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HomeMy WebLinkAboutOrdinance 6021 07/15/2002 . . . ORDINANCE NO. 6021 (General) AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE, ARTICLE 1 GENERAL PROVISIONS BY AMENDING SECTIONS 1.030 AND 1.050; ARTICLE 2 DEFINITIONS, BY AMENDING SECTION 2.020; ARTICLE 31 MINIMUM DEVELOPMENT STANDARDS AND SITE PLAN REVIEW STANDARDS BY AMENDING SECTIONS 31.010, 31.020, 31.030, 31.050, 31.060,31.070, AND 31.100 AND ADDING SECTION 31.240; ARTICLE 32 PUBLlC,AND PRIVATE IMPROVEMENTS, BY AMENDING SECTIONS 32.110 AND 32.120; ARTICLE 34 PARTITION STANDARDS BY AMENDING SECTIONS 34.010, 34.030, 34.050, 34.060 AND 34.070; AND ARTICLE 35 SUBDIVISION STANDARDS BY AMENDING SECTIONS 35.010, 35.040, 35.050 AND 35.060 AND ADDING SECTION 35.055; ADOPTING THE WATER QUALITY LIMITED WATERCOURSE MAP; AND ADOPTING A SEVERABILITY CLAUSE. THE CITY COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT: WHEREAS, the Springfield Development Code (SDC) was adopted by the Springfield City Council on May 5; 1986, and amendments thereto were subsequently adopted by Ordinance; and WHEREAS, Article 7 of the SDC sets forth procedures for the amendment of this document; and . WHEREAS, the City's two primary watercourses, the Willamette River and the McKenzie River are on the Oregon Department of Environmental Quality's list of Water Quality Limited Watercourses under the "Clean Water Act (CWA) Section 303( d) list" primarily because of water temperature problems ana the City will be expected to implement standards that are responsive to the stricter water quality standards under the CWA National Pollutant Discharge Elimination System Phase II requirements for clean water discharges that will be effective for Springfield in 2003; and WHEREAS, 100 percent of the City's drinking water comes from wells and continued compliance with the Safe Drinking Water Act (SDWA) is necessary; and WHEREAS, on March 16, 1999 the National Marine Fisheries Service (NMFS) listed the Spring Chinook Salmon populations that inhabit the Willamette River, McKenzie River and several of their tributaries as a threatened species under the Endangered Species Act (ESA); ESA Section 4(d) became effective for Spring Chinook Salmon on January 8, 2001; ESA Section 4( d) established protective regulations that apply to a species listed as threatened by introducing "take" provisions; and ESA Section 11 provided for substantial civil and criminal penalties for actions that result in the "take" of a listed species; and clean water is essential to salmon habitat; and WHEREAS, staff has demonstrated linkages between Metro Plan policies, state regulations and the CWA and SDWA as set forth in the Staff Report incorporated herein by reference; and WHEREAS, the intent of the proposed SDC amendments is to implement interim provisions to bring the SDC and future development within the City's land use jurisdiction closer to compliance with the federal standards of the CWA, the SDWAand the ESA; and WHEREAS, on June 18, 2002, the Springfield Planning Commission held a public hearing on this SDC amendment request (Jo. No. 2002-02-0038). The Springfield Planning Commission voted 6 to 0, with one absent to recommend approval of these amendments to the City Council based upon findings in support of adoption of these amendments to the SDC as set forth in the Staff Report and the Recommendation to the Council incorporated herein by reference; and. . . WHEREAS, on July 1, 2002, the Springfield City Council held a public hearing and is now ready to take action on this matter based upon the above recommendation and the evidence and testimony already in the record as well as the evidence and testimony presented at this publiC hearing held in the matter of adopting this ordinance amending the SOC. Ordinance 6021 Page 1 " . . . NOW THEREFORE, THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS: Section 1: Section 1.030 APPLICABILITY is hereby amended as described below: (1) Land, may be used, or developed by land division or otherwise, and a structure may be used or developed by construction, reconstruction, alteration, and occupancy or otherwise, only as this Code permits. (2) It is the intent of this Code that all development will comply with the applicable requirements of the following: Federal programs, regulations and statutes, including, but not limited to the Clean Water Act, the Safe Drinking Water Act and the Endangered Species