A. The town shall approve, condition or deny proposals in a geologic hazard area as appropriate based upon the effective mitigation of risks posed to property, health and safety. The objective of mitigation measures shall be to render a site containing a critical geologic hazard site as safe as one not containing such hazard. Conditions may include limitations of proposed uses, modification of density, alteration of site layout and other appropriate changes to the proposal. Where potential impacts cannot be effectively mitigated, or where the risk to public health, safety and welfare, public or private property, or important natural resources is significant notwithstanding mitigation, the proposal shall be denied.

B. Class IV Landslide Hazard Areas. Development shall be prohibited in Class IV (very high) landslide hazards areas except for the installation and construction of streets and/or utilities excluding natural gas, petroleum and other potential hazardous utilities, subject to the criteria below. The town shall refer the proposed project to the town council for review and approval.

1. The proposed street and/or utility is identified in an adopted plan as of April 17, 2000, such as the comprehensive plan, capital facility plan, transportation improvement plan or other utility facility plan. As new or amended plans are prepared and adopted, streets and utilities shall be located to avoid impact to Class IV landslide hazard areas. Where no reasonable alternative to locating in Class IV landslide hazard areas exists, review and approval of the plan shall include a discussion of alternatives and rationale for planning streets and utilities in Class IV landslide hazard areas.

2. Alternative locations, which avoid impact to Class IV landslide hazard areas are evaluated and are determined to be functionally infeasible.

3. There is a geotechnical evaluation to identify the risks of damage from the proposal, both on-site and off-site, to ascertain that the proposal will not increase the risk of occurrence of the potential geologic hazard; and to identify measures to eliminate or reduce risks, both on-site and off-site, which should be implemented as conditions of approval.

4. When no alternative exists, the impact shall be minimized by limiting the magnitude of the proposed construction to the extent possible. Any impacts shall be rectified by repairing, rehabilitating, restoring, replacing or providing substitute resources consistent with the mitigation and performance standards contained in Sections 16.10.230 and 16.10.240.

C. Critical Seismic Hazard Areas.

1. For one-story and two-story residential structures and accessory buildings, the applicant shall conduct an evaluation of site response and liquefaction potential based on the performance of similar structures under similar foundation conditions; and

2. For all other proposed structures, the applicant shall conduct an evaluation of site response and liquefaction potential including sufficient subsurface exploration to provide a site coefficient (S) for use in the static lateral force procedure described in the Uniform Building Code.

D. When development is permitted in geologic hazard areas by these regulations, an applicant and/or its licensed geotechnical engineer shall provide assurances which include the following:

1. A letter under seal from a licensed geotechnical engineer shall be recorded with the Snohomish County department of records and elections which states that in the engineer's professional opinion, all needed surface and subsurface soil explorations have been completed, a thorough review has been made of public records, and all needed analysis has been completed such that if the engineers' recommendations are followed any recommended structure will be as safe on the site containing the critical geologic hazard as it would be on a site not containing such hazard and that the use of the site according to the engineer's recommendations will not increase likelihood of damage to neighboring properties.

2. A legal statement shall be recorded and noted on the face of the deed and on any new plat, executed in a form satisfactory to the town, which characterizes the site as being located in a geologic hazard area, and which states there may or may not be risks associated with development of such site, and which references the engineer's recorded letter required by the prior subsection; and

3. If deemed necessary by the town, the posting of a bond, guarantee or other assurance device reviewed and approved by the town to cover the cost of monitoring, maintenance and any necessary corrective actions. (Ord. 00-387 §1(part), 2000)