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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
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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
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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