16.55.350 General Regulations | Pullman City Code

16.55.350 General Regulations.

(a) The purpose of this Chapter is to designate and classify ecologically sensitive and hazardous areas within shoreline jurisdiction and to protect these areas and their functions and values, while also allowing for reasonable use of private property.

(b) This Chapter is established to implement the goals, policies, guidelines, and requirements of the City of Pullman Comprehensive Plan, the Shoreline Management Act, and the Growth Management Act.

(c) The City finds that critical areas provide a variety of valuable and beneficial biological and physical functions that benefit the City and its residents, and/or may pose a threat to human safety or to public and private property. The beneficial functions and values provided by critical areas include, but are not limited to, water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage; conveyance and attenuation; ground water recharge and discharge; erosion control; wave attenuation; protection from hazards; historical, archaeological, and aesthetic value protection; and recreation. These beneficial functions are not listed in order of priority.

(d) By identifying development impacts to critical areas, this Chapter seeks to:

(i) Protect members of the public, public resources, and facilities from injury, loss of life, or property damage due to landslides and steep slope failures, erosion, seismic events, volcanic eruptions, or flooding;

(ii) Protect unique, fragile, and valuable elements of the environment, including ground and surface waters, wetlands, and fish and wildlife and their habitats;

(iii) Direct activities not dependent on critical area resources to less ecologically sensitive sites and mitigate unavoidable impacts to critical areas by regulating alterations in and adjacent to critical areas; and,

(iv) Prevent cumulative adverse environmental impacts to water quality, wetlands and fish and wildlife habitat, and the overall net loss of wetlands, frequently flooded areas and habitat conservation areas.

(e) This Chapter is intended to protect critical areas in accordance with the Shoreline Management Act and through the application of the most current, accurate, and complete scientific and technical information available, and in consultation with state and federal agencies and other qualified professionals.

(f) This Chapter is to be administered with flexibility and attention to site-specific characteristics. It is not the intent of this Chapter to make a parcel of property unusable by denying its owner reasonable economic use of property.

(g) The City’s enactment or enforcement of this Chapter shall not be construed for the benefit of any individual person or group of persons other than the general public.

(a) The SMP Administrator is given the authority to administer and enforce the provisions of this Chapter to accomplish the stated purpose.

(b) The City shall not approve any shoreline development permit or subdivision, or otherwise issue any authorization to alter the condition of any land, water, or vegetation, or to construct or alter any structure or improvement in, over, or on a critical area or associated buffer, without first assuring compliance with the requirements of this Chapter.

(c) The provisions of this Chapter shall apply to all lands, all land uses and development activity, and all structures and facilities in the City’s shoreline jurisdiction, whether or not a development permit or other authorization is required and shall apply to every person, firm, partnership, corporation, group, governmental agency, or other entity that owns, leases, or administers land within the City’s shoreline jurisdiction. No person, company, agency, or applicant shall alter a critical area or buffer in shoreline jurisdiction except as consistent with the purposes and requirements of this Chapter.

(d) Approval of a development permit pursuant to the provisions of this Chapter does not discharge the obligation of the applicant to comply with the provisions of this Chapter.

(a) These critical area regulations shall apply as an overlay to the City’s zoning code (Title 17) and other applicable regulations adopted by the City, including but not limited to design standards, building code, and State Environmental Policy Act (SEPA) procedures.

(b) These critical area regulations shall apply concurrently with review conducted under SEPA, as locally adopted.

(c) Any individual critical area adjoined by another type of critical area shall meet the requirements that provide the most protection to the critical areas involved. When any provision of this Chapter or any existing regulation, easement, covenant, or deed restriction conflicts with this Chapter, that which provides more protection to the critical areas shall apply.

(d) Compliance with the provisions of this Chapter does not constitute compliance with other federal, state, and local regulations and permit requirements that may be required (for example, HPA permits, Army Corps of Engineers Section 404 permits). The applicant is responsible for complying with these requirements, apart from the process established in this Chapter. Where applicable the SMP Administrator will encourage use of information such as permit applications to other agencies or special studies prepared in response to other regulatory requirements to support required documentation submitted for critical areas review.

