5A - Recommendation to City Council on an ordinance amending Title 9, B.R.C. 1981, "Wetlands Protection" CITY OF BOUI,llF,R '
NI,ANNINC BOARD AGENDA ITEM
MEETING DATE: March 19, 2009
AGENDA Z'IT1,E: Public hearing and consideration of a recommendation to City Council on
an ordinance amending Title 9, B.R.C. l 981, "Wetlands Protection."
REQUESTING llEPARTMENT:
Ruth MCHeyser, Executive Director of Community Planning
Maureen Rait, Executive Director of Public Works
David Driskell, Deputy Director of Community Planning
Susan Richstone, Long Range Planning Manager
Jeff Arthur, Engineering Review Manager
Bev Johnson, F,nvironmental Planner
Katie t{nape, Civil engineer II
F,XECUTIVF, SUMMARY:
The purpose of this itcrll is #or Planning Board to make a I-ecornmendation to City Council on an
ordinance amending Title 9, B.R_C. 1981, "Wetlands Protection" (Attachment A). (An
unmarked version of the proposed ordinance can be found on the project Web site listed below in
the Public Comment and Process section.)
The purpose of the Wetlands Protection Ordinance Revision Project is to develop a more
effective and balanced approach to wetland and stream protection. Staff initiated the Wetlands
Ordinance Revision Project in November 2008 to respond to issues raised by the board and
public during the 2004 Comprehensive Wetlands Remapping Project. The major issues involved
the city's Curl-ent approach to designating buffer widths, the lack of clarity onuses that arc
allowed or prohibited in the buffer area, and the process and expense of obtaining permits.
Planning Board and City Council endorsed a set of objectives for the project that are outlined in
Attachment C.
Planning Board has reviewed and made recommendations on all the major policy changes
included in the proposed ordinance. (For a summary of the proposed changes, see Attachment
B). A few minor proposed changes to the permit review requirements and process (see page 3)
have not yet been reviewed by the board.
At the January 22, 2009 Planning Board meeting, questions were raised about the anticipated
cost of permits under the new ordinance. Staff has outlined the estimated permit fees on page 5.
.4gentla II'e~ g_ p~gp ~
A discussion of the city's cost recovery policy as it pertains to wetland pcrtt~it lees is also
included.
PUBLIC COMMENT AND YROCh,SS:
Several public meetings have been held on the proposed revisions throughout all three phases of
the project (see Attachment D). A compilation of comments received can be found on the
pr~~jcct Web site at.:
www.boulderplandevelop.net > Wetlands Protection Program
'fhc latest public meeting was held on March 4, 2009 to receive feedback on the draft ordinance.
Eleven members of~the public attended the open house. Some of the attendees voiced their
dissatisfaction with regulation of a buffer area in general. Most of the attendees expressed their
support for the changes. Public comments received from this meeting are in Attachment E.
Staff met with internal stakeholders from other city departments for feedback. Staff members in
other dcpart?nents were generally supportive of the changes and said that the proposed changes
hr~+vide more clarity and common sense to the ordinance.
S'fAF~ RI?COMMh:NUA'TION:
Staff recommends that Planning Board recommend to City ('ouncil adoption of the ordinance
amending Section 9-3-9, Wetland Protection," B.R.C. 19K I, and setting forth related details as
shown in Attachment A.
ANALYSIS:
An ordinance amending the current Wetlands Protection overlay district in the land use code
(Section 9-3-9, B.R.C. 1981) is included in Attachment A. Several substantive policy changes to
the ordinance are proposed. (See Attachment B for a summary of the changes by ordinance
subsection.) All of the proposed major changes have been reviewed by Planning Board at
previous meetings. The primary intent of the proposed changes will he to provide more clarity,
common sense and cost efficiency to the regulation of I3ouldcr's streams, wetlands and water
bodies. '['hc major policy changes that have been reviewed by the board are as follows:
1. New definitions for streams, wetlands and water bodies.
2. Anew methodology for categorizing wetlands, stream, and water bodies by Category A
or Q.
3. A three-zone regulatory structure.
4. Anew chart that clarifies the requirements for individual activities in each zone (allowed,
allowed with notice, conditional use review, standard permit review, and prohibited).
5. Specific review criteria (or standards) for conditional permits by individual zone.
6. New processes for: a) requesting a variance to a prohibited activity, b) changing stream,
wetland or water body boundaries, and c) changing functional evaluations.
~.genda l~ ~ ~ Park ~
After receiving additional stakeholder input and looking more closely at the estimated permit
fees, staff made a few refinements to the use table (Subsection 9-3-9e of Attachment A). These
refinements include the following:
l . Items through #4: a) Prohibit construction of new minor structures or impervious
surface in the inner zone if it covers a total surface area of 2S sq. ft. or more, and b) the
cumulative total threshold is changed from 2S% to 20% of the zone.
2. Item #19: Exempt the addition of new plant material in the inner zone if it covers an area
of less than 20% ofthe •r.one.
3. Item #21: Exempt new lighting in the inner zone.
Staff is proposing a few more policy changes to the ordinance which Planning Board has not yet
reviewed. 'These changes include the following:
l . Stream Wetland and Water Body Mau~in~; -Subsection 9-3-9(c): Staff is proposing to
change the required field manual for mapping wetlands in the field from the 1989
Federal Manual for Identifying and Delineating Jurisdictional Wetlands to the 1987
manual T'hc 1987 is the approved manual used to meet federal wetland identification
requirements and is the standard methodology used by the majority of wetland scientists.
2. Activitieti Exemt~t from a Stream Wetland or Water Body Permit - Para::ranh 9-3-
9 e t'4 :Staff added the following exemptions: a) alteration of water levels for the
purpose of diverting, storing and carrying water under a water right, and b) the removal
of damaged ordisease-ridden vegetation.
3. Permit Application CZcquircments and Review Process Para~rat~h `~-3-9(f)(2): Staff is
proposing to limit the requirement for a wetland biologist to permit applications
involving a mitigation plan.
Fees and Cost Recovery
Costs associated with wetland permits have been a concern for both Planning Board and the
public and a key consideration in developing the proposed wetlands ordinance changes. The
Wetlands Protection Progc'arn is currently broken into two components:
1. Wetlands Vlana ement activities such as policy development, code updates,
administration, and mapping which are subject to a U% cost recovery policy and are
budgeted at 0.14 P'TE, and
2. _Wetlands Permitting activities which are subject to a 100% cost recovery policy -meaning
pcnnit fees are established to recover the full cost of service of the associated U.18 FTE.
'Taken as a whole, the pro~arn is approximately 60% cost recovered through permit fees. Permit
fees for simple permits are currently $S80 and $2,31 S for standard permits.
'gend~lleal ~ ~ P~~ ,
Staff anticipates permit activity in 2009 and 20I0 to be similar to that in 2008. Although mare
activities would be exempted under the new ordinance, there is also increased awareness of the
ordinance. Last year, most permit applications were for city-related activities in the buffer area
(e.g. trails, utility line installation, bank stabilization) and required only a simple permit review
(see table 1 below). Planning and Development Services received seven permit applications for
proposed activities on private land and the majority of these applications required only a simple
permit review.
Table_1: Number of Permit Applications in 2008
Activity Public Private
Buildings and Additions 1 (simple) 0
Other Structures 1 (simple) 2 (simple)
1 (standard)
Pavement, Trails or Other Surfacing 7 (simple) 1 (simple)
Landscaping 2 (simple) 2 (simple)
Stream or Flood Improvements 5 (simple) 1 (standard)
5 (standard)
Total 21 /
The proposed changes to the wetlands ordinance take a number of steps intended to reduce the
financial burden for most applicants. The new ordinance provides exemptions (in specirc zones)
for a several activities that currently require a permit (e.g. fences, pervious surfaces, paths,
plantings, lighting, minor vegetation removal); resulting in complete elimination of associated
fees. "1'he crew ordinance also eliminates the resource-intensive discretionary review, public
t~otice, and Planning Board call-up requirements for many activities (e.g. fence replacement,
sediment removal, drop-structure repair). Fees for conditional use reviews (without public
process) are proposed to range from $85 to $350, depending on the activity type (compared to
$580 under the current ordinance). In addition, the elimination of the requirement that these
pcr-mits be prepared by a wetlands biologist will result in further cost reductions for permit
applicants (approximately $2,000 - $4,000). As an example, a permit to construct a new fence in
the buffer zone currently costs $580. Under the new ordinance, construction of a new fence
would be exempted in the cuter zone and require a conditional use permit in the inner zone at an
estimated cost of $170 (see table 2 below). Standard permits (with public process), such as work
directly in stream channels, are proposed to have fees ranging from approximately $1,400 to
$2,000 compared to $2,315 under the current ordinance. The following table lists the estimated
fees for each type of activity under the new ordinance:
lrtpnda I~¢t ~~c+a ~ 7
Table 2: F,stimated Permit Fees Under the Proposed Ordinance
Activity Conditional Standard
Permits Permits_
Buildings and Additions $85 $2,000
Other Structures $170 $1,400
Pavement, Trails or Other Surfacing $340 $1,400
Landscaping $340 $1,400
Stream or Flood Improvements $340 $2,000
Application Revisions $50 $250-500
f7ne area where fees arc proposed to increase is for projects that require mitigation and
IIlOI11tOCin~'. C'urrenlly, there is Ile fee assessed ii)r the on-going monitoring needed to evaluate
the; success of wetlands C011StClleted t0 meet ITIlilga11011 1'egUll'CIne11tS. VCI"y IT11I11111aI staff
resources are dedicated to this area and a recent study by the Open Space and Mountain ['arks
Department was inconclusive about the effectiveness oi~ previous mitigation plans. Staff is
proposing to shift resources li'om more general pcnllitting activities to increase. tl~e: amount of
time spent monitoring wan'anty requirements to ensure that mitigation plans are achieving
intended results. Ices for permits that require mitigation will be modified to include an annual
monitoring fee of approximately $G80/year during the warranty period (up to five years).
NEXT S"PEPS:
Following Planning Board's recommendation, staff will schedule the ordinance for consideration
by Ciiy Council. The tentative date far the first reading is April 7. The final ordinance for
council will include revisions t.o the wetland pcnnit fee schedule in Section 4-20-53, "Wetland
Permit and Map Revision Fees," B.K.C. 1981.
Approved By:
~c,~~
Ruth McHeyser, Cx cutive Director of Community Planning
"~Qntla Item p8~ ~ , _
ATTACIINICN'I'S:
A: Proposed Ordinance Amending Section 9-3-9, "Wetlands Protection," B.R.C. ] 981.
Q: Summary of Changes to the Wetlands Protection Ordinance
C: Sununary of Public Meetings
D: Public Ci~mments from the March 4, ?009 Open l louse
Agenda Ism ~d P+~ ~
ATTACHNIFNT A
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 9-3-9,
WF,TLANDS PROTECTION," B.R.C. 1981, AND
SETTING FORTH RELATED DETAILS.
BE IT ORDAII~TED BY THE CITY COUNCIL OF THE CI7`Y OF BOULDER,
COLORADO:
Section. 1. Subsections 9-3-9(a)(b) and (c), B.R.C. 1981, arc amended to read:
9-3-9 Stream, Wetlands and ~i ater t3od~• Protection.
(a) Legislative Intent:
(1) It is the intent of the city council in enacting this section to preserve, protect,
restore and enhance the ilullity and diversity oFstreams. wetlands and w~licr
bodies. The council finds that siream, wetlands and water bodies are
indispensable and fragile natural resources with significant development
constraints due to high groundwater, flooding, erosion, and soil limitations, and
that development activities may threaten ~tl~#sthc~e resource. The
presezvation of strcanls. wetlands and water budie~ under this section is consistent
with the goal of wetland protection. set forth in the Boulder Valley Comprehensive
Plan. •
(2) The city council finds that l~nany strcanls_wetlands and ~ti~atcr bodic have been
either lost or impaired by draining, dredging, filling, excavating, building,
chaunellzuur, polluting, and other acts. Piecemeal and cumulative losses destroy
or diminish the functions of the remaining strcanls, wetlands- and water bodies.
(3) The city couzlcil finds that it is necessary for the city to ensure protection ter
wetl~l~{--by discouraging development activities in stream,, wetlands and ~~~ater
Ludies, and those activities at adjacent sites that may adversely affect ~••°~1~a1,e
~~iability all({ ftIllCtlollal values of these resources.
('-1) I {lZ ~Ity cotlllCll f111dS that It is ilccESSai'y ~~9£~l-i•S-tll i~tt~t-have nu nea loss of
wetlands. ^^-z ^ .,+°-z 1,,.€#~bv ncoura~~ul~ avoidance
of direct or indirect imuacts fi•onl activities that destroy or diminish the quantity.
duality and biological diversity of the city's water resources and adjacent buffers.
i1 The city council ackuowled~=es that much ot•et+t~ the city was develolaed prior to
awareness of the value o(~L,rotoctin~~ streams, «etlandS anil water bodies;.
tl}eref~~-tile The ~ity council s~cl:s to trod :I Ilea-Itl~-reasonable balan~•c brt~~ ecn
the protection property owners desire to hake reasonable uses of their properties
i
and the public's interest illpresel-~~inu and protectill~ tllesc unportallt water
res(~urces • „~,,,...,e.. „ ~.-t„ Whez1,~~,.~,~,,,,.,~„r ; ,;.r~,a ` „a
the destruction ~~r diminution in iunctio>> E~t'thes~~ resources °r:T~a~•~-:,annotbe
avoided, the city council finds that impacts (m streams. 1Vetlalld5 alld Wat~l- bOd125
~ should be minimized and mitigation provided for unavoidable losses.
