§ 6-60. Environmental restoration standard and agreements.

In the event any land clearing occurs on a site which clearing is outside the scope of any permit issued or for which no permit was issued, the Building Official shall issue a stop work order which shall remain in effect until all of the following restoration conditions have been met:

(1)

Restoration of the site to its previolation grade.

(2)

Replacement of the trees, shrubs, and groundcovers on the unlawfully cleared site with native species as appropriate to the site unlawfully cleared. The trees shall be of a size and maturity commensurate to the unlawful clearing as determined by the City Biologist. The native species mix shall consist of the approximate percentages of the predominant tree, shrub and groundcover species on the site unlawfully cleared prior to the violation, but if any endangered or threatened tree, shrub or groundcover species were unlawfully cleared, then those species shall be replaced with plants of a size and maturity commensurate to and related to the unlawful clearing as determined by the City Biologist regardless of predominance.

(3)

All replanted trees, shrubs, and groundcovers shall be located on site to the maximum extent possible. If all of the replacement plants cannot be physically replanted on site, the remainder shall be donated to the City to restore or manage public lands or, at the discretion of the City, to a willing government agency or a public or private conservation group to restore public lands. Alternatively, an amount of money equal to the rest of the replacement cost may be placed in an escrow account to be used by the City to restore or manage public lands or, at the discretion of the City by a willing government agency or a public or private conservation group for off-site replacement of the affected habitat. The City shall adopt administrative procedures for the management of the escrow account.

(Code 1999, § 9.5-110)