While not all of the below-listed critical habitat areas exist in the city of Marysville, these regulations provide for the protection of the following fish and wildlife habitat conservation areas:
(1) 
Primary fish and wildlife habitat conservation areas shall include the following:
(a) 
Habitats with federally designated endangered, threatened, and candidate species and state designated endangered, threatened, and sensitive species which have a primary association as defined in Chapter 22A.020 MMC. Federally designated endangered, threatened and candidate species are those fish and wildlife species identified by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service that are in danger of extinction or threatened to become endangered. The U.S. Fish and Wildlife Service and the National Marine Fisheries Service should be consulted for current listing status. State designated endangered, threatened, and sensitive species are those fish and wildlife species native to the state of Washington identified by the Washington State Department of Fish and Wildlife, that are in danger of extinction, threatened to become endangered, vulnerable, or declining and are likely to become endangered or threatened in a significant portion of their range within the state without cooperative management or removal of threats. State designated endangered, threatened, and sensitive species are periodically recorded in WAC 232-12-014 (State Endangered Species) and 232-12-011 (State Threatened and Sensitive Species). The State Department of Fish and Wildlife maintains the most current listing and should be consulted for current listing status.
(b) 
State designated priority habitats and areas that are associated with state designated endangered, threatened, and sensitive species in subsection (1)(a) of this section. Priority habitats and species are considered to be priorities for conservation and management. Priority species require protective measures for their perpetuation due to their population status, sensitivity to habitat alteration, and/or recreational, commercial, or tribal importance. Priority habitats are those habitat types or elements with unique or significant value to a diverse assemblage of species. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional state, or a specific structural element. Priority habitats and species are identified by the Department of Fish and Wildlife.
(c) 
Naturally occurring ponds under 20 acres or not less than 0.50 acres (lakes greater than 20 acres are covered under shoreline regulations).
(d) 
Lakes, ponds, streams and rivers planted with game fish by a governmental or tribal entity.
(e) 
State natural area preserves and natural resource conservation areas.
(f) 
Areas of rare plant species and high quality ecosystems as documented by the State Department of Natural Resources Heritage Program.
(g) 
Land that provides essential connections between habitat blocks and open space and that is designated by the State Department of Fish and Wildlife as a priority habitat in association with state endangered, threatened, or sensitive species in subsection (1)(a) of this section.
(h) 
Streams as defined and classified in Chapter 22A.020 MMC.
(2) 
Habitats and species of local importance are those identified by the city, including but not limited to those habitats and species that, due to their population status or sensitivity to habitat manipulation, warrant protection. Habitats may include a seasonal range or habitat element with which a species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term.
(a) 
Designation Process. The city shall accept and consider nomination for habitat areas and species to be designated as locally important on an annual basis.
(b) 
Habitats and species to be designated shall exhibit at least one of the criteria in subsections (2)(b)(i) through (iii) of this section and shall meet criteria in subsections (2)(b)(iv) and (v) of this section.
(i) 
Local populations of native species are in danger of extirpation based on existing trends, including:
(A) 
Local populations of native species that are likely to become endangered; or
(B) 
Local populations of native species that are vulnerable or declining; or
(ii) 
The species or habitat has recreation, commercial, game, tribal, or other special value; or
(iii) 
Long-term persistence of a species is dependent on the protection, maintenance, and/or restoration of the nominated habitat; and
(iv) 
Protection by other county, state, or federal policies, laws, regulations, or nonregulatory tools is not adequate to prevent degradation of the species or habitat in the city; and
(v) 
Without protection, there is a likelihood that the species or habitat will be diminished over the long term.
(c) 
Areas nominated to protect a particular habitat or species must represent high-quality native habitat or habitat that either has a high potential to recover to a suitable condition and is of limited availability or provides landscape connectivity which contributes to the designated species or habitat's preservation.
(d) 
Habitats and species may be nominated for designation by any resident of Marysville.