Nothing in this section shall be construed to prevent irrigation companies fiozn
alt~rin~T water 1e1~1 throu~~h the- diversion. tr~ra~~c ur ~l~li1'erv ~~t~ijj-4= ~~I
~-I~r-ink-water under their historic water rights or owners of such rights from
exercising those rights.
('7) Nothing in this section shall be construed to prevent compliance with applicable
state or federal statutes and regulations.
~8) [t is not the intent of this section to prohibit all activities within the re:ulated area,
but rather to encouraue avoidance alld llllnnl717_atloll Of re~Lllated activities within
the regulated area or to mitigate the impact that these activities have on streams,
wetlands and water bodies.
(b) Scope and Application: r.: ?1,~, :,,~o.,+ .,~tl,;~ ~o,.t;,-,,, t„ , „t,;t,:t .,at .,,.+;,.;ti~S
.;+-~v-rm~rrriize-I-e~1-11.,*0,7 ~ I..,~ ,.~.l,o,- t„ ,,;~liaiii~-`vl
No person shall 1 iolate any~lrovlslan i~t• thls s~ctiun ur
fail toobtain r-e(lzzire-a permit for any regulated activity or to use eel=best management
practices in regulated areas as required by this section.
(1}Regulated Area: This section applies to the following:
(A)Areas within the city shown on the strean~i~. wetlands. anti ~~~.ater bodies maps
adopted pursuant to subsection (c) of tlris section, as amended;
(B) All 5treaill~. .wetlands and 1~~atcr Lodics on city owned or managed Lands
inside or outside the city limits;
(C) All city activities affecting strcam~._wetIands or ~1~ater bodies inside or outside
of the city limits;
(D) Imi~_r and ~~u~:~r;snuffer areas associated with all of the above _,nd ~?~.°ti11Cc_l
in paragrapll (d113) of this section.
(2) Exempt Wetlands: Isolated wetlands with a size of less than four hundred square
feet, regardless of property boundaries, are exempt from this section unless the
wetland site provides habitat for the following species:
(A) Plant, animal, or other wildlife species listed as tlu-eatened or endangered by
the United States Fish and Wildlife Service;
and the public's interest in preserving and protecting th~;e important water
re~~~~rce~ i„t~~ Wlten <l=~lul~~i~~=-t-tom'-al~~l
the destruction cr diu~in~.~iicm in ~i_n~crirul ~~l•iht~c resouree~ s~,~-;~~:nd-s-cannot be
avoided, the city council finds that impacts on streams. wetlands and ~,~.~atrr hndic~
t-1
~;~~tls -should he iniziimized anti mitigation provided for unavoidable losses.
(-lf) Nothing in this section shall be construed to prevent izrigation compazues from
altermR lV1tt1' levels thrOU'~h lhc- d1Ve151(lll. ~i01'~t~TC l71' dC11~"?i'Y 01-rim' =iiicl
~~T~ water under their historic water .rights or owners of such rights front
exercising those rights.
(~7) Nothing in this section shall be construed to prevent compliance with applicable
state or federal statutes and regulations.
It is not the intent ofthis section to prohibit all achvtttcs wtthm the rezul•ated area,
Uttt rather to encourage avoidance and minimization of re>ulated activities witltin
the regulated area or to mitigate the impact that rll~~~ activities have on streams.
wetlands and water bodies.
(b) Scope and Application:~s-z 4',° ~~+z,: . ~~,;z,;+ ~IL_.z~~s
P> ~ b
' +1' " +1' '^'1"*°`I ~"`1- No uerson shall violate C]I1V prOVlSl~lll i)r 11115 92011011 Or
~b -
fail to obtain req~e•-a permit Por any regulated activity or to use best management
practices in regulated areas as required by this section.
(1) Regulated Area: This section applies to the following:
(A)Areas withal the city shown on the >lrea~n~. wetlands.alzcl water I.,odie:, maps
adopted pursuant to subsection (c) ofthis section, as amended;
(B) All streams, wetlands_nr~d watcc h~~~_lies on city owned or managed lands
inside or outside the city limits;
(C) All city activities affecting stre;ims, wetlands ~,r ~ti~~iter hc~dic~ inside or outside
of the city limits;
(D) 1111101' Mild o~.~±~.r ,buffer areas associated with all of the above •.i~~d ati defined
itt uara~ranlt (dl! ~l ot'this .~ectian.
(2) I?xenlpt Wetlands: Isolated wetlands with a size of less than four hundred sdltare
feet, regardless of property boundaries, are exempt from this section utzless the
wetland site provides habitat for the following species:
(A) Plant, animal, or other wildlife species listed as threatened or endangered by
the United States Fish and V~ildlife Service;
~ ff~~~,, , ~ ~ ~'1 _
~ i;
jv)!.S~l BLS ~ 3 .v
! ~ 1 'J - -
(B) Plant, animal, or other wildlife species listed by the State of Colorado as rare,
threatened or endangered, or a~ a species of special concern; ems-e-€
. ,
(C) Plant, animal, or other wildlife species listed in the Boulder County
Comprehensive Pian as critical; :~i~~r
(ll) Plant, animal, or other wildlife species listed in the Boulder Valley
Comprehensive Plan as a species of local concern.
(3) Most Stringent Restrictions Prevail: It is not intended that this section repeal,
abrogate, supersede, or impair any existing federal, state, or local law, easement,
covenant, or deed restriction. However, if this section imposes greater or more
stringent restrictions, the provisions of this section shall prevail. Specifically, if an
applicant for a wetlands permit pursuant to this section also acquires authorization
under section 404 of the Clean Water Act from the United States Army Corps of
Engineers, the applicant shall meet any greater or more stringent restrictions set
forth in this section in addition to and independent of the restrictions of such
permit.
(c) Stream. Wetlands. ~~uld Water 13oci~_ Mapping, _,::_l-1?-t=Erl-tla-t-ie~r~:
(1) Re. ~Yulatory~tl-ar~t-1~-_Maps: -lz:a-5tream_wetland-: <tl~d ~t:~atcr holy rc~~~ulat~>rv
maps ai~ti~;vetl~~l~ds e~-~-rl~r~I-t~r~-are hereby adopted and will be maintained on file
in the planning department.
Stre.un. W~tlalul and Water L3udy Buundar~cs: For the pul•}~ose of mapping the
bOlnld£ir1eS a stream, wctlail~i, or «atcr buel_v the following standards and criteria
shall be used:
(A) Wetland boundary determinations shalt be performed in accordance with the
procedures specified in the Federal Manual For Identifying and Delineating
Jurisdictional Wetlands (January, -1~~-9,1~~~7) Interagency Cooperative
Publication, Fish and Wildlife Service, Envirolunental Protection Agency, and
Department of Army, Soil Conservation Service or defined in section 9-16-1,
"Dellnitions," B.R.C. 1981. Tl~e mztlx}clt>4~;y;, ~ ,,,-e1}~~T;~u,~l~~ld
1~~~1a-I~~l~t~}imutien-s-4~-1-1-h, , e.a r.,...,~? , „~~,..o;;r
(B) The boundaries of a Stream shall IIICIUde tlla bank-full 1yUjt11 Ot the Challllel.
~C) The boundaries of a water body shell include the ordinary hi~zh water mark.
(d) Strum. Wetland and Water Qocl~~ I~uneti~~nal I~;valu~tli~»>s <»;d C1~~~itication:
(11 Stream. Wetland and Water Budv Functional Evaluations: Stream, wetland and
water body functional evaluations are hereby adopted and will be rnaintainzd on
iilc in the plailnina dehartm~nt.
Stream, c'~;-~;;rWetland,~ and Water Body Classifications:
C~~~StreamS, wetlands, anti. water bodies are designated a~ either C~atet~orv
A or Catc~~c~ry 13 on the adopted weds-re~;uiato~maps. St1-eailis,
Wwetlandsand water bodies are classificcl according to the
c-I~t~tti-4 ie~~~;~;-ri+rir-laa~ti~-?--1-~-[~ ~ 1-~;;:3--;~-E~-C=IBS-I-fo I I o w i n ~ r i 1` r i
(.ill ~ltC~'l~l~:%.'~ (ill_{1 ~LIIII;IIt~Il111L!I; ~fll',ltll{Ill\~ 'y;i{lll; l;ltiil'! t~l ,t~{ .:iC1.:1!
fitnctions as adopted in the "Gifu of Boulder. Comprehensive Wetlands
P.zmappin~ l~i'Olc'.Ct" by Land Stewardship Cotlsultin~. October 1 S. ?00-1)
listed in Table 1 below equals hventy-six or more; or at least one junction in
Table l is rated hi~l1 or very hi~ill.
(I3) CateLOry B (low functioning): The additive value ratinL of all eleven
functions listed in Table i below equals twenty-five or below.
Table 3-L: Flmetions Apylied to Cate~~orization of Streams. 1~~t1_unds and_\Vater Bodies
1. C.iroundwatcr rechar~~c
2. Groundwater dischar;~c.
;3. Mood storage/Floodflovv
alteration
-1. Shoreline anchorin~~/stabilizatic,n
Scdinlent trappinta/retention
(i. Nutrient retention (lon>;-tet7nl
7. Nutrient retention (shirt-tzrn11_
Food chain support (export)
9. Food chain support (within
basin
II). 1'15h hiabltiit/f~illt.li.ll' tll~:'cl'~Il'V
{ { . 11011?tC Ilahlt~lt
(
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- n
I'~~a-i~~l--,~~1~-13-F~e~~--Fee ,sue. I 1 «I„ ; ,;s:.,~.it~--flee-i:~}tte~-
e}r- $~t~'i~'-t"
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rrrai-iir'r~`c~T's-iii i I•~tt-i~l~ ill
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1'e •
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:~i-[~c~t~ct .Oil ~,,,,~.n..,..,t;,,., r~,....;,.,, ai~t-t~c~-i.t~-~=k~}~t .
.,I1 .-.rl...,.a.- , .,,-1„- rh;..
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R 41 I • r1, ~.•,t:.,,. the t t d 't
rE'2-S} ~~Frt
:-t's'ar-v~z-rr~~}i-crcrcirr~ crr~ccci'ccci ~ c~ricrcric-cir`f-iiiciir~ci
:t:,rr[rrrercc'rc:-riic~'-t=-iz~--'~r-!Ti':i-1-h~`~'i'-i=li~-l-I.1-~3-•••e;~.•.,, .,tl.,.,.a I..,,,.,.Jitr-~.=cltitt,'i~iliiiti-fit?t}:
z, ,1~'~L}!i-ii;l-Buffer Area-I~~:e;~~~!-;:x-it;i-}: The extent of ~:~t-}-~Fl-inner and outer
buffer areas hl~undarie~ shall vary according to tli<~ ;I ream, wetland ~~r water body
C'ate~~Ur ~13i2E~i{313-i3i1(}iii"I-crri-iiic}~E~t'~~t=t'~z=cc`JrJ~"rce-cir-tc~-+ri=C',-l~=t'tlifi3'c+r't-~3ti~:~-~c}~i~'8`
!1'~c':s'.': . tt'~--5>1Hiti , • r 1. „t I iii~i-~; ~t i:~cc'-~c1i~8'rm;r
. .,t..l •:tl, ah,, -.~1•,,,.1 f., thy, •,1,~~
~,4 „ I,,,f'4'~.• „ .ia*~,33i3iii3~1A13--~12
(,_1) Cate~~orv ~1 buffer widths: The buffer area i~}tl~
ffur c;it~~r,lrv_ 1 ctrean~~.
wetlands and water bodies shall be fifty feel anal shall have at1 ilvter and outer
buffer area.
.~i) I•he inner buffer area width €e1~i~liilti=:lilc •••~Tshall be hventy-five
#i#~-feet from each point on the wetland boundary
ii tThe ~nlter buffer area wicitll€e1~if11-{}tlr==t~~}s-shall bc; twenty-five
feet from each point on the ~~iifi~c-1-inner buffer area boundary.
1 L31 C'atc<~ory B butter 1'.~i~lth~: The total buffer area width for cate~~urv B ,lrea!us.
wetlands and water bodies si1a11 be twenty-five feet from each point on the
wetlanc} bounclarv and slr~ll b~ considered an outer butler area.
f{-1-~-;~-E}tiv':~i-ifi!t?f-1=}~1=Et3i~l)--iiiilit'?cii-t1i?i)-!-1~-1~i1:tk?(l~-:~1',tl-l:f:~£:'~-'.~c':14-t'!1-t};.'_1'{;-?};-C':~t j=-fr}Ilc'.
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n n
~ ~
~,i,,,•o~ met +,,.•th ; , t1,:~ ,,a.,+;4n:-~l}i':r-1i3ii~3]3~1,~ X1,.,11 : „h,,a~ +;,.,.,t:,,.,.,1
ttirittr'itt-'•rv"I'rvFrcrtl'cc-~'c~e~-f3C~k-f6f-t3~t@E-}-k3j~-t~lt'-fit •rt, ••,,,.•"Icr~"r'rc'rp~ii-r~~Lm-ia
e~,zi 11+~i
i
Section Subsections 9-3-9{d)(e)(fl(g) and (h}, B.R.C. 1981 are repealed and
reenacted to read:
(c) Pct•ntiftcd, .111u\\~d anal i'ruhihifcd ~'scs \vit[tin the Res;ulated Area: ~Ihe
purpose of this subsection is to describe acttvrtles that are ._~.n!Led, conditionally
Lermittcd, r~yiiirin~~ dcv~lultl~l~nt revic\\~, or prohibited
(i) I;~pl~utation of fable ~~bbruviations: `i'he abbreviations used in the cells in
Table 3-2 have the fctllowiu~ nlcanillas:
"I"~•' (Cxem~tted Elctivities): indicates that the use type is allowed as a matter of
ri~~ht and uo stream. \vetland or \vater body permit is required.
