Ord-2021-016 - Laserfiche WebLink

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estimated cost of restorinq the functions and values of the critical area(s) that is at risk. The guarantee amount shall be based on an itemized cost estimate of the mitigation activity including clearing and qradino, plant materials. plant installation. irrioation, weed manaqement. monitorinq. and other costs.c. The financial quarantee may be in the form of a suretv bond. performance bond, assiqnment of savings account. an irrevocable letter of credit quaranteed by an acceptable financial institution. or other form acceptable to the Director. with terms and conditions acceptable to the Kittitas Countv attornev.d. The financial quarantee shall remain in effect until the Director determines, in writinq. that the standards bonded for have met. Financial ouarantees for wetland or stream compensatorv mitiqation shall be held for a minimum of five (5) vears after completion of the work to ensure that the required mitioation has been fullv implemented and demonstrated to function and mav be held for lonqer periods when necessary. e. Public develooment proposals shall be relieved from havino to comply with the bondinq requirements of this Section if public funds have previously been committed for mitigation. maintenance. monitoring. or restoration.f. Any failure to satisfy critical area requirements established bv law or condition. includinq but not limited to the failure to provide a monitorinq report within thirtv (30) davs after it is due or complv with other provisions of an approved mitiqation plan. shall constitute a default. and the Director may demand pavment of anv financial quarantees or require other action authorized bv Kittitas Countv code or anv other law.q. Anv funds recovered pursuant to this Section shall be used to complete the required mitiqation. Such funds shall not be deposited in the County General Fund. but rather provided with a separate account. The County will use such funds to arranqe for comoletion of the project or mitioation. and follow-up corrective actions.h. Depletion, failure. or collection of financial ouarantees shall not discharqe the obliqation of an applicant or violator to complete required mitioation. maintenance, monitorinq. or restoration.4. Mitiqation Bankinq and In-Lieu Fee Mitigation. The Countv mav approve mitiqation bankinq and/or in-lieu fee mitigation as a form of compensatorv mitiqation for wetland and fish and wildlife habitat conservation area when the orovisions of this Title reouire mitiqation and when the use of a mitiqation banldin-lieu fee proqram will provide equivalent or qreater replacement of critical area functions and values when compared to conventional permittee-responsible mitiqation. Mitiqation banks and in-lieu fee proqram shall onlv be used when it can be demonstrated that thev provide siqnificant ecoloqical benefits includinq lonq- term conservation of critical areas. important species. habitats and/or habitat linkaqes. and when thev are documented to provide a viable alternative to the piecemeal mitioation for individual project impacts to achieve ecosvstem-based conservation qoals. Mitiqation banks and in-lieu fee proorams shall not be used unless they are certified in accordance with aoplicable federal and state mitiqation rules and expressly authorized throuqh County leqislative action. 174.01.110 ReviewProcess 1. Administrative Procedures and Rules. The administrative procedures followed durinq the critical area review orocess shall conform to the standards and requirements of all development and alterations. This shall include, but not be limited to. timing. appeals, and fees associated with apolications covered by this Title.2. General Requirementsa. Submittal. Prior to the county's consideration of anv proposed alteration or development not found to be exempt under KCG 17A.01 .050. the applicant shall 14