(4) Appeals. Any aggrieved party may appeal final decisions of the SMP Administrator regarding critical area reports required under Subsections 16.55.350(10), 16.55.360(4), and 16.55.400(2). An appeal of such decisions shall be heard by the Hearing Examiner in accordance with the procedures set forth in Sections 16.55.120 (Administrative Authority and Responsibility), 16.55.130 (Administration), and 16.39.170 (Appeals). Each appeal filed under Subsection 16.55.350(4) shall be accompanied by a filing fee in such sum as the City Council may set by resolution.

(5) Interpretation. The SMP Administrator may, acting on his or her own initiative or in response to an inquiry, issue interpretations of any provision of this Chapter. The SMP Administrator shall base his or her interpretations on the defined or common meaning of the words of the provision and the general purpose of the provision. In the interpretation and application of this ordinance, the provisions of this Chapter shall be considered to be the minimum requirements necessary, shall be liberally construed to serve the purpose of this ordinance, and shall be deemed to neither limit nor repeal any other provisions under state statute.

(a) The City shall regulate all uses, activities, and developments within, adjacent to, or likely to affect, one or more critical areas within shoreline jurisdiction, consistent with the most current, accurate, and complete scientific information available, and the provisions contained within this Chapter.

(b) Critical areas regulated by this Chapter include:

(i) Wetlands (16.55.360);

(ii) Critical aquifer recharge areas (16.55.370);

(iii) Frequently flooded areas (16.55.380);

(iv) Geologically hazardous areas (16.55.390); and

(v) Fish and wildlife habitat conservation areas (16.55.400).

(c) All areas within the City’s shoreline jurisdiction meeting the definition of one or more critical areas, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this Chapter.

(7) Protection of Critical Areas. Any action taken pursuant to this Chapter shall result in equivalent or greater functions and values of the critical areas associated with the proposed action, as determined by the most current, accurate, and complete scientific information available. All actions and developments shall be designed and constructed in accordance with the mitigation sequencing requirements in Subsection 16.55.250(2)(d) to avoid, minimize and restore all adverse impacts. Applicants must first demonstrate an inability to avoid or reduce impacts before restoration and compensation of impacts will be allowed. No activity or use shall be allowed that results in a net loss of the functions or values of critical areas.

(a) Process. The SMP Administrator shall allow activities that are verified to comply with this Chapter, provided the appropriate Shoreline Permit or Letter/Statement of Exemption is obtained, if required. Documentation of allowed activities shall be maintained on file at the department.

(b) Allowed Activities Shall Avoid Impacts to Critical Areas. All allowed activities shall use reasonable methods to avoid potential impacts to critical areas, using best management practices that result in the least amount of impact to the critical areas where practicable. Designation as an allowed activity does not give permission to degrade a critical area or ignore risk from natural hazards. Best management practices shall be used for tree and vegetation protection, construction management, erosion and sedimentation control, water quality protection, and regulation of chemical applications. The City shall observe the use of best management practices to ensure that the activity does not result in degradation to the critical area. Any incidental damage to, or alteration of, a critical area that is not a necessary outcome of the exempted activity shall be restored, rehabilitated, or replaced at the responsible party’s expense.