"C" (Conditional Use Revie\vl: indicates that the use type will be reviewed in
accordance with the requirements in subsection (h), "(_'rltc;rla for
Review,'' [3.12.0. 1981.
"S" (standard Permit Revie\v): IlllhCiltl;ti that the U5C type 1V111 be 1'C\'1C\vCCI in
accordance with the requirements in in s~ctiun (11?. '`{'riteria for Revie\r•,"
13.R.C. 1981.
"P" (Prohibite:d .~~ctiviticsl. indicates that the use type is~~rghibited i,n_the
rune.
f.\114,~~;~tl itlt \c)!i~.:l: intii~,i!~~ Ih,~t illy !I.~_l~:tn_ i < all~~~,\~.;1 a:< nr,llt~r
ctt~ ri~~ht subject to the ap~~licatiau of best mana~enlcnt Uractices a: in
parael•aph or this subsection and provision of notice in paralrraph ((il.
Such activity shall not si~rrliticalltly alter the filllction of the stream.
~\etland or water body.
(2) htterprctatwn: Che city manaLCr may decide questions etf interpretation as to
which cale~~ory activities Hitt specifically listed arc proper) assigned to, based
on precedents, similar situations, anti rulativ~. impacts. [f a proLosed activity
has Illl)rc )hall C?Ilc 1'cgtlll'c'nlEllt. Clle Illi>>t 1'c~tl'I~ll~'t Iii UIl"~1tlCtlt altt111CS.
._1---
(31 Table ~-2: NO j)el'SUIl Shrill eI1kT_a~e in any re~~ulated activity within a re~~ulated
area except in accordance with the requirements described in this section.
Types of Activities Wetland, Inner Outer
Stream, or Buffer Buffer
Water Body (Category Al (Categories
Zone A and B
iCategores A
nd B
Buil inc s and Additions
1. C; ~nstruc;tion of a new or an addition to a principal building and anY
a Cached structure e.c .decks. car orts. balconies) that would result in P P S
c nnulative total of 20'h or more in~u)c:r~.~~ous ~uiiace .n the zone on :a - -
1. _ C instruction of a new or an addition to a or incinat buildino and any
a Cached structure e. .decks. car orts balconies that would result i~_~__,
r,
c Imulative total of less than 20% impervious surface in the zone on a
u;ti' roo~~riv.
Oth r Structures
C:~nstruction of a nevJ accesscr~ or minor structure e. .mechanical
e nriument. sheds. signs. decks. ramps. permanent recreational
s nrctures hot tubs azebos coverin a tout surface area of 25 sc ogre P P S
i~_et or more ,and ~:vould result in a r~_~mulative tot:~l ~~f 20`;~~ or morn
.r ,u~~r`:icus surface in fife zone on a single nropcrty.
1 C ~nslruction of a nevd accesscry or minor structure fe.g. mei.hanic-:1
e auiprnent sheds signs decks ramps permanent recreational
s ructures. hot tubs. gazebos) roverin a total surface area of ?_5 sctu. ~r= F' L
tr et or more and would result in a cumulative total of toss !hc:n %04_
ii n)rniinus surface in th,^ zone on a srngte property,
5. C nstnrctton of a new accessory or minor structure roverind a total P C. _
surface area of less then 25 square feet. _
6. C; instruction of a ne"•^J fence. P C
7. I ; ~otacement or repair of an existing fence. ~ E.
>.t`C~~nstruction of a retaining or uth~r landscape vJail.
E <o7nsion or addition of ~tc~rnr,vzltar dr~tantion or retr:ntion fac:ilit~~
for r,
- -
n ,w develor?ment. _
Pav ment Surfacing and Trails
1 ti. C nstruction of new or ex )ansion of existing irn en~lous surface (e.g.
o rkin lots driveways. utility .ads. nr atios coverinc a total surfaca P S S
a ea of 25 square feet or more and resultin in a cumulati•~e to__taI cf 20`'r
o more im ervious surface in the zone an a single property.
~ , , . f ~
11. nstn.ction of ne•r~ or e>; ransion of exist:n - impervious surface e.~_ .
rkin loss drivewa ~s. utlity bads. or atios coverin a total surface:
a ea cf 25 square feet or more and resulting in a cumulative total of le:<= - -
ct an 7.0°% impervious surface in the zone on a sin le ro ert .
12. C instruction of new pervious surface covering a total surface area of 77 P 1=
s nr3re feel cr more. _ _ _
13. Gradinc that disturbs 25 s care feel or more surface ari;ta including
c nstn:ction of new or ex ansion of existinc la fields lerraciner. etc.l '
1 •.t. u ailing tf rat disturbs less than 25 square feet surface :area (including
c instruction of new or ex ansion of existin pla fields. terracinr. ,etc. E E
1 C nstruction of new paths trails or ste s for private use. C C
1 T - m ~orary access roads associated with a public irnurovc~;ment or S
m intenance project.
Lanc sca in and Landsca a Maintenance
t, c:_~-talon rc:rn,~~r_-:I n~a~or' as detineci in Chapter.`?-16. "I)efiniri~,n~_~- S C
li Il.C;.. 1981 - - -
1 A '~litipn of nev? plant material in a total ~ rea of 20~b cr n•~crc of the zone -
i single pro ert ~
1 i. dition of new plant material in a total area of less than 20"/~ of the ~ - _
z ne on a sin le property.
Ir stallation of a n:rmanent landscape irrigation system,
? 1. Nr v? tic hlinc P -
Stre~ m Channel and Flood Im rovements
22. ~_:,or ctualit treatment facilities asscciated with a flood im rovernent S C;
~ o ect. -
23. L' nstruction of a new. addition to. or replacement of a bridge or S S E
u der pass. - -
7. i. pair of an exislinc utiliha lines and not involvin tom )fete re IacernenL N E
2'-~. Ir stallation, complete rehlacernent or re(oration of surface or suhsurLrco
u ility lines. i;ires. ~a~lverts.:;torui drains. inlets or st~.;inr:r~~tr:r!ni.rlity S ~J
f rilities
2~__ Ir stailation or re lacernent of overhead unlit lines lhrou h trench-i~;ss t. C N
nstruction methc;c's.
z S ream ~;hannel wideninc . r(:c radin or reconslructinn; or nevi dro ~
s ructure installation' or sediment removal involving al'eration ~f the S S
sfiix7 aiifa slope or banks.
2'. FZ ~moval of sediment in a stream channel or outlet ~wilhout ~rltering ~
e istin side slo es or banks. -
2' I )'o >-structure re air or re )lacement in existin location without
c: rlargement of the existin structure and fellovvin hest many einent C E
attires.
S ream bank or s(o )a stabilization. S C C
1. A leration of surface or subsurface h drolo throat h draininc. , difr:hinct
tr ;nchinq, impoundhx urnuinc or flaodinc includin permanent of S S C
tF rn orar dewatering (or a stnrchue or r:onstnrction).
(-11 Activities Cxenlpt Ii•om a Stream, ~Vctland or ~Vatcr I3ody Pernlii: The
ti~llowin« activities are allo\yeCl \vithin a re~~ulatcd area anCl cl~ not require a
permit it'they do not reduce the extent of a stream. \vetlancl or \vater Godv:
(:\1 Land uses existin~~ urior to adoution ofa n~;\v orclinanee;
(13) Construction oPan aclclition to or rcplacenlent of an existin~~ principal buil(iing
an(l anY attached SlrllClUl'c S(1Ch as a dcclc, carport or billconv that CIOe5 IlOt
1~~5lllt 111 all llll'-1'CaSC IIl IIIIJ)erVlOl15 sui'taCC area 111 fl1CLO11C;
(l__1_I~I~1Ct'nle',Ilt tlt tClllporilry ol)I(:Ctti that ilr8 (lot ],1er111alielltly attached to the
~~round such as planter, ear(len or lit\yll Ilil'llltlil'c. illld t11771)Orllry irrli'atloll
~tcn7s:
(I)1 ~.\l~lultcnance of illl 11171)C;1'VIOll5 l)1' pCi'\'IOllti Slll'IitCe not invillvin~ expansion ofi
the c~itilin~~ surlin~ ;lrr;l:
~:I
"Vegetation removal -minor" as dctiu~d ill Chanter 9- I C, '`Definitions."
13.R.C., 1981.;
~ I~) ~enloval of trees in• other live ve'~etation t~usin'~ an immediclt~ threat to the
public or prol)erty• or removal of dama>'c(l or disease-ridckn trees or
vex=etatic~n;
(G) Wccd manal~c:rrlent COllsl~t~llt \Vltll State alul couniv la\vs;
t l l Grx(liu~ or removal of vzeetatioll or debris \vithill sir feet of all existin~~
buil~iin'~ nr ~tnlcturc:
(I) IZCIIlOV'lI Ot ~'C"Ci'1[IOII tll' d~bl'IS fl'Olll xll c;Xltihll, StrllCtlll'e 111 OI'dc'1' to
llklilltaln ltS SICUC[lll'8l Illte~l'1tV xild fi111Ct1o17:
(I) -\lter•ltion of \\~~lter levels throw=h the diversion, storage or (leliverv of \vat~r
under a water right.
t I~)"N(aintcnance" as described ill Chapter ~)-16, "Definitions." B.R.C. 1981.
(L) 1?nlerl;encv re})air of utiliti;:s;
(~~i)Installutiun ~n• re~lacemcnt of ov~.lll~;:~:1 ~.itility lin(;s follo\vin~ best
mana'~emez~l. t)1-actices.
I~11I-Ierbicide and l)estici(lc application;
((7)C'(llltllllllll'r aU,rll'llltlll'ilI t)1'xCtlCes (hal'\'eStlll'~ o1'hav, 1k1St111"lI1L' Ot IIVCStOCI<);
(P)Outduor recreation involving 1111111111x1 or no harm or disturbance to x wetland
Illclll(lln~ Wlthollt 11I111tat10ll tlshllll;, blr(I\\~atchin'~. hilcin~, boating:, an(i
Sw'11IIt11111~); xnd
L:duuatioll scientific research or field survevin~.
f 1p~)lication of Best ~1ana~ernent Practices: Where reguirccl un(ler tllc
),rovision5 ofxny strcarn \vetlan(1 or welter b(~dv hermit ur as set forth in
~uhsection (h) of this section, the ap]1llCxtl011 Of b(',st I1k111aLTC111(alt })rxCt1CC~
tiIl<!lI CUIII~)IV 21t a Illllllllllllll. \V1tIl all auulicxble city Pules as (lescrlbe(I m
chapter9-16 "llefinitiolls," B.R.C. 1981.
(E~) \'oticc of 1Ze~ulate(l ~~CtlVltles' Except t01' elllzl'UeI1CV aCtl\'111eS 1'eC~llll'Cd t01'
the immediate protection of life safety or })rouertv, or to restore essential
public Services written Notice of aciivitizs listed in subsection (e)(3) of this
section shall be provided to the city nlxna~Ter at least twi) weeks urior to the
comnlc;ncement of work The written notice shall include a full (lcscription ofi
the activity, including duration and e~tcnt of impacts. Written notice of any
cnlcr~encv mainteuallce activity shall be provided immediately follawin~ the
-1CtIV1tV.
(11 'itreatn, ~Vetland or Water l3c)dy t'crmit !\nt~lications:
(I) .\II Permit :\uuliratiuns: An apt)licaltt for ~t sirc~lm. wctlclnd or water b~xly
conditional use or standard permit shall pay the tee prescl~ibcd by Section ~1-
2O-~3. "Strc~utt, Wetland or Walcl' t3ody Permit. B~nuularv U<ternlinati,,n anal
Functional Evaluation l~eca." (3.R.~'. l~)~I, and shall conlplctc an apphcatlon
101'111 pl"OVIt{l'd UV the C1tY Illalla~~el'. "I'he it~)hCall011 shall include, at a
Illllllllllllll. 111e.tUlll)41'llt~.' IIlt01'IllatlUll:
111U wl'lttelt CU115eltt C)tthe' Owllel'5 ufell pl'optriy Sllbtel;t tU the pel'llllt
1"e hest'
(13) c(etailcd description of the proposed activity alul how the. Application
nteetti all all~licablc review criteria;
~C):1 sits plan which illtlstratcs the re~~ulatory strcant. wetland or water bod _
boundary and buffer area as set forth ilt subs~ctic)n (d) ofthis section: the
property Lioundal•y and the ~)roposed area of unpact: alul .Ill ~.~istin~~ and
I~rupo~ed sU•ucturc, and roads i)n the property;.alu(
(1)):\ clzscriptiun of and specifications for best mana~~cnlent ])ractices to be
at~plicd .IS L~~rl otLhe proposed activities;
1~?1 ~tandartl l:rvic~) .\pplicati~~ns: I he nlana~'cr nl<1~_rc~ uin_ an .I,nlicant For
a standard review to tin-nisll additional int~~rmation and detAils deellted
necessary to evaluate the effects of the proposed activity upon the stream,
wctlaud water body or buffer arc;a includin~~, without l.intitation:
(t\) An evaluation of the; direct and indirect impacts of the proposed activity:
f B) A description of the ty])eti and sizes ofwetland and butter arras that will
b(; IIlZpacteci by the rei?ulated ~ictivities;
(C') ;'1n evaluation and analysis of the proposed dcsian ofan activity And .Ill
alternatives considered with respect to the criteria tt>c review as set forth in
subjection (h) oi`this section, IItCIl1dII1L a dl'Sl'.I'1])tloll Ot whV less
damal~in~~ Alternatives h(tve 1.)ca'11 r('.tLCt(:d by the ApI)11Ci111t:
,~\n a ~])licablc tIC1Cl I11Vl:Stlf?i1t1U11. I110111tU1'Il1L'. a1lCl t:11',ill'illleeS for Cl'ItlCill
Species which nlay be impACtccl by the prot)oscd Activities:
r~~;,.. 1
1_I~.I_I_Ilc tii~UrCC_t~)c_allcl Illcthi?d ~~l_tralltillurl all(I illspOSal Of anv till nlatertal
ttl he. used as a~l)licable Ccrtiiication that placement of the till material
~~~ill not violate au~licable statr; and federal statutes anti re~~ulations also
shall. be regttircd: anti
t.l i,_\ miti~~ation plan aS Sl''t forth 111 Stlb3eclloll (Cl)ot tills aeC11011, ureuared by
,I ~tualified wetland biulo~~ist where required by the city ntana:.=er to
Itlltl~~ate llll'eCt tll' Illdll'eCt II11P11C1s CO_ a stream. ~a-ctland or water bodv as a
r~stllt of the ~rci~~usc(I ,I~tivili~~s.
