underline-strikeout version of the final draft ordinance - Pima County ...

For May 4, 2010 BOS HearingTHIS THE CLERK OF THE BOARD FORMAT!!!C. Mitigation Plan Requirement. The mitigation plan shall delineate all mitigation measures tobe taken by the owner and shall include a schedule of completion. The mitigation plan shall beconsistent with any riparian habitat mitigation standards adopted by the Board, and shall beprepared in accordance with best available scientific or management practices. Mitigation maybe incorporated into measures taken to satisfy other requirements of the District and County.Where appropriate, the mitigation plan shall at a minimum provide for:1. Construction methods that identify and protect riparian habitat that is to be left unaltered;2. Selective clearing or other habitat manipulation;3. Replacement of affected vegetation with appropriate plant species in ratios that will result insimulation of the pre-alteration vegetation within 5 years;4. Irrigation with passive water harvesting, where possible, or installation and maintenance ofirrigation methods until plantings are established;5. Periodic monitoring of mitigation features;6. Maintenance and replacement of damaged plantings; and7. Posting a performance bond or financial assurances.D. Mitigation Banking, or other alternative mitigation measures as approved by the Board. At therequest of the property owner, and with Board approval, the mitigation plan requirement underthis chapter may be waived by contributing funds to an account established and administered bythe District for the purpose of offsetting damage to riparian habitat. (Ord. 2005 FC-2 § 2 (part),2005)16.30.060Review process.The application and any proposed mitigation plan shall be evaluated by their effectiveness in:A. Avoiding the impact;B. Minimizing the impact;C. Rectifying the impact;D. Reducing or eliminating the impact over time; andE. Compensating for the impact. (Ord. 2005 FC-2 § 2 (part), 2005; Ord. 1999-FC-1 § 1 (part)1999; Ord. 1994 FC-2 (part), 1994: Ord. 1988 FC-2 Art. 10 (F), 1988)16.30.070Appeals and variances.A. Appeals: Any applicant disputing a written finding of the Chief Engineer may appeal to theBoard as provided in Chapter 16.56 of this Title. Any property owner appealing any writtendecision concerning the interpretation of adopted riparian maps, or administration of this chapter,or requesting a waiver to mitigation standards, shall first appeal in writing to the Chief Engineerwithin 30 days from receipt of the written decision.1. The Chief Engineer will respond within 15 days after the filing by an applicant with a finalresponse not more than 45 days following the initial response.2. Within 10 working days of receipt of the written appeal, the Chief Engineer may meet with theproperty owner and request such additional information as is deemed necessary in order to renderhis written decision.3. Any property owner aggrieved by the written decision of the Chief Engineer may file apetition with the Clerk of the Board within 30 days from receipt of the decision of the ChiefEngineer to appeal the Chief Engineer's decision to the Board. The appeal shall contain a detailed52