(c) The following activities shall be allowed in critical areas and their buffers without a critical areas report, provided they are otherwise consistent with applicable local, state, and federal laws; they are conducted using best management practices and at a time and in a manner designed to minimize adverse impacts to the critical area. If a proposed or unauthorized activity does not meet the qualifications specified for that activity in this Subsection, it shall be addressed through the general regulations set forth in Subsection 16.55.350(9) or the enforcement provisions set forth in Section 16.55.140, as applicable. Allowed activities are as follows:

(i) Emergencies. Emergency activities are those activities necessary to prevent an immediate threat to public health, safety, or welfare, or those that pose an immediate risk of damage to private property and that require remedial or preventative action in a time frame too short to allow for compliance with the requirements of this Chapter. Emergency actions in shoreline jurisdiction that create an impact to a critical area or its buffer shall use reasonable methods to address the emergency; in addition, they must have the least possible impact to the critical area or its buffer. The person or agency undertaking such action shall notify the SMP Administrator within one working day following commencement of the emergency activity. Within 30 days, the SMP Administrator shall determine if the action taken was within the scope of the emergency actions allowed in this Paragraph. If the SMP Administrator determines that the action taken, or any part of the action taken, was beyond the scope of an allowed emergency action, then provisions of Section 16.55.140 (Enforcement, Violations and Penalties) and 16.55.350(17) (Unauthorized Critical Area Alterations and Enforcement) shall apply. After the emergency, the person or agency undertaking the action shall fully restore and/or mitigate any impacts to the critical area and buffers resulting from the emergency action in accordance with the critical area report and mitigation plan. The person or agency undertaking the action shall apply for review, and the critical area report and mitigation plan shall be reviewed by the SMP Administrator in accordance with the review procedures contained herein. Restoration and/or mitigation activities must be initiated within one year of the date of the emergency, and completed in a timely manner;

(ii) Operation, Maintenance or Repair. Operation, normal and routine maintenance or repair of existing structures, infrastructure improvements, utilities, public or private roads, dikes, levees or drainage systems that do not require a development permit, if the activity does not further alter or increase the impact to, or encroach further within, the critical area or buffer and there is no increased risk to life or property as a result of the proposed operation, maintenance, or repair;

(iii) Passive Outdoor Activities. Recreation, education, and scientific research activities that do not degrade the critical area, including fishing, hiking, and bird watching;

(iv) Permit Requests Subsequent to Previous Critical Area Review. Development permits that involve both discretionary land use approvals (such as subdivisions, rezones, or conditional use permits), and construction approvals (such as building permits) if all of the following conditions have been met:

aa. the provisions of this Chapter have been previously addressed as part of another approval;

bb. there have been no material changes in the potential impact to the critical area or buffer since the prior review;

cc. there is no new information available that is applicable to any critical area review of the site or particular critical area;

dd. the permit or approval has not expired or, if no expiration date, no more than five years has elapsed since the issuance of that permit of approval; and

ee. compliance with any standards or conditions placed upon the prior permit or approval has been achieved or secured;

(v) Modification to Existing Structures. Structural modification of, addition to, or replacement of an existing legally constructed structure that does not further alter or increase the impact to the critical area or buffer and there is no increased risk to life or property as a result of the proposed modification or replacement, provided that restoration of structures substantially damaged by fire, flood, or act of nature must be initiated within one year of the date of such damage, as evidenced by the issuance of a valid building permit, and diligently pursued to completion;

(vi) Activities within the Improved Right-of Way. Replacement, modification, installation, or construction of utility facilities, lines, pipes, mains, equipment, or appurtenances, not including substations, when such facilities are located within the improved portion of the public right-of-way or a City authorized private roadway, except those activities that alter a wetland or watercourse (such as culverts or bridges) or result in the transport of sediment or increased stormwater;

(vii) Planting of Vegetation. Planting of vegetation within a critical area or its buffer, provided a landscaping plan for this activity has been approved by the City;

(viii) Conservation Activities. Conservation, restoration, or preservation of soil, water, vegetation, fish, and other wildlife that does not entail changing the structure or functions of the existing critical area;

(ix) Pedestrian/Bicycle Trails. Pedestrian/bicycle trails that are located in buffer areas but not within wetlands or habitat conservation areas, where the trail surface meets all other requirements including water quality standards set forth in the City’s Design Standards;

