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BOCC Ordinance - Amend and Adopt CAO
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2021-12-07 10:00 AM - Commissioners' Agenda
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BOCC Ordinance - Amend and Adopt CAO
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Last modified
12/2/2021 1:21:03 PM
Creation date
12/2/2021 1:18:11 PM
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Meeting
Date
12/7/2021
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Item
Request to Approve an Ordinance for Amendments to Kittitas County Code Title 17A, Critical Areas
Order
30
Placement
Consent Agenda
Row ID
83921
Type
Ordinance
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<br /> <br />18 <br /> <br />standards shall be met for the restoration of a critical area, provided that if the <br />violator can demonstrate that greater functional and habitat values can be obtained, <br />these standards may be modified: <br />i. The pre-violation structural and functional values shall be restored, <br />including water quality, hydrology and habitat functions; <br />ii. The historic soil types and configuration of the altered area shall be <br />replicated; <br />iii. The critical area and buffers shall be replanted with native vegetation that <br />replicates the vegetation historically found on the site in species type and <br />densities. The historic functions and values should be replicated at the <br />location of the alteration; and <br />iv. Information demonstrating compliance with the requirements in KCC <br />17A.01.100 shall be submitted to the Director. <br />b. For alterations to frequently flooded areas and geologically hazardous areas, the <br />following minimum performance standards shall be met for the restoration of a critical <br />area, provided that, if the violator can demonstrate that greater safety can be <br />obtained, these standards may be modified: <br />i. The hazard shall be reduced to a level equal to, or less than, the pre- <br />development hazard; <br />ii. Any risk of personal injury resulting from the alteration shall be eliminated <br />or minimized; and <br />iii. The hazard area and buffers shall be replanted with native vegetation <br />sufficient to minimize the hazard. <br />4. Site Investigations. The Director is authorized to make site inspections and take such <br />actions as are necessary to enforce this Title, pursuant to KCC 18.01.060. <br />5. Penalties. Penalties for violating the provisions of this Title are specified in KCC 18.05. <br /> <br /> <br />17A.01.190 Severability <br />If any clause, sentence, paragraph, section, or part of this Title or the application thereof to any <br />person or circumstances shall be judged by any court of competent jurisdiction to be invalid, such <br />order or judgment shall be confined in its operation to the controversy in which it was rendered. The <br />decision shall not affect or invalidate the remainder of any part thereof and to this end the provisions <br />of each clause, sentence, paragraph, section, or part of this law are hereby declared to be <br />severable.
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