1. The provisions of this chapter shall apply to all lands, all land uses and development activity, and all structures and facilities in the city, whether or not a permit or authorization is required, and shall apply to every person, firm, partnership, corporation, group, governmental agency, or other entity that owns or leases land within the city of Monroe. No person, company, agency, or applicant shall alter a critical area or buffer except as consistent with the purpose and requirements of this chapter.

2. The city of Monroe shall not approve any development proposal or otherwise issue any authorization to alter the condition of any land, water, or vegetation, or to construct or alter any structure or improvement in, over, or on a critical area or associated buffer, without first assuring compliance with the requirements of this chapter.

3. Approval of a permit or development proposal pursuant to the provisions of this chapter does not discharge the obligation of the applicant to comply with the provisions of this chapter.

1. Development and activities occurring in all isolated Category IV wetlands less than four thousand square feet that:

Development and activities occurring in wetlands less than one thousand square feet that meet the above criteria and do not contain federally listed species or their critical habitat are exempt from the buffer provisions contained in this chapter.

2. Emergency activities that threaten public health, safety, welfare, or risk of damage to private property and that require remedial or preventative action in a time frame too short to allow for compliance with the requirements of this chapter.

Emergency actions that create an impact to a critical area or its buffer shall use reasonable methods to address the emergency; in addition, they must have the least possible impact to the critical area and/or its buffer. After the emergency, the person or agency undertaking the action shall fully restore and/or mitigate any impacts to the critical area and buffers resulting from the emergency action in accordance with the approved critical area report and mitigation plan.

3. Single-family residential building permits are exempt from the requirements of this chapter when the development proposal involves:

4. Utilities.

5. Activities and uses that do not require construction permits, in continuous existence since at least November 27, 1990, with no expansion of these activities within the critical area or associated buffer. For the purpose of this subsection, “continuous existence” includes cyclical operations normally associated with horticulture and agricultural activities.

1. Public Agency or Utility Exception. If the application if this chapter would prohibit a development proposal by a public agency or public utility that is essential to its ability to provide service, the agency or utility may apply for an exception pursuant to this section. After holding a public hearing pursuant to Chapter 22.84 MMC, Permit Processing, the hearing examiner may approve the exception if the hearing examiner finds that:

2. Reasonable Use Exception. If the application of this chapter would deny all reasonable use of the property, development may be allowed which is consistent with the general purpose of this chapter and the public interest; provided, that the hearing examiner, after a public hearing, finds to the extent consistent with the constitutional rights of the applicant:

3. Innovative Development Design. An applicant may request approval of an innovative design that addresses buffer treatment in a manner that deviates from the standards for wetland, stream, fish and wildlife habitat conservation area buffers contained in this chapter under the following circumstances:

1. Those activities and uses conducted pursuant to the Washington State Forest Practices Act and its rules and regulations, WAC 222-12-030, where state law specifically exempts local authority, except those developments requiring local approval for Class 4 – general forest practice permits (conversions) as defined in Chapter 76.09 RCW and Chapter 222-12 WAC.

2. Conservation or preservation of soil, water, vegetation, fish, shellfish, and/or other wildlife that does not entail changing the structure or functions of the existing wetland.

3. The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling of soil, planting of crops, chemical applications, or alteration of the wetland by changing existing topography, water conditions, or water sources.

4. Drilling for utilities/utility corridors under a wetland, with entrance/exit portals located completely outside of the wetland buffer; provided, that the drilling does not interrupt the groundwater connection to the wetland or percolation of surface water down through the soil column. Specific studies by a hydrologist are necessary to determine whether the groundwater connection to the wetland or percolation of surface water down through the soil column will be disturbed.

5. Enhancement of a wetland through the removal of nonnative invasive plant species. Removal of invasive plant species shall be restricted to hand removal unless permits from the appropriate regulatory agencies have been obtained for approved biological or chemical treatments. All removed plant material shall be taken away from the site and appropriately disposed of. Plants that appear on the Washington State Noxious Weed Control Board list of noxious weeds must be handled and disposed of according to a noxious weed control plan appropriate to that species. Revegetation with appropriate native species at natural densities is allowed in conjunction with removal of invasive plant species.

6. Educational and scientific research activities.

7. Normal and routine maintenance and repair of any existing public or private facilities within an existing right-of-way; provided, that the maintenance or repair does not expand the footprint of the facility or right-of-way.

