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A. Determining Presence of Critical Area. A determination of whether a site contains a critical area, critical area buffer, or critical area structure setback shall be made as part of the review process for the proposal, based on information provided by the applicant. The Director may specify the information required to determine the presence and extent of such areas, including, but not limited to: site surveys, topographic maps, technical environmental analysis, peer reviews, or other information the Director deems necessary. The location and extent of critical areas, critical area buffers, and critical area structure setbacks may be required to be surveyed, marked in the field with permanent signage, and fenced to separate such areas from development.

B. Recording Required.

1. Site Plan. The property owner receiving approval of a use or development within the Critical Areas Overlay District pursuant to this part shall record a site plan or other instrument clearly delineating the critical area, critical area buffer, and critical area structure setback with the King County Division of Records and Elections. The site plans must include a statement that the provisions of this part as now or hereafter amended control use and development of the subject property. Single lot residential development in single-family residential land use districts is exempt from this recording requirement, except where explicitly required in this part or where required as part of a voluntary compliance agreement or corrective action for a violation of this part, pursuant to Chapter 1.18 BCC.

2. Native Growth Protection Area/Easement. The Director may also require recording of the delineation of, and restrictions of, Native Growth Protection Areas (NGPA) or Native Growth Protection Easements (NGPE) designated as part of an approval of a subdivision, short subdivision or Planned Unit Development within the Critical Areas Overlay District, and as part of any approval to modify a critical area or critical area buffer. The NGPA or NGPE shall contain at minimum:

a. An assurance that the NGPA or NGPE will be kept free from all development and disturbance except where allowed or required for habitat improvement projects, vegetation management, and new or expanded City parks pursuant to LUC 20.25H.055; and that native vegetation, existing topography, and other natural features will be preserved for the purpose of preventing harm to property and the environment, including, but not limited to, controlling surface water runoff and erosion, maintaining slope stability, buffering and protecting plants and animal habitat;

b. The right of the City of Bellevue to enter the property to investigate the condition of the NGPA or NGPE upon reasonable notice;

c. The right of the City of Bellevue to enforce the terms of the restriction; and

d. A management plan for the NGPA or NGPE designating future management responsibility. (Ord. 5680, 6-26-06, § 3)