Chapter 14.10
GENERAL PROVISIONS

Sections:

14.10.010    Authority.

14.10.020    Purpose.

14.10.030    Interpretation.

14.10.040    Applicability.

14.10.050    Administration.

14.10.060    Relationship to other regulations.

14.10.070    Critical area protective measures.

14.10.080    Critical areas reports.

14.10.090    Mitigation plans.

14.10.100    Variances to critical areas.

14.10.110    Reconsideration and appeal procedures.

14.10.120    Fees.

14.10.130    Compliance.

14.10.140    Warning and disclaimer of liability.

14.10.150    Appendix.

14.10.010 Authority.

A. This title is established and adopted pursuant to the Growth Management Act (RCW 36.70A.060).

B. As provided herein, the director or their designee is given the authority to interpret and apply, and the responsibility to enforce, this title. (Ord. 17-513 § 3 (Exh. A)).

14.10.020 Purpose.

A. The purpose of this title is to protect the critical areas of Edgewood from the impacts of development by establishing minimum standards for development activity on sites that contain or adjoin any critical area or its buffer(s). Further, the purpose of these regulations is to mitigate the potential hazard(s) to development in and near critical areas.

B. The purpose is further envisioned to promote the public health, safety, and welfare by:

1. Avoiding impacts to critical areas;

2. Mitigating unavoidable impacts of regulated activities;

3. Protecting critical areas from impacts of development;

4. Protecting the public against losses from:

a. Costs of public emergency rescue and relief operations where the causes are avoidable; and

b. Degradation of the natural environment and the expense associated with repair or replacement;

5. Preventing adverse impacts on water availability, water quality, wetlands, and streams;

6. Protecting unique, fragile, and valuable elements of the environment, including critical fish and wildlife habitat conservation areas;

7. Providing community development department (department) staff with sufficient information to adequately protect critical areas and proposed development activity when approving, conditioning, or denying public or private regulated activities;

8. Providing the public with sufficient information and notice of potential risks associated with development in critical areas; and

9. Implementing the goals and requirements of the Growth Management Act (RCW 36.70A.060), the State Environmental Policy Act (SEPA), the city’s comprehensive plan, and all updates, amendments, functional plans, and other land use policies formally adopted or accepted by the city. (Ord. 17-513 § 3 (Exh. A)).

14.10.030 Interpretation.

A. In the interpretation and application of this title, all provisions shall be:

1. Considered the minimum necessary for compliance; and

2. Liberally construed to serve the purposes of this title.

B. Nothing contained herein shall be deemed to limit or repeal any other powers under state statute. (Ord. 17-513 § 3 (Exh. A)).

14.10.040 Applicability.

A. This title shall apply to all lands and waters within Edgewood that are designated as critical areas and their corresponding buffers and setbacks.

B. No development activity or regulated activities shall hereafter take place without full compliance with this title.

C. When the requirements of this title are more stringent than those of other city codes and regulations, the requirements of this title shall apply.

D. Compliance with these regulations does not remove an applicant’s obligation to comply with applicable provisions of any other federal, state, or local law or regulation.

E. Criteria for determining the presence of a critical area is contained within each chapter of this title.

F. When a site contains two or more critical areas, the site shall meet the minimum standards and requirements for each.

G. Critical areas are identified on, but may not be limited to, the following maps:

1. Wetlands;

2. Geologically Hazardous Areas;

3. Critical Aquifer Recharge Areas;

4. Streams; and

5. Frequently Flooded Areas.

H. The boundary of each mapped critical area is approximate and is only intended to provide an indication of the presence of a critical area on a particular site. Additional critical areas that have not been mapped may also be present on a site. The actual presence of a critical area and the applicability of these regulations shall be determined based upon the classification or categorization criteria and review procedures established for each critical area. City staff or the city’s consultant(s) may request the ability to perform an on-site inspection to assess the site in order to advise if additional studies or reports shall be included with any development application.

