§ 15-396. Compensation required for unavoidable loss.

Habitat compensation may be in the form of monies or lands in areas designated by the county. The amount of compensation will be determined by either subsection (1) or subsection (2) at the applicant's discretion. If the applicant wishes to pursue another procedural method, the proposed method shall be submitted to the environmental protection officer for review and approval.

(1)

The applicant shall submit a property appraisal to the planning director for review and approval. The appraisal report shall provide an estimated value of the entire project site that reflects values at the time of issuance of all construction approvals, the total acres of the project site and the total acres of conservation area proposed for removal. The amount of compensation monies that will be required will be determined as follows:

a.

The total estimated value of the property divided by the total acreage of the property equals the average value per acre.

b.

The amount of compensation monies required shall equal the average value per acre multiplied by the total acres of conservation area impact.

(2)

The county shall designate areas within the county suitable for off-site mitigation or habitat compensation. An appraisal will be conducted for the designated properties by the county. The appraisal shall establish an average cost per acre. An applicant for habitat compensation shall either purchase the required amount of lands designated by the county as determined by the mitigation ratios in section 15-419 or the applicant shall pay the amount of compensation required based on the average cost per acre of the lands designated by the county multiplied by the mitigation ratios in section 15-419.

(3)

The basis for review for habitat compensation shall be as follows:

a.

Class I conservation areas. The removal, alteration or encroachment within a Class I conservation area shall only be allowed in cases where no other feasible or practical alternatives exist that will permit a reasonable use of the land or where there is an overriding public benefit. The protection, preservation and continuing viability of Class I conservation areas shall be the prime objective of the basis for review of all proposed alterations, modifications, or removal of these areas. When encroachment, alteration or removal of Class I conservation areas is permitted, habitat compensation or mitigation as a condition of development approval shall be required.

b.

Class II conservation areas. Habitat compensation for Class II conservation areas should be presumed to be allowed unless habitat compensation is contrary to the public interest.

c.

Class III conservation areas. Habitat compensation shall be allowed for Class III conservation areas in all cases.

(Code 1965, § 36B-41; Ord. No. 87-31, § 6.01, 7-27-87; Ord. No. 89-8, § 1(6.01), 7-3-89; Ord. No. 2008-01 , § 10, 2-5-08)