A. Vegetation Preservation and Construction Staging. The following standards shall be addressed in mitigation plans to protect vegetation identified for preservation and water resources from sedimentation when construction activity is proposed within a Water Resources Protection Zone.
1. Work areas on the immediate site shall be identified and marked to reduce damage to trees and vegetation. Temporary construction fencing shall be placed at the drip line of trees bordering the work area. No equipment maneuvering, staging, or stockpiling shall occur outside of designated work areas.
2. Trees shall not be used as anchors for stabilizing equipment.
3. Stockpiling of soil or soil mixed with vegetation, shall not be permitted in Water Resource Protection Areas on a permanent basis. Temporary storage shall employ erosion control measures to ensure sediments are not transported to adjacent surface waters.
4. Temporary erosion control measures shall be installed to prevent encroachment and flow of runoff, material, or other debris into the Water Resource. These measures shall be installed prior to the commencement of excavation, grading, site clearing, construction, or similar site work resulting in changes to the land. Access roads, staging areas, storage areas, and other areas of temporary disturbance necessary to complete the proposed activity shall be restored as soon as possible, but not more than 90 days after authorized land disturbance. Erosion control measures shall be in place concurrently with construction or establishment of the proposed activity. Temporary measures used for initial erosion control shall not be left in place permanently.
B. Options for Satisfying Restoration and Enhancement Requirements in Mitigation Plans. Mitigation plans are required to meet the standards in either the prescriptive option or alternative option as follows.
1. Prescriptive Option. The mitigation plan shall meet the following standards.
a. Re-Planting Timeline. Re-planting shall occur within 90 days of authorized land disturbance.
b. Restoration Area Ratio. Disturbed areas shall be re-planted and an additional area restored, re-planted and enhanced at a one square foot to one and a half square feet (1:1.5) ratio (e.g., if 100 square feet of surface area is disturbed, 150 square feet shall be restored, re-planted and enhanced).
c. Local Native Plant Species Coverage. The Stream Bank Protection Zone shall be a minimum of 50 percent plant coverage in local native plant species with the installation of new trees only to consist of native trees as illustrated in Figure 18.104.22.168.B.1.c.i, Figure 22.214.171.124.B.1.c.ii, and Figure 126.96.36.199.B.1.c.iii. The Wetland Protection Zone shall be 100 percent plant coverage in local native plant species and in accordance with local, state, and federal approved management plans. Local native plant species for stream bank and wetland applications are identified on the City’s Local Native Plant Species List. The use of noxious and invasive plants on the City’s Prohibited Plant List in Water Resource Protection Zones is prohibited.
d. Re-Planting Priorities.
i. Priority shall be given to removal of noxious and invasive vegetation and planting of local native plant species.
ii. Plant materials shall be located in such a manner as to maximize enhancement and restoration of the Water Resource Protection Zone, with particular emphasis on temperature reduction of watercourses, erosion control, bank stabilization, and wildlife habitat enhancement.
iii. Nearby riparian plant communities should be used as a guide for developing a re-vegetation plan.
e. Shrub and Tree Requirements. Re-planting shall include shrubs and tree canopy layers in accordance with the following coverage and spacing requirements.
i. Shrubs shall be planted and maintained to provide a minimum of 50 percent total coverage of the restored area within a five year period. The minimum planting size shall be one gallon. Restoration areas that have existing vegetated under-story consisting of healthy riparian shrubs that covers at least 50 percent of the restoration area are considered compliant with the restoration standards for under-story plantings.
ii. Canopy trees shall be planted at 20-foot intervals. The minimum planting size shall be one inch caliper. All new trees shall be staked and protected by deer/rodent-proof fencing. Restoration areas that have an existing vegetated tree canopy consisting of healthy trees at least four inches DBH and at an average spacing of 20 feet on–center are considered compliant with the restoration standards for trees.
f. Erosion Control. Erosion control material such as mulch, hay, jute-netting, or comparable material shall be applied to protect disturbed, re-planted areas. Disturbed areas shall be replanted so that landscaping shall obtain 50 percent coverage after one year and 90 percent coverage after five years.
g. Irrigation. New plantings shall be irrigated for a period of five years to ensure establishment.
h. Performance. Local native plant species that do not survive the first two years after planting shall be replaced.
i. Landscape and Irrigation Plans. A mitigation plan shall include landscape and irrigation plans, with details addressing the proposed plant species, variety, size of plant materials, number of plants, timing of plantings, plant spacing and installation methods. The landscape plan shall address the plant coverage by local native plant species after five years.
2. Alternative Option. The mitigation plan shall address the following requirements, and shall meet or exceed the standards in the prescription option in subsection 188.8.131.52.B.1.
a. Assessment of Water Resource Protection Zone Structures, Functions, and Values. A mitigation plan shall include an assessment of the structures, functions, and values (i.e., water quality, flood control, habitat, etc.) that will be adversely impacted by the proposed alterations of the Water Resource Protection Zone and a clear explanation of how these impacts are to be mitigated.
b. Objectives and Standards of Mitigation. A mitigation plan shall state specific plan objectives and establish clear and measurable standards for determining if stated objectives have been accomplished. For example, the objective might be to restore or enhance the shade canopy within a Stream Bank Protection Zone to benefit fish and reduce water temperature, while the standard might be a certain percentage of shade canopy coverage at the end of one year and 100 percent shade canopy coverage after three years.
c. Mitigation Site/Grading Plan. A statement and detailed plan of the location, elevation, and hydrology of the mitigation area, including a grading plan at two foot contour intervals. For applications involving Wetland Protection Zones, the application shall demonstrate that plants have adequate access to site hydrology. For applications involving Stream Bank Protection Zones, the grading plan shall identify newly planted areas and include slope stabilizing measures to prevent erosion, ensure vegetative coverage, and limit plant mortality.
d. Landscape Plan. The Stream Bank Protection Zone shall be a minimum of 50 percent plant coverage in local native plant species with the installation of new trees only to consist of native trees (see Figures 8, 9, and 10). The Wetland Protection Zone shall be 100 percent plant coverage in local native plant species and in accordance with local, state, and federal approved management plans. Local native plant species for stream bank and wetland applications are identified on the City’s Local Native Plant Species List. The use of noxious and invasive plants on the City’s Prohibited Plant List in Water Resource Protection Zones is prohibited. The landscape plan shall address the plant coverage by local native plant species after five years, and shall be size and species-specific, with details addressing the timing of plantings, proposed plant placement, and plant spacing.
e. Plan Preparation. The Staff Advisor may require the mitigation plan to be prepared by a natural resource professional.
C. Management Plan. The applicant shall implement a management plan for the Water Resource Protection Zone and resource areas under the applicant’ s ownership or control, including the areas restored and enhanced to assure long term conservation and maintenance. The management plan shall detail proposed monitoring and maintenance, and shall include a schedule delineating how completed projects will be monitored and reported to the Staff Advisor. The management plan shall contain the following requirements.
1. The approved mitigation plan.
2. Identification of Water Resources and Water Resource Protection Zone management practices to be conducted and proposed intervals.
3. The following statements.
a. “There shall be no alteration of the Water Resource Protection Zones as delineated and shown on the attached plan.” (attach reduced plan)
b. “There shall be no alteration of the size, shape, or design of an approved Water Resource Protection Zone without prior approval by the City of Ashland”.
c. “There shall be no amendment or change to this Management Plan without prior approval of the City of Ashland”.
4. Provisions for the ongoing removal and management of noxious or invasive vegetation and debris.
5. Provisions for the protection of protected plant and animal species in accordance with recommendations from applicable state and federal agencies.
6. Specific provisions for city enforcement of the management plan.
7. Any additional measures deemed necessary to protect and maintain the structures, functions and values of the Water Resource Protection Zone (e.g., signage delineating preservation boundaries).
8. Provisions for the perpetual protection and maintenance of the Water Resource and Water Resource Protection Zone including but not limited to the following.
a. Recordation of a conservation easement or Conditions, Covenants, and Restrictions (CC&Rs) which prescribe the conditions and restrictions set forth in the approved planning application, development permit, building permit, or proposed public facilities plans, and any imposed by state or federal permits.
b. Transfer of the ownership and maintenance responsibilities for the area to a willing public agency, non-profit association, or private conservation organization with a recorded conservation easement prescribing the conditions and restrictions set forth in the approved planning application, development permit, building permit, or proposed public facilities plans, and any imposed by state or federal permits.
c. Other mechanisms addressing long-term protection, maintenance, and mitigation consistent with the purposes and requirements of this ordinance as deemed appropriate and acceptable by the approval authority.
D. Performance Guarantee. In general, mitigation shall be implemented prior to or concurrently with the project. The approval authority may require a performance bond or similar monetary insurance of up to 110 percent of the proposal’s cost to guarantee that the mitigation proposal will be carried out as approved, and to ensure that the objectives are met through demonstration of compliance with measurable standards and that the site will be maintained to keep the Water Resource functioning properly.