27.12.730 Requirements for buffer averaging.
Buffer averaging requests shall demonstrate consistency with CCC 27.12.725, and the following provisions of this section to the satisfaction of the Administrator:
(1) Determine whether the reduced buffer:
(a) Acts as a biofilter that protects water quality of the wetland, aquatic habitat conservation area, and/or any interconnected surface and ground water resources.
(b) Moderates wetland and aquatic habitat conservation area water level fluctuations.
(c) Contributes woody debris and other nutrient inputs to wetlands, aquatic habitat conservation area, and/or interconnected surface water features.
(d) Limits visual, auditory, and direct intrusion between critical areas and developed environments.
(e) Provides important wildlife habitat components for species dependent or associated with wetland, marine, and riverine environments.
(f) Allows for the natural movement of a stream within its floodplain or channel migration zone.
(g) Separates development from potential flooding impacts.
(2) Alterations are, to the extent practicable, placed on existing road grades, utility corridors, or other developed lands.
(3) The modified buffer maintains, increases, and/or enhances the protection of native plant communities.
(4) The modified buffer maintains, increases, and/or enhances the protection of significant habitat features classified pursuant to Parts Two and Three of this chapter.
(5) The modified buffer retains, increases, and/or enhances the protection of significant wildlife movement corridors classified pursuant to Part Three of this chapter.
(6) Low intensity land uses are located adjacent to the buffer within the jurisdiction. Low intensity land uses are associated with low levels of human disturbance or low habitat impacts, including, but not limited to, passive recreation, open space, or agriculture or forest management land uses. For residential uses, low intensity land use means densities equal to or less than one unit per five (5) acres.
(7) Reduction of the modified buffer does not increase the amount of impervious surfaces within the watershed of wetlands classified as wetland hydrology type(s) 1, 2, 3, 7, and 9 pursuant to Part Two of this chapter.
(8) The modified buffer maintains, increases, and/or enhances the protection of erosion and landslide hazard areas adjacent to the critical area.
(9) The development is designed to separate and screen impacts such as noise, glare, vegetation trampling, etc. of adjacent land uses from the critical area. The site design shall consider the varying degrees of impacts of different land uses. For example, parking lots, store entrances, and roads generally have higher noise and glare impacts than the rear of the store. Site screening should take advantage of natural topography or existing vegetation, wherever possible. Where natural screening is not available, berms, landscaping, and structural screens should be implemented (e.g., orient buildings to screen parking lots and store entrances from critical area). Landscaping shall be consistent with Chapter 33.53 CCC.
(10) The buffer dimension is not reduced more than twenty-five (25) percent at any point.