(x) Select Vegetation Removal Activities. Select vegetation removal activities are allowed. Accepted vegetation removal activities include: a) removing and controlling invasive or noxious weeds; b) harvesting wild crops in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling of soil, planting of crops, or alteration of the critical area by changing existing topography, water conditions, or water sources; c) removing trees that are hazardous, posing a threat to public safety, or posing an imminent risk of damage to private property; or d) removing vegetation to control a fire or halt the spread of disease or damaging insects consistent with the State Forest Practices Act (Chapter 76.09 RCW). Unless otherwise provided or as a necessary part of an approved alteration, removal of any vegetation or woody debris from a habitat conservation area or wetland shall be prohibited;

(xi) Chemical Applications. The application of herbicides, pesticides, organic or mineral-derived fertilizers, or other hazardous substances, if necessary, provided that their use shall be conducted in accordance with applicable state and federal law;

(xii) Minor Site Investigative Work. Work necessary for land use submittals, such as surveys, soil logs, percolation tests, and other related activities, where such activities do not require construction of new roads or significant amounts of excavation. In every case, impacts to the critical area shall be minimized and disturbed areas shall be immediately restored; and

(xiii) Boundary Markers. Installation or modification of boundary markers.

(9) General Regulations. Shoreline permits or shoreline exemptions, and any other City-required permits, for activities within critical areas in shoreline jurisdiction, shall be subject to review under provisions of this Chapter.

(a) As part of this review, the City shall:

(i) Verify the information submitted by the applicant;

(ii) Evaluate the project area and vicinity for critical areas;

(iii) For wetlands or habitat conservation areas, require that their boundaries be verified by a qualified professional, and require that a map of such boundaries be submitted to the SMP Administrator as part of the application for the applicable development permit if the project is within 200 feet of a wetland or habitat conservation area for which the boundaries have not been certified and depicted on the City critical area maps; and

(iv) Determine whether the proposed project is likely to impact the functions or values of critical areas.

(b) If the SMP Administrator determines that the proposed project is likely to impact a critical area, the SMP Administrator shall:

(i) Notify the applicant that a critical area report must be submitted prior to further review of the project, and indicate each of the critical area types that should be addressed;

(ii) Require a critical area report from the applicant that has been prepared by a qualified professional;

(iii) Review and evaluate the critical area report to determine whether the development proposal conforms to the purposes and standards of this Chapter;

(iv) Assess potential impacts to the critical area and determine if they are necessary and unavoidable;

(v) Determine if any mitigation proposed by the applicant is sufficient to protect the functions and values of the critical area and public health, safety, and welfare concerns consistent with the purpose, intent, and requirements of this Chapter; and

(vi) Prepare a written summary of the analysis and findings demanded within this Subsection prior to the City’s decision on the applicable development permit. This summary may take the form of a letter to the applicant. Critical area review findings may result in: a) no adverse impacts to critical areas, b) a list of critical areas protection conditions for the applicable development permit, or c) denial of the applicable development permit based upon unavoidable impacts to critical areas functions and values.

(a) For those projects determined by the SMP Administrator or designee likely to have an impact to the critical areas, the applicant shall submit a critical areas report identifying the precise limits of the critical area and its function and resource value as part of the application. The study report shall be prepared by experts with demonstrated qualifications in the area of concern and shall apply the most current, accurate, and complete scientific and technical information available as part of its analysis.

(b) At a minimum, the critical area report shall contain the following:

(i) The name and contact information of the applicant, a description of the proposal, and identification of the development permit(s) requested;

(ii) A copy of the site plan for the development proposal showing:

aa. Identified critical areas, buffers, and the development proposal with dimensions;

bb. Limits of any areas to be cleared; and

cc. A proposed stormwater management plan for the development consistent with the current edition of the City’s Design Standards;

(iii) The names and professional qualifications of the persons preparing the critical area report and documentation of any fieldwork performed on the site;

(iv) Identification and characterization of all critical areas, wetlands, water bodies, and buffers adjacent to the proposed project area;

