Ordinance 3676-19 - Laserfiche WebLink

all lots within a proposed subdivision, short subdivision, or binding site plan; or dedicated to a public agency which is willing to accept the tract for long-term management of the protected resource. H . Notice on Title.The owner of any property on which a development proposal is submitted shall file with the Snohomish County auditor a notice approved by the planning department, which shall provide notice in the public record of the presence of the critical area covenant or tract,the application of this chapter to the property, and that limitations on actions in or affecting such areas may exist.The applicant shall submit proof that the notice has been filed for record before the city may approve any 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. Section 27.Section 23 of Ordinance 2909-06, as amended, (Zoning Code,Critical Areas, EMC 19.37.230 -Appeals), is hereby repealed. Section 28.Section 26 of Ordinance 2909-06, as amended, (Zoning Code,Critical Areas, EMC 19.37.260), is hereby amended as follows: 19.37.260 Enforcement—Restoration plansViibtion-- s. • .. - . - ..-. - . , . • remedy or relief it deems appropriate. A. Any person,firm, corporation, or association or any agent thereof who violates any provision of-of this chapter shall be subject to the enforcement provisions of Chapter 1.20 and this title. -- - - B.G- Restoration of impacts required.Any : _ -, ••, _ _ _ •, - - -• - _-- property arising from such violation, including the cost ofunauthorized impacts on a critical area feature or buffer will require restoration of restoring the affected area to an equivalent or improved condition prior to the violation occurring.A restoration plan must be consistent with the requirements of this chapter and a Public Works permit may be required by the City. If an equivalent or improved condition cannot be provided, the violator shall be subject to a fine in an amount equal to the value of the damage to the portion of the critical area that cannot be restored, determined using best available methods of calculating the value of vegetation, land and water resources, including but not limited to the evaluation methods of the International Society of Arboriculture. In addition to the authority of the City's Violations Hearing Examiner to impose penalties pursuant to chapter 1.20 EMC,the Violations Hearing Examiner may impose the fine described in this section pursuant to the City's recommendation. C_.s— Restoration plans shall include, but not be limited to,the replacement of all improperly removed vegetationgros,�„d-cover-with species similar to those which were removed or other approved species such that the biological and habitat values will be replaced to an equivalent or improved condition, improper fill removed and slope stabilized. Studies by ache qualified experts shall be EMC Title 19.37 (Critical Areas) Page 60