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The LMC /CEAM Model has removed the concept of a general bond and instead <br />contemplates recovering all costs including restoration costs via the permit fee. This <br />provides the City with less security and makes setting the permit fee at the proper <br />amount critically important. Therefore, B &L believes that a bond is warranted. <br />• Both ordinances allow providers to elect not to perform restoration and both allow the <br />providers to require the City to perform such restoration. This result is mandated by <br />the new law. <br />However, the new law also provides the City with a right to mandate that the City <br />retain the right to perform all restoration regardless of the providers' election. The <br />B &L Model incorporates this authority while the LMC /CEAM Model does not. <br />• Both ordinances contemplate that if a provider elects not to perform restoration itself, <br />and the City similarly opts not to perform such restoration, the City may require <br />payment of a degradation fee. Such fee is permitted by law. Both ordinances clarify <br />that payment of a degradation fee does not relieve the provider from any obligation to <br />perform restoration. <br />However, the B &L Model clarifies that the degradation fee must include a component <br />to cover the costs of future restoration to allow the City to perform the same should the <br />provider fail to do so. <br />• The B &L Model contains a specific provision regarding appeals from permit denials <br />and revocations and registration denials, all in accordance with the new state law. The <br />LMC /CEAM Model does not contain such a provision. <br />• Attached to the B &L Model are examples of forms which the City may wish to use to <br />implement the ordinance. These forms may be modified as the City sees fit or used in <br />their present form. <br />CONCLUSION <br />Both the B &L Model and the LMC /CEAM Model are consistent with the new state legislation <br />and both are acceptable for adoption by your municipality. In some respects, the B &L Model <br />and the LMC /CEAM Model reflect different policy choices. The City should undertake an <br />aggressive discussion of such policy issues leading to the adoption of an ordinance. Please <br />feel free to contact this office with questions about either model. <br />C:\VOSE\E&L•LMC.M01 <br />tla <br />Page 98 <br />