Agenda - Council - 07/08/1997 - Laserfiche WebLink

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The LMC/CEAM Model has removed the concept of a general bond and instead contemplates recovering all costs including restoration costs via the permit fee. This provides the City with less security and makes setting the permit fee at the proper amount critically important. Therefore, B&L believes that a bond is warranted. Both ordinances allow providers to elect not to perform restoration and both allow the providers to require the City to perform such restoration. This result is mandated by the new law. However, the new law also provides the City with a right to mandate that the City retain the right to perform all restoration regardless of the providers' election. The B&L Model incorporates this authority while the LMC/CEAM Model does not. Both ordinances contemplate that if a provider elects not to perform restoration itself, and the City similarly opts not to perform such restoration, the City may require payment of a degradation fee. Such fee is permitted by law. Both ordinances clarify that payment of a degradation fee does not relieve the provider from any obligation to perform restoration. However, the B&L Model clarifies that the degradation fee must include a component to cover the costs of future restoration to allow the City to perform the same should the provider fail to do so. The B&L Model contains a specific provision regarding appeals from permit denials and revocations and registration denials, all in accordance with the new state law. The LMC/CEAM Model does not contain such a provision. Attached to the B&L Model are examples of forms which the City may wish to use to implement the ordinance. These forms may be modified as the City sees fit or used in the. k p. resent form. coNCLusION Both the B&L Model and the LMC/CEAM Model are consistent with the new state legislation and both are acceptable for adoption by your municipality. In some respects, the B&L Model and the LMC/CEAM ModeI reflect different policy choices. The City should undertake an aggressive discussion of such policy issues leading to the adoption of an ordinance. Please feel free to contact this office with questions about either model. C:\VOSEkB&L-LMC.M01 4 I I I I I I I I i I I I I I I I I I I