8. Storm Water Management Facilities. A wetland or its buffer can be physically or hydrologically altered to meet the requirements of an LID, runoff treatment or flow control BMP if all of the following criteria are met:

9. Sites Subject to Development Agreement. Any proposed fill or alteration of a wetland on a site subject to a development agreement may be approved through a conditional use permit. In addition to the conditional use criteria in Chapter 22.64 MMC, Conditional Use Permits, the hearing examiner shall consider the following criteria:

1. A legally established nonconforming lot, use or structure shall be deemed a legal nonconforming lot, use or structure and may be continued, transferred or conveyed and/or used as if conforming.

2. The burden of establishing that any nonconforming lot, use or structure lawfully existed as of the effective date of the ordinance codified in this chapter shall, in all cases, rest with the owner and not with the city.

1. The use has changed;

2. The structure(s) in which the use is conducted has moved; or

3. The use is terminated or discontinued for more than two years, or the structure(s) which houses the use is vacated for more than two years. (Ord. 005/2019 § 10 (Exh. B))

1. Map of the project area at a one-to-twenty or larger scale including:

2. Written report detailing:

1. On the map:

2. In the report:

1. On the map:

2. In the report:

1. On the map:

2. In the report:

1. On the map:

2. In the report:

1. In the Report. An assessment of habitats including the following site and proposal related information:

1. Subdivisions.

2. Short subdivisions.

1. Temporary Markers. The outer perimeter of the wetland or buffer and the limits of those areas to be disturbed pursuant to an approved permit or authorization shall be marked in the field so no unauthorized intrusion will occur and is subject to inspection by the zoning administrator or their designee prior to the commencement of permitted activities. This temporary marking shall be maintained throughout construction and shall not be removed until directed by the zoning administrator, or until permanent signs and/or fencing, if required, are in place.

2. Permanent Marking and/or Fencing. Following the implementation of an approved development plan or alteration, the outer perimeter of the critical area or buffer that is not disturbed shall be permanently identified. This identification shall include permanent wood or metal signs on treated wood or metal posts. Signs shall be worded as follows:

Protection of this natural area is in your care.

Alteration or disturbance is prohibited. Please call the city of Monroe for more information.

The city shall approve sign locations during review of the development proposal. Along residential boundaries, the signs shall be at least four by six inches in size and spaced one per lot or every one hundred fifty feet for lots whose boundaries exceed one hundred fifty feet. At road endings, crossings, and other areas where public access to the critical area is allowed, the sign shall be a minimum of eighteen by twenty-four inches in size and spaced one every one hundred fifty feet.

Domestic grazing animals shall be excluded from stream, wetlands, and associated buffers by permanent fencing when necessary unless otherwise approved by the city.

The fencing may provide limited access to the stream or wetland for stock watering purposes, but shall minimize bank disturbance.

The city may require permanent fencing where there is a substantial likelihood of the presence of domestic grazing animals with the development proposal. The city shall also require such fencing when, subsequent to approval of the development proposal, domestic grazing animals are in fact introduced. The city may use any appropriate enforcement actions including, but not limited to, fines, abatement, or permit denial to ensure compliance.

1. Establishing vegetation transects or plots to track changes in plant species composition over time;

2. Using aerial or other photography to evaluate vegetation community response;

3. Sampling surface waters and groundwaters to determine pollutant loading;

4. Measuring base flow rates and storm water runoff to model and evaluate water quantity predictions;

5. Measuring sedimentation rates; and

6. Sampling fish and wildlife populations to determine habitat utilization, species abundance, and diversity.

1. In order to inform subsequent purchasers of real property of the existence of critical areas, the owner of any real property containing a critical area or buffer on which a development proposal is submitted shall file a notice with the recordings division of Snohomish County. The notice shall state the presence of the critical area or buffer on the property, of the application of this title to the property, and the fact that limitations on actions in or affecting the critical area or buffer may exist. The notice shall run with the property.

2. This notice on title shall not be required for a development proposal by a public agency or public or private utility:

3. The applicant shall submit proof that the notice has been filed for public record before the city of Monroe approves any development proposal for the property or, in the case of subdivisions and short subdivisions, at or before recording.

