Environment & Sustainability | Environmentally Critical Areas
e. The prior permit or approval, including any conditions, has been complied with.
iii. The proposed development or activity is of a linear nature and is on an existing corridor or connects to public lands, trails, utility corridors, rights-of- way or other public infrastructure, or is required for functional reasons such as gravity flow. c. The department shall process exceptions, provide public notice, provide opportunity for the public to request a public hearing, and provide an appeal process consistent with the provisions of SDC 21.09.010. 2. Reasonable Use Exception. If the application of this chapter would deny all reasonable use of the property, the applicant may apply for an exception pursuant to this subsection: a. The director may approve alterations to critical areas, critical area buffers and setbacks to allow a reasonable use not otherwise allowed by this chapter when the following criteria are met:
H. Exceptions
Except as prohibited in the City of Sammamish shoreline jurisdiction under SMC 25.01.070, the following are exceptions from the provisions of this chapter when applicable criteria and performance standards are met: 1. Public Agency and Utility Exception. If the application of this chapter would prohibit an activity or a development proposal by a public agency or utility, the agency or utility may apply for an exception pursuant to this section: a. The public agency or utility shall apply to the department and shall make available to the department other related project documents such as permit applications to other agencies, special studies and SEPA documents. b. The director may approve alterations to critical areas, buffers and critical area setbacks by an agency or utility not otherwise allowed by this chapter when the following criteria are met: i. There is no other reasonable alternative to the activity or proposed development with less impact on the critical area; and ii. The activity or development proposal is designed to avoid, minimize, and mitigate the impact on environmentally critical areas consistent with the avoidance and mitigation sequencing requirements in this chapter; and, if applicable:
i. The application of this chapter would deny all reasonable use of the property;
ii. There is no other reasonable economic use with less impact on the critical area; iii. The proposed development does not pose an unreasonable threat to the environment or public health, safety, or welfare on or off the development proposal site and is consistent with the general purposes of this chapter and the public interest; and iv. Any alterations permitted to the critical area or buffer shall be the minimum necessary to allow for reasonable use of the property and the project
68 | Title 21: Sammamish Development Code
Effective | January 1, 2022
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