Item B: Ordinance Concerning Goal 5 Natural Resources Study

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Ordinance - 25 NO.1 10/18/05 conservation area, including the area removed, complies with EC 9.4980(7); 5. The portion of the development site that remains in a IWR conservation setback area complies with EC 9.4980(1) through (5); and 6. The reduction occurs first by reducing the area of any portion of the resource site that extends landward beyond the conservation setback. If additional reduction in the IWR conservation area is needed to reduce the combined area to 33% of the development site area, the conservation setback area described in EC 9.4920(1)(b) may be reduced the minimum necessary to meet the standard in subsection 2. (b) For property containing a IWR conservation area due to a resource identified in the Goal 5 Water Resources Conservation Plan as a Category A, B or C stream or as a Category A wetlandt:!m adiustment to the Drovisions of EC 9.4920 mav be made if no Drevious adiustment under this section has been aDDroved and all of the folio win a are met: 1. The proposed reduction in the conservation setback distance is no more than 20%; 2. The portion of the development site removed from the IWR conservation area complies with EC 9.4980(2)(a)4., (4)(b), (5)(a), (8), (9), and (10); 3. The portion of the development site outside the IWR conservation area, including the area removed, complies with EC 9.4980(7); 4. The remaining IWR conservation setback area complies with EC 9.4980(1) through (5); 5. For Category A wetland sites, reduction in the width of the IWR conservation area shall occur first in areas where the adjacent wetland is of lower quality or is[IR6Fe] ~ disturbed by human activities and expansion of the width of the IWR conservation area shall occur first in areas where the adjacent wetland is of higher quality or is less disturbed by human activities; and 6. For riparian or upland wildlife habitat sites where a reduction in the width of the IWR conservation area is allowed, the conservation setback area may be reduced, to the extent practicable, according to the following priority order: a. Where the reduction area does not include a mapped Goal 5 resource site designated for protection in the Goal 5 Water Resources Conservation Plan, b. Where the adjacent habitat quality is lower. (c) For property containing a IWR conservation area due to a resource identified in the Goal 5 Water Resources Conservation Plan as a Category A or B stream or as a Category A wetland. an adiustment to the Drovisions of EC 9.4920 mav be made if no Drevious adiustment under this section has been aDDroved and all of the folio win a are met: 1. Conservation setback averaging is employed to maintain the same total area within the IWR conservation area within the development site that would have existed without the reduction