28.12.170 Mitigation standards for wetlands, fish and wildlife habitat conservation areas and geologic hazard areas.
(1) All proposed critical area alterations shall include mitigation sufficient to maintain the function and values of the critical area, or to prevent risk from a hazard posed by a critical area. Mitigation of one critical area impact should not result in unmitigated impacts to another critical area. Mitigation includes avoiding, minimizing, or compensating for adverse impacts to critical areas or their buffers. The preferred sequence of mitigation is defined.
(a) Avoid the impact altogether by not taking a certain action or parts of an action.
(b) Minimize the impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts.
(c) Rectify the impact by repairing, rehabilitating or restoring the affected environment to the conditions existing at the time of the initiation of the project.
(d) Reduce or eliminate the impact over time through use of preservation and maintenance operations during the life of the action.
(e) Compensate for the impact by replacing, enhancing, or providing substitute resources or environments.
(f) Monitoring the impact and taking corrective measures. Documentation of consultation with the agency of authority or jurisdiction over the critical area in question.
(2) Possible mitigation techniques include, but are not limited to, buffers, setbacks, limits on clearing and grading, creation of artificial wetlands or other applicable compensation measures to mitigate impacts, streambank stabilization, modified construction methods, and BMPs for erosion control and maintenance of water quality.
All proposed mitigation shall be documented in a mitigation plan included as an element of the critical area detailed study. The mitigation plan shall include a description of the following:
(a) The proposed mitigation;
(b) How the proposed mitigation will maintain the critical area function, any ongoing monitoring and/or inspection that may be required to ensure the adequacy of the proposed mitigation, and an evaluation of the anticipated effectiveness of the proposed mitigation;
(c) Any remedial measures that may be required, depending on the outcome of that ongoing monitoring and/or inspection;
(d) Any required critical expertise necessary to install, monitor, or inspect the proposed mitigation; and
(e) Any bonding or other security required to insure performance and/or maintenance of the proposed mitigation. [Ord. 4525 § 1, 2021; Ord. 3911 § 2, 2009; Code 1970 § 28.12.180. Formerly 28.12.180.]