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14.255.080 Mitigation Plan Requirements.
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If the City allows conformance with this Critical Areas Code’s substantive requirements to be achieved by mitigation as provided for by the Code, a mitigation plan shall be required. The critical area report shall include a mitigation plan consisting of the following elements. Mitigation plans for specific critical areas, as described in Chapters 14.260 through 14.280 SMC, may require additional elements specific to those types of critical areas:

A. An analysis of the anticipated impacts;

B. A strategy for mitigating the impacts, including site selection factors;

C. An analysis of the anticipated functions and values that will result from the mitigation, including an assessment of risks;

D. A review of the best available science relative to the proposed mitigation;

E. Specific standards for evaluating whether the mitigation is successful;

F. Detailed construction plans, including:

1. Construction timing;

2. Grading and excavation details;

3. Erosion and sediment control features;

4. Planting plan; and

5. Measures to protect plants until established;

G. A program for monitoring the mitigation over at least five (5) years; provided, that ten (10) years of monitoring may be required to ensure successful establishment of all trees and woody shrubs unless specifically stated otherwise in the chapter corresponding to the type of critical area. Sureties shall be required as described below to ensure compliance with the mitigation and monitoring program requirements. The monitoring program shall include information about the cost basis used to calculate surety amounts.

1. Performance Surety. All critical area mitigation and buffer enhancements shall be completed prior to final plat approval and/or building occupancy depending on the type of application. However, when improvement cannot be completed prior to final acceptance due to weather conditions which may negatively affect the success of the project, a performance surety may be used. The surety shall equal one hundred fifty (150) percent of the cost of the mitigation project, and the required improvements shall be installed in a satisfactory manner within six (6) months or less.

2. Maintenance Surety. A maintenance surety shall be required on all mitigation and enhancement projects to ensure that the improvement successfully survives the monitoring periods set above.

a. The amount of the maintenance surety shall be equal to fifty (50) percent of the total cost of the mitigation plan as approved by the City.

b. The term of the surety shall reflect that of the approved monitoring program.

c. The amount of the surety may be reduced after years three (3) and/or seven (7) of the monitoring period if new cost estimates are provided and approved by the Planning Director.

H. Potential corrective measures should the monitoring indicate standards are not being met. (Ord. 2368, 2019. Formerly 14.255.100)

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