(v) A statement specifying the accuracy of the report, and all assumptions made and relied upon;

(vi) An assessment of the probable cumulative impacts to critical areas resulting from development of the site and the proposed development;

(vii) A description of reasonable efforts made to apply mitigation sequencing pursuant to Subsection 16.55.250(2)(d) to avoid, minimize, or mitigate impacts to critical areas;

(viii) Plans for adequate mitigation, as needed, to offset any impacts, in accordance with Subsections 16.55.350(11) through 16.55.350(13);

(ix) A discussion of the standards applicable to the critical area and proposed activity; and

(x) Financial guarantees to ensure compliance, if applicable.

(c) Additional Information. Additional information is required for critical area reports related to wetlands and habitat conservation areas pursuant to applicable wetlands standards (Section 16.55.360) and habitat conservation area standards (Section 16.55.400).

(d) Limitations to Study Area. The SMP Administrator may limit the required geographic area of the critical area report as appropriate if:

(i) The applicant, with assistance from the City, cannot obtain permission to access properties adjacent to the project area; or

(ii) The proposed activity will affect only a limited part of the subject site.

(e) Modifications to Required Contents. The applicant may consult with the SMP Administrator prior to or during preparation of the critical area report to obtain concurrence on modifications to the required contents of the critical area report where, in the judgment of a qualified professional, more or less information is required to adequately address the potential critical area impacts and required mitigation.

(f) Reports Previously Prepared. A critical area report may be supplemented by or composed, in whole or in part, of any reports or studies required by other laws and regulations or previously prepared for and applicable to the development proposal site, as approved by the SMP Administrator.

(a) The applicant shall avoid all impacts that degrade the functions and values of a critical area or areas. Unless otherwise provided in this Chapter, if alteration to the critical area is unavoidable, all adverse impacts to or from critical areas and buffers resulting from a development proposal or alteration shall be mitigated in accordance with the critical area report and SEPA documents.

(b) Mitigation shall be in-kind and on-site, when possible, and sufficient to maintain the functions and values of the critical area, and to prevent risk from a hazard posed by a critical area.

(c) Except as otherwise allowed by this Chapter, mitigation shall not be implemented until: a) the SMP Administrator has approved a critical area report that includes a mitigation plan, and b) the City has approved the applicable development permit.

(12) Mitigation Sequencing. Applicants shall demonstrate that all reasonable efforts have been examined with the intent to avoid and minimize impacts to critical areas. When an alteration to a critical area is proposed, such alteration shall be avoided, minimized, or compensated for as specified in Subsection 16.55.250(2)(d).

(13) Mitigation Plan Requirements. When mitigation is required, the applicant shall submit to the SMP Administrator a mitigation plan as part of the critical area report. The mitigation plan shall include:

(a) Environmental Goals and Objectives. The mitigation plan shall include a written narrative identifying environmental goals and objectives of the compensation proposed and including:

(i) A description of the anticipated impacts to the critical areas and the mitigating actions proposed and the purposes of the compensation measures, including the site selection criteria, identification of compensation goals, identification of resource functions, and dates for beginning and completion of site compensation construction activities; the goals and objectives shall be related to the functions and values of the impacted critical area;

(ii) A review of the most current, accurate, and complete scientific and technical information available supporting the proposed mitigation and a description of the critical area report author’s experience to date in restoring or creating the type of critical area proposed; and

(iii) An analysis of the likelihood of success of the compensation project.

(b) Performance Standards. The mitigation plan shall establish performance standards to meet the environmental goals and objectives required in this Section.

(c) Detailed Construction Plans. The mitigation plan shall include written specifications and descriptions of the mitigation proposed, such as:

(i) The proposed construction sequence, timing, and duration;

(ii) Grading and excavation details;

(iii) Erosion and sediment control features;

(iv) A vegetation planting plan specifying plant species, quantities, locations, size, spacing, and density; and

(v) Measures to protect and maintain plants until established.

