40.445.060    Emergency Actions

A.    Definition of Emergency. “Emergency” means the unanticipated and imminent threat to public health, safety, or the environment (built or natural) which requires immediate action within a time too short to allow full compliance with this chapter.

(Added: Ord. 2023-03-01)

B.    Authorization. Notwithstanding the provisions of this chapter or any other laws to the contrary, the responsible official may issue prospectively or, in the case of imminent threats, retroactively, a temporary emergency authorization if:

1.    The responsible official determines that an unacceptable threat to public health, safety, or the environment will occur if an emergency authorization is not granted; and

2.    The anticipated threat or loss may occur before a decision can be issued or modified under the procedures otherwise required by this chapter and other applicable laws.

(Added: Ord. 2023-03-01)

C.    Conditions. Any emergency authorization granted shall incorporate, to the greatest extent practicable and feasible, but not inconsistent with abating the threat to the public health, safety or the environment, the standards and criteria required for nonemergency activities under this chapter and shall:

1.    Be limited in duration to the time required to complete the authorized emergency activity, not to exceed ninety (90) days; and

2.    Require, within this ninety (90) day period, the restoration of any wetland, wetland buffer, or fish and wildlife conservation area altered as a result of the emergency action, except that if more than the ninety (90) days from the issuance of the emergency permit are required to complete restoration, the emergency permit may be extended to complete this restoration.

(Added: Ord. 2023-03-01)

D.    Notice. The applicant shall request emergency authorization prior to commencing work or, for imminent threats, notify the responsible official of initiation of an emergency action before noon on the business day following the applicant’s discovery of the emergency. Within fourteen (14) days of an emergency authorization, public notice shall be issued in accordance with the procedures specified for the applicable review type in Chapter 40.510. Public notice fees may be charged pursuant to Title 6.

(Added: Ord. 2023-03-01)

E.    Termination. Any emergency authorization may be terminated at any time without process upon a determination by the responsible official that the action was not, or is no longer, necessary to abate a threat to public health, safety, or the environment.

(Added: Ord. 2023-03-01)