1. Land that is wholly within a critical area or associated buffer may not be subdivided.

2. Land that is partially within a critical area or associated buffer area may be subdivided; provided, that an accessible and contiguous portion of each new lot is:

3. Accessory roads and utilities serving the proposed subdivision may be permitted within the critical area and associated buffer only if the zoning administrator determines that no other feasible alternative exists and when consistent with this chapter.

1. An owner of property containing a critical area may be permitted to transfer the density attributed to the critical area to another, not containing a critical area(s) or its buffer, portion of the same site or property, subject to the limitations of this section.

2. Up to one hundred percent of the density that could be achieved on the critical area and buffer portion of the site can be transferred to a portion of the site not containing a critical area, subject to:

1. Category I Wetlands. Activities and uses shall be prohibited from Category I wetlands, except as provided in the public agency and utility exception, reasonable use exception, and variance provisions of this title.

2. Category II and III Wetlands. The following standards shall apply to Category II and III wetlands:

3. Category IV Wetlands. Activities and uses that result in unavoidable and necessary impacts may be permitted in Category IV wetlands and associated buffers in accordance with an approved critical areas report and mitigation plan, and only if the proposed activity is the only reasonable alternative that will accomplish the applicant’s objective.

4. Property Access. Any wetland may be altered with the least possible impact and to the minimum extent necessary to gain access to developable property when no other alternative access exists. Alteration proposals shall be subject to city review and shall require compensation pursuant to a mitigation plan (see MMC 22.80.080, Protection and mitigation measures).

5. Storm Water Management. Storm water management facilities are not allowed in wetlands. Storm water management facilities, limited to storm water dispersion outfall and bioswales, may be allowed within the outer twenty-five percent of the buffer of Category III and IV wetlands only; provided, that:

6. Trails. Public and private trails may be allowed within all buffers where it can be demonstrated in a critical areas report that the wetland and wetland buffer functions and values will not be degraded by trail construction or use. Trail planning, construction, and maintenance shall adhere to the following criteria:

7. Utilities. Public and private utility corridors may be allowed within wetland buffers for Category II, III, and IV wetlands when no lesser impacting alternative alignment is feasible, and wetland and wetland buffer functions and values will not be degraded. Utilities, whenever possible, shall be constructed in existing, improved roads, drivable surface or shoulder, subject to compliance with road and maintenance BMPs, or within an existing utility corridor. Otherwise, corridor alignment, construction, restoration and maintenance shall adhere to the following criteria:

1. For wetlands that score six points or more for habitat function, the buffers in Table 22.80.090(D)(1) can be used if both of the following criteria are met:

2. For wetlands that score three to five habitat points, only the measures in Table 22.80.090(D)(2) are required for the use of Table 22.80.090(D)(1).

3. If an applicant chooses not to apply the mitigation measures in Table 22.80.090(D)(2), or is unable to provide a protected corridor where available, then Table 22.80.090(D)(3) must be used.

4. The buffer widths in Tables 22.80.090(D)(1) and 22.80.090(D)(3) assume that the buffer is vegetated with a native plant community appropriate for the ecoregion. If the existing buffer is unvegetated, sparsely vegetated, or vegetated with invasive species that do not perform needed functions, the buffer should either be planted to create the appropriate plant community or the buffer should be widened to ensure that adequate functions of the buffer are provided.

1. Unclassified uses;

2. The wetland is in a critical drainage basin;

3. The wetland is a critical fish habitat for spawning or rearing as determined by the Washington Department of Fish and Wildlife;

4. The wetland serves an important groundwater recharge area as determined by a groundwater management plan;

5. The wetland acts as habitat for endangered, threatened, rare, sensitive, or monitor species;

6. The land adjacent to the wetland and its associated buffer and included in the development proposal is classified as an erosion hazard area; or

7. A trail or utility corridor in excess of ten percent of the buffer width is proposed for inclusion in the buffer.

1. The buffer area after averaging is no less than that which would be contained within the standard buffer; and

2. The buffer width shall not be reduced by more than twenty-five percent at any one point as a result of the buffer averaging.

1. Restoration/rehabilitation is required when a wetland (or stream) or its buffers have been altered on the site in violation of city regulations prior to development approval and as a consequence its functions and values have been degraded. Restoration is also required when the alteration occurs in violation of city regulations during the construction of an approved development proposal. At a minimum, all impacted areas shall be restored to their previous condition pursuant to an approved mitigation plan.