These written specifications shall be accompanied by detailed site diagrams, scaled cross-sectional drawings, topographic maps showing slope percentage and final grade elevations, and/or other drawings appropriate to show construction techniques or anticipated final outcomes.

(d) Monitoring Program. The mitigation plan shall include a program for monitoring construction of the compensation project, and for assessing a completed project. The plan shall provide for the preparation of a compliance report by a qualified professional indicating that the mitigation measures proposed in the mitigation plan have been effected. A protocol shall also be included outlining the schedule for site monitoring in years 1, 3, and 5 after site construction, and how the monitoring data will be evaluated to determine if the performance standards are being met. A monitoring report shall be submitted as needed to document milestones, successes, problems, and contingency actions of the compensation project.

(e) Contingency Plan. The mitigation plan shall include identification of potential courses of action, and any corrective measures to be taken if monitoring or evaluation indicates project performance standard are not being met.

(f) Financial Guarantees. The mitigation plan shall include financial guarantees, if necessary, to ensure that the mitigation plan is fully implemented. Financial guarantees ensuring fulfillment of the compensation project, monitoring program, and any contingency measures shall be posted in accordance with Subsection 16.55.350(18).

(a) The City may encourage and facilitate innovative mitigation projects. Advance mitigation or mitigation banking are examples of alternative mitigation projects allowed under the provisions of this Section where one or more applicants, or an organization with demonstrated capability, may undertake a mitigation project together if it is demonstrated that all of the following circumstances exist:

(i) Creation or enhancement of a larger system of critical areas and open space is preferable to the preservation of many individual habitat areas;

(ii) The group demonstrates the organizational and fiscal capability to act cooperatively;

(iii) The group demonstrates that long-term management of the habitat area will be provided; and

(iv) There is a clear potential for success of the proposed mitigation at the identified mitigation site.

(b) Conducting mitigation as part of a cooperative process does not reduce or eliminate the required replacement ratios.

(c) Innovative mitigation projects as described in this Section may, at the discretion of the SMP Administrator, be exempted from the timing requirements set forth in Subsection 16.55.350(11)(c).

(15) Critical Area Markers and Signs. The critical area or buffer shall be identified with temporary signs prior to any site alteration. Such temporary signs may be replaced with permanent signs, as determined appropriate by the SMP Administrator. The Administrator may also require that fencing be installed or native vegetation be planted or retained at a site to delineate and protect critical areas and/or their buffers.

(16) Building Setbacks. Unless otherwise provided by means of an approved critical area report or the provisions of this Chapter, buildings and other structures shall be set back a minimum of 15 feet from the edges of all critical area buffers or from the edges of all critical areas, if no buffers are required. The following may be allowed in the building setback area:

(a) Landscaping;

(b) Uncovered decks;

(d) Impervious ground surfaces, such as driveways, parking areas, and patios, provided that such improvements are constructed in accordance with the City’s Design Standards.

(a) Unauthorized Alteration. When a critical area or its buffer has been altered in violation of this Chapter, the City shall have the authority to issue a stop work order to cease all ongoing development work, and order restoration, rehabilitation, replacement, or, where determined appropriate by the SMP Administrator, mitigation measures at the owner’s or other responsible party’s expense to compensate for violation of provisions of this Chapter and other applicable Pullman City Code provisions governing the applicable development permit.

(b) Restoration/Mitigation Plan Required. All development work shall remain stopped until a restoration/mitigation plan is prepared and approved by the SMP Administrator. Such a plan shall be prepared by a qualified professional and shall describe how the actions proposed meet the minimum standards described in Subsection 16.55.350(17)(c) and/or mitigation requirements outlined in Subsections 16.55.350(11) through 16.55.350(13), if mitigation is determined to be appropriate by the SMP Administrator. The Administrator shall, at the violator’s expense, seek expert advice in determining the adequacy of the plan. Inadequate plans shall be returned to the applicant or violator for revision and resubmittal.