I. Critical area maps shall be updated and maintained by the department.

(Ord. 17-513 § 3 (Exh. A)).

14.10.050 Administration.

A. Critical Areas Permit or Approval Required. In order to conduct any development activity or regulated activity on any property located within 300 feet of a critical area, as each critical area is defined in this title or as shown on the city’s critical areas map(s), a critical areas permit or an approval must be obtained from the city.

B. Critical Areas Approval.

1. If the city requires that another permit application be submitted under a different code chapter in order to allow the proposed development activity or regulated activity, then a separate critical areas permit is not required. Instead, the city shall review the underlying application, together with the application materials required herein, to determine compliance or noncompliance with this title. The determination on such compliance or noncompliance shall be incorporated within the decision on the underlying application.

2. In addition to the materials required to make the underlying application complete as required by the city’s code outside of this title, the applicant shall also submit the materials set forth herein, where the subject property is within 300 feet of a critical area. The city shall not issue a determination that the underlying application is complete until all materials have been submitted.

3. The critical areas materials shall be reviewed following the same process as the underlying application.

C. Critical Areas Permit.

1. If the city does not require any other permit in order to allow the proposed development activity or regulated activity, the applicant shall be required to obtain a separate critical areas permit in order for the proposed development activity to proceed.

2. A complete application for a critical areas permit shall consist of the materials set forth in subsection (D) of this section.

3. The process for review of a critical area permit where there is no underlying application is the Type II process, as set forth within EMC 18.40.090.

D. Elements of a Complete Permit Application. A complete application for approval of a critical areas permit under this title shall consist of the following materials:

1. A completed permit application form, which must be signed by the record owner of the property (the person(s) whose name is on the most recently recorded deed or contract purchaser with written permission from the record owner). An application form may be signed by an agent for the record owner, as long as the application is also accompanied by a verified statement signed by the record owner, which specifically authorizes the agent to submit the application on the record owner’s behalf;

2. The subject site’s street address, legal description, or both items if necessary for property identification;

3. A complete description of the proposed development activity;

4. All items identified in this title that are necessary to complete the application for the specific critical area; and

5. The required application fee.

E. Critical areas reports shall not be submitted without an accompanying permit application for an underlying action, such as, but not limited to, a building permit, subdivision or boundary line adjustment action, site development, TPCHD permit, or an administrative, conditional, or special use permit, with the exception of applications required by the department as a result of an enforcement action, reports required by TPCHD for septic design approval, or associated with a request under the Pierce County open space public benefit rating system tax program.

F. Modifications. The department may request an update of any required assessment, report, or delineation due to the potential for change in the existing environment that may have been caused by a natural event, e.g., seismic event, landslides, or flooding- or human-induced activity that degraded the existing conditions after the original document was submitted.

G. Public Notice. Public notice provisions for notice of application, public hearing, if applicable, and final decision pursuant to this title are outlined in EMC 18.40.190, Notice of public hearing.

H. Review.

1. Initial Review. The department shall conduct an initial review of any application in accordance with the provisions outlined in EMC 18.40.150, Determination of completeness.

2. Review Responsibilities.

a. The department is responsible for administration, circulation, and review of any applications and approvals required by this title.

b. Any reasonable use exception applications shall follow EMC 14.30.050.

c. Other city or Pierce County departments and state agencies, as determined by the department, may review an application and forward their respective recommendations to the director or hearing examiner, as appropriate.

