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Ordinance 2909-06
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Ordinance 2909-06
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Ordinances
Ordinance Number
2909-06
Date
4/12/2006
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the site. The notice shall run with the land, and failure to provide such notice to any <br />purchaser prior to transferring any interest in the property is a violation of this chapter. <br />(This section shall be codified as EMC 19.37.220.) <br />Section 23: Appeals. <br />Any decision made by the city pursuant to this chapter shall be subject to the appeals provisions <br />as set forth in Title 15, Local Project Review Procedures. <br />(This section shall be codified as EMC 19.37.230.) <br />Section 24: Assurance devices. <br />The city shall require performance or maintenance assurance devices in accordance with Chapter <br />19.40 of this title to ensure compliance with this chapter and adequate protection and <br />maintenance of critical areas. <br />(This section shall be codified as EMC 19.37.240.) <br />Section 25: Previously altered critical areas. <br />It is the goal of this chapter to restore and enhance the condition of critical areas which have <br />been previously altered. Properties containing critical areas which have been previously altered <br />may be 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 <br />legally altered in accordance with all local, state and federal regulations in effect at the <br />time of alteration may be developed in accordance with the requirements of this chapter. <br />Any prior alteration which was legally commenced that resulted in an critical area which is <br />regulated by this chapter being reclassified as buildable shall be evaluated using the review <br />process described in Title 15, Local Project Review Procedures. The planning director may <br />approve any development proposal which meets all other requirements of this title, or <br />modify such proposal based upon the impacts that the proposal would have on any <br />remaining area classified by this chapter as a critical area. The planning director shall use <br />all authority granted by this chapter, SEPA, or other legal mechanism to require <br />enhancement of the previously altered critical area to the condition which would be <br />required by this chapter for new development, to the maximum extent feasible. <br />B. Unauthorized Alterations. <br />1. Critical areas regulated by this chapter which have been illegally altered may be <br />developed in accordance with the requirements of this title; provided, that all critical <br />areas which were illegally altered shall be considered critical areas and shall be <br />regulated in accordance with the requirements of this chapter. Any proposal to develop <br />on a lot which contains a critical area that has been illegally altered shall be reviewed by <br />the planning director using the review process described in Title 15, Local Project <br />Review Procedures. <br />56 <br />
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