Item B: Ordinance Concerning Goal 5 Natural Resources Study

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Ordinance - 26 NO.1 10/18/05 in the conservation setback distance. Conservation setback averaging shall be accomplished by expanding the /WR conservation area in an undeveloped area of the development site in compensation for reducing it in another area of the site, such that the total area of the /WR conservation area on the development site remains constant; 2. The conservation setback distance may be reduced in one or more locations by up to 30%. 3. The portion of the development site removed from the /WR conservation area complies with EC 9.4980(2)(a)4., (4)(b), (5)(a), (8), (9), and (10); 4. The portion of the development site outside the /WR conservation area, including the area removed, complies with EC 9.4980(7); 5. The portion of the development site remaining in the /WR conservation area complies with EC 9.4980(2) through (5); 6. For Category A wetland sites, reduction in the width of the /WR conservation area shall occur first in areas where the adjacent wetland is of lower quality or is more disturbed by human activities and expansion of the width of the /WR conservation area shall occur first in areas where the adjacent wetland is of higher quality or is less disturbed by human activities; and 7. For Category A or B streams,{where 3} reduction in the width of the [/WR cOllsen~3tioll 3re3 OR olle side of 3 stre3m is 3110Vled;} conservation setback area {Oil the opposite hall k of the stream trom the reductioll 3rea may he reduced;} shBl1 ~ to the extent practicable, according to the following priority order: a. Where the reduction area does not include an adjacent Goal 5 resource site designated for protection in the Goal 5 Water Resources Conservation Plan, b. Where the adjacent habitat quality is lower, c. Where the setback area can be expanded in compensation on the opposite bank of the stream from the reduction area if it is within the same development site. If the development site does not include the opposite bank for the stream, the expansion of the conservation setback shall occur elsewhere on the development site. (dJ For DroDertv containina a /WR conservation area due to a resource identified in the Goal 5 Water Resources Conservation Plan as a wetland. uDland wildlife habitat or riDarian site. an adiustment to the Drovisions of EC 9.4930 and EC 9.4980 mav be aDDroved if all of the folio win a are met: 1. The aDDlicant has shown that the strict aDDlication of the Drovisions of EC 9.4930 and 9.4980 would denv the DroDertv owner sDecific uses Dermitted to other DroDertv owners within the same Goal 5 resource site or a Goal 5 site of similar characteristics and in the same base zone and overlav zone(sJ. if anv. due to: