A. Purpose. To establish standards that sustain and enhance the biological and ecological functions of vegetation; preserve the natural character and topography of the MRCCA; and maintain the stability of bluffs and steep slopes and ensure stability of other erosion-prone areas.
B. Applicability. This section applies to:
1. Shore impact zones;
2. Areas within fifty (50) feet of a wetland or natural drainage route;
3. Bluff impact zones;
4. Areas of native plant communities; and
5. Significant existing vegetation stands identified in the MRCCA plan.
C. Activities Allowed Without a Vegetation Permit.
1. Maintenance of existing lawns, landscaping and gardens;
2. Removal of vegetation in emergency situations as determined by the City;
3. Right-of-way maintenance for public facilities meeting the standards in Section 12-3-8.C;
5. Selective vegetation removal, provided that vegetative cover remains consistent with the management purpose of the MRCCA District, including the removal of:
a. Vegetation that is dead, diseased, dying, or hazardous;
b. Vegetation to prevent the spread of diseases or insect pests;
c. An individual tree or shrub; and
d. Invasive non-native species.
D. Activities Allowed With a Vegetation Permit.
1. Only the following intensive vegetation clearing activities are allowed with a vegetation permit:
a. Clearing of vegetation that is dead, diseased, dying, or hazardous;
b. Clearing to prevent the spread of diseases or insect pests;
c. Clearing to remove invasive, non-native species;
d. Selective removal of keystone species;
e. Clearing to prepare for restoration and erosion control management activities consistent with a plan approved by the City; and
f. The minimum necessary for development that is allowed with a building permit or as an exemption under Section 12-3-15.
2. General Performance Standards. The following standards must be met, in addition to a restoration plan under Section 12-3-9.F, in order for the City to approve a vegetation permit:
a. Development is sited to minimize removal of or disturbance to natural vegetation;
b. Soil slope stability, and hydrologic conditions are suitable for the proposed work as determined by the City Engineer;
c. Clearing is the minimum necessary and designed to blend with the natural terrain and minimize visual impacts to public river corridor views and other scenic views;
d. Vegetation removal activities are conducted to expose the smallest practical area of soil to erosion for the least possible time, and to avoid bird migration and nesting seasons; and
e. Any other condition determined necessary to achieve the purpose of this section.
E. Prohibited Activities. All other intensive vegetation clearing is prohibited.
F. Vegetation Restoration Plan.
1. Development of a vegetation restoration plan and reestablishment of native vegetation is required.
a. For any vegetation removed with a permit issued under Section 12-3-9.D (above);
b. Upon failure to comply with any provisions in this section; or
c. As part of the planning process for subdivisions as provided in Section 12-3-11.
2. Restoration Plan Performance Standards. The vegetation restoration plan must satisfy the application submittal requirements in Section 12-3-12 and:
a. Vegetation must be restored in one or more of the following restoration priority areas:
(1) Areas with soils showing signs of erosion, especially on or near the top and bottom of steep slopes and bluffs;
(2) Shoreline areas within twenty-five feet (25') of the water with no natural vegetation, degraded vegetation, or planted with turf grass;
(3) Areas on steep slopes and bluffs that are visible from the river with no natural vegetation, degraded vegetation, or planted with turf grass; or
(4) Other approved priority opportunity areas, including priorities identified in the MRCCA plan.
b. Include native vegetation that provides suitable habitat and effective soil stability, runoff retention, and infiltration capability. Vegetation species, composition, density, and diversity must be guided by nearby patches of native plant communities and by Native Vegetation Establishment and Enhancement Guidelines, as they may be amended or revised from time to time.
c. Any highly erodible soils disturbed during removal and/or restoration must be stabilized with deep-rooted vegetation with a high stem density.
d. Vegetation removed must be restored with native vegetation to the greatest extent practicable. The area (square feet) of the restored vegetation should be similar to that removed to the greatest extent practicable.
e. For restoration of removed native plant communities, restored vegetation must also provide biological and ecological function equivalent to the removed native plant communities. The area (square feet) of the restored vegetation should be equivalent to that removed to the greatest extent practicable.
f. Be prepared by a qualified individual or a licensed professional familiar with and experienced with native landscape materials and planting techniques; and
g. Include a maintenance plan that includes management provisions for controlling invasive species and replacement of plant loss for three (3) years.
3. The City will issue a certificate of compliance after the vegetation restoration plan requirements have been completed to the satisfaction of Public Works Director. (Ord. 568, 9-23-2021)