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2009 Ordinances
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2009 Ordinances
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<br />- ~ . <br /> <br />c. Historic preservation and archaeological activities, provided that they <br />comply with the following: <br /> <br />1. The land disturbance undergoes an administrative reVIew, <br />pursuant to Section 9.1-1 O( c), prior to approval; and <br /> <br />2. Any land disturbance exceeding an area of 2,500 square feet <br />shall comply with chapter 11 (erosion and sediment control) of this <br />Code. <br /> <br />(3) Buffer area requirements. To mIllImIze the adverse effects of human <br />activities on the other components of resource protection areas, state waters, and <br />aquatic life, a 100-foot buffer area of vegetation that is effective in retarding <br />runoff, preventing erosion, and filtering nonpoint source pollution from runoff <br />shall be retained if present and established where it does not exist. <br />The buffer area shall be located adjacent to and landward of other RP A <br />components and along both sides of any water bodies with perennial flow. The <br />full buffer area shall be designated as the landward component of the RP A, in <br />accordance with sections 9.1-4 and 9.1-11. Notwithstanding permitted uses, <br />encroachments, and vegetation clearing as set forth in this section, the 100-foot <br />wide buffer area is not reduced in width. The 100- foot buffer area shall be <br />deemed to achieve a 75 percent reduction of sediments and a 40 percent reduction <br />of nutrients. <br /> <br />(4) Permitted encroachments into the buffer area. <br /> <br />a. When the application of the buffer area would result in the loss of a <br />buildable area on a lot or parcel recorded prior to October 1, 1989, the <br />director of planning, after consulting with the city engineer, may allow <br />encroachments into the buffer in accordance with the following criteria: <br /> <br />1. Encroachments into the buffer areas shall be the minimum <br />necessary to achieve a reasonable buildable area for a principal <br />structure and necessary utilities; <br /> <br />2. Where practicable, a vegetated area equal to the area of <br />encroachment into the buffer area shall be established elsewhere <br />on the lot or parcel; and <br /> <br />3. The encroachment may not exceed into the seaward 50 feet of <br />the buffer area. <br /> <br />b. When the application of the buffer area would result in the loss of a <br />buildable area on a lot or parcel recorded between October 1, 1989, and <br />March 1, 2002, encroachments may be allowed through the exception <br />process described in section 9 .1-12( c) in accordance with the following <br />criteria: <br />
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