<<~~l Revie«~ t'rocess fr_ir Strcanl. 1~~'rtlanti and ~~'atcr F3(Id~~ 1'crn(its
(l) Accentant:e of A~)lication: :lpplicants for stream, wetland or water body
permits .hall Sllbllllt an al~)lication aS set forth 111 StIbSC;CIIQII (t)) Ot lhl~
tieClloll ~:I)l)Il I'eClapt ofall aU711C21tlolt, the Clay I11SIkl~~l;r shitll reVlell' the
c~~lication for completeness. ,1 permit au)lication will be accepted when tilt
C1tV Illanilf~c'I' cleterltlnles Chill (t IS Clllllplete•
Public Nuti l icatiun ~~f ~lrnllication: ULon acceptance of a complete standard
review aR~llication uublic notice shall be provided accordin~z t~ the
requirements showtl in section 9--~-3.::Public Notic<; Requirements.., 13.R.C.
l~)~ 1 u5in~ Public Notice Ty~)e ~ from table 4-2. Public notice of a
conditional use review application 15 1101 l'eglllre(I.
Pel~llllt )]eC1S1011: The CItV Itlalla~~el' shat l Clctel'lllllle. \vhether the apphcaUol>
elects flu requirements of this section and shall apin•ove a pernut, approve a
permit with amditions or dcnv the al?plication. standard permits shall be final
tinn-tcen rlavs at3cr issuance. Conditional use uermits shall he final uLon
issuance.
(-t) No person who h~1s obtained a permit shall (-ail ti) conduct an activity in
accordance with their approved apulication.
~~l Referr~lls, Call-uu or :\ppc'al:
(A)C'ondition•tl Usc Permits: ~in• conditional ~~~ctland I)crmits, there shall bc.
uo referrals. call-upti or a1~~eals. An applicant nuty resubmit a stalularcl
nennit aUilication fur ~t denied cotlditi(~nal use aut)lication. uav the
h•llance of the standard pet•tnit fee anil proceed pursuant to thaet standard
hermit review ~)roccss._
(13) Standard Review Permits: "fhc decision of the city mana~~er shcdl he
subicct to call-up by the planning= board. or appealed by the applicant to
the planning board. sul.)ject to the call-up and appeal procedure ul~section.
9-4-4 "~~pueal5 Call-Ups and Public [-Ie.u'in~~s." F3.R.C. I~)~l.
~ - ~ ~ /9
(hl C'ritcria t'clr Rcvir~~~: l~~r .111 activity rc(ltliril)~~ con(litional use or standard ,
review the au)licant shall demonstrate that the stream. wetland .)r water bodv
permit ap~)lication meets the followill~ criteria:
(1) Criteria for all zones: In all acne:, the following criteria apply:
-\nv activity re(~uirilh* Coll(llt(on~ll tISZ OI' Sl'and~trtl 1't:y1Z~V Shilll IIUt rt;Stllt !tl a
si~~niticant chan::c to the hvch'olo~v affectin~~ the stream, wetland, or water
bodv Percolatic)11 of storul runoff un-sits throu~~ll ve~~~tatc(I swabs. perlncablc
pavin~~ materials. ur other similar methods to slow and rlcan runoff I)cin~~
di~charzcd directly illia the wetland stream, or water bodv nuly b(: rc:etuired as
1~)art of the permit.
(_I~ IL-tulnnl7atton: I he alJllicant shall demonstrate: that the. activity Is dcsl:;ned
an(l IOCated tU 11111111n17.e d1CCCt 01' llldll'c',Ct lnl~)llCts to the adjacent wetland,
stream, or water bodv.
(C) iViiti~atian: Ifrequired. the; ap~llcant Shall demwnstrate that unavoidable direct
illUl llldll'eCt Illll)ilCtS t0 yc'.LGtation pervious surface, or hydrolo~y affectin~~
llle illljaCellt ltl't'illll, \vetlallcl ill' watel' bodv Call be SIICCe',Ssflllly mlU~ated
throu«h desi~~n ofthe activity or by eompensatin~ for the impact.
(U) ltcstoratie)n of Tempor~u-v Impacts: 1~he au)licant shall d~lnonstrate that
direct tempurar impacts to a wetland. stream. water bodv. ur buffer area will
be successfully restored accordin<~ to the requirements in subsection (c~
(C) Au)liration of Best ~~(ana~~ement Practices: "the applicant shall demonstrate
compliance at a lllllllllllllll with ~lll a~)lirable city rul(a conce:rnin~~ best
mana~~mcnt practices as describe(1 in YT ~ .:r•:,,. ,.~-''^.,~:'°.~T~~ti~ ~t:++lae~t~~
{'-r~-t~lIchJ,~ter O- l C, '`~CtlnltiOllS." I3. R.C. I x)81.
(2) Criteria for the: Outer Buffer Zone: In the outer buffer zone, the followinlr criteria
Saall apply:
(i\)Thc provision ofsubscction 9-3 ~)(l~f 11. "Criterial for X111 Zones." B.R.C'.
1951.
(_t311nlpcrviou, surface covcra~se: ~\nv new buildin~~ or attached structure,
c~pantiion ofan existin~~ buildin>; or attached structure, new surtacin~~ ilr
\palltil011 Of~lll e;(IStlll~* surface that would result in a cumulative total of 20%
O1" 11101'(; Illlpel'yIOIIS surface I11 the Olttel'LOtle Olt llle prOpert shall provide>
nliti~~atiun aCCOI'dI11E,,,.T t0 Lhe l'e(Itlll'c;111eI1tS Ill SIIbSGCt1011 (Q Ior the loss of
pervious surface,
(3) Criteria for the Inner Buffer Zone: In the inter buffer zone, the following criteria
shall apply:
(~\)-The urovisians at subsection N-3-9(hl(l), "Criteria for III Lones," B.R.C.
- 1 ~)8l.
f l; l I Ile pTOV1S1at1S O1 SUbSeCtlatl ~)-~-9(h)(2). ``Criteria for the Outer Buffer
Lone,"B.R.C. 1981.
(C') (.'banner bail!: prutectian c)r stabilizatic)n .hall utilize, to the. nulxinuuli extent
t<<+sible, tc:chni(lu~s that involve lanclsca~n~~ with al)propriate; native: plants
+•1the1' than rush ~+r artificially hanle+lecl sh•uctures.
f f~)Surf~lcc; ~~raclin~~ involvin~s t~~enty-five square Icct iu• more: surti+ce area shall
be permitted only if the~radin~~ is part of another ??(:rnutted activity or
Iollowed by reveuetaUon Ot the dlSlUrhCd arCa.
(E) ~\11 ne;w plant Ilkitel•1a1 a(Ijacent to wetlands ur water bucfie;s or alunl~ the banla
of a strealll sh.oltld be ConSiStellt wltll Ih~ C'i!v nJ'Gurrldc~r. L3c~.~t alcr,rer4>er~rc>>rt
Prcrc•~icc~.x: Iicl~c~,cta~rcrs flulc'.c. 19~)~`'. ;V[iti~ation monitorin~~ for restoration
proie:cts may be recluireci by the city nl~+na~Yer.
(F> ~ Ve.~etation removal -major'' shall only be allowed to prevent noxious weed
infestation, provide for native habitat reste~ration or for c)thc+^i~ormitted
i~rojects. i4lalor I'e1110Vai of ye~etatlall Shill! bl: Illltl~'iltl:d 1V1t11111 t11C lllllel'
I~ul~fer accor(lin~~ to the 1'e(Illll'e111entS Ill subsection (cll.
(G ? Nc.w steps. path ur other' mnlor access to or aver a streaul on llriv~ite property
will be,permitted ifthere is na more than ogle access on an individual
property the
1)nth or steps are desi~~ncd to have minimal inlhact to the
wetland. stream or water bodv. an(i the path and the area of inll.~act clues out
exceed four feet in width.
(-1) Criteria) for the ~V(:tland. Stream or Water Body: !n the wetland. stream, or water
bodv, the followin~.* criteria shall at.>>>ly:
(A) The provisions of subsection c)-i-9(h)(1). "Criteria far x111 Zones," B.12.C.
1981,
1.1.31 I Ile~rovisiuns of subsection 9-3-9(h)(2). "Criteria for the Outer Buffer
lone,"B.R.C. 1981.
1 i_' 1 The provisions of subsection 9-3-9(h)(31, "Crites For the Inner Buffer Zone,"
13.R.C. 1981.
(D) ReLacenlent ur re;pair oful oxistin~~ fence; shall be: <~enerally in the same
location and not result in additional impacts hi the wetland, strum, or water
bodv.
1 E) Channc;l ballk 1)rotcctiun or stabiliz,ltiun shall utilize techniques that invi~l\~~
Iandscapin~7 with appropriate native_hlants and landscape to tht; maxinnull
extent feasible l~ai.her than rock or artificially hardened structurt;s.
[.utility line; or (lrot) structure: nrlintcnance or r(:pair shall not impact the
~xistin~~ iiulctiuns ui'thc wetland. titream. or \vater budv.
(e~ ):\~tivities conducted solely for the purpose of renlovin~~ sh•cam sedinlcnt shall
nut Alter the flood capacity <I5 sllOwn O11 tilt; adopted tiOUdpli1117 macs.
~'~~~etated channel bOttOI11S shall be restored an(i stabilized.
t it Criteria 1•or Standal•d acvllll: [n a(Icllrion CO the standards in section (h)
13.RC., 1981. the aU~licant shall demonstrate that the stream, wc;ilancl ur \vater
hudv I)crmit au,)liclltiun meets the Polluwinl< criteria:
(1) \-tinimization: Tht: aU)lirant has (lemonsh-atcd that anv direct ur indirect
advea'sl; nllpaet 011 a 5tl'ealll. \Vttlall(1 Ol' \Vat~l' b~1dV all(I lts assOClatt;ll
huffer area has been minimized to the nlaximunl cxt~nt leasibl~ tluout;h a
I'c'CIUCIIOIl 111 the S1ze, SCOpI'. O1'den5ltV Ot'llle~)I'OJ~Ct l~l'tl Chall'~l; ofproiect
COlltl_Tlll'1tlOn Or dP.llt?11, the £I.CfR'ItV 1VIII L'eSIIIt In 111111111111 Illlt)al.'t Or
imt~airment to anv stream, wetland or water body function: and the: activity
will nut~cotru•dl"Lc; the CUlltlllil(:d existence ol~habitat liar tht: tbllowins
s )ecies:_
(.11 Plant. animal, ur other wildl.ifc. sl)ecic liste;(i as threate.nc(l ur
cndansercd by the Uuitcd Mates Fish and ~Vildlilc Service;
(li) Plant. animal, Uf Ot11Cr \1'll(Illiu ipt;Glt;s llste(I 1)y tll~. State- OI
Colorado as rare, till'eatClle(l OI' l'I1daI1LT(:1'CCI, s~~ccics of special
collcenl;
(c_') C'lant, i1nI111i1I, OI' Ot11G1' \v1lClllt~: til1LCIE;J listed in the Boulder County
Compr~hensivt; flan as critical: and
(l)1 Plant, animal, ur other wildlilc st)ecies listed in the Boulder Valh:v
Comore-pensive flan as ~i
Species of Local Concern.
(C) ~~iiti~~ation D~nlonstration: The applicant has demonstrated that
unavoidable direct and indirect imuae;ts can b~ succcssiully mili~~ate(1
based un tale submission of a mitiuation t)lan Ill C(11)101'I11a11Ct; with tllt;
standards outlined in subsection ~c) e~P this section.
(i 1 Pcl•mit Conditions:
i I) •I'he ij1)1t OV111~.( ~tllth0l'Ity Il1aV ilttitlll >llUll Cllll(I1tlUllti t0 tht: >JI'i111t111~~ Ot~i!
