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19.07.080 General provisions.
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A. Hold Harmless/Indemnification Agreement and Covenant Not to Sue, Performance Guarantees, Performance Bonds, Insurance. An applicant for a permit within a critical area shall comply with the requirements of MICC 19.01.060.

B. Timing. All alterations or mitigation to critical areas shall be completed prior to the final inspection and occupancy of a project.

C. Maintenance and Monitoring.

1. Maintenance and monitoring shall be required for at least five years from the date of project completion if the code official determines such condition is necessary to ensure mitigation success and critical area protection.

2. A bond or assignment of funds pursuant to MICC 19.01.060(C) may be required to guarantee that approved mitigation plans will be undertaken and completed to the city’s satisfaction.

3. When monitoring is required, site visits and reporting shall be required two times per year for each of the first two years and once every 12 months for the subsequent years of the monitoring period.

4. Where monitoring reveals a significant difference from predicted impacts or a failure of protection measures, the applicant shall be responsible for appropriate corrective action, which may be subject to further monitoring.

D. Compliance with Mitigation Requirements. In cases where mitigation has been completed, but no monitoring reports have been submitted to the city, the applicant shall submit as-built drawings and yearly monitoring reports to the city until at least two consecutive annual reports document that all performance standards from the approved mitigation plan have been met.

E. Seasonal Limitations. Land clearing, grading, filling, and foundation work may be limited to only certain times of year, pursuant to MICC 19.07.160(F)(2).

F. Suspension of Work. If the alteration does not does not comply with the permit or applicable codes, including controls for water quality, erosion and sedimentation, the city may suspend further work on the site until such standards are met. Compliance with all requirements of this chapter is required pursuant to MICC 19.15.210.

G. A critical area study, as described in MICC 19.07.110, completed over five years prior to application submittal date, shall be field verified by a qualified professional to determine whether the study accurately provides information required by the code, and, if not, the study shall be updated or completed according to the current best available science. (Ord. 19C-05 § 1 (Exh. A)). (Ord. 19C-05 § 1 (Exh. A), 2019.)

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