Ord 2625 - TMC Title 18 Chapters - Critical Areas Regulations

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a. The wetland has significant differences in characteristics that affect its habitat functions, and the buffer is increased adjacent to the higher -functioning area of habitat or more -sensitive portion of the wetland and decreased adjacent to the lower - functioning or less -sensitive portion as demonstrated by a critical areas report. b. There are no feasible alternatives to the site design that could be accomplished without buffer averaging, and the averaged buffer will not result in degradation of the wetland's functions and values as demonstrated by a critical areas report. c. Compliance with mitigation sequencing requirements (TMC Section 18.45.075). d. Compliance with TMC Chapter 18.45, "Vegetation Protection and Management" section. e. Submittal of buffer enhancement plan, mitigation monitoring and maintenance plan along with financial guarantee in accordance with this chapter. 2. Interrupted Buffer. Waiver for interrupted buffer may be allowed by the Director as a Type 2 permit if it complies with the following: a. The buffer is interrupted by a paved public or private road; existing or future levee legally constructed adjacent to an off -channel habitat, legally constructed buildings or parking lots. This waiver does not apply to accessory structures such as sheds and garages; b. The existing legal improvement creates a substantial barrier to the buffer function; c. The interrupted buffer does not provide additional protection of the critical area from the proposed development; and d. The interrupted buffer does not provide significant hydrological, water quality and wildlife functions. This waiver does not apply if large trees or other significant native vegetation exists. e. Enhancement of remaining buffer is required if feasible. 3. Buffers for all types of wetlands will be increased when they are determined to be particularly sensitive to disturbance or the proposed development will create unusually adverse impacts. Any increase in the width of the buffer shall be required only after completion of a wetland study by a qualified wetlands professional or expert that documents the basis for such increased width. An increase in buffer width may be appropriate when: a. The development proposal has the demonstrated potential for significant adverse impacts upon the wetland that can be mitigated by an increased buffer width; or; b. The area serves as a habitat for endangered, threatened, sensitive or monitor species listed by the federal government or the State. w:\Legislative Development\Critical Areas update 2-25-20 MD:bjs Review and analysis by Barbara Saxton Page 21 of 87