Ordinance 3676-19 - Laserfiche WebLink

development proposal on the site.The notice shall run with the land, and failure to provide such notice to any purchaser prior to transferring any interest in the property is a violation of this chapter. 19.37.230 Appeals. Any decision made by the city pursuant to this chapter shall be subject to the appeals provisions as set 19.37.200240 Assurance devices. The city shall require performance or maintenance assurance devices in accordance with Chapter 19.40 of this title to ensure compliance with this chapter and adequate protection and maintenance of critical areas. 19.37.210259 Previously altered critical areas. It is the goal of this chapter to restore and enhance the condition of critical areas which have been previously altered. Properties containing critical areas which have been previously altered may be developed in accordance with all requirements of this chapter and this title of the code. A. Legal Alterations. Critical areas regulated by this chapter which previously have been legally altered in accordance with all local,state and federal regulations in effect at the time of alteration may be developed in accordance with the requirements of this chapter.Any prior alteration which was legally commenced that resulted in a critical area which is regulated by this chapter being reclassified as buildable shall be evaluated using the review process described in EMC Title 15, Local Project Review Procedures.The planning director may approve any development proposal which meets all other requirements of this title,or modify such proposal based upon the impacts that the proposal would have on any remaining area classified by this chapter as a critical area.The planning director shall use all authority granted by this chapter, SEPA, or other legal mechanism to require enhancement of the previously altered critical area to the condition which would be required by this chapter for new development,to the maximum extent feasible. B. Unauthorized Alterations. 1. Critical areas regulated by this chapter which have been illegally altered may be developed in accordance with the requirements of this title; provided,that all critical areas which were illegally altered shall be considered critical areas and shall be regulated in accordance with the requirements of this chapter.Any proposal to develop on a lot which contains a critical area that has been illegally altered shall be reviewed by the planning director using the review process described in EMC Title 15, Local Project Review Procedures. 2. The planning director shall require restoration of the unauthorized area of alteration to a condition which is equivalent or superior to its prior natural condition,to the extent that such condition can be determined. As an alternative to restoration of the illegally altered critical area,the planning director may allow for the recreation of wetlands,stream corridors, or habitat areas of the same type which have been altered in a different location than that which has been altered if the alternative location will result in a net improvement in functions or a higher quality critical area than possible in the area which has been previously altered. 3. Any illegal alteration of a critical area that occurred prior to the effective date of the ordinance codified in this chapter which is not proposed for development as allowed by this chapter shall be restored as provided by this section. Planning Commission Resolution 19-04 Page 68 Critical Areas March 19, 2019