3. Review Process.

a. The department shall perform a critical area review for any building or land use application submitted for a regulated activity. Reviews for multiple critical areas shall occur concurrently.

b. The department shall, to the extent reasonable, consolidate the processing of related aspects of other city regulatory programs which affect activities in any regulated critical area.

c. As part of the initial review of all related permit applications, the department shall review the information to:

i. Confirm the nature and type of the critical area and evaluate whether any assessments, reports, or studies are required;

ii. Determine whether the development proposal is consistent with this title;

iii. Determine whether any proposed alterations to the site containing critical areas are necessary; and

iv. Determine if the mitigation and monitoring plans submitted by the applicant are sufficient to protect the public health, safety, and welfare consistent with the goals, purposes, objectives, and requirements of this title.

d. Regulated activities subject to SEPA shall also be reviewed with consideration for impacts on critical areas as identified in this title. Regulated activities that pose a significant adverse impact which are not addressed by the standards and criteria established in this title may be subject to additional mitigation measures as determined through the SEPA process. A threshold determination issued pursuant to EMC Title 20, SEPA, may not be made prior to the department’s review of any special studies or technical reports required by this title, except where the applicant requests a declaration of significance so that environmental review is required.

e. Critical areas applications required under this title shall be approved prior to approval of any underlying permit action.

f. The department may waive the requirement to submit a critical area report when the proposed project area for a regulated activity is located in an area that has been the subject of a previously submitted and approved assessment or report, if all of the following conditions have been met:

i. The provisions of this title have been previously addressed as part of another approval;

ii. There has been no material change in the potential impact to the critical area or required buffer since the prior review;

iii. There is no new information available that is applicable to any critical review of the site or particular critical area;

iv. The permit or approval has not expired, or, if there is no expiration date, no more than five years have elapsed since the issuance of that permit or approval; and

v. Compliance with any standards or conditions placed upon the prior permit or approval has been achieved or secured.

4. Burden of Proof. The applicant has the burden of proving that a proposed application complies with the standards set forth in this title.

5. Final Decision.

a. The department may approve, approve with conditions, or deny any critical areas applications or underlying applications for development within any critical area. Approval of a development proposal does not discharge the obligation of the applicant to comply with the provisions of this title.

b. Applicants shall comply with the recommendations or mitigation measures contained in final approved assessments or reports and any final decision and conditions of approval.

c. Approval of an application required under this title must be given prior to the start of any development activity on a site.

6. Time Period for Final Decision. The provisions for issuing a notice of final decision on any application filed pursuant to this title is set forth in EMC 18.40.040, Coordination of development permit procedures.

I. Time Limitations.

1. Expiration of Approval.

a. Approvals granted under this title shall be valid for the same time period as the underlying permit. If the underlying permit does not contain a specified expiration date, then approvals granted under this title shall be valid for a period of three years from the date of issue, unless a longer or shorter period is specified in the final decision.

b. The approval shall be considered null and void upon expiration, unless a time extension is requested and granted as set forth in subsection (I)(2) of this section.

2. Time Extensions.

a. The applicant or owner(s) may request in writing a one-time, one-year extension of the original approval. To receive the extension, the applicant must demonstrate that circumstances beyond their control dictated the need for the extension. The extension would set a new expiration date one year later than the initial expiration.

b. Knowledge of the expiration date and initiation of a request for a time extension is the responsibility of the applicant or owner(s).

c. A written request for a time extension shall be filed with the department at least 60 days prior to the expiration of the approval.

d. Upon filing of a written request for a time extension, a copy shall be sent to each party of record together with governmental departments or agencies that were involved in the original approval process. By letter, the department shall request written comments be delivered to the department within 30 days of the date of the letter.

e. Prior to the granting of a time extension, the department may require a new application(s), updated study(ies), and fee(s) if:

i. The original intent of the approval is altered or enlarged by the renewal;

ii. The circumstances relevant to the review and issuance of the original approval have changed substantially; or

iii. The applicant failed to abide by the terms of the original approval.

J. Recording.

1. Approvals.

a. Approvals to modify a critical area or which otherwise require mitigation and or monitoring shall be recorded on the title of the project parcel(s) at the Pierce County auditor’s office by city of Edgewood staff prior to issuance of any permit authorizing the project to proceed and at the sole expense of applicant.

b. EMC 14.10.070(F), Title and Land Division Notification, contains additional recording requirements.

c. Work within a recorded, existing utility easement is not required to meet subsection (J)(1)(a) of this section.

