A. The applicant shall avoid all impacts that increase risk to the general public and/or degrade the functions and values of a critical area or areas and their buffers. Unless otherwise provided in this chapter, and after mitigation sequencing in BMC 16.55.250 has been applied, if alteration to the critical area is unavoidable, all adverse impacts to critical areas and buffers resulting from a development proposal or alteration shall be mitigated using the best available science in accordance with an approved critical area report and SEPA documents, so as to result in no net loss of critical area functions and values.

B. Mitigation site selection shall be focused on the site’s ability to sustain a critical area over the long term. Mitigation design shall be based on replacing functions and values in the context of the watershed in order to compensate for loss. In some case, on-site mitigation may not be the best location.

C. Mitigation shall not be implemented until after city approval of a critical area report that includes a mitigation plan, and mitigation shall be in accordance with the provisions of the approved critical area report.

D. The applicant shall be required to submit a financial guarantee (“surety” or “assignment of funds”) for 150 percent of the total costs of mitigation to ensure the mitigation requirements are met and the mitigation plan is fully implemented, including, but not limited to, the required monitoring and maintenance periods. [Ord. 2016-02-005 § 15; Ord. 2005-11-092].