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Exhibit B <br />ORDINANCE Exhibit A - Page 28 of 55 <br />8. The improvements are certified as safe as designed and under anticipated conditions by a <br />geologist. <br />D. Additional Requirements. As part of any approval of development on or adjacent to geologically <br />hazardous areas or within the setback buffers required by subsection B of this section: <br />1. The city shall require: <br />a. Geologically hazardous areas not approved for alteration and their buffers shall be <br />placed in a critical area protective covenant or tract as required by EMC 19.37.220; <br />b. Any geologically hazardous area or required setback buffer that is allowed to be <br />altered subject to the provisions of this chapter shall be subject to a covenant of <br />notification and indemnification/hold harmless agreement in a form acceptable to the <br />city attorney. Such document shall identify any limitations placed on the approved <br />alterations. <br />2. The city may require: <br />a. The presence of a geologist on the site to supervise during clearing, grading, filling <br />and construction activities which may affect geologically hazardous areas, and provide <br />the city with certification that the construction is in compliance with his/her <br />recommendations and has met with his/her approval, and other relevant information <br />concerning the geologically hazardous conditions of the site; <br />b. Vegetation and other soil-stabilizing structures or materials be retained or provided; <br />c. Long-term maintenance of slopes and on-site drainage systems. <br />E. Prohibited Alterations. Modification of geologically hazardous areas shall be prohibited under the <br />following circumstances: <br />1. Where geologically hazardous slopes are located in a stream, wetland, and/or a fish and <br />wildlife habitat conservation area or their required buffers, alteration of the slopes is not <br />permitted, except as allowed under EMC 19.37.050. The required buffer for such slopes shall be <br />determined through the site-specific geological assessment, but in no case shall be less than <br />twenty-five feet from the top of slopes of twenty-five percent and greater. <br />2. Any proposed alteration that would result in the creation of or which would increase or <br />exacerbate existing geological hazards, or which would result in substantial unmitigated <br />geological hazards either on site or off site, shall be prohibited. <br />F. Geological Assessment. A geological assessment is a site investigation process to evaluate the on-site <br />geology affecting a subject property and contiguous properties and the extent to which geological <br />factors may be impacted by the proposed development activity. <br />1. Geological assessments shall be submitted to the department for review and approval as <br />part of the integrated permit review process described in EMC Title 15, Local Project Review <br />Procedures. The department shall review the geological assessment and either: