HomeMy WebLinkAboutO-2812 - Amends Sec. 19.24.150 and 19.24.270, security for performance obligation (Repealed by 2852)CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO. 2 gJ.J
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON MAKING
TECHNICAL CORREqION TO SPECIFY THE FORM OF SECURITY FOR
PERFORMANCE uNDER CHAPTER 19.24 MMC, CRITICAL AREAS
MANAGEMENT, BY AMENDING SECfION(S) 19.24.150 AND 19.24.270 MMC
WHEREAS, the Gtyadopted Ordinance 2785 on July 27,2009, consolidating and establishing terms
for acceptable security for perfonnance and maintenance of improvements associated with development; and
WHEREAS, Ordinance 2785 incorrectly modified Section(s) 19.24.150(2) and 19.24.270(2) MMC,
requiring security for maintenance obligation, rather than security for perfonnance, as was intended with the
adoption of Ordinance 2785; and
WHEREAS, the Gtydesires to correct Ordinance 2785 and modifySection(s) 19.24.150 and
19.24.270 MMC, requiring security for perfonnance obligation;
NOW, TIlEREFORE, TIlE OTY caUNOL OF TIlE OTY OF MARYSVILLE,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. 19.24.150 MMCis hereby amended to read as follows:
19.24.150 Wetland monitoring program and contingency plan.
(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 perfonnance in accordance with Chapter 19.s1 MMC is
required for perfonnance, monitoring and maintenance in accordance with the terms of the
mitigation agreement. The security for perfonnance shall be for a period of five years, but the
community development department may agree to reduce the security in phases in proportion to
work successfully completed over the duration of the security.
(a) During monitoring, use scientific procedures for establishing the success of
failure of the project;
(b) For vegetation determinations, pennanent sampling points shall be
established;
(c) Vegetative success equals 80 percent survival of planted trees and shrubs
and 80 percent cover of desirable understory or emergent species;
(d) Submit monitoring reports on the current status of the mitigation project to
the community development department. The reports are to be prepared by a qualified
scientific professional and reviewed by the community development department and should
include monitoring infonnation on wildlife, vegetation, water quality, water flow, stonn
water storage and conveyance, and existing or potential degradation, and shall be produced
on the following schedule:
(~ At time of construction;
(il) Thirty days after planting;
(ill) Early in the growing season of the first year;
(iv) End of the growing season of first year;
(v) Twice the second year; and
(vij Annual1ythereafter,
(e) Monitor between three and five growing seasons, depending on the
complexity of the wetland system. The time period will be determined and specified in
writing prior to the implementation of the site plan;
(fj If necessary, correct for failures in the mitigation project;
(g) Replace dead or undesirable vegetation with appropriate plantings, based on
the approved planting plan or MMC 19.24.140;
(h) Repair damages caused by erosion, settling or other geomorphological
processes;
(~ Redesign mitigation project (if necessary? and implement the new design;
and
0) Correction procedures shall be approved by a qualified scientific
professional and the community development department.
Section 2. 19.24.270 MMC is hereby amended to read as follows:
19.24.270 Fish and wildlife habitat monitoring program and contingency plan.
(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 19.51
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,
stormwater storage and conveyance, and existing or potential degradation, and shall be
produced on the following schedule:
(~ At time of construction;
(ii) Thirty days after planting;
(ill) Early in the growing season of the first year;
(iv) End of the growing season of first year;
(v) Twice the second year; and
(v~ Annually thereafter,
(e) Monitoring shall occur 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;
(fj 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 19.24.140;
(h) The applicant shall repair damage caused by erosion, settling, or other
geomorphological processes;
(~ Q>rrection procedures shall be approved by a qualified scientific
professional and the community development department; and
G) In the event of failure of the mitigation project, the applicant shall redesign
the project and implement the new design.
Section 3. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection,
sentence, clause, phrase or word of this ordinance.
PASSED by the City Council and APPROVED by the Mayorthis ~day of
Jinu.aa---, 2010.
orr OF MARYSVILLE
By.~Lk~
ENNIS KENDALL, MAYOR
Approved as to form:
By: ~/c.W~
-'"GRANT K. WEED, orrATTORNEY
Date of Publication: -4~DIf, "
Effective Date: I 1---r (0
(5-after publication)