2. Restoration/rehabilitation is required when a wetland (or stream) or its buffers will be temporarily altered during the construction of an approved development proposal. At a minimum, all impacted areas shall be restored to their previous condition pursuant to an approved mitigation plan.

3. Compensation. The overall aim of compensation is no net loss of wetland and/or buffer functions on a development site. Compensation includes replacement or enhancement of wetlands and/or buffer (stream) depending on the scope of the approved alteration and what is needed to maintain or improve wetland and/or buffer functions. Compensation for approved wetland and/or buffer alterations shall meet the following minimum performance standards and shall occur pursuant to an approved mitigation plan.

4. Mitigation shall achieve equivalent or greater biological functions. Mitigation plans shall be consistent with the State Department of Ecology Wetland Mitigation in Washington State, Parts 1 and 2 (Publications No. 06-06-011a and b, 2006), as revised.

5. Decreased Replacement Ratios. The city may decrease the ratios required in subsection (G)(4)(b) of this section when all the following criteria are met:

6. Credit/Debit Method. To more fully protect functions and values, and as an alternative to the mitigation ratios found in the joint guidance “Wetland Mitigation in Washington State Parts I and II” (Ecology Publication Nos. 06-06-011a and b, Olympia, WA, March, 2006), the zoning administrator may allow mitigation based on the “credit/debit” method developed by the Department of Ecology in “Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington: Final Report” (Ecology Publication No. 10-06-011, Olympia, WA, March 2012), or as revised.

7. Wetland Enhancement as Mitigation.

8. Wetland Mitigation Banks. An alternative to on-site permittee-responsible mitigation involves use of wetland mitigation banks.

1. Type S and F Streams. Activities and uses shall be prohibited in Type S and F streams except as provided for in the public agency and utility exception, reasonable use exception, and variance provisions of this title (see MMC 22.80.050, Applicability, exemptions, exceptions, and allowed uses).

2. Type Np and Ns Streams. Activities and uses that result in unavoidable and necessary impacts may be permitted in Type Np and Ns streams and buffers in accordance with an approved critical areas report and mitigation plan, and only if the proposed activity is the only reasonable alternative that will accomplish the applicant’s objectives.

3. Stream Crossings. Stream crossings shall be minimized, but when necessary they shall conform to the following standards as well as other applicable laws (see the State Department of Fish and Wildlife, or Ecology):

4. Relocations. Type Np streams beyond one-quarter mile of a stream providing fish habitat and Type Ns streams may be relocated with appropriate floodplain protection measures under the following conditions:

5. Trails. The criteria for alignment, construction, and maintenance of trails within wetlands and their buffers shall apply to trails within stream buffers. The criteria for stream crossings shall also apply.

6. Utilities. The criteria for alignment, construction, and maintenance within the wetland buffers shall apply to utility corridors within stream buffers. In addition, corridors shall not be aligned parallel with any stream channel unless the corridor is outside the buffer, and crossings shall be minimized. Crossings shall be contained within the existing footprint of an existing road or utility crossing where possible. Otherwise, crossings shall be at an angle greater than sixty degrees to the centerline of the channel. The criteria for stream crossing shall also apply.

7. Floodway-Dependent Structures. Floodway-dependent structures or installations may be permitted within streams if allowed or approved by other ordinances or other agencies with jurisdiction.

8. Stream Channel Stabilization. Stream bank stabilization shall only be allowed when it is shown, through a stream bank stability assessment conducted by a qualified fluvial geomorphologist or hydraulic engineer, that such stabilization is required for public safety reasons, that no other less intrusive actions are possible, and that the stabilization will not degrade in-stream or downstream channel stability. Stream bank stabilization shall conform to the Integrated Streambank Protection Guidelines developed by the Washington State Department of Fish and Wildlife, 2002 or as revised.

1. The stream does not flow directly into a stream used by salmonids;

2. The stream is not in a critical drainage basin;

3. All buffer, building setback line, and floodplain distances are identified on the appropriate documents of title;

4. The stream channel and buffer are maintained as a vegetated open swale without altering the channel dimensions or alignment and are recorded in a drainage easement to the city of Monroe that requires that the channel remain open and vegetated for water quality and hydrologic purposes;

5. All clearing proposed within the stream and its buffer shall occur between April 1st and September 1st, or as further restricted by timing limits established by the State Department of Fish and Wildlife, and shall meet all erosion and sedimentation requirements of the city;

6. There are no downstream flooding or erosion problems within one-half mile of the site;

7. The stream is not within an erosion hazard area; and

8. No existing water wells are within or adjacent to the stream.

1. Type S streams shall have a buffer extending from the OHWM as required by the city of Monroe shoreline master program.

