Article VII. Determination Process
14.04.240 Critical areas alteration permit (CAAP).
A critical area alteration permit allows the modification of critical areas or areas in conjunction with a proposed development or other use of property.
A. Determination of Applicability. Any person seeking to determine whether a proposed activity will require a critical area alteration permit may request in writing a determination of applicability from the community development director. Such a request shall contain such plans, data, and other information as may be specified by the department of community development in its administrative rules developed for the implementation of this chapter. The community development director’s decision shall be made based upon the city’s critical area maps and inventories and any other information available to the city, a site visit to the subject property, and required special studies in accordance with BMC 14.04.190.
B. Type of Permit. A critical areas alteration permit is a Type II action and shall be considered in accordance with the procedures for such actions as set forth in BMC Title 11.
C. Contents of Complete Application. An application for a critical areas alteration permit shall contain the following information in addition to that required in BMC Title 11:
1. A map using a scale of 100 feet to one inch or larger of the property indicating whether any critical area or buffer is located on the site, and if so, their boundaries. Maps and inventories of identified critical areas which are on file with the city of Bothell department of community development may be used to alert the public and staff to the possibility of the presence of a critical area as defined by BMC Title 11. An applicant is responsible, however, for indicating the presence of a critical area whether or not it is reflected on said maps.
2. All maps, drawings, text and other materials necessary to fully describe the proposed development or other use of property, including the proposed alteration of a critical area or areas.
D. Notification. Notification shall be in accordance with BMC Title 11.
E. Criteria for Approval. A critical areas alteration permit shall be granted only if an applicant demonstrates and the community development director determines that after application of BMC 14.04.500 through 14.04.930 alteration of a critical area or areas is unavoidable.
F. Time Limitation. A critical area alteration permit shall be valid for the same period of time as the underlying development permit. If there is no underlying development permit, the critical area alteration permit shall be valid for a period of one year from the date of issue and shall expire at the end of that time unless a longer period is requested by the applicant and approved by the community development director upon issuance of the permit. An extension of an original permit for an additional one year may be granted upon written request to the community development director by the original permit holder or the successor in title. Prior to the granting of an extension, the community development director may require updated studies if, in the director’s judgment, the original intent of the permit is altered or enlarged by the renewal, if the circumstances relevant to the review and issuance of the original permit have changed substantially, or if the applicant failed to abide by the terms of the original permit. (Ord. 2349 § 2, 2021; Ord. 2010 § 1 (Exh. B), 2009; Ord. 1946 § 3, 2005).