1. There is no feasible alternative location for an access road and/or utilities to the site; and

2. The applicant demonstrates that all adverse impacts to wetlands will be mitigated according to a mitigation plan which complies with LMC 14.162.100.

1. One well and necessary appurtenances, including a pump and appropriately sized pump house, but not including a water storage tank (unless the water storage tank can be contained within the pump house), may be allowed on each site in a buffer if all the following conditions are met:

2. Pervious walkways and trails and associated viewing platforms; provided, that those pathways are limited to minor crossings having no adverse impact on water quality. They should be generally parallel to the perimeter of the wetland, located only in the outer 25 percent of the wetland buffer area and located to avoid removal of significant trees. They should be limited to pervious surfaces no more than five feet in width for pedestrian use only. Raised boardwalks utilizing nontreated pilings may be acceptable. In the case of Category I wetlands the minimum distance from the wetland edge is no less than 50 percent of the buffer width established in the table in LMC 14.162.080(A).

3. The placement of utility lines which do not require excavation, or utility poles, in any part of a buffer for a Category II, III, or IV wetland. They may be placed in a buffer for a Category I wetland; provided, that the minimum distance from the wetland edge is no less than 50 percent of the Category I buffer width established in the table in LMC 14.162.080(A).

4. Activities within that area of a buffer in which a direct line to the wetland is obstructed by an existing substantial improvement such as an improved road or a permanent structure, the presence of which significantly reduces the likely impact of the proposed activity on the wetland.

1. No reasonable use with less impact on the wetland is possible; and

2. There is no feasible on-site alternative to the proposed activities, including phasing of project implementation, change in timing of activities, revision of road and lot layout, and/or related site planning and density considerations, that would allow a reasonable economic use with less adverse impacts to wetlands; and

3. The proposed activities will result in minimum feasible alteration or impairment to the wetland’s functional characteristics and existing contours, vegetation, fish and wildlife resources, and hydrological conditions; and

4. The disturbance of wetlands has been minimized by locating any necessary activities outside the wetland to the extent possible; and

5. The proposed activities will not jeopardize the continued existence of species listed by the federal government or the state as endangered, threatened, sensitive, or documented priority species or priority habitats; and

6. The proposed activities will not cause significant degradation of ground water or surface water quality; and

7. The proposed activities comply with all state, local and federal laws, including, but not limited to, those related to sediment control, pollution control, floodplain restrictions, and on-site wastewater disposal; and

8. Any and all regulated activities in wetlands and buffers will be mitigated according to LMC 14.162.100. The Examiner may require the preparation of a formal mitigation plan; and

9. There will be no damage to nearby public or private property and no threat to the health or safety of people on or off the property; and

10. The inability to derive reasonable economic use of the property is not the result of actions by the applicant in segregating or dividing the property and creating the undevelopable condition after the effective date of this chapter.