~tl'l'=1111, \\'etlallll Ol- wall- h0(1~~,1C1•mlt as are 1•eaSOllablV I1C',CC5tiarV t0 Cal'I-V Uilt
the purposes of this section. To the extent necessary 1'or the re'~ulated activity
to take place \vitllout adverse impact o?I the; stream, wetland or \vater hotly
SL1~11 CUnClltlelnS InaV 111C1Ulle, \V11110L1t 11I111tatI0I1:
Re~uirin'~
that structures be e_levate(i on hil~~ and otherwiec protected
,I~~Ilin-;t natur;ll c,r ul.ut-nuul~ hai.~lrris: - -
(I~) Ilctilrirtin~~ the u.;~ ai"an~u~~a:
~C> Rccpliring erosion control anel storm \\~atcr nlana~~emunt nlcasures:
(Dl Restricting till, deposit of soil, and other activities which nla~°
dctl•Illle;ntal to a stream, \veiland ur water body:
(L) ~~~ludifyin'~ the L•oiect desi<<n to ensure continued water sttphly or other
necessary protections for the purZ7<7se of maintaining stream. wetland ur
\\~ater body functions:
(l~) Recluirin'~ ur restrictin~~ tlllllll[l;nance ol•a rc".,lil~ltcLl area fur the k7urpc7~c L~l•
Illallltalllln'~ atrcalll, wetland Q1• \V7tc1• bOdV tLlnCtlOlls: and
(t t~ IZeC]LIICIII!< SlIbI111SS1011 alld a~)pl'Oyal ofa Il]111L'atlOn plan as Set forlll IIl
subsection fell oPthis section.
i?) c ~~ne;ral Permits: The city nlana~r:r may issue a ~_eneral permit for up to five
years for on-goitl~ ot~erational activities suc11 as, \Yltllollt lllllltatl011,
~tornlwater facilit management, stream channel sediment removal, and repair
rn• replacement of othet•public tiuilitics,
l<) I'llltllll•Iii) ~iUlll'allfl'N: T 111'. Clty I11allageC IlIt1V rtgUll'C; tl lllltlll(;lal ~~lltll•allteC IIl NII
anwunt. and with surely and conditions. sul•ficient to secure compliance \vlth the
CoI1d1t1U11S 7114 hlllltatl0115 set forth IIl the pel7lllt. 1110 1111aIlClal '~llarall[Ci' tihilll be
in accordance with the provisions set Forth in section 9-2-20. "Reciuir.;d
1111pCOVelTlellt5 allll I'lllallClal (_iUill'a111CC5.~~
tf) {'uurdinutinn ~~'ith Othrr Ucvctot~mrnt Rcvic\vs: fhc city mana~~cr In71~
ruordinatc the aptlication rcvic\v ~lrl ress \vith i~thcr deveslupnle;nt revie\v
administrative; review, or permit revie\v processes.
t nl l Variances
(I) Purpose;: It is the intent of the city that the application of this chapter nut
result in tin unla\viul taking of private property without the payment ut~iust
compensation.
J -
person vvishin~~ to conduct an activity that dogs not cunli)rm ti) tltc_
I'c;Qllll'CI11entS Ot'this chaptcl' and Callllot bC made to CUIIPOrIll without
llnrc)aSOl111b1c: C\~)Cllsc Ol' llnl'eas1111ab1e h~ll'dshlp I11aV al)1)lV (O the CI(V I11aItaS;~r
for a variance from the reduirentcnts of J)ilra!!1'ill]11 (e)(Z) Ot If1IS Se~t1011.
1 I he Illalla~~~l' IllaV ~I'ant a Val'Ia11Ce Ollly 11'lt fllldti th~lt thl: al)I)lll'atll)I1 tiatltillcS
alt bast one ut•thc ti)Ilowin~~ c.ritel•ia:
(:-~)"Phcre al'e llllllsllSl 1)l1yslC<tl C1rClIIllstallCcS of COlldltlollS, including, without
limitation. II'1'l;'~'ldal'1LV, narrowness or shallowness of the lot. or cxcctrtional
topo~~raphieal Ol' Olhel' pltVtillal auditions peculim• to the aFFcctcll tyro )ert
because of tllesc ~~hysical circumstances or conditions the proLerty cannot
reasonably be developed or utilized in cunlormity with the provisions oPthe
land use code: and any unnecessar~hardshlp has Ilot btCll CI'eatc;d bV Ilte
current In'opcrly owner: or
(B)'I'here is a physical disability aPtecting the owners oFthe property or any
member oi•[he Family uPan owner who resides on the property which impairs
the ability oFthc disabled u~rson to utilize or access the property:
-l) I~or nlblicly-landed projects, a variance nlay be issued iPthe city manager
tlllds plat il1C!)1'O~l'CC IS Ill the l'O1111111II111V Ilttel'est alld ~al't Ot 8? .'lJ)pl'oVl:d
lllastc'I' plan ol• Capital Iltlpl'OVe111e11tS pl'Ogl'illll.
(ti) lZeClllll'ellll:IltS Fol' all V~al'lal]Ce ~~~1)1'OVaIS: ~~OllSld~l'ln~ the 1U11CtioltS oFthe
wetland. stream, or water body, the al)I)lll'ilnt Illust sJlo\V thilt file Vill'IaI1Cc; is
thl; nlllllllllllll lll'Cc'~~al"V tt) allord I"ChCI.
:`\u a~)licant For a variance shall apply ou forms provided. by the city manager
,out paY the Pee prescribed by section =1•-20-53, "Stream, Wetland ;In~l ~Vatcr
I3odv Permit, Boundary Determination and I~unctioual i;valuation Fees,"
13.R.C. 1981.
(7) r\ny decision by the city nuula~er to aphrovc a variance is subject to call-up
by the plannin>* board or a~)eal by the applicant to the; plauninl_* board as
described by section 9-4-4, "AJ)t)~als. Call-Uhs <uul Public [-leanings," 13.R.C.
1981.
t n) Prl•mit ,1nu~ndnlcnt Proccdur~s:
(l) Changes to colulitious oFan au)I'U\'ed pCl'llllt of Cllan~es ro an approved
mitization plan may be au)roved by the oily manalzer without submittal of a
new aU)lication iFsuch changes are minor. ,~~pplicants tiu• a minor rhan~,e lc) a
wetland pernut Illllst pay the; fee Pon a revision as prescribed in section 4-20-
~3. "Stream. ~~~etland and Water Body Permit. I3onndary Determination. and
Functional L'valuation Fees," B.I.C. 1 1. All mi?tor chan~Tes to the permit
shall be noted. signed, and dated on the approved )erl Itllt.
Ilan aU)licant ~)ropuses to amencl an apl7ruved permit anti the proposed
amendtnnent is not considered minor by the city manager. the auplicant must
submit a complete aL)lication andp~:?V the tee; t~tr a standard wetland permit <<s
prescribed in section 4-20-~3. "Strum. \Vetland and \Vatcr Bodv l'erntit,
1.~~_nundarv Determination, and Functtonal Evaluation pees." B.R.C. lcl~l.
(~>1 `~+trcan?, \1'ctland and Water Bodv Bc?undarv Delc?•?uin.?ti~~ns:•
L) \t the rrcLcst utc~~ropcrty o~yncr. and after `ub?itittal oF.u? ,ippli~~i?iu~i ;?iul
paylnl:ltt ut lltc tee prescribed in section 4-20-~3. "Stream. \Vetland ~uul \Vatcr
Bodv Pernnit, Boundary Det~rminatian alUi I'llnCflC~nal F:balUatlOn l~ecs,"
Ii.12.C_ Ic)51, Drat the r.ity ntaua~~er's initiative, stream. wetland and water
body boundaries may be nunc.lifi~d by the city mama=er by means ot'the
pcrtinrnu?nce ota boundary determination in accordance with the definitions in
subsection (c) of this section:
A )plicatiun~: .\n au)lication for a stream, wetland, or water b(xly boundary
determination shall include, at a minimum, the tollllWllt~lnt01'Inall(?I1_
(r\) The written consent utall the landowners otall property subject to the
boundary change request;
t B) \ site plan shuwin~~ the exact lociit?utt Of the CUI'rF;nt fC~UIatOCy Stream,
w~:tland or water Bodv bound~n'y:
I C) rel,)ort completed by a qualified wetlands biolouist that dc;scribes the
lltedlodOiO~~y UStCI Ill lletel'nnlnln:C the proposed new stream, wetland or
water badv boundaries and at Icast one otthe following:
(i) A sh•cam boundary det(:?"minatl0? pertormcd by a c ualitied wetland
biolo~~ist in accordance with the detinition ut a stream as in section
~)-IG, "Dell?11t1O11S." B.R.C'. I9SI;
(iil wetland 6uundarv dett;l'nnlniltl011 perl0?'Ine(1 bV a qualitic;d wetland
biulut'ist in accordance with the procedures specified i?t the (~cderal
:~9anual For Identifvin~~ and Delineatin~l Juris(lictional Wetlt?nds
(.la?)uary, l~)R7). Intera~`ency Cooperative Publication: Fish artd
\Nildlit~ Service, Environmental 17roteCtloll A~~cncy, and Dtpa?"tntent
of the r\rmy. S(~il Conservation Service or ~l request to the city fir .t
wetland boundary determination; or
tiii ~1 water body Boundarv deterninatiun performed by a qualified
wetland biolo''ist in accordance. with the definition of a water body
as in scctil~n ~I-Ili. `'netlnltlons." B.R.C. Il)~l:
1ZcVl~\1•' Process:
(A) 1-he city ntana~er shall review the application in accordance with
subsection (c) of this section. and may approve the proposed Boundarv
chan«e ~tpi)ruve the prot)osl:d hc~undary chan~~e with ntoditic~ltions, or
deny the proposed buundar chan'~'~.
(B) The decisiint oi'the city mana'~cr shall be subicct to call-u) by the
planning= bc~arcl. ur aU)cal by the ap~)licant, subjl:ct to the call-up and
)cal t)roccdure of section 9-4-'i. "AU)eals. Call-Ups altcl Public
1 {c_arilt~s," Q.R.C. 1 X381.
i ? .i :\nn~xatioll: Prior to anneXation. all «•etlands and buffi.r areas on the
property to be annexed shall be u1~~ped by the city after the fee prescribed in
section ~1-20-~~. "Stream. Wetland and Water Bodv Permit. Boundarv
Determination, and Lunctional Evaluation Pecs." B.R.C. 1981. is paid and
accordin_= to the~)rocedures set forth in this section. This n1~tt)Uin>-< shall
include a fitnctiona[ evaluation of the sh•oam, wetland or water body
perforned by the city. The aUn•oved ntau~inu anti ovaluaUon shall bt
<lcioj)ted itS all t~)date tCl the 1'Z'~lll<1tOCV ]ni~7ti as a Dart Ot the allllexat1011
Orcll ll,llll C.
`~it•cam, ~Vctland or ~Yatrr 13udy functional h;vtiluations:
(1) At the request of all the property owners of an individual w~tl~utel. water body,
01• stream reach anti a11er pavnteltt Of the tee prc:SCllbed 111 SCCiIOIl ~-ZO-53,
"Sll'i:allt, 1Vetland an~i Water Body 1'e;rmit, Boundarv Chan~c and Functional
f~vahlation Leos," B.R.<~. 1181, or at the city mana~*er's initiative. the city
mana~~er may perform a fiutctional evaluation.
Puncttonal l',yalllatlOllti shall Ollly bl: ~)Cl•tornlCCl llptln (letCl•nllnatll)It by the city
manager that l;OndttIU115 haul; chall'~eCl significantly from the adopted
tiutctional evaluation due. to chan~~es ul land Use or hydrolo~y. Punctil)nal
cvaluatlons Shall b~ pcrti)rmed in accordance with the procedure tlescribeci ill
the repol-t entitled: "City of Buuldl;r Comprehensive Wetland Remappin:;
Project (2U04)" by Land Stewardship C'onsultint*, inc.
3 i\ )plications: An application for a stream, wetland. of watel• bOCly fllliCtlollitl
evaluation shall include the followin:.= illfornlation:
_ Statcnlent of requcat for the city to perform a functional evaluation of the
stream, wetland or water body.
r r~,t,. ~..,..r
(c .tit',;.~i'~Ili:,+_,3'Tt I?.j;..'G _ .
(B) r\ (lescription and rather relevant information suphortin<~ pi>tentially
changed conditions of the stream, wetland or water body.
(Cl Number of the wetlalul, stream reach, ur water bodv as specified in the
'`Gifu of Boulder Comprchensivc 1V~tlarul Rcnlappln~~ 1'roicct t?[)t)~)" by
(.anti Stewardship Consulting" lu(:.
(D)Siunahu-cs. addresses, ofall landowners aft~_rt~rl by the re~~ulatr)rv arc~(l.
(l1 I'avmcnt Ot lI1C ice as indicated in section 4-20-53. "Stream, Wetland and
Water Body Permit. Boundary l~c'tC11171178t1011 all(( j'1111Ct1i)llal )?Valllat1011
lees," T3.R.C. 19~ 1.
(-i) Review Process:
(A)The city man<<<~er shall review the request fora IlI1lCtll)ilal evaluation of
the stream reach wetland, or water bodv al1Cl dltel"nlllle It the ConCIlUO11S
have changed sufficiently to warrant a new functional evaluation.
(13) If the city mana~~cr determines that the functional values of an individual
stream reach. Weiland or water bodv have chans~cd cnrnl~h to result in a
chan~~e to the cate~Jorv of the strewn reach, wetland or water bodv a
t~roposal shall be taken to Pl.uulill~ Board for a reconuil4ndation and to
City Connell fOr 8dop1i011 i)V l~l'(Illlalll'C.
Sectloll Subsection 9-3-9(i) is change to Subsection (n), B.R.C. 1981 with
following subsections renumbered accordingly and amended to read:
Mitigation Plan:
(1) Mitigation Plan Required: As a condition of a ~t~-t~el-~l~{-perrrzit issued under this
section, the city manager, the planning board or the city council may require a
mitigation plan. A mitigation plan requires the applicant to engage in the
en}lanccmcnt. restoration or creation of a strcalll, wetlands or ~~~ater bodv in
order to offset, in whole or in part, tll.e losses or inl _~l~ts resulting from that
applicant's actions. 'T'his mitigation plan shall not Ue an alternative to the
standards set forth in subsection (g) of this section, but shall be used. only to
conlpezlsate for unavoidable losses or impacts. In making a detez7nination of
whether a mitigation plan will be required, and the degree to which it is
required, the following factors will be considered:
(A)The type and value of the altered stre:lnl. wetland,-.s ur ~vat~r hodv a~l~~nted
functions, the fimctions and associated resources to be impaired or
destroyed as a resu.lt of the proposed regulated activity, and the ecological
equivalency of the ~ nhanc~d. restored or created stream. wetland ~~r «-;iter
l~o~~~.~. In considering whether the enhal.ecci._restored or created wetland is
the ecological equivalent to the stream. wetland ~r water body impaired or
destroyed, the city manager will accept an evaluation of functional values
comparing the ~1-impaired or destroyed ~treanl, «ctland or titer
i~~,civ and the proposed enhanced, restored or created tream. wetland rn-
itel' 1;0~ using the ~~ilta~t-~e,l r,1.,,,,;f.,..,+:~x~f-~4'~,i,,.,,a~ . ,1..~, r;,~.
i~ < < r t oQC~ ~ ~,-y~~~r,
.,c: ~
t'-lE-A:~~rocedures ilescribed in "City of Boulder, Comprehensive \~etland
l~enla~]tll~ Proj.ect." by Land Stewardship Consulting" October l3. 20O~-
,a - ,
~ .
