Satisfaction of Mitigation Requirement. The Land Use Agency Permittes each retains authority to require an Urban Development Permittee/landowner to satisfy the Mitigation Requirement by: (1) payment of the Mitigation Fees; or (2) subject to the approvals required by the NBHCP, transfer of Mitigation Land to TNBC, together with payment of all components of the Mitigation Fee except the Land Acquisition Fee as specified in the NBHCP. Credit against the Land Acquisition Fee component of the Mitigation Fees is based on the number of acres of land being transferred and is not based on cost or perceived value of the land transferred. Where a Land Use Agency Permittee elects to require an Urban Development Permittee to transfer land to TNBC,
(1) TNBC and the Wildlife Agencies must approve the transfer of each parcel of Mitigation Land considering its location, proximity to urban uses and roads, current land condition, and all other factors specified in the NBHCP, and (2) such land must be dedicated prior to authorization by the applicable Land Use Agency Permittee for dissturbance of the land resulting from the associated Urban Development Project. If the amount of land transferred to TNBC is less than the Mitigation Land required for the public or private project, the landowner is obligated to pay the outstanding balance of the Land Acquisition Fee component of the Mitigation Fees. If the amount of land transferred to TNBC is greater than the amount of Mitigation Land required for the development project, the landowner may choose one of the following credit options: (i) receive credit from the excess amount of land toward required Mitigation Land under the NBHCP for future Authorized Development of property owned by the landowner; or (ii) transfer credit from the excess amount of land toward required Mitigation Land under the NBHCP for Authorized Development of property owned by another specified landowner. If either credit option is chosen, then prior to the transfer of Mitigation Land being finalized, the landowner shall inform CITY or SUTTER, as appropriate and TNBC in writing of the choice to receive or transfer credit and to whom the credit is to be transferred. Any transfer of fee title to lands or a Conservation Easement therein in order to satisfy the Mitigation Requirement shall be accomplished by a deed or grant of a conservation easement to TNBC in a form acceptable to USFWS and CDFG, in recordable form on or before issuance of an Urban Development Permit (i.e., a building permit, grading p...
Satisfaction of Mitigation Requirement. Pursuant to Sections 3.1.14, an Urban Development Permittee or MAPPOA may satisfy the HMR by: (1) payment of Mitigation Fees; (2) transfer of HMR Land to the Conservancy, together with payment of the Administrative, Endowment, and Habitat Management components of the Mitigation Fees; or (3) such other mitigation plan, consistent with the goals of the MAPHCP and of equivalent biological value to (1) and (2) above, as is approved by NBC, USFWS and CDFG. It is anticipated that all or nearly all HMR obligations within the Permit Area will be satisfied as specified in (1) above. Any transfer of fee title to lands or a Conservation Easement therein in order to satisfy the HMR shall be accomplished by a deed or grant of Conservation Easement to the Conservancy acceptable to USFWS and CDFG, in recordable form on or before issuance of a building permit, grading permit, or other permit which allows Urban Development to occur. All land proposed to be transferred to the Conservancy in satisfaction of the HMR must meet the criteria specified in Chapter IV, Section C.1.b. or C.2.b. of the NBHCP, as applicable, as determined by NBC, USFWS and CDFG.