(e) 
The petition to nominate an area or a species to this category shall contain all of the following:
(i) 
A completed SEPA environmental checklist;
(ii) 
A written statement using best available science to show that nomination criteria in subsections (2)(b) and (c) of this section are met;
(iii) 
A written proposal including specific and relevant protection regulations that meet the goals of this chapter. Management strategies must be supported by the best available science, and where restoration of habitat is proposed, a specific plan for restoration must be provided;
(iv) 
Demonstration of relevant, feasible management strategies that are effective and within the scope of this chapter;
(v) 
Provision of species habitat location(s) on a map that works in concert with other city maps;
(vi) 
An economic impact (cost/benefit) analysis of proposal;
(vii) 
Documentation of public notice methods that the petitioner(s) have used. Examples of reasonable methods are:
(A) 
Posting the property;
(B) 
Publishing a paid advertisement in a newspaper or newsletter of circulation in the general area of the proposal, where interested persons may review information on the proposal. Information in the notice must contain a description of the proposal, general location of the affected area and where comments on the proposal may be sent;
(C) 
Notification to public or private groups in the affected area that may have an interest in the petition;
(D) 
News media articles that have been published concerning the proposal;
(E) 
Notices placed at public buildings or bulletin boards in the affected area;
(F) 
Mailing of informational flyers to property owners within the affected area;
(viii) 
Signatures of all petitioners.
(f) 
The community development director shall determine whether the nomination proposal is complete and, if complete, shall evaluate it according to the characteristics enumerated in subsection (2)(b) of this section and make a recommendation to the planning commission based on those findings.
(g) 
The planning commission shall hold a public hearing for proposals found to be complete and make a recommendation to the city council based on the characteristics enumerated in subsection (2)(b) of this section.
(h) 
Following the recommendation of the planning commission, the city council may hold an additional public hearing and shall determine whether to designate a habitat or species of local importance.
(i) 
Approved nominations will be subject to the provisions of this title.
(Ord. 2852 § 10 (Exh. A), 2011)
The following activities within a habitat and its associated buffer as set forth in MMC § 22E.010.220, or outside a habitat or buffer but with the potential of adversely affecting the habitat or buffer, shall be regulated pursuant to the standards of this chapter:
(1) 
Removing, excavating, disturbing or dredging soil, sand, gravel, minerals, organic matter or materials of any kind.
(2) 
Dumping, discharging or filling with any material.
(3) 
Draining, flooding or disturbing the water level or water table.
(4) 
Driving piling or placing obstructions.
(5) 
Constructing, reconstructing, demolishing or altering the size of any structure or infrastructure.
(6) 
Construction of any on-site sewage disposal system, or other underground facilities, except exempted activities.
(7) 
Destroying or altering habitat vegetation through clearing, harvesting, shading or planting vegetation that would alter the character of a habitat or buffer, the shade and protection for a stream, or that is a source of food or habitat for fish or game.
(8) 
Activities that result in significant changes in water temperature, physical or chemical characteristics of water sources, including water quantity and quality, soil flow, natural ground contours, or pollutants.
(9) 
Relocation of the natural course of the stream, or modification of the flow characteristics thereof.
(10) 
Any other activity potentially affecting a habitat or habitat buffer not otherwise exempt from the provisions of this chapter.
(Ord. 2852 § 10 (Exh. A), 2011)
(1) 
See MMC § 22E.010.320 for general exemptions to all critical areas.
(2) 
The following activities shall be exempt from the provisions of this chapter related to fish and wildlife habitat provided they are conducted using best management practices:
(a) 
Activities involving artificially created habitat, including but not limited to grass-lined swales, irrigation and drainage ditches, detention facilities such as ponds, and landscape features, except for habitat areas created as mitigation and artificially created habitats used by salmonid fish;
(b) 
Prior to the effective date of the ordinance codified in this chapter, all commercial and industrial uses, developments, and activities which exist within the stream buffers shall be allowed to continue in existence, and to be repaired, maintained and remodeled as provided in Chapter 22C.100 MMC, Nonconforming Situations.
(3) 
No private or public entity shall undertake exempt activities as listed in this section prior to providing the city written notification of the entity's intent to proceed with an exempt activity. The city shall verbally confirm whether or not the activity is exempt and where needed provide written authorization within 30 days of receipt of the written notice.
(4) 
In case of any questions as to whether a particular activity is exempt under provisions of this section, the community development department's determination shall prevail and be determinative.
(5) 
Notwithstanding the exemption provided by this section, any otherwise exempt activities occurring in or near critical habitat areas shall comply with the intent of these standards and shall consider on-site alternatives that avoid or minimize potential habitat impacts. Exempt activities shall use reasonable methods (i.e., best management practices) to avoid potential impacts to fish and wildlife habitat.