~-~~~~tEc'El-l3-'~-t~}c-i Eti-tccl-~i E?-tt`-.~' 'cl ~ i
i'~1~i-}t- r}t=-c(~:~tE~~~-•i~+i-tl~i-L:}~=
tet=~~E~que-~. 111 interpreting the provisions of this section, the planning
board may adopt design standards;
(B)The type, size, and location of the altered ,trram, wetland r~r ~~-titer bcxly
and gains or losses of this particular type of ~{~>-resource in the
Boulder Valley planning area and in the area of the altered stream.
wetland_~_~r uter bo~l~_; and
(C) The cost and probability of success of the mitigation measiues.
(2) Mitigation Plan Requirements: A mitigation plan shall contain:
An evaluation of all of the factors set forth in paragraph (qJ(1) of this
section;
i I>) T'he location and ownership of the proposed mitigation site;
(i.et An evahlation of the suitability of the proposed mitigation site for.
establishing the restored or created ~tre:ull. wetland ur w:lt~r body.;
(i~D) The source and ownership of any water to be used for establishing or
maintaining the restored or created stream wetland ~~r ~vatcr b~~dy;
(rF.) A description of the sizes and. types of sti•ecun reaches. wetlands or water
L~odies to be impaired or destroyed and restored or created;
The site hydrology of the restoration or creation area;
(~-ii~ A maintenance program for a period of+x~t-le4s-tliaj~u~~ tl) five years,
including, without limitation, weed control, litter and debris removal,
tenlt~or:+rv irri~_atir~n:~:t;, repair of water control structures,
maintenance of vegetation and wildlife habitat; and clearing of culvel•fs;
(~H) A description of any critical elements and possible problems that may
influence the success of the project;
(i~L) A timetable for conshuction and monitoring;
(.r) A monitoring program includiue monitolin~ schedule. tcchlliiluc ,uld
success criteria; and
(s:iK) A demonstration of fiscal, administrative, and tecluucal competence to
successfully execute the overall project.
(13 ~litit~atioli location: =F-1>~-~~id~kill~s--ter-:1-i~-~~election of a location for an
«•et-1L~l-enhancement, restoration or creation project ~k--:ball consider the
following order of geographic preferences in the context of the goals of this
section:
(,1 On-site;
(Bi•r) Adjacent to the site;
(('{i-i) Within the ~•"'~sub-basin of the existing wetland;
(I_~i•L) Within the Boulder Valley planning area; or
(E-v) In unusual cases, outside the Boulder Valley planning area.
(~E) V1iti~~ati~n type:
f In a mitigation plan, replication of the same or greater sireau~. wetland or
water he~dy fiznctional value is required 'in-kind rc ~1:<«•n~~l+t), unless a
wetland of a different type ~ -~~++°~~°•~~-loe~}t-ic~l~-is justified based on
the functions and values of the stream. wetland or water body which is
proposed to be altered.
(li) hl'1-Inallc;nt. dlrtCt Inlpaets to streams, wetlands. or water bodies shall be
compensated throu~ll restoration or creation.
t C') ~I~emporarv, direct impacts to streams, wetland, or water bodies shall be
C~~m1)e11~aC1'd thrOll,ll reStoi'atloll 01' c'llh~lltct117ca1t at the; location of I111pflCt
at a 1: l ratio.
(D) In~lircc impacts as a result ot~arti~~ities within a buffer area. shall be
compensated thro[ll~ll ellhanceluellt of the buffer area that culnpensates for
the impacted function.
~~Ullil?~il>a[OI'V I111tifT_at1011 a1110U11i:
i1 The guidelines for wetland compensation. (-i~r inlt~act~d >ire~Inl::. «•~tland~.
or water boclics shall meet the follo~win~~ ratios -indicating the amount of
<trcanl, wetland,_i~r ~~~ater body ~FI-~:1-to be restored or created compared to
the ~{~--area destroyed or impaired ar-e-as in table 3-1`3 of this section.
~Ire,un compensation shall be based on linear feet of channel. Wetland
:uui ~~'atcr bodv com icnsation ~h~lll be based on total surface area.
'TABLE 3-x-3: WETLAND COMPENSATION
Impacted Resource 1?I111ancement R~.~toratic;i~ Creation
Streams and Water ] :l 1:1 L• 1
bodies
Wetlands l:l 1.~: l 2:1
1Zare or hard-to-create l.~:l 2:l 2.5:1
wetland, -
1~e~trtt~s EN~~Gels
rl I ~--}-1-
(}3) f Ii~~h~r ~~~ctlan~l rui~lLell~ation ratios may be aulli~d to mitigation that is
not in-kind and/or outside the sub-basin of the orihinal wetland.
~Olllbinatli111 (~L l;rCalihll, rc~toratiun. and enhancement (-or direct
~inltic~tcts that meets the al)ove CO111peI1Sati011 l'CC1t111'e111e11t5 Inay by
~nsidered under the following conditions:
Vii) Water rights for agricultural use within the subbasin are unavailable;
(iil Created. restored, or enhanced ~t-etlands are all within the basin of the
ori~7,inal wetland; and
(iiilTllcre is a high potential for long-term success of mitigation.
1 ~~~t~-o~-~i-gl~er-rat~us- ~ x~~~-r
^ ~
,
1;;;\ !l„ ~;+o ,,,;t-; n.,+;E3i1-i•.,rl,o,- rt,.,, ,.CF n:+o~
~ti.,,,a -F,,,,,.r;.,~~ ,ie~r,-,,.,off „ _ o,l..,,,.~
,
(3) Mitigation Banking Program: Upon adoptiozl of a wetland mitigation banking
program by the city council, if the city manager, the planning board or the city
council determines that the public interest is better served, a fee maybe accepted
in lieu of direct action on the part of the applicant to initiate a wetland restoration
or wetland creation project to offset wetland destruction or impairment from the
permitted activity. Fees for compensation of wetland destruction or impairment
will be set based upon the amount that would be required to perform equivalent
wetland restoration or creation. Such fees shall beheld for the express use of
wetland restoration and creation projects, including, without limitation, the
acquisition of water rights for the use of compensatory mitigation.
(4) Financial Guarantee: Prior to receiving a final certificate of occupancy, the
applicant and any successor owner of any portion of the property subject to a
stream, wetland or water body miti<~ation requirementsp~i~ shall either
complete the mitigation or provide a financial guarantee in an amount sufficient to
guarazttce the performance of the mitigation :plan. If a building permit is not
required for a proposed activity, a financial guarantee is required prior to issuance
of a. wetland permit. The gniarantee shall be in an amount necessary to secure the
full costs, as determined by the city manager, of construction and monitoring as
described in the approved mitigation plan. The city manager will anzzually review
the guarantee to assure that it meets the full cu17-ent cost of constructing the
izmprovezments whose installation. it secures. The manager may require t12e
applicant to amend the guarantee to meet such current costs. The financial .
guarantee may be in any of the forms as described in subsection 9-12-13(f),
B.R.C. 1981. If the financial guarantee is in the foz-m of the escrow of funds, the
city manager will take the measures described in subsection 9-12-13 (g), B.R.C.
1981, to ensure that the funds are maintained in an appropriate manner.
Mitigation Monitoring and Release of Mitigation Ptan Responsibilities:
(1) The applicant and any successor owner of any portion of any property subject
to a wetland permit is responsible for the implementation of any related
cream. wetland or water boely mitigation plan for an initial ~~cri~~el ~~t~up to
five years from the date of completion of construction and planting of all
vegetatiozz required by the plan and. acceptance of such construction and.
planting by the city manager.
(2) Any failure of a mitigation plan during the t;~t-Lemmonitoring period shall.
be remedied by the applicant and any successor owner of any portion of the
property, who shall be jointly and severally liable to the city for the costs of
such remedy. Any such failure shall trigger a new guarantee period of
equivalent length to thatL~riti~ci in tli~ ~tr~am. wztlanel ur ~~at~r h~~cly
j~c.rn~i_(_. The city maziager will release the financial guarantee at the end of the
monitoring period if the original goals of the plan have been achieved.
Expiration of Wetland Permit:
(1) 1111~~» ('•f~l.:l"~Vl~c ~t~cCltlc't~.:~<t ~tl~C'~3lll. Wetland_ol' `.~~~at~i' hc?clvpenxllt expires
three years alid no iziori; than five cars after the date of final approval..-~z~:
~t~t~4~~~i~--13E~'13'ric-iiEl-`,~--iivti+--fat:-E'-H-i~Silt~-~li3t~-t6-',T's+cittt; tic?,,i--~~".r.~-rrEic
i i ~ li 112~t3GLt~-6i-
5
(2) For good cause, an applicant or any successor owner of any portion of Land
subject to a stream. wetland ur n:it~~r hu~ly permit may request an extension of
an original permit by filing an application with the city manager prier to the
expiration date of the permit, for up to an additional three year period. The
city manager may deny the request if good cause is not shown, if the original
intent of the permit is altered or extended by the renewal, or if the applicant
failed to abide by the terms of the original permit.
(t) Enforcement:
(1} In order to carry out the provisions of this section, the city manager may enter
upon private land not otherwise open to the public in a reasonable and lawful
manner, with reasonable notice to the owner or manager of the property
during reasonable business hours for the puzposes of inspection and
observation.
(2) Tf denied access to any property or building, the city manager may apply to the
municipal court for a search warrant yr admirtistrative inspection warrant.
(3) The city manager may suspend or revolve a wetland permit pursuant to the
procedures set forth in sections 4-1-10, "Revocation of Licenses," and 4-I-1 1,
"Revocation Not Exclusive Penalty," B.R.C. 1981. Permits maybe suspended
or revoked for a failure to comply with the provisions of the permit.
(4) In addition to other remedies, the city manager will have the following
powers:
(A) In the event of a violation, the city manager will have the power to issue
an appropriate order to any person responsible for a violation of this
section and to the property owner. In the order, the manager may specify
the initial corrective measures required, including, without limitation,
wetland restoration and creation measures for the destroyed or impaired
wetland. If the responsible person or property owner does•rlot complete
such measures within the time required by the order, or request an
administrative hearing by the city manager within seven days of the
issuance of such order, the city may restore the affected wetland to its
prior condition and restore or create other wetlands for the purpose of
offsetting losses sustained as a result of the violation. The person
responsible for the original violation and the property owner shall be liable
to the city for the cost of such actions in addition to any tines that maybe
levied by the municipal court for violating this section.
(B) If any property owner fails or refuses to pay, when due, any charges
imposed pursuant to this section, the city manager may charge the costs
against th.e financial guarantee, pursue other collection remedies, and
certify due and unpaid charges, including interest, to the Boulder County
Treasurer to be levied against the person's property for collection by the
cotuity in the same planner as delinquent general taxes upon such property
are collected., as provided by section 2-2-12, "City Manager May Certify
Taxes, Charges, and Assessments to County Treasurer For Collection,"
B.R.C. 1981.
(L:) To bnlide ~rrean~. wetland and water boc}v restoration and iy~-1~~~ltl-creation
actions, the city manager may order the violator to develop and amend a
plan as described in subsection (1z~t) of this section.
u) 1mergency Exemption: The city manager may suspend any poz~tion of this section
in the event of an emergency situation which threatens irreparable harm to the
}zealtll, safety or welfare of the inhabitants of the city or the city's planning area or
to the city's environment.
(v_) Regulations: The city manager may adopt rules and regulations that the manger
determines are reasonably necessary to implement the requirements of this
SeCtI011.
Section X. The following definitions in section 9-16-1, B.R.C. 1981 are amended
to read.
~,r~4-crianc'~rfiincti~61-1:
"~p~rrFi~a-H*ii ~ rl, t,,,trlo ~,f', uo~~~u]
~,iTl:xcr'c~-iz
f~i-c^~pv`acc~i-cie~~~lC-1p=iiE-ii~E3T isct}~-2~~E~1~~~ -~~e'E~}9~-~~
"~xl-~vziaz=~$
"Bank-t'ull discharge" mains the atr~aiu 110~~,~ ~cnerally cou~idcred ;o Lc that occurring
within a recun~ence interval of l.~ to 2 years, on average, that is most ztfective for
moving seclirnenf, foi7ning or removing bars, and forming or chan~~in~ bends and
Illea11de1'S, all of which result in the average ?lloi1~holo~ical characteristics of a
I1.,ili1_:f.
"P~1nl~-full «~i~ltfl•' i~,~-<<n~ the ~.z,i~itl~~ ~,r il~.: ,.h.,~~r~_cl in~;i•~n~~-i .i~ ~~~i~~r~ ~~~~~-i~~i~~~!i~_~~_~I_ir t~~
streamflow at L~,inl:-lull ~lischar<~;c.
"Best management practices" means economically feasible conservation practices and
laud and water management measures that avoid or minimize adverse impacts to
the ehelnical, physical or biological charaetel-istics of wetlands. These practices
maybe further described it1 rules promulgated by the city manager, which maybe
aznendcd fiozn time to time, pursuant to Chapter 1-4, "Rulemaking," B.R.C. 1981.
