28.12.180 Buffers.
(1) Buffers have, in some cases, been determined to be necessary to protect critical areas and their functions. Where specific buffers are identified, those buffers are deemed “required” or “standard” buffers. See Table 28.16.080(1) for wetland buffers.
(a) Except as otherwise specified herein, required buffers shall be retained in their preexisting condition. If a project does not propose any alteration of buffers or of the associated critical area, then subject to the following provision, no additional mitigation will be required to protect the critical area. Additional mitigation beyond the required buffer shall be required if the Department of Community and Economic Development finds that, based on unique features of the critical area or its buffer or of the proposed activity, the required buffers will not adequately protect the function of the critical area or prevent risk of hazard from the critical area and that additional mitigation or buffering is required to protect the critical area function or to prevent risk of hazard from the critical area.
(b) The buffer shall be marked prior to any site alteration, and boundary markers shall be visible, durable, and permanently affixed to the ground. The boundary markers shall remain until all activity is completed and a final site inspection is completed.
(c) An eight-foot-minimum setback shall be required from the buffer area for any construction of impervious surface area greater than 120 square feet. Clearing, grading, and filling within this setback shall only be allowed when the applicant can demonstrate that vegetation within the buffer will not be damaged.
(d) Where temporary buffer disturbance or alteration has or will occur in conjunction with regulated activities, revegetation with appropriate native vegetation shall be required and completed one month before the end of the growing season.
(e) Normal nondestructive pruning and trimming of vegetation for maintenance purposes, or thinning of limbs of individual trees to provide a view corridor, shall not be subject to these buffer requirements. Enhancement of a view corridor shall not be construed to mean excessive removal of trees or vegetation that impairs views.
(2) If the applicant proposes to reduce required buffers or to alter the required buffer, then the applicant shall demonstrate why such buffer modification, together with any alternative mitigation proposed in the critical area detailed study, is sufficient to protect the critical area function or to prevent risk of hazard from the critical area.
(3) The critical area detailed study shall make adequate provision for long-term buffer protection. Periodic inspection of the buffers may be required if deemed to ensure long-term buffer protection. [Ord. 4525 § 1, 2021; Ord. 3911 § 2, 2009; Code 1970 § 28.12.190. Formerly 28.12.190.]