A. A monitoring program shall be implemented by the applicant 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.

B. A contingency plan shall be established in the event that the mitigation project is inadequate or fails. A performance and maintenance bond or other acceptable security device is required to ensure the applicant's compliance with the terms of the mitigation agreement. The amount of the performance and maintenance bond shall equal one hundred twenty-five percent of the cost of the mitigation project and shall be provided for a minimum of five years. The bonding period shall coincide with the monitoring period.

C. Monitoring programs prepared to comply with this chapter shall reflect the following guidelines:

1. Use scientific procedures for establishing the success or failure of the project;

2. For vegetation determinations, permanent sampling points shall be established;

3. Vegetative success equals ninety percent per year survival of planted trees and shrubs and ninety percent per year cover of desirable understory or emergent species for the first year and one hundred percent survival for the next four years;

4. Submit monitoring reports on the current status of the mitigation project to the town. The reports are to be prepared by a qualified consultant and reviewed by the town or a consultant retained by the town and should include monitoring information on fish and wildlife, vegetation, water quality, water flow, stormwater storage and conveyance, and existing or potential degradation, and shall be produced on the following schedule: at the time of construction; thirty days after planting; early in the growing season of the first year; end of the growing season of first year; twice the second year; and annually thereafter;

5. Monitoring programs shall be established for a minimum of five years;

6. Monitoring programs shall include provisions to correct for failures in the mitigation project; including replacing dead or undesirable vegetation with appropriate plantings; repairing damages caused by erosion, settling or other geomorphological processes; and redesign of the mitigation project (if necessary) and implementation the new design; and

7. Correction procedures shall be approved by a qualified consultant and the town. (Ord. 00-387 §1(part), 2000)