Such practices include, without limitation, avoiding wetlands whenever
practicable; controlling soil loss; reducing water quality degradation; appropriate
use of native wetland plant material; and minimizing the impacts on
hydrologically connected surface and ground water and on the plants and animals
that it suppozts. The Hiles presently used are "City Of Boulder Wetlands
Protection Program.: Best Management Practices" adopted July, 1995; and "City
Of Boulder Wetlands Protection Program: Best Management Practices -
Revegetation Rules" adopted July, 1998.
"Boulder Valley planning area" means the limits of the area defined in the Boulder
Valley Comprehensive Plan, as it maybe amended.
"'""'""°~Creation" means the establisl>111ent oCawetland or otl~cr a~~uatic resource
where one. ~-v-i ~ did not
formerly exist.
"Critical species" means plant, animal or other wildlife species listed in the most current
Boulder County Comprehensive Plan as a species of concern; or the most current
Boulder Valley Comprehensive Plan as a species of local concerl.
i "-l~~ „
en ~i-roet~ta-l-l~e~~,-~t-s; •~re~e t~-1-e~ ers~,..,~-m-Rt-d~z=~s~l~e--I~s~
sl~l-i}et-Eye-a-~ote • ' " • :sc»}able ti~ia~ur~;-b~-t~tt
~~~~o~r
"t~:nhanccrneut'' means activities conducted in esi~tiu~ wetl:uld or other ,.i~luatic
resotu'ces which increa~c one or more ecolozical tunctions.
`'Ephemeral Stream" trieans a streaut, or :uty portion thereof, that has flowing water
only eluting, and for a short duration after, precipitation events in a typical year.
Ephemeral stream beds are located above the water table year-t-ound.
Groundwater is not a source of water tar the stream. 1Zunoff from rainfall is the
primary source of water for strcan~~ flo~.v.
,
"Functional values" means the ratings assigned to stream, wetland and:rater body
functions for the purpose of defining their relative value-~~#=~~~~. fee
"Functions" means the beneficial roles served by ~trcan~,,. wetlands ~_~r.d ~~t~r bodies,
including, without limitation, storage of floodwaters, groundwater recharge and
discharge, protection of water quality by sediment trapping and shoreline
ancltoning, habitat for plants, wildlife, and other animals, food chain support for a
broad range of wildlife and fisheries, long- and short-term nutrient retention, and
recreation which does not harm or disturb the stream, wetland or ~,~~~aler body.
lei'-~,-; ^ _-a~iei ~g-~ri~-i-rr~=~~~
,.~.~~.,-,.tn i„=~:#-;3~tea:,..,ii„ ,ae~;,, „3t-i ~ ~ •t}J~-et-~~
Wiz-;
"In-kind" means the restoration or creation of a wetland, ~tre._~m or ~~rater bod~,~ with
functions and plant community tykes approximating those of a destroyed wetland.
I '`intermittent Stream" means a stream that has flowing water during certain times of the
year when groundwater provides water for stream flow. During dry periods,
intet7nittent streams may not have flowing water. Runoff froth rainfall is a
supplemental source of water far titream flrnv.
''1[salated wetland" means a wetland lacking a hydrologic connection to other wetlands,
connection to "state waters" as described by section 25-8-103(19), C.R.S., or
waters considering both surface and subsurface flows.
"Maintenance" means any activity undertaken to repair or prevent the deterioration,
in~paitment, or failure of any previously constructed improvement or st>.1lchtre
including, without limitation, the replacement of structural components.
Maintenance does not include Teti-1~e}~aee~te~~ ~i~3g-€a~s-er
reeonstructiot~ that materially enlarges or expands a facility or tou~l rcplaceu7ent ol•
e~i.~tin~ l:~cilitics. ~A~iail~tcn~in~c~El,,t+ includes the addition ~~f• 1»aterial to reinforce
+-~r ~~r~~tcct tllc inte~~rity ~lf~an ~isiin~ nuhlic fitcility.
~
~vi3~ls-iss a•C "r~ir-~tia~-8-civ~vccien-
"Mitigation plan" means a plan for the creation, enhancement or restoration of a
wetland, stream or water b~~dy that is destroyed or otherwise negatively affected
by an activity.
~~n~f ~ +l,o,. ft,.,,, +t,,,+ ,1~~.,~a „ ..;+o
"On-site" means within the boundaries of the :~~.ihj~ct property.
++n„+ .,f 1,:,, a++ , +i,~, ,urn-civiz~-iti~
•`~CI'G1111at Str(anl•' llleanS :L>tl'calTl liltll ila~ t1U~V111~T ~`.'atel' `~;+'cal'-i'i?Und r{U11ll~f ~l 1~11I1":'11
`v'e; t 1'.
t ~ i i ~ii~-~I3C~--t~l'yi
t~i8-~3j3~iC-ai~~
"Regulated activity" means those activities requiring a wetland permit pursuant to
subsection. 9-3-9 (d), B.R.C. 1981.
"Regulated area" means those areas described in subsection 9-3-9 (b}, B.R.C. 1981.
"Riparian area" means ~t type of habitat occurring al~~ng a stream, ~~~etland or-r~iet-
water body typically consisting of water tolerant trees and shrubs such as alder,
cottollrvood, and willows.
n~Ec~2t-l~@tl-t~ " G~z~l's-F~~'c'£~t-1t~3~rcnzrzccis-C~ ' - „•F'+1,~. +:,11.,,..:.,~ ~.-:+e.-:.,:
1 1~~,,,,+.. +1,~ „r:--rrci~rzs
v~-'c}~g~i~~t£,,. + . .~+1.,,,,1 4~,-t1, t1,~, R„t}1E~8~~-6~
~s~u 1?ltu,
~~-lrnp~~}t fl..,..-lv 1, ,+,-.,1 r,,,.,1. •
> >
1T21 Tl~,~~...1 (~.•:+;...,1 S7f7:1~11:-Fv
T~+..+ : , +l,o T2.,~,I~lor f n.~„~iC~.i.~•~l~ly~.t,~.C.
S'-'~ ~L~~~~
!f•'l 7l„ .,1~n.1 !~'«;+;,.nl Dln„+ A c• .i4:., e,_fl,n._l~til.1 + .
vvuzcscz ~.vuzi~j~
{q -~t~Y- ~ ~eh~,~-;~
'231-;
i ,
C.,,,,,,,•ol,~,,,..;,.,, Dl.,.-,,-,;,,~, A /_t L1441 l~„_ I]_ !"'.~~~~r_~~~
i j
rzz:v:,
-tl
~?-~311t-~ -ii~41~1}'
,c~l---$~-6t~3
fl,~ TT,,;t~,~ C~~.,f.,~ l:;~l, .,,,,1 \~I;1,al;F C.~.-,,;.,o•
tl~l Dln„f nl .,fl,.,,. <,.;l,ll; F ,ten;on l;.,fo.a 1.,. fl,o Cfnfo „F f`,~1~,-...~.-. nr~_
, , -nr~.,
~h~- , ,
@~:.izriii-icrc`1-3iui
Il`\ Dl.,,,f .,1 „fl,~„- „,:i.al;fo ~ l;rf~.a ; , +1,~ R.,,,l.ae~~~{y
~
Lam,-„,,,,..~,1,~,.,~;,.o Dl,,,, rr-Et~~3Cr`F1-~
~ i~t, ,
;
5
~~ag~r-r-tei~t-pra~t~et~,
~f~~~~
,<:l,;r.l, , „l~l n,a,,.,,•,.el,, n~~ of ft,_o_~;.,-.,;f;,..,,,r~thF@~zH~E~=A~
f
~~:~-t~e~ig~~t
':Strc~~Tll'• nt~:,:uls ail upen, relali~~rly nat~_u~~11 channel that collcc~s and drains flo~~~> ~.~,~ithin
a watershed. A stream can be perennial; iutertnittent, or ephemeral and is defined
~~enerally by the batilc-full width of the clla>u1e1. Witl>in the ~:ity limits, streauls
Tat are regulated are mapped as regulated areas.
Streams do not inch.tde man-made channels or swales constructed solely for the
ptit-pose of delivering adjudicated water rights or trans-basin diversions, or for
collecting and conveyin~~ storm water from properties into the municipal
stornl~=,~ater collection sv~~tem.
~~tre'1lll Ct1tl~illCtlll'n['~ lllealls t(7 I~C~i(?i'e a >c~'lllellt 01 ;l ~lreillll tip tiC ~anl~ Or better'
functions a that itnpact~d.
"Stlztcture" meads a building or other roofed constriction, a basement, a wall, a fence, a
manufactured home or a storage tank.
"5~lf~t~asiu"means an area or laud within the Boulder Creel: watershed that drains a
Ingle stream.
"Temporally impacts" means a p~rnlitted. short-term activity that impairs or destroys ~i
stream. wetland or water body under the condition that the stream. wetland or
water body will be restored or recreated in place after the activity has ceased.
'`Vegetation removal -major" nleaus: 1) clearing of woody and nun-woody vegetation
canopy cover or herbaceous n•ound coyer that does 110t 111e~t t1lG de(illittoll Of illlllol'
vegetation removal; or 2) removal of any dative (indigenous) alltlual or peretulial
- i
woody ornon-woody species within the riparian area; or 3) pruning, tri111nling,
cutting off, Ol' re1110Va1 Ot greater than ?5 percent of the crown of arly tree within a
tlu•ee-year period; or 4) clearing of 20 percent or More horticultural landscaping
1V1tI1111 a cone.
~•~'c~etation removal -minor" means: 1) routine trimming ofplant 111atelial; or 2) pruning
of tree branches totaling less than 25 percent of the crown within a tlll-ee-year period;
or 3} removal ofnon-native invasive species of brush, alulual or perennial vegetation,
and herbaceous grass species that out compete or suppress existing native vegetation
provided that sufficient vegetation remains to prevent erosion {bare soil shall not Ue
left exposed); or ~1) clearing of less than 20 percent of herbaceous or woody
groundcover within a zone if coulbined with the replanting of llew vegetation
tollo~villg the "City of Qoulder Wetlands Protection Program: BCSt ,Llanagement
Practices - Revegetation Rules" Adopted July, i 998.
"~l at~l- Body" means at1 area that, during a year with nol-lnal patterns of precipitation,
leas standing water for sufficient duration to establish an ordinary high water mark
and a depth of more than two u.eters. Within the city limits, water bodies that are
regulated are 111app~ci a~ rc~ulatcd arca~.
«ta7 4 ,.,,o n4« oL rl_.,_cln,-,_al~n 1 1,
--~-i-=n'C~E0~3~$ ~ n ~ n > > ~-crciri, viii > >
n ini. .,,-F;" „~41,~ fl..~.,a,~i„ F.. .,4;., .,4„ nl~,- ,b~,•vt,nd_c]tin}~~~1.
m : , iii' , ~
n4ni,l:..i,~~i , nf, nl „ri 1,,, nri~.i,• ~ f;-. nn,~-: .,f'Ft,,.4
"Wetland" means ; an area that is inundated or saturated by
surface water or groundwater at a frequency and duration sufficient to support,
and that under normal circulxlstances I dc~ support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly known as
hydrophytic vegetation as specified under the procedures in the Federal Manual
For Identifying And Delineating Jui-isdictional Wetlands (January, ].989),
Interagency Cooperative Publication, Fish and Wildlife Service, Environmental
Protection Ag~~e]n,~c,`y,F'and Department of Army, Soil Conservation Service; a
LTS'G'C'C-l'ICI'i'TLLZn'l~'l'h1~YT~t'1~ _ lx/fin „an 1~An ~4,• 4 r_,-~_41,_o-~i~,~1_ 4 f f
_ n' ~ »~~l_TL
R+-pcTlTii~\~TV FJ-~i
ri „ 1..,,,1~ .,4~4T,~, n,.4;..,, „>^n,,,,oi_;,,,,1„a• Within the ail}
~1!TII? ';l'il i:iC~:i ti ,Y -{l~~ ~ r~LlJa~ .1 ',l.l'~ i~~l i"'~~~,~~"1 aS rCglllate~l area.
y-l-rccc-i-nii'~rcccm'r~='.?i.
-fielEl. 'T'L.~ ~.fi,,,.i,~i,,,.., n,-ir.r,4~~J 1,,, 4i,a ~$s~iS-fl}C
b -J
„1, 131~T +ln ,a f2., ,.a T1~,4 z~cTiiiai3J " ~I~~i,,,~i
fl,.Tjv~ciz"i~
> >
n~Tag~1e , anEl-W-~'~"~~~~~e+~1,,,:,•~,,,,,~„4n,
b , , 'ivrim~-i~ic2:
"~"'~*-.,-~~rRestaration" means an activity that returns a stream, wetland or water body
from a disturbed or altered condition with lesser acreage or function to a condition
with greater acreage or function.
~
~ o z or,.~ ~ n r 1-951-
~,uisuuii ,
Section 2. This ordinance is necessary to protect the public health, safety, and
welfare of the residents of the city, and covers matters of local concern.
Section. 3. The council deems it appropriate that this ordinance be published by
title only and orders that copies of this ordinance be made available in the office of the
city clerk for public inspection and acquisition.
INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED
BY TITLE ONLY this _ day of _ , 2009-
Mayor
Attest:
City Clcrk on behalf of the
Director of Finance and Record
READ ON SECOND READING, PASSED, ADOPTED, AND ORDERED
Pi1131,ISIIF,D I3Y TITI,P, ONLY this day of 2009.