2. Right of Entry.

a. When an application has been submitted, the city shall have a right of entry to verify the submitted information is correct; to ensure any applicable condition(s) of approval were satisfied; to confirm any required monitoring is being performed; or to attest that all outstanding items subject to a performance bond were completed.

b. The right of entry shall extend until the last condition in the permit has been satisfied. (Ord. 17-513 § 3 (Exh. A)).

14.10.060 Relationship to other regulations.

A. This title shall apply in addition to zoning and other regulations adopted by the city and concurrently with review conducted under SEPA.

B. Compliance with the provisions of this title does not constitute compliance with other federal, state, and local regulations and permit requirements that may be required. The applicant is responsible for complying with all other requirements, apart from the process established in this title.

C. Regulated activities that may impact critical areas or their buffers, but do not require any other city permits or approvals, may be reviewed as a critical areas permit. (Ord. 17-513 § 3 (Exh. A)).

14.10.070 Critical area protective measures.

A. General. All critical area tracts, conservation easements, land trust dedications, and other similarly preserved areas shall remain undeveloped in perpetuity, except as they may be allowed to be altered pursuant to this title.

1. Conservation easements and other similarly preserved areas restrict both the current use as well as future uses of the land to some important conservation quality such as habitat preservation, open space, or scenic views.

2. A land trust or governmental entity that manages properties for long-term goals typically holds the conservation easement or other similarly preserved area.

B. Mitigation Sequence. Adverse impacts caused by new activities and developments shall be mitigated using the following action(s) in order of priority:

1. Avoiding the impact altogether by not taking a certain action or parts of an action;

2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts;

3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;

4. Reducing or eliminating the impact over time by preservation and maintenance operations;

5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and

6. Monitoring the impact and the compensation project and taking appropriate corrective measures.

C. Identification of Critical Areas and Required Buffers on Construction Plans. Critical areas and required buffers shall be clearly identified on all construction plans.

D. Building Setbacks.

1. Unless otherwise provided in this title, buildings and other structures shall be set back a distance of 15 feet from the edge of all critical area buffers or, where no buffers are required, the edge of the critical area.

2. The following uses and activities may be allowed in the building setback area:

a. Landscaping;

b. Uncovered decks;

c. Building overhangs extending 18 inches or less into the setback area;

d. Impervious ground surfaces, such as driveways, parking lots, roads, walkways, and patios; provided, that such improvements conform to the water quality standards set forth in the city’s adopted stormwater management manual and that construction equipment does not enter the buffer during the construction process;

e. Clearing and grading; or

f. Any combination of items in subsections (D)(2)(a) through (e) of this section.

3. All other uses and activities not listed in subsections (D)(2)(a) through (e) of this section are prohibited.

E. Financial Guarantees.

1. The city may require an applicant to submit one or more financial guarantees, e.g., surety bond, cash escrow, cash set aside, assignment of funds, or letter of credit, to guarantee any performance, mitigation, maintenance, or monitoring required as a condition of permit approval. The approval for the project will not be granted until the financial guarantee is received by the department. Projects where the city or one of its departments is the applicant shall not be required to post a financial guarantee.

2. Financial guarantee instruments required under this title shall be:

a. In addition to any other site development guarantees required for project approval;

b. Submitted on financial guarantee forms approved by the city;

c. In the amount of 125 percent of the city engineer’s estimate of the cost of mitigation or monitoring to allow for inflation and administration should the city have to complete the mitigation or monitoring; and

d. Released by the city only when the applicant’s appropriate technical professional has provided written confirmation that the performance, mitigation, or monitoring requirements have been met and the department or its agent inspected the site(s) for compliance.

3. Failure to complete any performance, mitigation, or monitoring may result in the forfeiture or release of the guarantee. Applicants who have previously defaulted will no longer be allowed to post a bond guarantee for improvements necessary for approval of a land use application. Applicants who have previously defaulted will be allowed to post cash guarantees for subsequent critical area mitigation work needed for approval of a land use application or permit, but the guarantee must be by cash guarantee only.