2. Type F streams shall have a two-hundred-foot buffer on each side of the channel.

3. Type Np streams, within one-quarter mile of a stream with salmonids, shall have a buffer of one hundred fifty feet on each side of the channel.

4. Type Np streams, beyond one-quarter mile of a stream with salmonids, shall have a buffer of seventy-five feet on each side of the channel.

5. Type Ns streams shall have a fifty-foot buffer on each side of the channel.

6. Unclassified streams shall be assigned a rating based on the critical areas report and field verification, and the appropriate buffer shall apply.

1. Unclassified uses;

2. The stream is in a critical drainage basin as designated by the city of Monroe;

3. The stream reach adjacent to the development proposal serves as critical fish habitat for spawning and rearing;

4. The stream serves as habitat for endangered, threatened, rare, sensitive, or monitor species listed by the federal government or the state of Washington;

5. The land adjacent to the stream and its associated buffer and included within the development proposal is classified as an erosion hazard area; or

6. A trail in excess of ten percent of the buffer width is proposed for inclusion in the buffer.

1. The applicant has demonstrated that mitigation sequencing efforts have been appropriately utilized: avoid, minimize, and lastly mitigate;

2. The proposed buffer reduction shall be accompanied by a mitigation plan that includes enhancement of the reduced buffer area;

3. The reduction will not adversely affect directly or indirectly the critical area and/or buffer in the short or long term;

4. The reduction will not adversely affect water quality;

5. The reduction will not destroy, damage or disrupt a significant habitat area; and

6. The reduction is necessary for reasonable development of the subject property.

1. Maintain or improve stream channel dimensions, including depth, length, and gradient;

2. Restore disturbed stream buffer areas with native vegetation;

3. Create an equivalent or improved channel bed;

4. Create equivalent or improved biofiltration; and

5. Replace disturbed stream and stream buffer habitat features and areas.

1. Baseline Information. Provide existing conditions information for both the impacted critical areas and the proposed mitigation site, as described in MMC 22.80.070(C), General Critical Area Report Requirements, and (E), Additional Stream Report Requirements.

2. Environmental Goals and Objectives. The mitigation plan shall include a written report identifying environmental goals and objectives of the compensation proposed and including:

3. Performance Standards. The mitigation plan shall include measurable specific criteria for evaluating whether or not the goals and objectives of the mitigation project have been successfully attained and whether or not the requirements of this chapter have been met. They may include water quality standards, species richness and diversity targets, habitat diversity indices, or other ecological, geological, or hydrological criteria.

4. Detailed Construction Plan. These are the written specifications and descriptions of mitigation technique. This plan should include the proposed construction sequencing, grading and excavation details, erosion and sedimentation control features, a native planting plan, and detailed site diagrams and any other drawings appropriate to show construction techniques or anticipated final outcome.

5. Monitoring and/or Evaluation Program. The mitigation plan shall include a program for monitoring construction of the compensation project, and for assessing a completed project. A protocol shall be included outlining the schedule for site monitoring, and how the monitoring data will be evaluated to determine if the performance standards are being met. A monitoring report shall be submitted as needed to document milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall be monitored for five years or a period necessary to establish that performance standards have been met.

6. Contingency Plan. This section identifies potential courses of action, and any corrective measures to be taken when monitoring or evaluation indicates projected performance standards have not been met.

1. Establishment of buffer zones;

2. Preservation of critically important vegetation;

3. Limitation of access to the habitat area, including fencing to deter unauthorized access;

4. Seasonal restrictions of construction activities;

5. Establishment of a duration and timetable for periodic review of mitigation activities; and

6. Requirement of a performance bond, when necessary, to ensure completion.

1. Buffer areas shall be established for areas of activity in, or adjacent to, habitat conservation areas when needed to protect such areas. Buffers shall consist of an undisturbed area of native vegetation, or areas identified for restoration, established to protect the integrity, function and values of the affected habitat. Required buffer widths shall reflect the sensitivity of the habitat and type and intensity of human activity proposed to be conducted nearby, and shall be consistent with the management recommendations issued by the State Department of Fish and Wildlife.

