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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
For May 4, 2010 BOS HearingTHIS THE CLERK OF THE BOARD FORMAT!!!explanation of all matters in dispute, and the Board, through the Chief Engineer, may require thesubmission of such additional information, as it deems necessary.B. Variance. Any property owner requesting a variance from the requirements of this Title shallsubmit a request for a variance to the Board through the Chief Engineer as provided in Chapter16.56 of this Title. relief from provisions of this title or from this chapter and/or a change to theadopted riparian maps shall request a variance through the Chief Engineer. The Chief Engineershall schedule a hearing before the Board on the request for a variance. For hydro/mesoriparianand Important Riparian Areas requiring Board approval, the Board may hold the request for avariance concurrently with the presentation of a proposed mitigation plan for approval. SeeChapters 16.56 of this title. (Ord. 2010 FC-1; 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 (G), 1988)16.30.080Riparian classification maps.A. Riparian classification maps shall be adopted by resolution of the Board and shall detail on aparcel level, the general location of riparian habitat and Important Riparian Areas subject to therequirements of this chapter.B. Where a question arises as to the location of any regulated riparian habitat or ImportantRiparian Area, the question shall be decided by the Chief Engineer consistent with riparianhabitat standards adopted by the Board in consultation with the Zoning Administrator. The ChiefEngineer's decision shall be final, except as provided for in Chapter 16.564 of this title. Anyperson contesting the location of any boundary shall be given a reasonable opportunity to presenttechnical evidence, if so desired.C. The riparian classification maps shall be kept on file and made available to the public in theoffices of the District. (Ord. 2005 FC-2 § 2 (part), 2005; Ord. 1999 FC-1 § 1 (part), 1999; Ord.1995 FC-1 §§ 1, 2, 1995)53
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underline-strikeout version of the final draft ordinance - Pima County ...

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