(Ord. 2852 § 10 (Exh. A), 2011)
(1) 
The approximate location and extent of habitat areas within the city of Marysville's planning area are shown on the maps adopted as part of this chapter. These maps shall be used as a general guide only for the assistance of property owners and other interested parties; boundaries are generalized. The actual type, extent and boundaries of habitat areas shall be determined by a qualified scientific professional according to the procedures, definitions and criteria established by this chapter. In the event of any conflict between the habitat location or type shown on the city's fish and wildlife conservation areas maps and the criteria or standards of this chapter, the criteria and standards resulting from the field investigation shall control.
(2) 
The following maps are hereby adopted for the purpose set forth in subsection (1) of this section:
(a) 
City of Marysville Fish and Wildlife Conservation Areas Map;
(b) 
Washington State Department of Fish and Wildlife Priority Habitat and Species Maps;
(c) 
Washington State Department of Natural Resources, Official Water Type Reference Maps, as amended;
(d) 
Washington State Department of Natural Resources Natural Heritage Program mapping data;
(e) 
Washington State Department of Natural Resources State Natural Area Preserves and Natural Resources Conservation Area Maps;
(f) 
Washington State Department of Health Annual Inventory of Shellfish Harvest Areas;
(g) 
Anadromous and resident salmonid distribution maps contained in the Habitat Limiting Factors Reports published by the Washington Conservation Commission;
(h) 
Washington State Department of Natural Resources Puget Sound Intertidal Habitat Inventory Maps; and
(i) 
Washington State Department of Natural Resources Shorezone Inventory or Northwest Straits Commission – Snohomish County Marine Resources Committee Inventory.
(Ord. 2852 § 10 (Exh. A), 2011)
(1) 
Streams. Streams shall be classified according to the stream type system as provided in WAC 222-16-030, Stream Classification System, as amended.
(a) 
Type S Stream. Those streams, within their ordinary high water mark, as inventoried as "shorelines of the state" under Chapter 90.58 RCW and the rules promulgated pursuant thereto.
(b) 
Type F Stream. Those stream segments within the ordinary high water mark that are not Type S streams, and which are demonstrated or provisionally presumed to be used by salmonid fish. Stream segments which have a width of two feet or greater at the ordinary high water mark and have a gradient of 16 percent or less for basins less than or equal to 50 acres in size, or have a gradient of 20 percent or less for basins greater than 50 acres in size, are provisionally presumed to be used by salmonid fish. A provisional presumption of salmonid fish use may be refuted at the discretion of the community development director where any of the following conditions are met:
(i) 
It is demonstrated to the satisfaction of the city that the stream segment in question is upstream of a complete, permanent, natural fish passage barrier, above which no stream section exhibits perennial flow;
(ii) 
It is demonstrated to the satisfaction of the city that the stream segment in question has confirmed, long-term, naturally occurring water quality parameters incapable of supporting salmonid fish;
(iii) 
Sufficient information about a geomorphic region is available to support a departure from the characteristics described above for the presumption of salmonid fish use, as determined in consultation with the Washington State Department of Fish and Wildlife, the Department of Ecology, affected tribes, or others;
(iv) 
The Washington State Department of Fish and Wildlife has issued a hydraulic project approval pursuant to RCW 77.55.100, which includes a determination that the stream segment in question is not used by salmonid fish;
(v) 
No salmonid fish are discovered in the stream segment in question during a stream survey conducted according to the protocol provided in the Washington Forest Practices Board Manual, Section 13, Guidelines for Determining Fish Use for the Purpose of Typing Waters under WAC 222-16-031; provided, that no unnatural fish passage barriers have been present downstream of said stream segment over a period of at least two years.
(c) 
Type Np Stream. Those stream segments within the ordinary high water mark that are perennial and are not Type S or Type F streams. However, for the purpose of classification, Type Np streams include intermittent dry portions of the channel below the uppermost point of perennial flow. If the uppermost point of perennial flow cannot be identified with simple, nontechnical observations (see Washington Forest Practices Board Manual, Section 23), then said point shall be determined by a qualified professional selected or approved by the city.
(d) 
Type Ns Stream. Those stream segments within the ordinary high water mark that are not Type S, Type F, or Type Np streams. These include seasonal streams in which surface flow is not present for at least some portion of a year of normal rainfall that are not located downstream from any Type Np stream segment.
