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Ord-2021-016
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2021-12-07 10:00 AM - Commissioners' Agenda
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Ord-2021-016
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Last modified
12/9/2021 3:06:41 PM
Creation date
12/9/2021 3:05:21 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
Fully Executed Version
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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d. Effect of Director's Determination. A determination reoardinq the apoarent absence <br />of one or more critical areas by the director is not an expert certification regarding the <br />presence of critical areas and the determination is subject to possible reconsideration <br />and reopening if new information is received. lf the applicant wants oreater <br />assurance of the accuracy of the critical area review determination. the applicant <br />mav choose to hire a qualified professionalto provide such assurances. <br />3. Request for Technical Assistance. The Director mav enqaqe technical consultants or <br />aqencies with expertise to provide third oartv review and interpret critical area data and <br />findinqs submitted bv or on behalf of the applicant in instances where Countv staff lack the <br />resources or expertise to review these materials. An applicant mav be required to pav for or <br />reimburse the Countv for the review costs incurred.4. Pre-Qualification of Consultants. The Director may prepare and maintain a list of qualified <br />technical consultants and firms that meet the qualified orofessional standards detailed in <br />KCC 17A.01.610. Any proposed consultant whose name is not on the list mav submit a <br />statement of qualifications includinq information on experience in the preparation of critical <br />area studies. years of experience. and sample work. Upon approval of the submitted <br />qualifications. the Director shall add the name to the list of qualified consultants. The Director <br />mav reiect data and findinqs from non-pre-qualified consultants or require a third-partv <br />review per KCC 17A.01.110.3. <br />17A.01.120 Relationships to Other Resulations <br />1. This Title shall applv as an overlav and in addition to zoninq and other requlations adopted <br />bv the County. <br />2. Anv individual critical area adjoined bv another tvpe of critical area shall have the buffer and <br />meet the requirements that provide the most protection to the critical areas involved. When <br />anv existino requlations, easement, covenant. or deed restriction conflicts with this Title that <br />which provides more protection to the critical area shall apply.3. These critical areas requlations shall apply concurrently with review conducted under the <br />State Environmental Policv Act (SEPA). as locallv adopted.4. Compliance with the provisions of this Title does not constitute compliance with other federal. <br />state. and local reoulations and permit requirements that may be required (for example, <br />Hvdraulic Proiect Approval [HPA] permits. Section 106 of the National Historic Preservation <br />Act. U.S. Armv Corps of Enqineers Section 404 permits. National Pollution Discharqe <br />Elimination Svstem permits). The applicant is responsible for complvinq with these <br />requirements. apart from the process established in this Title. <br />17A.01.130 Best Available Science <br />Critical areas reports and decisions to alter critical areas shall be based on the most current best <br />available science to protect the functions and values of critical areas in Kittitas County. <br />17A.01.150 Gritical Areas Report Review and Determination <br />1. The director shall make a determination as to whether the proposed alteration or <br />development and associated mitiqation. if anv. is consistent with the provisions of thisTitle. <br />The director's determination shall be based on the followinq criteria: <br />a. The proposal minimizes the impact on critical areas in accordance with KGC <br />1 7A.01.1 00. Critical Areas Mitiqation: <br />b. The proposal is consistent with the oeneral purposes of this Title:c. Any alterations permitted to the critical area(s) are mitiqated in accordance with this <br />Title's mitiqation requirement sections dependinq on the tyoe of critical area(s) <br />impacted: <br />16
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