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The following activities and developments are exempt from the provisions of this chapter. All exempted activities shall use reasonable methods to avoid potential impacts to critical areas. An exemption from this chapter is not an endorsement to degrade a critical area, ignore risk from natural hazards, or otherwise limit the ability of the Director to identify and abate such actions that may cause degradation to a critical area.

(1) Activities and development in response to emergencies that threaten public health, safety or welfare, or that pose an immediate risk of damage to property and that require remedial or preventive action in a time frame too short to allow for compliance with the requirements of this chapter. In the event a person determines that the need to take emergency action is so urgent that there is insufficient time for review by the Department, such emergency action may be taken immediately. Such action shall be reported to the Department within one working day of the commencement of the emergency activity on a form provided by the City. The Director will determine if the action was in response to an emergency and if any mitigation shall be required to protect health, safety, welfare, or environment or to repair any resource damage.

(2) Operation, maintenance, or repair of existing public improvements, utilities, public roads, parks, trails, or drainage systems if the activity does not further alter or increase impact to, or encroach further within, the critical area or buffer and there is no increased risk to life or property as a result of the proposed operation, maintenance, or repair, and no new clearing of native vegetation beyond routine pruning.

(3) Normal maintenance and repair, internal reconstruction or remodeling or improvements to existing structures that do not increase the previously approved building footprint, provided the improvements or repairs are not the result of or required due to a flood or floodplain hazard.

(4) Recreation, education, and scientific research activities that do not require grading, native vegetation clearing, or placement of structures.

(5) Site reconnaissance necessary for preparing land use or building permit applications. Any disturbance of the critical area shall be the minimum necessary to conduct the site reconnaissance and the area shall immediately be restored to its previous condition.

(6) Removal by hand of invasive and noxious vegetation. Removal by hand does not include using mechanical equipment or the use of herbicides.

(7) Excavation of cemetery graves in established and approved cemetery. Maintenance, operation, or repair of the cemetery graves as long as any such alteration does not involve the expansion of improvements. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))