetland mitigation construction, that is associated with a project that is located within the City of Auburn, shall be reviewed concurrently with that proposal and will not be subject to the following. A. Definitions 1. Wetland mitigation site construction; for the purposes of this section (18.48.110) the term wetland mitigation site construction shall mean the construction of new wetlands on existing nonwetland property and/or the enhancement of existing wetlands. B. Siting criteria Wetland mitigation site construction may be allowed within any zoning district within the City of Auburn subject to all of the following criteria. At a minimum the proponent of wetland mitigation site construction shall apply for and receive from the City of Auburn a grading permit before said construction begins. 1. The wetland mitigation site must be linked to and be compatible with a comparable naturally occurring ecosystem, e.g., another wetland, river, stream, etc. The constructed wetland mitigation site cannot be an isolated mitigation site. 2. Only a public agency may propose a wetland mitigation site pursuant to this section. Before starting construction the public agency, proposing the wetland construction, must have an approved budget that has sufficient financial capability to construct the wetland mitigation project. The public agency must also provide the City a written commitment to complete the project, to the City's satisfaction, once construction starts. 3. The project, outside of Auburn, that is creating the need for the wetland mitigation shall be a public project of a regional or statewide significance and shall be a benefit to the general public. The proponent shall demonstrate to the City's satisfaction that it is impractical to mitigate wetland impacts in the jurisdiction and/or drainage basin where the wetland impact Occurs. 4. There must not be a loss of buildable upland property such that it would be a financial burden to other properties in the area, or the City, with regard to funding capital improvement projects. This would include, but not be limited to the participation or potential participation in Local Improvement Districts (LID'S), the financial participation in City of Auburn capital improvement projects, or system development charges. Financial contributions may be used to off set the loss of the financial participation and shall require a separate legal binding contract to be executed between the City and the public agency. 5. There must not be a loss of buiidable upland property that would diminish the city's ability to meet its responsibilities with regard to the Growth Management Act or Comprehensive Plan. 1848110C Exhibit "A" Ordinance No. 5128