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Tree Ordinances and Admin Orders
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Tree Ordinances and Admin Orders
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of Agriculture and the U.S. Fish and Wildlife Service. <br /> (6) Filling, grading, excavating, depositing soils imported from off -site, and <br /> application of chemical herbicides, pesticides and fertilizers are prohibited <br /> unless they meet one of more of the following: <br /> (a) Are directly related to a use permitted in the /WB area. <br /> (b) Address an imminent threat to public health and safety. <br /> (c) Result in enhancement of water quality, and enhancement or maintenance <br /> of stormwater conveyance capacity, flood control capacity, groundwater <br /> discharge and recharge capacity and wildlife habitat. <br /> 9.4850 Exceptions. The planning director shall have authority to grant exceptions to the <br /> standard setback distances and permitted uses within /WB areas subject to site review <br /> approval and in accordance with the following provisions: <br /> (1) Criteria. Exceptions shall be granted only if the applicant demonstrates in <br /> writing that at least one of the following exists: <br /> (a) Through a combination of buffer enhancements and site design alterations <br /> a smaller buffer setback distance can provide protection to the resource <br /> that is equal to or better than that provided by the standard buffers <br /> specified above, including, but not limited to meeting or exceeding EC <br /> 9.2530 Natural Resource Special Standards (1) through (4). <br /> (b) No economically viable use allowed within the base zone or special area <br /> zone could occur as a result of the application of these setback and buffer <br /> provisions, and that this circumstance is not purposefully brought about by <br /> any deliberate action of the owner or developer of the property. <br /> An exception shall be granted by the planning director in these cases, and Type <br /> II buffers of less than 50 feet are permitted on high value wetlands and Type II <br /> buffers of less than 25 feet are permitted on moderate value wetlands. Setbacks <br /> around high value wetlands shall not be less than 25 feet in any case. <br /> (2) Buffer Averaging. Wherever practical, reductions in buffer distance from the <br /> standard buffer setback distances due to approved exceptions shall be <br /> accomplished through averaging the buffer distance on a site. Averaging means <br /> that when the buffer setback is reduced in one location, it is expanded <br /> somewhere else in compensation so that the total buffer area remains the same. <br /> (a) Wherever practical, reductions in buffer distance due to approved <br /> exceptions shall occur adjacent to lower value or less sensitive areas <br /> within a given wetland site and expansion of the buffer in compensation <br /> shall occur adjacent to higher value or more sensitive areas within a given <br /> wetland site. <br /> (b) To the extent practicable, wherever buffers are reduced from the standard <br /> setbacks along channel sites or other linear sites, buffers shall be increased <br /> on the opposite bank of the channel across from the area where the <br /> reduction is allowed. <br /> (3) Reductions to Other Standards. The planning director shall have authority to <br /> Ordinance - 175 <br />
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