F. Title and Land Division Notification.

1. General.

a. Title or land division notice(s) shall be required to be recorded with the Pierce County auditor on each site that contains a critical area at the time of approval of any regulated activity on a site.

b. If more than one critical area subject to the provisions of this title exists on the site, then one notice which addresses all of the critical areas may be sufficient.

c. Title or land division notifications and notes shall be approved by the department and shall be consistent with EMC 14.10.150, Appendix.

d. Applicant shall be responsible for the recording costs of the notice.

e. Notice on title is not required for utility line easements on lands not owned by the jurisdiction conducting the regulated activity, e.g., gas pipelines.

2. Land Division Notification and Notes. As referenced in EMC 14.10.150, Appendix, there shall be notes included on the face of any final plat, final binding site plan, short plat, or boundary line adjustment that contain any critical areas or buffers. The critical area boundaries and the boundary of any associated buffers shall be identified on the face of these documents prior to submission to the city for approval.

G. Conservation Easements.

1. Prior to any final critical area approval, the part of the critical area and required buffer which is located on the site shall be protected with a conservation easement or other similar permanent deed restriction.

2. The conservation easement shall indicate allowable and prohibited uses within the critical area and required buffer.

H. Tracts. Critical area tracts must adhere to the provisions in EMC 16.01.100 and the face of the plat shall include the requirement that the owners of all lots shall be required to preserve, protect, and maintain the critical areas.

I. Homeowner’s Covenants.

1. A description of the critical area and required buffer shall be placed in any required homeowner’s covenants to provide notice to the homeowners of their responsibility to preserve, protect, and maintain the critical areas in perpetuity.

2. Such covenants shall contain a detailed description of the allowable uses within the critical area and, if applicable, associated buffer and long-term management and maintenance requirements of the critical area.

J. Markers, Fencing, and Signage.

1. Markers.

a. Prior to final approval of any critical areas application, the outer edge of the critical areas boundaries or required buffer boundaries on the site shall be flagged by the qualified professional, as outlined in each chapter.

b. The boundaries shall then be identified with rebar and cap permanent markers and flagged by a licensed surveyor, unless otherwise stated in this title. The permanent markers shall be clearly visible, durable, and permanently affixed to the ground.

2. Fencing.

a. Temporary Construction Fencing.

i. Temporary fencing is required when vegetation is to be retained in an undisturbed condition within the critical area and required buffer.

ii. When temporary fencing is required, the applicant shall construct silt fencing, construction fencing, or other city-approved method of temporary fencing at the edge of the critical area or the edge of the required buffer prior to beginning construction on the site.

b. Permanent Fencing. Where deemed necessary by the department to provide protection to the critical area, the applicant will be required to construct permanent, wildlife-passable fencing along the buffer boundary.

3. Signage.

a. The department shall require permanent signage to be installed at the edge of the critical area or the edge of the required buffer.

b. The sign shall indicate the type of critical area and if the area is to remain in a natural condition as permanent open space.

c. Exact sign locations, wording, size, and design specifications shall be established by the department.

d. Signage shall be clearly visible, durable, and permanently affixed to the ground.

e. Prior to final approval of any critical area application, the applicant shall submit an affidavit of posting to the department as proof that the required signs were posted on the site. (Ord. 17-513 § 3 (Exh. A)).

14.10.080 Critical areas reports.

A. The applicant shall submit a critical areas report as required per this title.

B. The critical areas report shall use scientifically valid methods and studies in the analysis of critical area data and field reconnaissance to evaluate the proposed development and all probable impacts to critical areas in accordance with the provisions of this title. The report shall reference the source(s) of science used in accordance with WAC 365-195-900 through 365-195-925.

