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Exhibit B <br />ORDINANCE Exhibit A - Page 53 of 55 <br />2. Utility and road projects on private easements where the proponent does not own the land. <br />3. Any development within the special flood hazard area will require a notice on title that the <br />property contains land within the riparian habitat zone and/or special flood hazard area. <br />G. Critical Area Tracts. The city may require that any area classified as a critical area and its buffer be <br />placed in a separate tract, rather than included in the protective covenant. A tract shall be required <br />when the proposal includes a short subdivision or binding site plan. Such a tract shall remain in the same <br />ownership as the parcel it was segregated from; placed into undivided common ownership of all lots <br />within a proposed subdivision, short subdivision, or binding site plan; or dedicated to a public agency <br />which is willing to accept the tract for long-term management of the protected resource. <br />H. Notice on Title. The owner of any property on which a development proposal is submitted shall file <br />with the Snohomish County auditor a notice approved by the planning department, which shall provide <br />notice in the public record of the presence of the critical area covenant or tract, the application of this <br />chapter to the property, and that limitations on actions in or affecting such areas may exist. The <br />applicant shall submit proof that the notice has been filed for record before the city may approve any <br />development proposal on the site. The notice shall run with the land, and failure to provide such notice <br />to any purchaser prior to transferring any interest in the property is a violation of this chapter. <br />19.37.230 APPEALS. <br />Repealed by Ord. 3676-19. <br />19.37.240 ASSURANCE DEVICES. <br />The city shall require performance or maintenance assurance devices in accordance with Chapter 19.40 <br />to ensure compliance with this chapter and adequate protection and maintenance of critical areas. <br />19.37.250 PREVIOUSLY ALTERED CRITICAL AREAS. <br />It is the goal of this chapter to restore and enhance the condition of critical areas which have been <br />previously altered. Properties containing critical areas which have been previously altered may be <br />developed in accordance with all requirements of this chapter and this title of the code. <br />A. Legal Alterations. Critical areas regulated by this chapter which previously have been legally altered <br />in accordance with all local, state and federal regulations in effect at the time of alteration may be <br />developed in accordance with the requirements of this chapter. Any prior alteration which was legally <br />commenced that resulted in a critical area which is regulated by this chapter being reclassified as <br />buildable shall be evaluated using the review process described in EMC Title 15, Local Project Review <br />Procedures. The planning director may approve any development proposal which meets all other <br />requirements of this title, or modify such proposal based upon the impacts that the proposal would <br />have on any remaining area classified by this chapter as a critical area. The planning director shall use all <br />authority granted by this chapter, SEPA, or other legal mechanism to require enhancement of the <br />previously altered critical area to the condition which would be required by this chapter for new <br />development, to the maximum extent feasible. <br />B. Unauthorized Alterations.