(Ord. 2852 § 10 (Exh. A), 2011)
(1) 
The establishment of buffer areas shall be required for regulated activities in or adjacent to habitat areas. Buffers shall consist of an undisturbed area of native vegetation established to protect the integrity, functions and values of the affected habitat. Activities within buffers should not result in any net loss of the functions and values associated with streams and their buffers.
(a) 
The following buffer widths are established:
Streams
Buffer
Type S
Quilceda Creek
Ebey Slough
Except in the following location: north and south shore of Ebey Slough between the western city limits and 47th Ave. NE
200 feet
100 feet
25 feet
Type F
Gissberg Twin Lakes
150 feet
Lake setbacks correspond to county park boundaries
Type Np
100 feet
Type Ns
50 feet
(b) 
Federal, State, and Local Habitats and Species.
(i) 
Except for waters subject to subsection (1)(a) of this section, and bald eagles subject to subsection (1)(b)(ii) of this section, the establishment of buffer areas may be required for regulated activities in or adjacent to federal, state, and local species and habitat areas as designated pursuant to MMC § 22E.010.170 and § 22E.010.210. Buffers shall consist of an undisturbed area of native vegetation established to protect the integrity, functions and values of the affected habitat. Required buffer widths shall reflect the sensitivity of the habitat and the type and intensity of human activity proposed to be conducted nearby. Buffers shall be determined by the department based on information in the biological/habitat report, a habitat management plan approved by the Department of Fish and Wildlife supplemented by its own investigations, the intensity and design of the proposed use, and adjacent uses and activities. Buffers are not intended to be established or to function independently of the habitat they are established to protect. Buffers shall be measured from the edge of the habitat area.
(ii) 
Bald eagle habitat shall be protected pursuant to the Washington State Bald Eagle Protection Rules (WAC 232-12-292).
(2) 
Where existing buffer area plantings provide minimal vegetative cover and cannot provide the minimum water quality or habitat functions, buffer enhancement shall be required. Where buffer enhancement is required, a plan shall be prepared that includes plant densities that are not less than five feet on center for shrubs and 10 feet on center for trees. Monitoring and maintenance of plants shall be required in accordance with MMC § 22E.010.260. Existing buffer vegetation is considered "inadequate" and will require enhancement through additional native plantings and removal of nonnative plants when:
(a) 
Nonnative or invasive plant species provide the dominate cover;
(b) 
Vegetation is lacking due to disturbance and stream resources could be adversely affected; or
(c) 
Enhancement planting in the buffer could significantly improve buffer functions. If, according to the buffer enhancement plan, additional buffer mitigation is not sufficient to protect the habitat, the city shall require larger buffers where it is necessary to protect habitat functions based on site-specific characteristics.
(3) 
Measurement of Buffers.
(a) 
Stream Buffers. All buffers shall be measured from the ordinary high water mark as identified in the field or, if that cannot be determined, from the top of the bank. In braided channels and alluvial fans, the ordinary high water mark or top of bank shall be determined so as to include the entire stream feature;
(b) 
Combination Buffers. Any stream adjoined by a wetland or other adjacent habitat area shall have the buffer which applies to the wetland or other habitat area unless the stream buffer requirements are more expansive.
(4) 
Buffer widths may be modified by averaging buffer widths as set forth herein:
(a) 
Buffer width averaging shall be allowed only where the applicant demonstrates to the community development department that the averaging will not impair or reduce habitat, water quality purification and enhancement, storm water detention, ground water recharge, shoreline protection and erosion protection and other functions of the stream and buffer, that lower intensity land uses would be located adjacent to areas where buffer width is reduced, and that the total area contained within the buffer after averaging is no less than that contained within the standard buffer prior to averaging;
(b) 
Notwithstanding the reductions permitted in subsection (4)(a) of this section, buffer widths shall not be reduced by more than 25 percent of the required buffer.
(5) 
The buffer width stated in subsection (1) of this section shall be increased in the following circumstances:
(a) 
When the adjacent land is susceptible to severe erosion and erosion control measures will not effectively prevent adverse habitat impacts; or
(b) 
When the standard buffer has minimal or degraded vegetative cover that cannot be improved through enhancement; or
(c) 
When the minimum buffer for a habitat extends into an area with a slope of greater than 25 percent, the buffer shall be the greater of:
(i) 
The minimum buffer for that particular habitat; or
(ii) 
Twenty-five feet beyond the point where the slope becomes 25 percent or less.
