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Exhibit B <br />ORDINANCE Exhibit A - Page 54 of 55 <br />1. Critical areas regulated by this chapter which have been illegally altered may be developed <br />in accordance with the requirements of this title; provided, that all critical areas which were <br />illegally altered shall be considered critical areas and shall be regulated in accordance with the <br />requirements of this chapter. Any proposal to develop on a lot which contains a critical area that <br />has been illegally altered shall be reviewed by the planning director using the review process <br />described in EMC Title 15, Local Project Review Procedures. <br />2. The planning director shall require restoration of the unauthorized area of alteration to a <br />condition which is equivalent or superior to its prior natural condition, to the extent that such <br />condition can be determined. As an alternative to restoration of the illegally altered critical area, <br />the planning director may allow for the recreation of wetlands, stream corridors, or habitat <br />areas of the same type which have been altered in a different location than that which has been <br />altered if the alternative location will result in a net improvement in functions or a higher quality <br />critical area than possible in the area which has been previously altered. <br />3. Any illegal alteration of a critical area that occurred prior to the effective date of the <br />ordinance codified in this chapter which is not proposed for development as allowed by this <br />chapter shall be restored as provided by this section. <br />19.37.260 ENFORCEMENT—RESTORATION PLANS. <br />A. Any person, firm, corporation, or association or any agent thereof who violates any provision of this <br />chapter shall be subject to the enforcement provisions of Chapter 1.20 EMC and this title. <br />B. Restoration of Impacts Required. Any unauthorized impacts on a critical area feature or buffer will <br />require restoration of the affected area to an equivalent or improved condition prior to the violation <br />occurring. A restoration plan must be consistent with the requirements of this chapter and a public <br />works permit may be required by the city. If an equivalent or improved condition cannot be provided, <br />the violator shall be subject to a fine in an amount equal to the value of the damage to the portion of <br />the critical area that cannot be restored, determined using best available methods of calculating the <br />value of vegetation, land and water resources, including but not limited to the evaluation methods of <br />the International Society of Arboriculture. In addition to the authority of the city’s code enforcement <br />officer to impose penalties pursuant to Chapter 1.20 EMC, the code enforcement officer may impose the <br />fine described in this section as applicable. <br />C. Restoration plans shall include, but not be limited to, the replacement of all improperly removed <br />vegetation with approved species such that the biological and habitat values will be replaced to an <br />equivalent or improved condition, improper fill removed and slope stabilized. Studies by a qualified <br />expert shall be submitted to determine the conditions which were likely to exist on the lot prior to the <br />illegal alteration. <br />D. Restoration shall also include installation and maintenance of interim and emergency erosion <br />control measures until such time as the restored ground cover and vegetation reach sufficient <br />maturation to function in compliance with the performance standards adopted by the city. <br />E. The city shall stop work on any existing permits and halt the issuance of any or all future permits or <br />approvals for any activity which violates the provisions of this chapter until the property is fully restored <br />in compliance with this chapter and all penalties are paid.