ALTAMONT LANDOWNERS SETTLEMENT - Laserfiche WebLink

(a) (b) (c) (d) (e) VISUAL 11. 12. If th~ Planning Department determines, based on the conclusions of a health and safety study conducted as part of the SDR, that the ALRRF expansion will have a significant health or safety impact on the proposed development of the legal buildlng site parcel, the Planning Department may impose conditions on the development of the legal building site parcel to avoid any such health or safety impa~ts, provided, however, that the Planning Department must first require that the developer take all reasonable measures to minimize such health or safety impacts without significant additional costs including, if appropriate, relocation of the development to another portion of the parcel. If the developer incurs addit!onal unavoidable development costs or diminution of property value solely to implement those measures required by the Planning Department to avoid health or safety impacts created by the ALRRF expansion, the operator shall provide appropriate restitution, as determined by the Planning Department, or may offer to purchase the property at its fair market value at the operator's sole discretion. Appropriate restitution shall be limited to the developer's direct, out-of-pocket costsland/or reduction in property value below the fair market value of the parcel. Ifthd Planning Department determines that the legal building site parcel cannot be deve!oped for any permitted use, due solely to health or safety impacts created by the 4LRRF expansion, the operator shall provide appropriate restitution which shall be limited to reduction in property value below fair market value of the parc41, as determined by the Planning Department; or the operator may offer to purcllase the property at its fair market value at operator's sole discretion. As a condition of approval of development of any legal building site parcel requi~ing restitution from ALRRF, the Planning Department will require that the opera[tor enter into a recordable covenant or other recordable instrument, which acknowledges that the ALRRF, as authorized in the CUP, can continue to operate throUghout its expected life and that the developer shall agree not to seek any further restitution or damages from the operator. Nothing above will prevent the operator from applying for approval to modify its operations to reduce any health and safety impacts on the adjacent legal building site parcel caused by the ALRRF expansion. The Operator reserves all rights to appeal and/or challenge any determination of the Planning Department requiring restitution. Final gradesiand contours for the landfill shall be in substantial conformance with those depicted in iExhibit 1 unless modifications are otherwise approved by the Planning Department. In cooperatipn with the County, neighbors along Dyer Road, rangers and users of the Bethany ReServoir State Recreation Area, the operator shall continue its program to monitor and ~espond to community complaints regarding dust, stray litter, pests and other 9-B Final Altamont Settlement - Exhibit B