Act; State programs, regulations and statutes, including, but not limited to permitting agencies such as the Oregon Division of State Lands, the Oregon Department of Transportation and the Oregon Department of Environmental Quality; and local programs, regulations and statutes, including, but not limited to the MetroPlan together with functional plans and applicable refinement plans, the Springfield Municipal Code (SMC) 1997, the Springfield Building Safety Codes and the Springfield Fire and Life Safety Codes which may be applicable to a development. Except where specified in this Code or the SMC, the specific enforcement of and compliance with applicable state and Federal regulations shall be under the jurisdiction of the appropriate agency. Therefore, approvals granted through the administration of this Code do not constitute Federal or state approvals. Section 2: Section 1.050 VIOLATION AND PENALTIES is hereby amended as described below: (1) Enforcement of this Code may be through the applicable procedures for abatement and civil infractions in the Springfield Municipal Code, 1997. The enforcement remedies available under this Code or the Municipal Code are not exclusive and do not preclude the City from using any other remedies available by law. In addition, the Building Official may order any work stopped by notice in writing. (2) The Director may, in writing, suspend or revoke any permit or approval granted under the provisions of this Code whenever the permit or approval is granted in error on the basis of incorrect information supplied or whenever its granting (or activity permitted) is in violation of any ordinance or regulation, or whenever the holder of the permit or approval violates the provisions of either this Code or the Springfield Municipal Code, 1997. Section 3: Section 2.020 MEANING OF SPECIFIC WORDS AND TERMS is hereby amended or terms added as described below: BASE FLOW. The portion of a stream flow that is not run-off cmd results from seepage of water from the ground into achannel. The primary source of running water in a stream during dry weather. CHANGE OF USE. A change from an existing use to another land use according to the land use and permit requirements in this Code. CLEAN WATER ACT (CWA). A federal law established in 1972 to restore and maintain the chemical, physical and biological integrity of water, including lakes, rivers aquifers and coastal areas. DESIGNATED BENEFICIAL USE. The purpose or benefit to be derived from a watercourse. For the Willamette and McKenzie Rivers and all other streams and tributaries, the following beneficial uses apply: Public domestic water supply, private domestic water supply, industrial water supply, irrigation, live stock watering, anadromous fish passage, salmonid fish rearing salmonid fish spawning, resident fish and aquatic life, wildlife, fishing, boating, water contact recreation aesthetic quality ~nd hydro power (except for the Willamette River). Ordinance 6021 Page 2 . . . DEVELOPMENT AREA. The area sUbjeCt to any application required by this Code. DIRECT TRIBUTARY TO A WATER QUALITY LIMITED WATERCOURSE. A direct tributary to a Water Quality Limited Watercourse (WQLW) is one that flows directly into a WQLW, except for those watercourses that flow into the WQL W as a piped connection, where the pipe system extends more than 200 feet upstream of the connection point or is one that is a diversion from a WQLW and that discharges into either a WQLW or other direct tributary to a WQLW and where the water quality of the diverted flow at the discharge point has been degraded when compared with the water quality at the diversion point. ENDANGERED SPECIES ACT (ESA). A federal law established in 1973 that provides significant protection for various species of fish, wildlife and plants facing extinction that are listed as needing protection. ENGINEERING DESIGN STANDARDS AND PROCEDURES MANUAL. A manual of design standards and procedures prepared by the Public Works Department and adopted by resolution of the City Council. These standards and procedures are applicable to public and private improvements and allow City staff to provide certainty to developers and consultants to ensure safe, efficient, and cost effective transportation, sanitary sewer, and storm water management system projects within the City of Springfield and its Urban Growth Boundary. IMPERVIOUS SURFACE. Any surface that either prevents or retards the entry of water