C. At a minimum the report shall contain the following 10 items:

1. The name and contact information of the applicant;

2. A description of the proposal;

3. The site plan for the proposed development, including a map drawn to scale depicting critical areas, buffers, the proposed development, and any areas to be cleared or altered;

4. The date of the report and names and qualifications of the persons preparing the report;

5. Documentation of any fieldwork performed on the site;

6. Identification and characterization of all critical areas and buffers on and adjacent to the proposed development;

7. A statement specifying the accuracy of the report, and all assumptions made and relied upon;

8. A discussion of the performance standards applicable to the critical area and proposed development;

9. A mitigation plan in accordance with EMC 14.10.090, if mitigation is required; and

10. Any additional report information required for the critical area as specified herein. (Ord. 17-513 § 3 (Exh. A)).

14.10.090 Mitigation plans.

A. When mitigation is required, the applicant shall submit a mitigation plan.

B. The mitigation plan shall include all of the following details outlined in subsections (B)(1) through (6) of this section:

1. Mitigation Sequencing. A description of reasonable efforts made to apply mitigation sequencing pursuant to EMC 14.10.070(B) to avoid, minimize, and mitigate impacts to critical areas and buffers.

2. Mitigation Details.

a. A description of the anticipated impacts to the critical area and buffer, including impacts to critical area functions and values;

b. The type of mitigation proposed, e.g., on-site or off-site; site selection criteria; identification of compensation goals; and identification of critical area functions;

c. The environmental goals and objectives of the mitigation, together with specific measurable criteria and performance standards for evaluating whether or not the goals and objectives of the mitigation project have been successfully attained;

d. A review of the best available science supporting the proposed mitigation; and

e. An analysis of the likelihood of success of the mitigation project.

3. Construction Details. The mitigation plan shall include written specifications, descriptions, and drawings of the mitigation proposed, including:

a. Construction sequence, timing, and duration;

b. Grading and excavation details;

c. Erosion and sediment control features; and

d. Planting plan specifying plant species, quantities, locations, size, spacing, density, and measures to protect and maintain plants until established. All plant species must be native to the region.

4. Monitoring Details.

a. A program for monitoring construction and assessing the outcome of the mitigation project, including the schedule for site monitoring, e.g., monitoring shall occur in year one, three, and five after site construction, and how the monitoring data will be evaluated to determine if the performance standards are being met. Monitoring reports shall be submitted to document milestones, successes, problems, and contingency actions of the compensation project. The mitigation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period of less than five years. For example, 10 years or more of monitoring are needed for forested and scrub-shrub communities. Mitigation monitoring shall be the responsibility of the applicant.

b. A contingency plan with courses of action and corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being met.

5. Mitigation Cost Estimate. A mitigation cost estimate for the entire compensatory mitigation project, per the requirements of EMC 14.10.070(E).

6. Other Requirements. The mitigation plan shall address any additional mitigation requirements relevant to the specific critical area as specified in the following chapters. (Ord. 17-513 § 3 (Exh. A)).

14.10.100 Variances to critical areas.

A. General. Variances are reviewed pursuant to the same permit process as a general variance, as outlined in Chapter 18.40 EMC and EMC 18.50.080. The criteria for approval for critical area variances are contained herein, and are not subject to the criteria for general variances contained in EMC 18.50.080(D)(2). Conditions may be attached to any critical area variance which will serve to meet the goals, objectives, and policies of this title.

B. Variance Criteria. A variance may be granted from the requirements of this chapter only if the decision maker makes written findings that the applicant has demonstrated that the requested action conforms to all of the criteria set forth as follows:

1. Special conditions and circumstances exist that are peculiar to the land, the lot, or something inherent in the land, and that are not applicable to other lands in the same district; and

2. The special conditions and circumstances do not result from the actions of the applicant; and

3. A literal interpretation of the provisions of this title would deprive the applicant of all reasonable economic uses and privileges permitted to other properties in the vicinity and zone of the subject property under the terms of this title, and the variance requested is the minimum necessary to provide the applicant with such rights; and

4. Granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands, structures, or buildings under similar circumstances; and

5. The granting of the variance is consistent with the general purpose and intent of this title, and will not further degrade the functions or values of the associated critical areas or otherwise be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the subject property; and

6. The decision to grant the variance incorporates the best available science and gives special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish habitat; and

7. The granting of the variance is consistent with the general purpose and intent of the Edgewood comprehensive plan and adopted development regulations.

