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application of this Ordinance' to the property, and that <br /> limitations on actions in or affecting such areas may exist. The <br /> applicant shall submit proof that the notice has been filed for <br /> record before the City may approve any development proposal on <br /> the site. The notice shall run with the land and failure to <br /> provide such notice to any purchaser prior to transferring any <br /> interest in the property shall be a violation of this Ordinance. <br /> Section 21: Appeals. Any decision made by the City pursuant to <br /> this Ordinance shall be subject to the Appeals provisions of Section <br /> 19.41.180 of the Everett Municipal Code. <br /> Section 22: Assurance Devices. The City shall require performance <br /> or maintenance assurance devices in accordance with Chapter 19.40 of <br /> the Everett Municipal Code to assure compliance with this Ordinance <br /> and adequate protection and maintenance of environmentally sensitive <br /> areas. <br /> Section 23: Previously Altered Environmentally Sensitive Areas. It <br /> is the goal of this Ordinance to restore and enhance the condition <br /> of environmentally sensitive areas which have been previously <br /> altered. Properties containing environmentally sensitive areas <br /> which have been previously altered may be developed in accordance <br /> with all requirements of this Ordinance and Title 19 of the Everett <br /> Municipal Code. <br /> A. Legal Alterations. Environmentally sensitive areas regulated by <br /> this Ordinance which previously have been legally altered in <br /> accordance with all local , State and Federal regulations in <br /> effect at the time of alteration may be developed in accordance <br /> with the requirements of this Ordinance. Any prior alteration <br /> which was legally commenced that resulted in an environmentally <br /> sensitive area which is regulated by this Ordinance being <br /> reclassified as buildable shall be evaluated using Review Process <br /> II.A. The Planning Director may approve any development <br /> proposal which meets all other requirements of Title 19 of the <br /> Everett Municipal Code, or modify such proposal based upon the <br /> impacts that the proposal would have on any remaining area <br /> classified by this Ordinance as environmentally sensitive. The <br /> Planning Director shall use all authority granted by this <br /> Ordinance, SEPA, or other legal mechanism to require enhancement <br /> of the previously altered environmentally sensitive area to the <br /> condition which would be required by this Ordinance for new <br /> development, to the maximum extent feasible. <br /> B. Unauthorized Alterations. <br /> 1. Environmentally sensitive areas regulated by this Ordinance <br /> which have been illegally altered may be developed in <br /> accordance with the requirements of Title 19 of the Everett <br /> Municipal Code, provided that all environmentally sensitive <br /> areas which were illegally altered shall be considered <br /> environmentally sensitive areas and shall be regulated in <br /> accordance with the requirements of this Ordinance. Any <br /> proposal to develop on a lot which contains an <br /> environmentally sensitive area that has been illegally <br /> altered shall be reviewed by the Planning Director using <br /> Review Process II.A. <br /> 3t <br />