into soil. Common impervious surfaces include, but are not limited to, rooftops, walkways, patios, driveways, parking lots and/or storage areas, concrete or asphalt paving, gravel surfaces with compacted subgrade, packed earthen materials and oiled macadam or other surfaces that similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered impervious surfaces. INVASIVE PLANTS. Non-native plants that spread quickly, are highly competitive and difficult to control or eliminate. Introduced intentionally or accidentally through human actions and spread by seed, by birds, by wind, or vegetatively, these exotic plants can destroy native plants, choke waterways, degrade recreational areas and necessitate costly maintenance. The Invasive Plahts List is a listing of plants that the City considers undesirable for use in landscaping within its jurisdiction. LAND AND DRAINAGE ALTERATION PERMIT (LDAP). A City permit for any fill, grading and excavation that is required before any site preparation work can begin. LISTED SPECIES. The Endangered Species Act provides for listing plant and animal species into the following categories: Listed Endangered Species and Listed Threatened Species. An endangered species is an animal or plant listed by regulation as being in danger of extinction. A threatened species is any animal or plant that is likely to become endangered within the foreseeable future. NATIVE PLANTS, NATIVE VEGETATION. Plant species that are indigenous to a local area and adapted to the local climate, soils and hydrology as distinguished from plant species that have been deliberately or accidentally imported or introduced from other areas by humans or human activities. The Native Plants List is available in the Development Services Department. OUTFALL. The point of discharge from a river, pipe, drain, etc. to a receiving watercourse. PHYSICAL FEATURES. These features include, but are not limited to significant clusters of trees and shrubs, watercourses shown on the Water Quality Limited Watercourse Map and their riparian areas, wetlands and rock outcroppings. Ordinance 6021 Page 3 . . . PROPERLY FUNCTIONING CONDITION, The sustained presence of natural habit-forming processes (e.g., hydraulic run-off, transport, channel migration, native vegetation succession) that are necessary for the long-term survival and recovery of the species. PUBLIC WORKS DIRECTOR. The Director of Public Works or a duly authorized representative. The City Engineer, the Environmental Services Manager and the Transportation Manager routinely serve as representatives of the Public Works Director. REDEVELOPMENT. Development that requires demolition or removal of existing structures or impervious surfaces at a site and replacement with new construction. Maintenance activities such as repavement are not considered redevelopment. RIPARIAN AREA. A zone of transition from an aquatic to a terrestrial system, dependent upon surface or subsurface water, that reveals through the zones existing or potential soil-vegetation. complex the influence of such surface or sub-surface water. A riparian area may be located adjacent to a lake, reservoir, estuary, spring, bog, wet meadow, slough, or ephemeral, intermittent or perennial stream. Riparian areas protected under Articles 31, 34 and 35 of this Code shall be limited to those along watercourses shown on the Water Quality Limited Watercourse Map, RIPARIAN AREA FUNCTIONS. These functions shall include, but not be limited to: maintaining temperature; maintaining channel stability; providing flood storage; providing groundwat~r recharge; removing sediments; reducing contaminants such as: excess nutrients; oils and grease; metals; and fecal coliform; moderating stormwater flows; and providing fish and wildlife habitat. Degraded riparian function means that one or more of the functions listed above are at risk. SAFE DRINKING WATER ACT (SDWA). A federal law established in 1974, to protect drinking water and its sources (rivers, lakes, reservoirs, springs, and ground water) and sets standards for drinking water quality and oversees the states, localities, and water suppliers who implement those standards. STORMWA TER. Water derived from a storm event or conveyed through a storm sewer water management system. STORMWATER BEST MANAGEMENT PRACTICES (BMPs). (A) Nonstructural. Strategies implemented to control stormwater run-off that focus on pollution prevention, such as alternative site design, zoning and