(6) 
The community development director may authorize the following low impact uses and activities within the buffer depending on the sensitivity of the habitat involved, provided they are consistent with the purpose and function of the habitat buffer and do not detract from its integrity. To the extent reasonably practicable, examples of uses and activities which may be permitted in appropriate cases include pedestrian trails, viewing platforms, interpretive signage, utility easements and the installation of underground utilities pursuant to best management practices. Uses permitted within the buffer shall be located in the outer 25 percent of the buffer.
(7) 
Trails and Open Space. For walkways and trails, associated open space in critical buffers located on public property, or on private property where easements or agreements have been granted for such purposes all of the following criteria shall be met:
(a) 
The trail, walkway, and associated open space shall be consistent with the comprehensive parks, recreation, and open space master plan. The city may allow private trails as part of the approval of a site plan, subdivision or other land use permit approvals.
(b) 
Trails and walkways shall be located in the outer 25 percent of the buffer, i.e., the portion of the buffer that is farther away from the critical area. Exceptions to this requirement may be made for:
(i) 
Trail segments connecting to existing trails where an alternate alignment is not practical. Public access points to water bodies spaced periodically along the trail.
(c) 
Enhancement of the buffer area is required where trails are located in the buffer. Where enhancement of the buffer area adjacent to a trail is not feasible due to existing high quality vegetation, additional buffer area or other mitigation may be required.
(d) 
Trail widths shall be a maximum width of 10 feet. Trails shall be constructed of permeable materials; provided, that impervious materials may be allowed if pavement is required for handicapped or emergency access, or safety, or is a designated nonmotorized transportation route or makes a connection to an already dedicated trail, or reduces potential for other environmental impacts.
(8) 
Allowed Activity – Utilities in Streams. New utility lines and facilities may be permitted to cross water bodies in accordance with an approved supplemental stream/lake study, if they comply with the following criteria:
(a) 
Fish and wildlife habitat areas shall be avoided to the maximum extent possible; and
(b) 
The utility is designed consistent with one or more of the following methods:
(i) 
Installation shall be accomplished by boring beneath the scour depth and hyporheic zone of the water body and channel migration zone; or
(ii) 
The utilities shall cross at an angle greater than 60 degrees to the centerline of the channel in streams perpendicular to the channel centerline; or
(iii) 
Crossings shall be contained within the footprint of an existing road or utility crossing; and
(c) 
New utility routes shall avoid paralleling the stream or following a down-valley course near the channel; and
(d) 
The utility installation shall not increase or decrease the natural rate of shore migration or channel migration; and
(e) 
Seasonal work windows are determined and made a condition of approval; and
(f) 
Mitigation criteria of MMC § 22E.010.240 are met.
(9) 
Storm water management facilities, such as biofiltration swales and dispersion facilities, may be located within the outer 25 percent of buffers only if they will have no negative effect on the functions and purpose the buffers serve for the fish and wildlife habitat areas. Storm water detention ponds shall not be allowed in fish and wildlife habitat areas or their required buffers.
(10) 
For subdivisions and short subdivisions, the applicable wetland and associated buffer requirements for any development or redevelopment of uses specifically identified in, and approved as part of, the original subdivision or short subdivision application shall be those requirements in effect at the time that the complete subdivision or short subdivision application was filed; provided, that for subdivisions this provision shall be limited to final plats reviewed and approved under Ordinance 1928, "Sensitive Areas," adopted December 14, 1992, or as amended at the time of final plat approval. However, at the discretion of the community development director a buffer enhancement plan may be required in accordance with subsection (2) of this section if the wetland or buffer has become degraded or is currently not functioning or if the wetland and/or buffer may be negatively affected by the proposed new development.
(11) 
Minor additions or alterations such as decks and small additions less than 120 square feet, interior remodels, or tenant improvements which have no impact on the habitat or buffer shall be exempt from the buffer enhancement requirements.
