2.6 Ownership of PRA

   Ownership of the protected riparian area shall be provided in one or more of the methods set forth below to insure continued preservation of the area. Forms of ownership of protected riparian areas include:

   A.   protected riparian area Areas for proposed subdivisions may be either publicly owned, owned by a common association, or owned by a non-profit association which provides for conservation management.

   B.   Privately owned individual residential lots of 24,000 square feet or less may include protected riparian area where (i) there is a conservation easement prohibiting private development within the protected riparian areas, (ii) no more than 10% of the total area of the protected riparian area is included within individual private lots and (iii) no walls or fences are constructed within the protected riparian areas. The common ownership and the location of any portion of the protected riparian area within individual lots and applicable legal restrictions shall be included in a note on the final plat or development plan.

   C.   Privately owned individual residential lots that are greater than 24,000 square feet may include protected riparian area where (i) the protected riparian area is delineated on the plat providing a surveyed description of the location within each lot, and (ii) there is a note on the plat requiring that each purchaser of a lot shall sign a disclosure form acknowledging the prohibition upon development in the protected riparian area and (iii) no walls or fences are constructed within the protected riparian areas.

   D.   Where the protected riparian area is on property that remains under the ownership of a single person or entity following the development, the protected riparian area shall be protected through a conservation or public easement or other legal restriction upon further development.

2.7 Compliance with other Code Provisions

   All development within regulated areas must comply with all other applicable code provisions, including obtaining floodplain use permits where necessary. Washes zoned as ERZ washes or named in the WASH regulations are reviewed in accordance with Section 3.3.3, PDSD Director Approval Procedure.

4-02.3.0 APPLICATION REQUIREMENTS AND REVIEW

3.1 Application

   Applications for review of projects affected by this technical standard shall be submitted to the CDRC Section at PDSD. Review staff will evaluate submitted information for completeness and shall accept or reject the application within five days of the date of submittal. The applicant will be notified if the application is found to be incomplete.

3.2 Submittal Requirements

   Copies of all required plans, documents, and reports are to be submitted to the CDRC staff at PDSD, who will coordinate the hydrologic and resource reviews with the appropriate staff. Plans are to be folded to an eight and one-half inch by 11-inch size.

3.3 Review

   Plans are reviewed for compliance with this standard in accordance with Section 3.3.3, PDSD Director Approval Procedure.

3.4 Stormwater Advisory Committee (SAC) Review

   Development which encroaches within the protected riparian areas, except for development limited to revegetation or restoration in accordance with an approved Floodplain Restoration Plan, shall be reviewed by the Stormwater Advisory Committee (SAC) as follows:

   A.   All watercourses subject to adopted ERZ or WASH regulations are reviewed by SAC as part of Section 3.3.3, PDSD Director Approval Procedure.

   B.   All watercourses designated to be treated consistent with the ERZ or WASH regulations under this technical standard and regulatory floodplain watercourses may be reviewed by SAC upon either the request of the applicant or upon the determination by the PDSD Director that such review is appropriate.

   C.   Review by SAC shall focus upon whether the application correctly defines, delineates and describes the protected riparian area and complies with Section 4-02.2.5.B.2 and 3, Development Restrictions and Mitigation Plan, respectively.