ordinances, education and good housekeeping measures. (B) Structural. Engineered devices implemented to control, treat or prevent storm water run-off pollution. STORMWATER MANAGEMENT SYSTEM. The structures, facilities, and practices utilized by the City and/or a development to control and manage the quantity and quality of groundwater discharges and surface water run-off, including stormwater run-off, non-storm generated run-off, and floodwaters. Ordinance 6021 Page 4 . . . TOP OF BANK. For a given watercourse, the top of bank is the same as the "bankfull stage". The "bankfull stage" is defined as the stage or elevation at which water overflows the natural banks of streams or other waters of the state and begins to inundate the upland. The ground elevations on both sides of the watercourse are examined and the lower grade break elevation; the elevation where water would leave the channel in a particular reach is used. The elevati0n of the lower bank controls the bank full elevation for a watercourse reach. The edge of the bankfull watercourse typically corresponds to the start of the floodplain. The start of the floodplain is often characterized by: . A berm or other break in slope from the watercourse bank to a flat valley bottom, terrace or bench; . A change in vegetation from bare surfaces or annual water-tolerant species to perennial water- tolerant or upland species; and . A change in the size distribution of surface sediments (e.g., gravel to fine sand) (Figure 1). .::-.J ~ ~\l~ S;;lnwnbe:rr Shruh I In.:!K.;dM:';; L , ::a~~ Bankfull Widlh Sill\" (,ravel Figure 1. Indicators for determining bankfull width. In the absence of physical evidence, the two-year recurrence interval flood elevation may be used to approximate the bankfull stage. WATERCOURSE. Rivers, streams, sloughs, drainages including intermittent streams and seeps, ponds, lakes, aquifers, wetlands and other waters of the state. This definition also includes any channel in which a flow of water occurs, either continuously or intermittently, and if the latter with some degree of regularity. Watercourses may be either natural or artificial. SpecifiC wa~ercourses that are protected by this Code shall be those shown on the Water Quality Limited Watercourse Map. WATER QUALITY LIMITED WATERCOURSE (WQLW). Those watercourses within the City and its urbanizing area that are specified on the WQLW Map. WATERS OF THE STATE. These waters include lakes, bays, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Pacific Ocean within the territorial limits of the State of Oregon, and all other bodies of surface or underground waters, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters which do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Ordinance 6021 Page 5 . . . WETLANDS. Areas inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of hydrophitic vegetation typically adapted for life in saturated soil conditions. Wetlands include swamps, marshes, bogs, and similar areas except those constructed as water quality or quantity control facilities. Section 4: The Article 31 title page is hereby amended as described below: ARTICLE 31 MINIMUM DEVELOPMENT STANDARDS AND SITE PLAN REVIEW STANDARDS 31.010 MINIMUM DEVELOPMENT STANDARDS 31.020 SITE PLAN REVIEW - PURPOSE AND APPLICABILITY 31.030 SITE PLAN REVIEW - REVIEW PROCESS 31.040 RESERVED FOR FUTURE USE 31.050 SITE PLAN REVIEW - INFORMATION REQUIREMENTS 31.060 SITE PLAN REVIEW - CRITERIA 31.070 SITE PLAN REVIEW - CONDITIONS OF APPROVAL 31.080 SITE PLAN REVIEW - FINAL SITE PLAN 31.090 SITE PLAN REVIEW - DEVELOPMENT AGREEMENT 31.100 SITE PLAN REVIEW - MODIFICATIONS 31.110 SITE PLAN REVIEW - SECURITY AND ASSURANCES 31.120 SITE PLAN REVIEW - MAINTAINING THE USE 31.130 SITE PLAN REVIEW - LANDSCAPING STANDARDS 31.140 SITE PLAN REVIEW - PLANTING STANDARDS 31.150 SITE PLAN REVIEW - PLANTING INSTALLATION STANDARDS 31.160 SITE PLAN REVIEW - SCREENING AND LIGHTING STANDARDS 31.170 SITE PLAN REVIEW - PARKING STANDARDS 31.180 SITE PLAN REVIEW - PARKING LOT DESIGN STANDARD$ 31.190 SITE PLAN REVIEW - PARKING AREA IMPROVEMENT STANDARDS 31.200 SITE PLAN REVIEW - OFF-STREET LOADING STANDARDS 31.210 SITE PLAN REVIEW.., BICYCLE PARKING STANDARDS 31.220 SITE PLAN REVIEW - MINIMUM REQUIRED BICYCLE PARKING SPACES 31.230 SITE PLAN REVIEW - BICYCLE COMMUTER FACILITIES 31.240 SITE PLAN REVIEW - WATER QUALITY PROTECTION Ordinance 6021 Page 6 . . . Section 5: Section 31.010 MINIMUM DEVELOPMENT STANDARDS is hereby