14.04.170 Critical area identification form.
A. Submittal. Prior to the city’s consideration of any proposed activity not found to be exempt under BMC 14.04.120, Exemptions, or allowed pursuant to BMC 14.04.150, Allowed activities, the applicant shall submit to the department a complete critical area identification form on forms provided by the city.
B. Site Inspection. Upon receipt of a project application and a critical area identification form, the director shall conduct a site inspection to review critical area conditions on site if deemed warranted. The director shall notify the property owner of the inspection prior to the site visit. Reasonable access to the site shall be provided by the property owner for the purpose of inspections during any proposal review, restoration, emergency action, or monitoring period.
C. Critical Area Identification Form Review Process. The director shall review the critical area identification form, conduct a site inspection, and review other information available pertaining to the site and the proposal and make a determination as to whether any critical areas may be affected by the proposal and if a more detailed critical areas report shall be submitted.
1. Decision Indicators. The director may use the following indicators to assist in determining the need for a critical areas report:
a. Indication of a critical area on the city critical areas maps that may be impacted by the proposed activity;
b. Information and scientific opinions from appropriate agencies, including but not limited to the Departments of Fish and Wildlife, Natural Resources, and Ecology;
c. Documentation, from a scientific or other reasonable source, of the possible presence of a critical area; or
d. A finding by a qualified professional or a reasonable belief by the director that a critical area may exist on or adjacent to the site of the proposed activity.
D. Decision on Identification Form.
1. No Critical Areas Present. If after a site visit the director’s analysis indicates that the project area is not within or adjacent to a critical area or buffer and that the proposed activity is unlikely to degrade the functions or values of a critical area, then the director shall rule that the critical area review is complete and note on the identification form the reasons that no further review is required. A summary of this information shall be included in any staff report or decision on the underlying permit.
2. Critical Areas Present, But No Impact – Waiver. If the director determines that there are critical areas within or adjacent to the project area, but that the best available science shows that the proposed activity is unlikely to degrade the functions or values of the critical area, the director may waive the requirement for a critical areas report. A waiver may be granted if there is substantial evidence that all of the following requirements will be met:
a. There will be no alteration of the critical area or buffer;
b. The development proposal will not impact the critical area in a manner contrary to the purpose, intent, and requirements of this chapter; and
c. The proposal is consistent with other applicable regulations and standards.
A summary of this analysis and the findings shall be included in any staff report or decision on the underlying permit.
3. Critical Areas May Be Affected by Proposal. If the director determines that a critical area or areas may be affected by the proposal, then the director shall notify the applicant that a critical areas report must be submitted prior to further review of the project, and indicate each of the critical area types that should be addressed in the report.
E. Director’s Determination Subject to Reconsideration. A determination regarding the apparent absence of one or more critical areas by the director is not an expert certification regarding the presence of critical areas and the determination is subject to possible reconsideration and reopening if new information is received.
If the applicant wants greater assurance of the accuracy of the critical area review determination, the applicant may choose to hire a qualified professional to provide such assurances. (Ord. 2010 § 1 (Exh. B), 2009; Ord. 1946 § 3, 2005).