C. Additional Criteria for Flood Hazard Area Variances. Refer to Chapter 14.80 EMC, Flood Hazard Areas, for specific criteria.

D. Should a variance be denied, the applicant may submit a reasonable use exception application. (Ord. 17-513 § 3 (Exh. A)).

14.10.110 Reconsideration and appeal procedures.

Procedures for appeal of a final decision on a critical areas permit, a decision relating to critical areas in the underlying permit, a critical areas variance, or a critical areas flood hazard variance are set forth in Chapter 18.40 EMC. (Ord. 17-513 § 3 (Exh. A)).

14.10.120 Fees.

A. Fees for applications or reviews of reports, studies, or plans filed pursuant to this title are set forth in the adopted fee schedule and as identified herein.

B. Fee Establishment. The city, by resolution, shall establish fees for filing of critical area review processing and other services provided by the city as required by this title.

C. Applicant Responsibilities. Unless otherwise indicated in this title, the applicant shall be responsible for the initiation, preparation, submission, and expense of all required reports, assessment(s), studies, plans, reconnaissance(s), peer review(s) by qualified consultants, and other work prepared in support of or necessary to review the application. For those items initiated by the city, e.g., peer review(s), the applicant is responsible for the expense and both the preparation and submission of the application materials, and not initiation of the review or preparation of the package submitted to the respective peer reviewer.

D. Payment. Fees established in accordance with this title shall be paid upon submission of a signed application or petition for appeal, or as otherwise provided by any fee ordinance or resolution adopted by the city council.

E. Investigation Fee. To investigate violations of this title, all city fees associated with investigation of violations of this title may be assessed at the adopted billable staff hour rate in addition to any required consultant costs, legal costs, and other expenses necessary to complete the investigation of the violation. The payment of such investigation fees shall not exempt any person from compliance with all other provisions of this title, nor from penalties prescribed by law. (Ord. 17-513 § 3 (Exh. A)).

14.10.130 Compliance.

A. The regulations for compliance with the provisions of this title are set forth in EMC 18.30.040, Scope and compliance.

B. When a critical area or its required buffer has been altered in violation of this title, the department shall require the property owner to bring the site into compliance. The property owner shall be required to submit the appropriate critical areas application, as applicable for each chapter of this title. In addition to any required site investigation, delineations, assessments, or reports, the property owner shall be required to submit a restoration plan that identifies the proposed mitigation to bring the subject property into compliance with the requirements of this title. (Ord. 17-513 § 3 (Exh. A)).

14.10.140 Warning and disclaimer of liability.

A. The degree of protection required through application of this title is deemed to be reasonable for regulatory purposes and is based on best available science; however, natural events that may exceed the geographic boundaries regulated under this title can and will occur, e.g., flood heights that are higher than anticipated. This title does not imply that land outside designated hazard areas or uses permitted within such areas will be free from damages.

B. The express purpose of this title is to provide for the health, safety and welfare of the general public, and not to protect individuals or create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this title. The obligation of complying with the requirements of this title and the liability for failing to do so is hereby placed upon the property owner and/or persons responsible for the condition of the property, buildings or premises.

C. Nothing in this title is intended to be nor shall be construed to create or form the basis for any liability on the part of the city, its officers, officials, employees or agents for any injury or damage resulting from the failure of the owner of property or land to comply with the provisions of this title or by reason or in consequence of any inspection, notice, order, certificate, permission or approval, authorized or issued or done in connection with the implementation or enforcement of this title, or by reason of any action or inaction on the part of the city, related in any manner to the enforcement of the title by its officers, officials, employees or agents. (Ord. 17-513 § 3 (Exh. A)).

