19.70.165 Unauthorized critical area alterations.
A. When a critical area or its buffer has been altered in violation of this chapter, all work must stop and the critical area and buffer must be restored. The Director may issue a stop work order to cease all work, and order restoration measures at the owner’s or other responsible party’s expense to remediate the impacts of the violation of the provisions of this chapter. The city may take formal enforcement action under AMC Title 20, Civil Enforcement and Penalties, to ensure the violation is abated.
B. Requirement for Restoration Plan.
1. All work must remain stopped until a restoration plan is provided by the responsible party and approved by the city. Such a plan must be prepared by a qualified professional using the best available science and must describe how the actions proposed meet the minimum requirements described in subsection (C) of this section.
2. The Director may, at the responsible party’s expense, seek expert advice, including but not limited to third party review by a qualified professional under contract with or employed by the city, in determining if the plan meets the minimum performance standards for restoration.
3. Submittal, review, and approval of required restoration plans for remediation of violations of this chapter must be completed through a site development permit application process, either after the fact for regulated activities, or as a restoration permit for activities not allowed under these provisions.
C. Minimum Performance Standards for Restoration.
1. For alterations to critical aquifer recharge areas, wetlands, and fish and wildlife habitat conservation areas, the following minimum performance standards must be met for the restoration:
a. The pre-violation function and values of the affected critical areas and buffers must be restored, including but not limited to hydrologic, water quality and habitat functions;
b. The previolation soil types and configuration must be replicated;
c. The critical area and buffers must be replanted with a native vegetation community that reproduces the structure, species content and condition of the previolation vegetation community. Based on the historical or previolation vegetation community, native plant species must be replaced at minimum of a five-to-one ratio or installed at a density of five-feet-on-center unless approved by the decision-maker. The previolation functions and values should be replicated at the location of the alteration; and
d. Information demonstrating compliance with the requirements in AMC 19.70.130, Mitigation plan requirements, and the applicable mitigation sections for the affected type(s) of critical area(s) and their buffer(s) must be submitted to the decision-maker with a complete site development permit application.
e. These standards may be modified by the decision-maker when it can be demonstrated that greater functional and habitat values can be obtained.
2. For alterations to special flood hazard and geologically hazardous areas, the following minimum performance standards must be met for the restoration of a critical area:
a. The hazard must be reduced to a level equal to, or less than, the previolation hazard;
b. Any risk of personal injury resulting from the alteration must be eliminated or minimized; and
c. The hazard area and buffers must be replanted with native vegetation sufficient to minimize the hazard.
d. These standards may be modified by the decision-maker if the violator can demonstrate that greater safety can be obtained.
D. Site Investigation. The Director is authorized to take such actions as are necessary to enforce this chapter. The Director (or Director’s authorized representative) must present proper credentials and obtain permission before entering onto private property.
E. Penalties. Any responsible party violating the provisions of this chapter may be subject to applicable penalties per AMC Title 20, Civil Enforcement and Penalties, plus the following:
1. A square footage cost of $3.00 per square foot of impacted critical area buffer; and a square footage cost of $15.00 per square foot of impacted critical area; and
2. A per-tree penalty in the amount of $3,000 per nonsignificant tree and $9,000 per significant tree, for trees removed, or otherwise damaged, within a critical area or buffer in violation of the provisions of this chapter. (Ord. 4025 § 2 (Att. A), 2022; Ord. 3064 § 2 (Att. A), 2021)