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Exhibit B <br />ORDINANCE Exhibit A - Page 25 of 66 <br />C. 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 />19.37.180 UNAUTHORIZED CRITICAL AREA ALTERATIONS <br /> A. Unauthorized Alterations. <br />1. Critical areas and associated buffers regulated by this chapter which have been illegally <br />altered may be developed in accordance with the requirements of this title; provided, that all <br />critical areas and buffers which were illegally altered shall be considered critical areas and <br />buffers and shall be regulated in accordance with the requirements of this chapter. Any <br />proposal to develop on a lot which contains a critical area or buffer that has been illegally <br />altered shall be reviewed by the planning director using the review process described in EMC <br />Title 15, Local Project Review Procedures. <br />2. . Any illegal alteration of a critical area or buffer which is not proposed for development as <br />allowed by this chapter shall be restored to a condition which is equivalent or superior to its <br />prior natural condition to the extent that such condition can be determined. <br />3. Legal alterations are those alterations to critical areas and buffers that were in conducted in <br />accordance with all local, state, and federal regulations in effect at the time of the alteration. <br />19.37.190 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 />professional shall be submitted to determine the conditions which were likely to exist on the lot prior to <br />the illegal alteration.