Ordinance No._____- 2012 AN ORDINANCE ... - San Juan County

Page 37 of 56
Ord. ____-2012
Step 5. Averaging of Tree Protection Zone. Averaging of the tree protection zoneTree Protection Zone
allows reduction of the zone in specified locations on the property proposed for development, vegetation
removal or other modification, in conjunction with increases of the zone in other areas, so that the total
area of the zone is unchanged. Averaging of the required tree protection zoneTree Protection Zone will
be allowed only if the applicant demonstrates that all of the following criteria are met:
a. Averaging is necessary to accomplish the purposes of the proposal, and no reasonable alternative
is available;
b. Averaging width will not adversely affect the functions and values of the FWHCA;
c. The total area contained within the tree protection zoneTree Protection Zone after averaging is no
less than that contained within the standard zone prior to averaging;
d. Only area within 200 feet of the OHWM or bank full width will be counted toward the required
area of the tree protection zoneTree Protection Zone; and
e. In no instance shall the tree protection zoneTree Protection Zone be reduced to less than the water
quality- sensitivity buffer or 70 feet, whichever is greater;
Step 6. Determine the greater of the three components. Compare the size of the tree protection
zoneTree Protection Zone, water quality-sensitivity buffer, and if required, the coastal geologic buffer.
The area that must be protected is the greater of the three components. (Note: For larger parcels, the area
that must be protected may be larger in one area than in others. For example, if a portion of the lot has
trees and a portion does not, the tree protection zoneTree Protection Zone only applies to the area with
trees). Also see SJCC 18.50.330.
Step 7. Buffers, Tree Protection Zones, and Existing Development. Where structures or impervious
surfacesareas, legally established prior to the effective date of these regulations, encroach into a required
buffer or tree protection zoneTree Protection Zone, the buffer or zone shall be modified to exclude the
footprint of those structures and impervious areas. Buffers and tree protection zoneTree Protection Zones
shall not extend across public roads. For private roads, buffers and tree protection zoneTree Protection
Zones shall not extend across the road when the road design, flow of runoff, quantity of traffic, and/or
gap in tree canopy result in an area that does not support functions and values of the FWHCA to be
protected, as determined by a qualified professional. Structures, roads and impervious areas may be
modified, replaced, relocated, or expanded within the development area existing on the effective date of
these regulations, in conformance with the procedures and requirements of SJCC 18.30.110.G.
2. Structures, Uses and Activities Allowed and Prohibited in Streams, Marine Waters, Lakes, and
Ponds Designated as FWHCAs, and their Buffers and Tree Protection Zones.
In order to protect their functions and values, development activities, removal of vegetation and other
modifications are limited or prohibited within aquatic FWHCAs and their buffers and tree protection
zoneTree Protection Zones.
Tree protection zones are divided into two sections: Zone 1 consists of the first 35 feet adjacent to the
water, beginning at the OHWM, or for streams, the bank full width. Zone 2 is the remainder of the tree
protection zoneTree Protection Zone. Within Zone 1 all trees must be retained. Within Zone 2
construction of one primary structure, and/or limited tree removal to allow for a filtered view from the
primary structure is allowed in conformance with all of the following:
a. The structure, impervious areas, and areas where soils will be compacted or where the organic soil
horizon will be removed, are located landward of the water quality- sensitivity buffer;
b. Appropriate BMPs are used to minimize erosion, sedimentation, and soil disturbance;
c. No more than 40% of the volume of trees over 6 inches dbh are removed in any 10 year period;
d. Stocking levels for trees ≥ six inches dbh will be at least the following:
i. Softwood stands (>66% softwood volume): 80. basal area per acre (approximately equivalent to
Comment [SH4]: Consider removing the
allowance for a structure in Zone 2 of the Tree
Protection Zone because it is not well supported by
the BAS.
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