amended as described below: (1) Purpose. Minimum Development Standards (MDS) are intended to support economic development by minimizing City review for minor additions or expansions, or changes in use specified in this Section. MDS shall ensure compliance with specific appearance; transportation safety and efficiency; and stormwater management standards specified in this Code and otherwise protect the publiC health, safety and welfare. (2) Applicability. (a) MDS shall apply: 1. To developed properties that do not require either Site Plan Review as specified in Section 31.020 of this Code or Site Plan Modification as specified in Section 31.100 of this Code; and 2. Within Springfield's city limits Only; and 3. Within commercial, industrial and public land zoning districts only, where there is: A. An addition or expansion that is: i. 50 percent or less than the existing building gross floor area and/or impervious surface area; or ii. 5,000 square feet or less of additional building gross floor area and/or impervious surface area, whichever is less. iii. Serial expansions shall be limited so that the standards specified in i. and ii. are not exceeded in a 3-year period. Exception: The installation of items, including but not limited to internal sidewalks or bases for benches that are less than 50 square feet shall not initiate MDS review; and B. A change in use of a building or property. (b) Where there is an addition, expansion or change in use of a building or property containing multiple uses, the property owner shall bring the entire property into compliance with the standards specified in Subsection (4) of this Section. If the property contains more than three uses, the Director and property owner may enter into an agreement so that as a use changes or expands a percentage of the property shall comply with MDS requirements with the intent that the total property will meet MDS requirements over time. This agreement shall not affect the MDS timelines specified in Subsection (5) of this Subsection. Exception: In cases where the proposed addition, expansion or change in use is an espresso cart that has wheels, the Director may waive the MDS requirement on properties containing existing multiple uses. (c) Where the property is currently in compliance with all of the standards specified in Subsection (4) of this Section, MDS shall not apply. Ordinance 6021 Page 7 . . . (3) MDS Review Process. (a) MDS shall be reviewed under the Type I review process, unless the Director finds that the proposed use should be reviewed under the Type II review process. (b) A complete application together with all required materials shall be accepted by the Director prior to staff review of the application as specified in Section 3.050, Application Submittal. (c) Where applicable, a copy of any required ODOT Right-of-Way Approach Permit application shall be submitted concurrently with the MDS application. (4) SDC Standards Applicable to MDS Approval. In order to grant MDS approval, the Director shall determine compliance with all applicable standards specified below: , (a) A five-foot wide landscaped planter strip, including street trees, with approved irrigation or approved drought resistant plants as specified in Sections 31.130, 31.140 and 32.050 of this Code shall be installed between the sidewalk and parking areas or buildings. Exceptions: 1. Where there is an unimproved street, a foW foot wide landscaped planterstrip shall be required to be set back one foot from the property line. 2. Where there is insufficient space for the landscaped strip required in Subsections (4 )(a) and (4)(a)1. of this Section due to existing buildings, street width, paved parking, changes of elevation or location of utilities including catch basins, the Director may approve: A. Decorative fencing located immediately behind the property line. This fencing may be wrought iron or masonry and shall be subject to the height standards of the applicable zoning district and the vision clearance setbacks of Section 32.070 of this Code; and/or B. Landscaping equivalent to the amount required in Subsection (4)(a) of this Section may be placed at the property corners or other areas of the property that are visible from the street. (b) Trash receptacles and outdoor storage areas shall be screened by a structure or enclosure permanently affixed to the ground as specified in Section 31.160 of this Article. (c) Bicycle parking spaces shall be added to