14.10.150 Appendix.

A. Title and Plat Notification Forms.

APPENDIX A

TITLE AND PLAT NOTIFICATION FORMS

A. Notice for Title Notification.

1. Example:

Tax Parcel Number:

Address:

Legal Description:

Present Owner:

NOTICE: This property contains [identify Critical Area, e.g., Wetlands or Wetland Buffers] as defined by EMC Title 14. The site was the subject of a development proposal for application number [insert case file number] filed on [insert date]. Restrictions on use or alteration of the site may exist due to natural conditions of the property and resulting regulations. Review of such application has provided information on the location of the [identify Critical Area, e.g., Wetlands or Wetland Buffers] and any restriction on use.

Date__________    

Signature of owner__________________

Notary acknowledgment and notary seal

B. Additional Title Notification Statements.

1. Title notification for liquefaction and dynamic settlement hazard areas shall include a statement of the performance criteria, i.e., protection of life safety only, provision for minimal structural damage so that postearthquake functionality is substantially unchanged, no structural damage for the design earthquake.

2. Title notification for fault rupture hazard areas shall include a statement that a fault rupture hazard area or associated buffer exists on the site. The title notification shall include a site plan of the subject property with the fault rupture hazard area and associated buffer identified.

3. Properties that contain flood hazard areas pursuant to Chapter 14.80 EMC shall include the following statement:

Flood Elevation Certificates are kept on file by the Department.

C. Notice for Plat Notification/Plat Notes.

1. General. The following notice shall be placed on the face of the final plat, short plat, large lot, or binding site plan documents when said subdivision contains any critical area or buffer:

Notice: This site lies within a [insert type of Critical Area] as defined in EMC Title 14. Restrictions on use or alteration of the site may exist due to natural conditions of the site and resulting regulation.

2. Native Vegetation Preservation Areas. The following notice shall be placed on the face of the final plat, short plat, large lot, or binding site plan documents when said subdivision contains any critical area or buffer and when said critical area or buffers have been identified as native or natural vegetation preservation areas:

Notice: The Critical Areas appearing on this [final site plan/preliminary plat/final plat/short plat/large lot/engineering drawing] contain areas of Native Vegetation intended to Buffer the Critical Area from the adverse effects of development. These Critical Areas shall remain and be maintained in a natural, undeveloped, open space state. There shall be no Clearing and Grading or construction within the Critical Areas, except as shown on plans or documents approved by the City of Edgewood and contained in the official files for this development. Each Critical Area shall remain undisturbed except for periodic watering and hand weeding of plants designated as noxious by the State of Washington.

3. Plat Notes for Flood Hazard Areas. The following notes shall be placed on the face of any final plat, short plat, large lot, or binding site plan documents which lie within a flood hazard area:

a. Clearing and Grading within the limits of the 100-year Floodplain is prohibited, except for watercourse related construction, repair, or maintenance work that is done by the City for management operations.

b. If a higher frequency event occurs or if existing conditions upon which the Flood Hazard Area boundaries were based were to change or occur differently than depicted, then the level of protection afforded by the existing levee, if applicable, and Flood Hazard Area standards may not be adequate to prevent the subject site from flooding.

c. All purchasers, developers, and their agents of property within the subject development area or parcel shall take notice of the above conditions and hereby agree to defend, indemnify, and hold harmless the City from any and all claims, losses, costs, liabilities, or damages of any nature imposed upon or asserted against Edgewood arising out of or caused by the City’s issuance of approval or by issuance of any other permits arising out of this approval.

d. All occupants or owners of property in the subject area assume the risk of flooding which may occur and waive any claims against the City arising out of damage or injury to person or property resulting therefrom.

(Ord. 17-513 § 3 (Exh. A)).