2. When a species is more susceptible to adverse impacts during specific periods of the year, seasonal restrictions may apply. Larger buffers may be required and activities may be further restricted during the seasonal period.

1. No development shall be allowed within a habitat conservation area or any associated buffer with which state or federally endangered, threatened, or sensitive species have a primary association.

2. Whenever activities are proposed adjacent to a habitat conservation area with which state or federally endangered, threatened, or sensitive species have a primary association, such areas shall be protected through the application of protection measures in accordance with a critical areas report prepared by a qualified professional and approved by the city. Approval of alteration of land adjacent to the habitat conservation area or any associated buffer shall not occur prior to consultation with the State Department of Fish and Wildlife and the appropriate federal agency, if applicable.

3. Bald eagle habitat shall be protected pursuant to the Washington State Bald Eagle Protection Rules (WAC 232-12-292).

1. Activities, uses, and alterations proposed to be located in water bodies used by anadromous fish or in areas that affect such water bodies shall give special consideration to the preservation and enhancement of anadromous fish habitat, including, but not limited to, the following:

2. Structures that prevent the migration of salmonids shall not be allowed in the portion of water bodies currently or historically used by anadromous fish. Fish bypass facilities shall be provided that allow the upstream migration of adult fish and shall prevent juveniles migrating downstream from being trapped or harmed.

3. Fills, when authorized, shall minimize the adverse impacts to anadromous fish and their habitat, shall mitigate any unavoidable impacts, and shall only be allowed for water-dependent uses. (Ord. 005/2019 § 10 (Exh. B))

1. Erosion hazard;

2. Landslide hazard;

3. Seismic hazard; and

4. Other geological events including tsunami, mass wasting, debris flows, rock falls, and differential settlement.

1. Erosion Hazard Areas. Erosion hazard areas are at least those areas identified by the U.S. Department of Agriculture’s Natural Resources Conservation Service as having “severe” or “very severe” rill and inter-rill erosion hazard.

2. Landslide Hazard Areas. Landslide hazard areas are areas potentially subject to landslides based on a combination of geologic, topographic, and hydrologic factors. They include areas susceptible because of any combination of bedrock, soil, slope (gradient), slope aspect, structure, hydrology, or other factors. Examples of these may include, but are not limited to, the following:

3. Seismic Hazard Areas. Seismic hazard areas are subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement, soil liquefaction, lateral spreading, or surface failure. The strength of ground shaking is primarily affected by:

1. The approximate location and extent of geologically hazardous areas are shown on the adopted critical areas maps. The adopted critical areas maps include:

2. These maps are to be used as a guide for the city of Monroe, project applicants, and/or property owners, and may be continuously updated as new critical areas are identified. They are a reference and do not provide a final critical area designation.

1. Erosion and Landslide Hazard Areas. Except as otherwise provided for in this chapter, only those activities approved and permitted consistent with an approved critical areas report in accordance with this chapter shall be allowed.

2. Seismic Hazard Areas. The following activities are allowed within seismic hazard areas:

3. Other Hazard Areas. The following activities areas are allowed within other geological hazard areas:

1. Alterations of geologically hazardous areas or associated buffers may only occur for activities that:

1. Erosion and Landslide Hazard Areas. Activities on sites containing erosion or landslide hazards shall meet the following requirements:

1. The proposed development shall not decrease the factor of safety for landslide occurrences below the limits of one and one-half for static conditions and one and two-tenths for dynamic conditions. Analysis of dynamic conditions shall be based on a minimum horizontal acceleration as established by the current version of the International Building Code;

2. Structures and improvements shall be clustered to avoid geologically hazardous areas and other critical areas;

3. Structures and improvements shall minimize alterations to the natural contours of the slope and foundations shall be tiered where possible to conform to existing topography;

4. Structures and improvements shall be located to preserve the most critical portion of the site and its natural landforms and vegetation;

5. The proposed development shall not result in greater risk or a need for increased buffers on neighboring properties;

6. The use of retaining walls that allow the maintenance of existing natural slopes is preferred over graded artificial slopes; and

7. Development shall be designed to minimize impervious lot coverage.

1. Conveyance via continuous storm pipe downslope to a point where there are no erosion hazard areas downstream from the discharge; and

2. Access roads and utilities may be permitted within the erosion or landslide hazard area and associated buffers if the city determines that no other feasible alternative exists.