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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. The proposal protects the critical area functions and values consistent with the best <br />available science and results in no net loss of critical area functions and values: and <br />e. The proposal is consistent with other applicable regulations and standards.2. The county mav condition the proposed alteration or development as necessary to mitiqate <br />impacts to critical areas and to conform to the standards required by this Title.3. Determination. The Director will determine if the proposed alteration or development meets <br />the criteria in KCC 17A.01.150(1) and complies with the applicable provisions of this Title. <br />The Director shall prepare a written notice of determination and identifv anv required <br />conditions of approval.a. lf a proposed alteration or development is approved under this Title a notice of <br />determination and conditions of approval shall be included in the proiect file. be <br />considered in the next ohase of the review of the proposed alteration or <br />development in accordance with anv other apolicable codes and requlations. and <br />shall be attached to the underlyinq oermit or approval.i. Any subsequent chanqes to the conditions of approval shall void the orevious <br />determination pendinq re-review of the proposal and conditions of aoproval <br />by the director. <br />ii. A favorable determination should not be construed as endorsement or <br />approval of any underlving permit or approval.b. lf a proposed alteration or development is reiected due to not adequatelv mitiqatinq <br />its impacts on the critical area(s) and/or does not complv with the criteria in KCC <br />174.01 .150(1 ). and the provisions of this Title, the Director shall prepare a written <br />notice of the determination that includes findinqs of noncompliance.i. No proposed alteration. development, or permit shall be approved or issued if <br />it is determined that the proposed activity does not adequatellUnitioate its <br />impacts on the critical area(s) and/or does not comply with the provisions of <br />this Title.ii. Upon receivinq a notice of determination that includes findinos of <br />noncompliance. the applicant may reouest consideration of a revised critical <br />areas report. <br />iii. lf the revision is found to be substantial and relevant to the critical area <br />review. the Director mav reopen the critical area review and make a new <br />etermination based on revt <br />4. The Countv's determination reoardino criti I areas pursuant to this Title shall be concurrent <br />with the final decision to approve. condition. or denv the development oroposal or other <br />alteration involved. <br />1 7A.01.170 Enforcement <br />1. Generallv. When a critical area or its buffer has been altered in violation of this Title, all <br />onqoino development work shall stop. and the critical area and buffer shall be restored. The <br />Countv shall have the authoritv to issue a stop work order to cease all onqoino development <br />work. and order restoration, rehabilitation, or replacement measures at the owner's or other <br />responsible partv's expense to compensate for violation of provisions of this Title.2. Requirement for Restoration Plan. All development work shall remain stopped until a <br />restoration plan is prepared and approved by the County. Such a plan shall be prepared bv a <br />qualified orofessional usinq best available science and shall describe how the actions <br />proposed meet the minimum requirements described below. lnadequate plans shall be <br />returned to the applicant or violator for revision and resubmittal. The County may consult with <br />aqencies of expertise to ensure plan adequacv.3. Minimum Performance Standards for Restoration <br />a. For alterations to critical aquifer recharoe areas. frequently flooded areas. wetlands. <br />and fish and wildlife habitat conservation areas. the followino minimum performance <br />17
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