A.
When a critical area or its buffer has been altered in violation of this chapter, all ongoing development work shall stop and the critical area shall be restored. The City shall have the authority to issue a stop work order to cease all ongoing development work, and order restoration, rehabilitation or replacement measures at the owner’s or other responsible party’s expense to compensate for violation of provisions of this chapter.
B.
Restoration Plan Required. All development work shall remain stopped and the site stabilized until a restoration plan is prepared and approved by the City. Such a plan shall be prepared by a qualified professional and shall describe how the actions proposed meet the minimum requirements described in subsection C of this section. The city manager shall, at the violator’s expense, seek expert advice in determining the adequacy of the plan. Inadequate plans shall be returned to the applicant or violator for revision and resubmittal.
C.
Minimum Performance Standards for Restoration. For alterations to wetlands, streams and lakes, geologically hazardous areas, fish and wildlife habitats of importance, and flood hazard areas, the following minimum performance standards shall be met for the restoration of a critical area; provided, that if the violator can demonstrate that greater functional and habitat values can be obtained, these standards may be modified:
1.
The historic structural and functional values shall be restored, including water quality and habitat functions;
2.
The historic soil types and configuration shall be replicated;
3.
The critical area and buffers shall be replanted with native vegetation that replicates the vegetation historically found on the site in species types, sizes, and densities; and
4.
The historic functions and values should be replicated at the location of the alteration.
D.
Site Investigations. The city manager is authorized to make site inspections and take such actions as are necessary to enforce this chapter. The inspector shall present proper credentials and make a reasonable effort to contact any property owner before entering onto private property.
E.
Monitoring. Monitoring shall be required for five years unless otherwise determined by the city manager. A performance and/or maintenance bond of 125 percent of the estimated cost of restoring the functions and values of the critical area shall be posted to assure that all work or actions are satisfactorily completed and maintained in accordance with the approved plans, specifications, permit or approval requirements, and applicable regulations, and to ensure that all work or actions will be completed.
(Ord. 11-0329 § 3 (Exh. 1); Ord. 19-0488 § 2 (Exh. 1))