Responsibility for Projects at the Urban-Wildland Interface. Development projects adjacent to land in the existing or planned Preserve System shall incorporate Conservation Measure 1.9, set forth in Chapter 6 of the HCP/NCCP, which requires design elements to minimize the indirect impacts of the development on the Preserve System. The applicable Permittee or the Implementing Entity shall ensure that each such project incorporates adequate design elements, and shall be responsible for enforcing compliance with Conservation Measure 1.9. All applicable design elements to establish a satisfactory interface shall be within the footprint of the development, and not within the Preserve System. The implementation and ongoing maintenance of the design elements shall be funded by the development project’s property owner(s) and/or their successors, as described in Conservation Measure 1.9. In the event the Permittee or the Implementing Entity determine that complying with Conservation Measure 1.9 could severely impact a property owner’s use or economic interest in private property, the Permittee or the Implementing Entity, as applicable, and the Wildlife Agencies shall promptly consult with the property owner to consider whether any modifications to Conservation Measure 1.9 are appropriate that will reduce the impact on the property owner. Where compliance with Conservation Measure 1.9 would deny a private property owner of substantially all economically viable use of his or her property, the Permittee or the Implementing Entity and the Wildlife Agencies shall confer and identify modifications or alternatives to Conservation Measure 1.9 that would not deny substantially all economically viable use.
Responsibility for Projects at the Urban-Wildland Interface. Development projects adjacent to land in the existing or planned Preserve System shall incorporate Conservation Measure 1.9, set forth in Chapter 6 of the HCP/NCCP, which requires design elements to minimize the indirect impacts of the development on the Preserve System. The applicable Permittee or the Implementing Entity shall ensure that each such project incorporates adequate design elements, and shall be responsible for enforcing continuing compliance. All applicable design elements to establish a satisfactory interface shall be within the footprint of the development, and not within the Preserve System. The implementation and ongoing maintenance of the design elements shall be funded by the development project’s property owner(s) and/or their successors, as described in Conservation Measure 1.9. In the event that complying with Conservation Measure 1.9 would severely impact a property owner’s use or economic interest in private property, the County, City or Implementing Entity, as applicable, and the Wildlife Agencies shall promptly consult with the property owner to consider whether any modifications to Conservation Measure 1.9 are appropriate that will reduce the impact on the property owner. Where compliance with Conservation Measure 1.9 would deny a private property owner of substantially all economically viable use of his or her property, the County, City or Implementing Entity, as applicable, and the Wildlife Agencies shall confer and identify modifications or alternatives to Conservation Measure 1.9 that would not deny substantially all economically viable use.