(i) For alterations to critical aquifer recharge areas, frequently flooded areas, wetlands, and habitat conservation areas, the following minimum standards shall be met for the restoration or mitigation of impacts to a critical area, provided that if the violator can demonstrate in a restoration/mitigation plan that greater functional and habitat values can be obtained, these standards may be modified by the SMP Administrator:

aa. The historic structural and functional values shall be restored, including water quality and habitat functions;

bb. The historic soil types and configuration shall be replicated;

cc. The critical area and buffers shall be replanted with native vegetation that replicates the vegetation historically found on the site in species types, sizes, and densities; and

dd. The historic functions and values should be replicated at the location of the alteration.

(ii) For alterations to flood and geological hazards, the following minimum standards shall be met for the restoration of a critical area, provided that, if the violator can demonstrate that greater safety can be obtained, these standards may be modified:

aa. The hazard shall be reduced to a level equal to, or less than, the pre-development hazard;

bb. Any risk of personal injury resulting from the alteration shall be eliminated or minimized; and

cc. The hazard area and buffers shall be replanted with native vegetation sufficient to minimize the hazard.

(d) Penalties. Any violation or failure to comply with any of the provisions of this Chapter, or any amendment thereto, shall be a civil infraction and shall be subject to a fine in an amount not to exceed $500.00 for each violation. Each day in which a violation continues shall be deemed a separate offense. Any activity carried out contrary to the provisions of this Chapter shall constitute a public nuisance and may be enjoined as provided by the statutes of the state of Washington. Daily fines shall not be levied until after a violator has received a written notice of the violation and shall not be levied while a written notice of violation is under appeal through the applicable appeal process.

(18) Financial Guarantees to Ensure Mitigation and Maintenance

(a) Mitigation required pursuant to a development proposal should be completed prior to final project approval. When the SMP Administrator determines it is not feasible for required mitigation to be completed prior to final project approval, the SMP Administrator shall require the applicant to post a financial guarantee in a form and amount deemed acceptable by the SMP Administrator. Acceptable financial guarantees include, but are not limited to, cash, bond, promissory note, or letter of credit.

(b) Once mitigation measures have been completed, the SMP Administrator may require a financial guarantee for maintenance of said mitigation measures.

(c) The financial guarantee shall be in the amount of one hundred twenty-five percent (125%) of the estimated cost of the improvements or the estimated cost of restoring the functions and values of the critical area that are at risk, whichever is greater.

(d) The financial guarantee shall remain in effect until the SMP Administrator determines, in writing, that the standards bonded for have been met. Financial guarantees for maintenance shall be held by the City for a minimum of five years to ensure that the required mitigation has been fully implemented and demonstrated to function, and may be held for longer periods when necessary.

(e) Depletion, failure, or collection of financial guarantee funds shall not discharge the obligation of an applicant or violator to complete required mitigation, maintenance, monitoring, or restoration.

(f) Public development proposals shall be relieved from having to comply with the requirements of this Section if public funds have previously been committed for mitigation, maintenance, monitoring, or restoration.

(g) Any failure to satisfy critical area requirements established by law or condition including, but not limited to, the failure to provide a monitoring report within 30 days after it is due or the failure to comply with other provisions of a mitigation plan may be deemed by the SMP Administrator to constitute a default, and the SMP Administrator may demand payment of any financial guarantees or require other action authorized by the Pullman City Code or any other law.

(h) Any funds recovered pursuant to this Section shall be used to complete the required mitigation.

(19) Critical Area Inspections. Reasonable access to the site shall be provided to the City, state, and federal agency review staff for the purposes of inspections during any proposal review, restoration, emergency action, or monitoring period. Additionally, the City or its agent shall have reasonable access to the site for completing necessary remediation work in the event of noncompliance. Failure to provide access shall be deemed a violation and shall be subject to the penalties set forth in Subsection 16.55.350(17)(d). (Ord. 16-3 §36, 2016).