All riparian or wetland restoration, creation and/or enhancement projects required under this chapter either as a permit condition or as a result of an enforcement action shall follow a mitigation plan prepared by a qualified professional and approved by the Director of Building and Housing. The applicant or violator shall receive written approval of the mitigation plan by the Director of Building and Housing prior to commencement of any wetland area restoration, creation or enhancement activity. To realize preservation goals, the City will use the following methods of riparian or wetland impact mitigation in order of preference:
(a) The applicant shall avoid all impacts that degrade the functions and value of the wetland. Unless otherwise provided in this chapter if alteration to the area is unavoidable, all adverse impacts to the area and associated buffer resulting from a development proposal shall be mitigated under an approved wetland report and an approved mitigation plan.
(b) Mitigation shall be in-kind and onsite, when possible, and sufficient to maintain the functions and values of the riparian/wetland area.
(c) Mitigation shall not be implemented until after the Director of Building and Housing or his or her designated authority has approved the appropriate wetland report and mitigation plan.
(d) Mitigation Measures. Mitigation shall achieve equivalent or greater biological and habitat functions as existed in wetland prior to mitigation. Applicants shall demonstrate that all reasonable efforts have been examined with the intent to avoid and minimize impacts to these areas. When an alteration is proposed, such alteration shall be avoided, minimized, or compensated for in the following order of preference:
(1) Avoid impact altogether by not taking a certain action or parts of an action;
(2) Minimize impact by limiting the degree or magnitude of the action by project redesign, relocation, timing changes, or technological applications;
(3) Rectifying the impacts to wetlands, frequently flooded areas, and habitat conservation areas by repairing, rehabilitating, or restoring the affected environment to conditions equal to or higher quality than at the time of initiation of the project;
(4) Restoring, replacing, or enhancing the wetland on site of the project;
(5) Restoring, replacing, or enhancing degraded riparian corridors/wetlands in the same sub-basin;
(6) Preserving high quality wetlands that are under eminent threat;
(7) Reduce or eliminate the impact over time by prevention and maintenance operations during the life of the actions;
(8) Compensate for the impact by replacing, enhancing or providing substitute resources or environments;
(9) All mitigation efforts will be monitored and remedial action taken if necessary
(10) Mitigation actions shall be conducted within the same sub-drainage basin and on the impacted site.
(Ord. No. 1555-13. Passed 10-17-16, eff. 10-19-16)