~vlayor
Attest:
City Clerk on behalf of the
Director of Finance and Record
A'T'TACHMENT B:
Summary of Changes to the Wetlands Protection Ordinance
Objectives of the Project
1. Define a regulated stream and revisit the approach to defining the significance or value of
individual streams.
2. Ensure the permanent preservation and protection of defined wetland functions and
values.
3. Clearly define a minimum buffer width that balances resource protection with landowner
inte~;ests and is sensitive to specific stream stretches and wetland conditions.
4. Provide clarity to the landowner in the uses and activities that are prohibited or allowed
in the buffer area.
5. Provide a comrrron sense flexible approach to regulation which promotes compliance.
6. Balance landowner interest and resource protection in the regulation of activities by
incorporating exceptions for existing Land uses and offering mitigation options for
activities that have minimal cun~~ulative impact.
7. Provide f]exibility and a clear and reasonable appeals process to landowners when there
are physical site constraints hardships or' other unusual circumstances to necessitate
variances.
8. Define mitigation requirements that are achievable and help to insure the goal of no net
loss of wetland acreage and function in 13oulcler Valley.
9. Provide an ongoing educational program that ensures that future residents know about the
buffer and use restrictions and provides incentives and recommendations to landowners
for enhancing their wetlands.
Summary of Major Changes by Subsection
Ne~~~ Subsection Title Proposed Changes Project Objectives 1VIet
Subsection
9-3-9(a) Legislative Intent Clarifiication of intent to protect streams, Define a regulated stream and revisit
wetlands and water bodies the approach to defining the significance
• Addition of a "no net loss" goa( or value of individual streams.
• Acknowledgement of need to balance Ensure the permanent preservation and
property owner interests and public protection of defined wetland functions
interests and values.
• Clarification of intent not to prohibit all
use of regulated areas
9-3-9(b) Scope and Application No substantial change.
9-3-9 (c) Stream, Wetland and Water Body Addition of a method for mapping Define a regulated stream and revisit
Mapping, streams and water bodies the approach to defining the significance
• Change to the required wetland or value of individual streams.
Currently titled, "WetEands Mapping delineation method from the 1989 Clearly define a minimum buffer width
and Evaiuation" federal manual to the 1987 federal that balances resource protection with
manual landowner interests and is sensitive to
• specific stream stretches and wetland
conditions.
9-3-9 (d) Stream, Wetland and Water Body Addition of new method of categorizing
Evaluation, and Classification streams, wetlands and water bodies
• Processes for functional evaluations
and boundary determinations are
moved to subsection 9-3-9(n}
• New buffer area categories and
corresponding widths are added
_3
_
Subsection Subsection Title Pro osed Chan;es Pro'ect Ob'ecti~°es Met
9-3-9 (e) Permitted, Allowed and Prohibited The current description of regulated and Provide clarity to the landowner in the
Uses within the Regulated Area allowed uses is removed and a new use uses and activities that are prohibited or
Currently titled, "Regulated Activities" chart is added with five types of use allowed in the buffer area.
restrictions (allowed, allowed with Provide a common sense flexible
notice, conditional use review, standard approach to regulation which promotes
permit review, and prohibited) compliance.
• Balance landowner interest and
resource protection in the regulation of
9-3-9 {f) Stream, Wetland or Water Body Application requirements are defined for activities by incorporating exceptions for
Permit Applications two new types of permit review - existing land uses and offering
Currently titled, "Wetland Permit and conditional use review and standard mitigation options for activities that have
Wetland Boundary Determination review . minimal cumulative impact.
Applications" Requirement for applications to be
prepared by a qualified biologist is
limited to mitigation plans only
9-3-9 (g} Process for Wetland Permits No substantial changes are proposed to
Currently titled, "Process for Simple the current permit process except to
Wetland Permits, Standard Wetland change from simple and standard to
Permits and Wetland Boundary conditional and standard review types
Determinations"
I
9-3-9 (h) Criteria for Review ` • Addition of specific criteria (or
New suBsection standards) for permit issuance by zone
9-3-9 (i) Criteria for Standard Review Change the current discretionary criteria
- Currently 9-3-9(g), "Standards for for all permits to apply only to standard
Wetland Permits" review permits.
• Removal of "avoidance" criterion.
~ti
I
Subsection Subsection Title Pro osed Changes Pro'ect Ob'ectives Met
9-3-9 (j) Permit Conditions No substantial change.
Currently 9-3-9(h), "Wetland Permit
Conditions"
9-3-9 (k} Financial Guarantee No substantial change.
• Currently 9-3-9(h)(2)
9-3.9 (I) Coordination With Other No substantial change.
Development Reviews
Currently 9-3-9(>)(7)
9-3-9 (m) Variances Addition of a variance procedure for Provide flexibility and a clear and
(New subsection) prohibited uses reasonable appeals process to
landowners when there are physical site
constraints hardships or other unusual
9-3-9 (n} Permit Amendment Procedures No substantial change. circumstances to necessitate variances.
Currently, 9-3-9(x(8)
9-3-9 {o) Stream, Wetland and Water Body Boundary determination methodology,
Boundary Determinations application requirements, and boundary
Currently, 9-3-9(c)(4) and 9-3- change process are moved to a single
9(e)(3), "Wetland Boundary subsection
Determination"; and 9-3-9(f)(6), Change to boundary change process to
"Wetland Boundary Determination allow staff-level approval with a
_ Process" Planning Board call-up (instead of
requiring an ordinance)
9-3-9 (p) Stream, Wetland or Water Body Change :o the functional re-evaluation
Functional Evaluations process to only allow changes on a
Currently, 9-3-9(c)(3), "Wefland reach-by-reach, or ;ndividual wetland
Functional Equivalents" basis ands ecif the procedure.
.J
V~
J
Subsection Subsection Title Pro osed Changes Pro'ect Ob'ectives iVIet
• Addition of a requirement to only allow
changes to functional evaluations by
ordinance.
9-3-9 (q) Mitigation Plan Refinements to the compensatory Define mitigation requirements that are
Currently, 9-3-9(i) mitigation ratios to separate achievable and help to insure the goal of
requirements for streams, wetlands and no net foss of wetland acreage and
water bodies function in Boulder Valley.
I
9-3-9 (r) ~ Mitigation Monitoring and Release No substantial change.
of Mitigation Plan Responsibilities
Currently, 9-3-9Q)
9-3-9 (s} Expiration of Weiland Permit I Added a 10-year limit to the expiration of
' Currently, 9-3-9 (k) ;permits.
9-3-9 (t) Enforcement No substantial change.
Currently, 9-3-9 (I)
9-3-9 (u) Emergency Exemption No change.
Currently. 9-3-9 (m)
9-3-9 (v) ~ Regulations No change.
Currently, 9-3-9(n)
9-16 Definitions Addition of definitions for streams, ~ • Define a regulated stream and revisit
_ water bodies, bank-full discharge, the approach to defining the significance
bank-full width, enhancement, or value of individual streams.
creatio^, riparian area, and
~ vegetation removal.
• Deletion of unnecessar definitions
it
Subsection Subsection Title Pro osed Chances Pro•ect Ob'ectives ~'Iet
and redundancies
• Clarification of maintenance
I.
ATT'ACHMEN'T C
Summary of Public Meetings
January 31, 2008 Public open house on the issues with the current wetlands ordinance,
objectives for the revision project, and preliminary approaches to
restructuring the ordinance.
April 3 7, 2008 Planning Board public hearing and discussion of draft materials for the
April 29, 2008 City Council Study Session.
April 29, 2008 City Council study session on the issues, objectives, and preliminary
approaches to revising the city's wetlands regulations.
June 3, 2008 City Council public hearing and direction on the objectives and
preliminary approaches.
October 6, 2008 Public open louse on the recommended policy changes including:
1. definitions for wetlands, streams, and water bodies;
2. a methodology for categorizing wetlands and determining buffer
widths; and
3. anew buffer zone approach.
November 20, 2008 Planning Board public hearing and recommendation on proposed policy
options.
January 7, 2009 Public open house on the proposed use requirements variance process,
permit standards and mitigation policy.
January 22, 2009 Planning Board public hearing and direction on the proposed use
requirements variance process, permit standards and mitigation policy.
March 4, 200.9 Public open house on a draft ordinance.
r
ATTACHMENT ll
Johnson, Beverly
From: Kirkwood M Cunningham [krrrcunnin C juno.comj
Sent: Tuesday, March 03, ?_009 2:14 P~,1
To: Johnson, Beverly
Subject: Re: Draft Wetlands Ordinance
Bevez~ly -Based on the presentation that the staff gave me a month or so ago (and assuming that there have
bneen no substantiave changes since then), I conclude that the Sierra Club supports this ordinance change.
Please pass that message along. 'Thanks.
Kirk Cunningham, Conservation and Water Quality Chair
Siena Club, Indian Peaks Group.
On Mon, 2 Mar 2009 14;11:47 -0700 "Johnson, 13everly" <Johnson[3@bouldercolorado.gov> writes:
Draft Stream, Wetland and Water Body Protection Ordinance
Draft changes to the Wetlands Protection Ordinance are attached far• your review
and feedback. You may compare the new ordinance with the current ordinance
which is available at the following link:
htt www.colocode.corn[_b__oulder2/chapter9-3.htm#section9_ 3_.__9
Copies of the draft ordinance also will be available at the Planning and
Development Services Center, 3~~ floor, Park Central Building, 1739 Broadway
beginning Tuesday, March 3.
Please review the draft and provide us with your comments either through the e-
mail wetlandsC~h~uldercolorado.gov ,phone (303-441-4245} or by attending the
following open house:
Public Open House on Draft Ordinance
Wednesday, March 4, 5-7 p.m.
Municipal Building Lobby,l777 Broadway
z
~ -
Johnson, Beverly
From: Farb 1<ostanirk [harhk~ll8C~comcast.nel)
Sent: Monday, March 02, 2UU9 4:26 F'M
To: Johnson, t3everly
Sub}ect: Re: Draft Wetlands Ordinance
1=1i Bev
I will attend the open house, but there are a couple of items on which I'd appreciate some clarification:
I. Major vegetation removal in our previous (email) discussion a few weeks ago, I mentioned that wind
damage often requires pruning, and that since laox eldczs and cottonwoods often have only 2 or 3 main
branches, pruning for wind damage could end up requiring a petn~it. You had indicated that the draft
ordinance would take this into account, hilt I (lon't see it handled. Perhaps wind or storm -related
damage requires its own exception`?
2. In the definitions at the end of the draft ordinance is the sentence "Mzunterrance also includes, with
limitation, the addition of materials to reinforce or- protect the integrity of an existing public facility."
I'zn not entirely suz•e what this means, but is there a reason to distinguish between public and private
property for this? (I'xn imagining putting in sandbags if high stream water begins to wash out one of
the piers for the deck, for example.}
I look forward to seeing you on Wednesday.
Barb
Johnson, Beverly wrote:
Draft Stream, Wetland and Water Body Protection Ordinance
Draft changes to the tNetlands Protection Ordinance are attacE?ed for your review and
feedback. You may compare the new ordinance avith the current ordinance which is
available at the following link: http://www_cgiocode•co~boulci~r?_jcha tp er-9-
3.htm#section9 3 9
Copies of the draft ordinance also will be available at the Planning and Development
Services Center, 3`d floor, Park Central Building, 1739 Broadway beginning Tuesday,
March 3.
Please review the draft and provide us with your comments either through the e--mail
wetlands@bouldercnlorado.gov ,phone (303-4d1-4245) or by attending the following
open house:
Public Open House on draft Ordinance
Wednesday, March 4, 5-7 p.m.
Municipal Building Lobby,1777 Broadway
i
- _ T
City of Boulder
Revisions to the Wetlands Protection
a~ Ordinance
~ov N1arCh 4, 2009
p~ o~J
®pe~ Ifl®ur'fe _
-
~omrreent Form
Do you have~any comments on the proposed changes to the Wetlands
Protection Ordinance?
~ Ins ~
.v~~ t~1 `11 ~-Z, U,~ L !.L\`~-`-~' 0 ~ ~Lr/\ 0 ~l~A_r_.O yJ~
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Other suggestions for changing the ordinance?__
Questions or issues that yo~~. would like addressed later in il~e Z,roces5?
Please use the back of this form for additional comments.
Web site: www.boulderplandevelo~.uet >Wetlands Protection P~•ogram
Please leave this comment farm at the welcome table.
You may also send your comments or yuesf ivns by e-mail to wetlands@bouldercvloradv.gov or mail to the City of Boulder,
Planning and Development Sezvices, c/o Bev Johnson, P_O. Box 79i, Boulder, CO 8o30G or call 303-441-3zy2.
If you would like to 6e notified aUout this project in the future, please Subscribe to the "pds~-wetlands" email list.
Name
Street Address, 7.ip
Phone
. F, mail
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City of Boulder
Revisi®ns to the Vl/etlands Protection ~
~r~~ Q Ordnance
o~ March 4, 2®03 ~
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®pen {f'~OUSe ~
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Comment Form
Do you have~any comments on the proposed changes to the Wetlands
sProtection ordinance? ~ '.l~ e ~ .
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Questions ox' issues that you would like addressed later iai the j~rocess? ~ _
Please use the back of this form for additional comments.
Web site: www.boulderplaxxdevelot~.net >Wetlands Yzotection Program
Please leave this comment farm at the welcome tal}le.
You may also send your comments or questions by e-mail to wetlands@bouldercvlorado.gov ox mail to the City of T~oulder,
Planning and Development Services, c/a I3ev Johnson, P.O. Box 79i, Boulder, CO t3o3o6 or call 33-441-3271•
If you would like, to be notified about this project in the future, please s_ ubscribe to th~'vds-wetlands" email list..
- ~ u -j-n rv ~ ~1~._
Name.
Street Address, Lid
Phone
E-i~nail