The town may extend the width of the buffer on the basis of site-specific analysis when necessary to achieve the goals of this chapter.

B. The standard buffer width will be established unless the applicant can demonstrate one or both of the following:

1. The proposed uses and/or activities are considered low impact if the proponent can demonstrate that the proposed buffer reduction will have no significant impact on the function or value of the environmentally sensitive area and meet the following conditions:

a. The site layout includes no parking, outdoor storage, or use of any kind of machinery between building and buffer;

b. The proposed use does not involve usage or storage of chemicals;

c. Passive areas are located adjacent to buffer; and

d. Environmentally sensitive area and buffer protections are incorporated into the site design. These may include use of landscaping features, berms, fences, water quality protections and other measures which preserve the character and function of the environmentally sensitive area.

2. Buffer enhancement is implemented through the review and adoption of an approved buffer enhancement plan ("BEP"). The buffer enhancement plan should include, but is not limited to the following:

a. Enhancement of fish and wildlife habitat by incorporating structures that are likely to be used by fish and wildlife, including wood duck houses, bat boxes, nesting platforms, snags, rootwads/stumps, birdhouses and/or heron nesting areas;

b. Planting native vegetation that would increase value for fish and fish and wildlife habitat, improve water quality, or provide aesthetic/recreational value; and/or

c. Provision of physical barriers, berms, fences or landscape features which protect wetland character and function, exclude domestic animals, and/or increase habitat protections.

C. Wetland buffer widths may be modified by averaging buffer widths as set forth herein.

1. Buffer width averaging shall be allowed only where the applicant demonstrates to the town that the wetland contains variations in sensitivity due to existing physical characteristics, that lower intensity land uses would be located adjacent to areas where buffer width is reduced, that width averaging will not adversely impact the wetland functional values, and that the total area contained within the buffer after averaging is no less than that contained within the standard buffer prior to averaging. Buffer averaging shall not result in buffer width being reduced, at any location, by more than twenty-five percent of the required buffer as set forth in the table in subsection A of this section and in no case may the buffer be less than twenty-five feet in width.

2. A buffer enhancement plan (BEP) may be required, if buffer averaging is proposed.

D. Low impact uses and activities which are consistent with the purpose and function of the wetland buffer and do not detract from its integrity may be permitted within the buffer depending on the sensitivity of the wetland. Examples of uses and activities which may be permitted in appropriate cases include properly constructed, semi-pervious trails, viewing platforms, and utility easements; provided, that any impacts to the buffer resulting from such permitted activities shall be mitigated. Uses permitted within the buffer shall be located as far from the wetland as possible.

E. Stormwater management facilities, such as grass-lined swales, may not be located within the minimum buffer area as set forth in the table in subsection A of this section, however they may be located within the standard buffer area. Treated stormwater discharge may be permitted consistent with an approved stormwater management plan.

F. The town may extend the width of the buffer on the basis of site-specific analysis when necessary to comply with a basin plan adopted by the town in accordance with county or regional plans to preserve endangered or threatened species.

G. When a development permit is required, a regulated wetland and its associated buffer shall either be placed in a separate tract on which development is prohibited, protected by execution of an easement, dedicated to a conservation organization or land trust, or similarly preserved through a permanent protective mechanism acceptable to the town. In this case, the location and limitations associated with the environmentally sensitive area and its buffer shall be shown on the face of the deed or plat applicable to the property and shall be recorded with the Snohomish County department of records.

H. Wetlands and their buffers shall be permanently marked by green metal fence posts in a manner acceptable to the town with two inch by two foot rebar buried beside each post. The number of post/rebar markers shall be sufficient to indicate the boundary of the buffer and the minimum shall be two. The approximate location of the posts based on measurements shall be shown on a site plan which shall be recorded with the Snohomish County department of records. It shall be the responsibility of the property owner to maintain, and if necessary reestablish these permanent markers. (Ord. 00-387 §1(part), 2000)