17.10.040 Submittal requirements.
A. Critical Areas Permit Application Required. Any application for land use, boundary line adjustments or development proposals by private or public entities, including rezones, subdivisions, building permits, clearing and grading permits, tree permits, or other activities which will result in any alteration or modification within or adjacent to an environmentally critical area or its standard buffer width shall include an application for a critical areas permit. The critical areas permit application shall be submitted to the department of public works for processing as required by LMC 2.44.040. The director or the director’s designee shall review the information submitted by the applicant together with any other available information. If the director determines that there is insufficient environmental information to evaluate the proposal, the applicant shall be notified that additional environmental studies are required. The director reserves the right to refuse to accept an incomplete application. The director may waive the requirement for a special study if there is substantial evidence showing that there will be no alteration of the critical area or buffer and that there will be no significant adverse impacts on the critical area as a result of the proposed development. At all times, critical area reports and decisions shall rely on the best available science.
B. Contents of Special Studies. Special environmental studies shall be prepared by a qualified person with expertise in the area of concern in accordance with the requirements of this chapter and to the satisfaction of the department. Special studies are valid for two years; after such date the city will determine if a revision or additional assessment is necessary. Such studies shall:
1. Rely on the best available science; and
2. Provide a site plan and written report describing the conditions of the property, illustrating the proposed development and the environmentally critical area; and
3. Identify and characterize any critical area and associated buffer on or adjacent to the site. Such characterizations shall comply with the methods described and accepted in this chapter; and
4. Describe how the proposed development will impact the critical area(s) and associated buffer(s) which are present on or which are adjacent to the property; and
5. Describe any plans for alteration or modification of the critical area(s) and associated buffer(s), and provide appropriate chapter citations allowing for such alteration or modification; and
6. A statement of the resources and methodology used in the reporting reflecting the use of “best available science”; and
7. Provide recommended methods for mitigating any identified impacts consistent with mitigation sequencing steps required by LMC 17.10.041.
C. Previous Critical Area Review. Any development proposals which are proposed to occur on sites that previously underwent critical or sensitive areas review and either: a) have an established and legally documented critical area buffer; or b) possess a valid critical or sensitive areas permit issued by a governing municipal agency; shall not be subject to additional critical areas review and requirements, provided:
1. The development proposal would not encroach into the previously established buffer or protection area; and
2. The development proposal will not increase the existing level of impact on the critical area or the buffer. (Ord. 3193 § 2, 2016)