(12) 
Required buffers shall not deny all reasonable use of property. A variance from buffer width requirements may be granted by the city of Marysville upon a showing by the applicant that:
(a) 
There are special circumstances applicable to the subject property or to the intended use such as shape, topography, location or surroundings that do not apply generally to other properties and which support the granting of a variance from the buffer width requirements; and
(b) 
Such buffer width variance is necessary for the preservation and enjoyment of a substantial property right or use possessed by other similarly situated property but which because of special circumstances is denied to the property in question; and
(c) 
The granting of such buffer width variance will not be materially detrimental to the public welfare or injurious to the property or improvement; and
(d) 
The granting of the buffer width variance will not materially affect the subject habitat area; and
(e) 
If a variance application for stream buffers is merged with a pending shoreline development permit application, the applicant shall pay the city a single fee equal to the amount of the shoreline permit; and
(f) 
No variance from stream buffers shall be granted which is inconsistent with the policies of the Shoreline Management Act of the state of Washington and the master program of the city of Marysville.
(g) 
Best available science, as set forth in MMC § 22E.010.040, shall be taken into consideration in the granting of a buffer width variance.
(Ord. 2852 § 10 (Exh. A), 2011)
After careful consideration of the potential impacts and a determination that impacts are unavoidable, unavoidable impacts to streams, associated fish buffers and wildlife habitat not exempt under MMC § 22E.010.190, granted a variance under MMC § 22E.010.220, or meeting the criteria for a reasonable use exception in MMC § 22E.010.410 shall be mitigated as follows:
(1) 
Adverse impacts to habitat functions and values shall be mitigated to the extent feasible and reasonable. Mitigation actions by an applicant or property owner shall occur in the following preferred sequence:
(a) 
Avoiding the impact altogether by not taking a certain action or parts of actions;
(b) 
Minimizing impacts by limiting the degree of magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;
(c) 
Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
(d) 
Reducing or eliminating the impact over time by preservation and maintenance operations;
(e) 
Compensating for the impact by replacing or providing substitute resources or environments;
(f) 
Monitoring the impact and taking appropriate corrective measures in accordance with MMC § 22E.010.260.
(2) 
Where impacts cannot be avoided, the applicant or property owner shall implement other appropriate mitigation actions in compliance with the intent, standards and criteria of this section. In an individual case, these actions may include consideration of alternative site plans and layouts, reductions in the density or scope of the proposal, and implementation of the performance standards listed in MMC § 22E.010.250.
(3) 
Alteration of habitats and their buffers may be permitted by the community development department subject to the following standards:
(a) 
Type S and F Streams. Alterations of Type S streams shall be avoided, subject to the reasonable use provisions of this chapter and conformance with the city of Marysville shoreline management master program. Access to the shoreline will be permitted for water-dependent and water-oriented uses subject to the mitigation sequence referred to in subsections (1) and (2) of this section;
(b) 
Type F, Np and Ns Streams. Alterations of Type F, Np and Ns streams may be permitted; provided, that the applicant mitigates adverse impacts consistent with the performance standards and other requirements of this chapter; and provided, that no overall net loss will occur in stream functions and fish habitat;
(c) 
Relocation of a stream may occur only when it is part of an approved mitigation or rehabilitation plan, and will result in equal or better habitat and water quality, and will not diminish the flow capacity of the stream.
(Ord. 2852 § 10 (Exh. A), 2011)
(1) 
Location and Timing of Mitigation.
(a) 
Mitigation shall be provided on-site, except where on-site mitigation is not scientifically feasible or practical due to physical features of the property. The burden of proof shall be on the applicant to demonstrate that mitigation cannot be provided on-site.
(b) 
When mitigation cannot be provided on-site, mitigation shall be provided in the immediate vicinity of and within the same watershed as the permitted activity on property owned or controlled by the applicant, where practical and beneficial to the fish and wildlife habitat resources. When possible, this means within the same watershed as the location of the proposed project.
(c) 
In-kind mitigation, as defined in Chapter 22A.020 MMC, shall be provided, except when the applicant demonstrates and the community development department concurs that greater functional and habitat value can be achieved through out-of-kind mitigation, as defined in Chapter 22A.020 MMC.
(d) 
Only when it is determined by the community development department that subsections (1)(a), (b), and (c) of this section are inappropriate or impractical shall off-site, out-of-kind mitigation be considered.
(e) 
Any agreed-upon proposal shall be completed before initiation of other permitted activities, unless a phased or concurrent schedule has been approved by the community development department.
(Ord. 2852 § 10 (Exh. A), 2011)
(1) 
The habitat performance standards and criteria contained in this section shall be incorporated into plans submitted for regulated activities. It is recognized that in specific situations, all the listed standards may not apply or be feasible to implement or individual standards may conflict, in which case the standard(s) most protective of the environment shall apply.
