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Kittitas County, WA $ r7A.01.1s0 CRITICALAREAS $ r7A.0r.r70 2. The county may condition the proposed alteration or development as necessary to mitigate 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 the criteria in KCC $ 17A.01.150(1) and complies with the applicable provisions of this Title. The Director shall prepare a written notice of determination and identify any required conditions of approval. a. If a proposed alteration or development is approved under this Title a notice of determination and conditions ofapproval shall be included in the project file, be considered in the next phase of the County's review of the proposed alteration or development in accordance with any other applicable codes and regulations, and shall be attached to the underlying permit or approval. i. Any subsequent changes to the conditions of approval shall void the previous determination pending re-review of the proposal and conditions of approval by the director. ii. A favorable determination should not be construed as endorsement or approval of any underlying permit or approval. b. If a proposed alteration or development is rejected due to not adequately mitigating its impacts on the critical area(s) andlor does not comply with the criteria in KCC $ 17A.01 .150(1), and the provisions of this Title, the Director shall prepare a written notice of the determination that includes findings of noncompliance. i. No proposed alteration, development, or permit shall be approved or issued if it is determined that the proposed activity does not adequately mitigate its impacts on the critical area(s) and/or does not comply with the provisions of this Title. ii. Upon receiving a notice of determination that includes findings of noncompliance, the applicant may request consideration ofa revised critical areas report. iii. If the revision is found to be substantial and relevant to the critical area review, the Director may reopen the critical area review and make a new determination based on the revised report. 4. The County's determination regarding critical areas pursuant to this Title shall be concurrent with the final decision to approve, condition, or deny the development proposal or other alteration involved. (Ord.2021-016,2021) $ 17A.01.170. Enforcement. 1. Generally. When a critical area or its buffer has been altered in violation of this Title, all ongoing development work shall stop, and the critical area and buffer shall be restored. The County shall have the authority to issue a stop work order to cease all ongoing development work, and order restoration, rehabilitation, or replacement measures at the owner's or other responsible party's expense to compensate for violation of provisions of this Title. 2. Requirement for restoration plan. All development work shall remain stopped until a restoration plan is prepared and approved by the County. Such a plan shall be prepared by a qualified professional using best available science and shall describe how the actions proposed meet the minimum requirements described below. Inadequate plans shall be returned to the applicant or violator for revision and resubmittal. The County may consult with agencies of expertise to ensure plan adequacy. Downloaded from https://ecode360.com/Kl6857 on 2025-05-15