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(A) The purpose of the declaration of intent is to verify that the proposed activity is exempt under the provisions of § 150.21(B)(3), (4), (7), (12), and (14). A declaration of intent shall be signed by the property owner whenever such exemption is claimed and shall be recorded at the time of application for a grading permit.
(B) A declaration of intent runs with the land and shall bind any future purchasers of the property to the same extent as the original property owner.
(C) The existence of a declaration of intent does not preclude another exempted activity on the property subject to a declaration of intent, if the activity:
(1) Does not conflict with the purpose of any existing declaration of intent; and
(2) Complies with the applicable requirements for an exempted activity.
(D) If a regulated activity on the area covered by the declaration of intent occurs within seven years of the effective date of the declaration of intent, there shall be:
(1) An immediate loss of exemption; and
(2) An enforcement action taken by the county, as appropriate, under this subchapter.
(E) An applicant may apply for a regulated activity on that area of the property not covered under the declaration of intent if the requirements of this subchapter are satisfied.
(F) The county may require a person failing to file a declaration of intent or found in noncompliance with a declaration of intent to do any or all of the following:
(2) Pay a noncompliance fee, pursuant to the provisions of § 150.34, for each square foot of forest cut or cleared under the declaration of intent;
(3) Be subject to other enforcement actions appropriate under § 150.34; or
(4) File a declaration of intent with the county.
(G) In its determination of appropriate enforcement action, the county may consider whether failure to file a declaration of intent by a person required to file is a knowing violation of this subchapter.
(2004 Code, § 115-3) (Ord. 98-4, passed 11-18-1998; Ord. 02-03, passed 3-14-2002; Ord. 03-04, passed 1-30-2003; Ord. 04-05, passed 4-1-2004; Ord. 07-08, passed 5-3-2007; Ord. 2011-03, passed 5-17-2011; Ord. 2022-11, passed 8-25-2022)