(a) 
Consider habitat in site planning and design;
(b) 
Locate buildings and structures in a manner that preserves and minimizes adverse impacts to important habitat areas;
(c) 
Integrate retained habitat into open space and landscaping;
(d) 
Where possible, consolidate habitat and vegetated open space in contiguous blocks;
(e) 
Locate habitat contiguous to other habitat areas, open space or landscaped areas to contribute to a continuous system or corridor that provides connections to adjacent habitat areas and allows movement of wildlife;
(f) 
Use native species in any landscaping of disturbed or undeveloped areas and in any enhancement of habitat or buffers;
(g) 
Emphasize heterogeneity and structural diversity of vegetation in landscaping, and food-producing plants beneficial to wildlife and fish;
(h) 
Remove and control any noxious or undesirable species of plants and animals;
(i) 
Preserve significant trees and snags, preferably in groups, consistent with achieving the objectives of these standards;
(j) 
Buffers shall be surveyed, staked, and fenced with erosion control and/or clearing limits fencing prior to any construction work, including grading and clearing, that may take place on the site; and
(k) 
Temporary erosion and sedimentation controls, pursuant to an approved plan, shall be implemented during construction.
(2) 
A landscape plan shall be submitted consistent with the requirements, goals, and standards of this chapter. The plan shall reflect the report prepared pursuant to MMC § 22E.010.330.
(3) 
As an incentive to encourage preservation of secondary and tertiary habitat, as those terms are defined in these regulations, the net amount of landscaping required by the city of Marysville may be reduced by 0.25 acres for each one acre of secondary or tertiary habitat and buffer preserved on the site; however, that amount cannot exceed 50 percent of the amount of required landscaping. The reduction shall be calculated on the basis of square feet of habitat preserved or enhanced and square feet of landscaping required. Habitat and habitat buffer that is enhanced by the applicant may also qualify for this reduction. Preservation of secondary or tertiary habitat shall be assured by the execution of an easement or other protective device acceptable to the city of Marysville.
(Ord. 2852 § 10 (Exh. A), 2011)
(1) 
A monitoring program shall be implemented to determine the success of the mitigation project and any necessary corrective actions. This program shall determine if the original goals and objectives are being met.
(2) 
A contingency plan shall be established for compensation in the event that the mitigation project is inadequate or fails. Security for performance in accordance with Chapter 22G.040 MMC is required for performance, monitoring and maintenance in accordance with the terms of the contingency plan. The security for performance shall be for a period of five years, but the community development director may agree to reduce the security in phases in proportion to work successfully completed over the duration of the security.
(3) 
The monitoring program shall consist of the following:
(a) 
During monitoring, best available scientific procedures shall be used as the method of establishing the success or failure of the project;
(b) 
For vegetation determinations, permanent sampling points shall be established;
(c) 
For measurement purposes, vegetative success shall equal 80 percent survival of planted trees and shrubs and 80 percent cover of desirable understory or emergent species;
(d) 
Monitoring reports shall be submitted on the current status of the mitigation project to the community development department. The reports shall be prepared by a qualified scientific professional and reviewed by the city, shall to the extent applicable include monitoring information on wildlife, vegetation, water quality, water flow, storm water storage and conveyance, and existing or potential degradation, and shall be produced on the following schedule:
(i) 
At time of construction;
(ii) 
Thirty days after planting;
(iii) 
Early in the growing season of the first year;
(iv) 
End of the growing season of first year;
(v) 
Twice the second year; and
(vi) 
Annually thereafter;
(e) 
Monitoring shall occur over three, four, or five growing seasons, depending on the complexity of the fish and wildlife habitat system. The monitoring period will be determined by the community development department and specified in writing prior to the implementation of the site plan;
(f) 
The applicant shall, if necessary, correct for failures in the mitigation project;
(g) 
The applicant shall replace dead or undesirable vegetation with appropriate plantings, based on the approved planting plan or MMC § 22E.010.150;
(h) 
The applicant shall repair damage caused by erosion, settling, or other geomorphological processes;
(i) 
Correction procedures shall be approved by a qualified scientific professional and the community development department; and
(j) 
In the event of failure of the mitigation project, the applicant shall redesign the project and implement the new design.
(Ord. 2852 § 10 (Exh. A), 2011)