meet the numerical standards for the appropriate use or upgraded to meet the standards set in Sections 31.210 and 31.220 of this Article. Exception: In cases where the number of bicycle parking spaces cannot be met due to lot size or physical constraint, the Director, in consultation with the Transportation . Planning Engineer, may reduce the standard without a Variance if a finding is made that the reduction will not have an adverse impact on public safety. . (d) Parking and circulation areas shall be paved and striped and wheel stops installed as specified in Sections 31.170 and 31.190 of this Article. Required paving and other impervious surfaces on the site shall comply with on-site stormwater management standards as specified in Section 32.110 of this Code. Ordinance 6021 Page 8 . . . (e) Exception: In cases where the number of vehicular parking spaces cannot be met due to lot size or physical constraint, the Director, in consultation with the Transportation Planning Engineer, may reduce the standard without a Variance if a finding is made that the reduction will not have an adverse impact on public safety. Access onto the public right-of-way shall comply with Section 32.080 of this Code. 1. Where the property abuts an improved street, any non-conforming or unsafe curb cuts, as determined by the Transportation Manager, shall be removed and replaced with curb, gutter and sidewalk. 2. Where the property abuts an unimproved street, any non-conforming or unsafe access points, as determined by the Transportation Manager, shall be: a. Removed by the use of fencing, extruded curbs or other method of approved barricade; and b. The property owner shall sign an Improvement Agreement guaranteeing future participation in a Local Improvement District. 3. If an existing curb cut or access point is closed, the Director may require a joint use access agreement with a neighboring property as specified in Section 32.080( 1 )(b) of this Code. (f) Concrete sidewalks shall be installed where the site abuts a curb and gutter street as specified in Section 32.040 of this Code. (9) Streetlights shall be installed as specified in Section 32.060 of this Code. (h) The development shall connect to public utilities as specified in Sections 32.100 through . 32.120 of this Code and comply with the Springfield Building Safety Codes, where applicable. Easements may be required as specified in Subsection 32.120(5) of this Code. (5) Timelines and Conditions of Approval. (a) The property owner and/or applicant shall comply with the standards specified in Subsection (4) of this Section within 90 days of the Director's approval as follows: 1. Submittal of a Final Plot Plan within 30 days of the Director's approval that states the starting date of all required improvements and that demonstrates compliance with all conditions of approval required to meet the standards specified in Subsection (4) of this Section. Submittal of a Final Plot Plan shall include the following additional material, where applicable: A. The original recorded Improvement Agreement. B. Any required ODOT Right-of-Way Approach Permit. Exception: If the ODOT Right-of-Way Approach Permit cannot be obtained by the time line specified in Subsection (5)(a)1. of this Section, the Director may defer the submittal of this document until the start of construction date specified in Subsection (5)(a)3. of this Section. Ordinance 6021 Page 9 . . . C. A copy of a recorded joint use access/parking agreement. D. A copy of a recorded private easement or the original public utility easement. 2. The signing of a Development Agreement by the property owner within 45 days of the Director's approval of the Final Plot Plan. 3. The construction of the required improvements shall begin within 90 days of the MDS decision. If this time line cannot be met, the applicant may submit a written request for a time line extension as specified in Subsection (5)(b) of this Section. (b) The Director may allow a one-time extension of the 90-day start of construction time line specified in Subsection (5)(a)3. of this Section due to situations including but not limited to, required permits from the City or other agencies, weather conditions, the unavailability of asphalt or the unavailability of street tress. If the time extension is allowed, security shall be provided as specified in Section 31.110 of this Article. The time line extension shall not exceed 90 days. (c) If the time line established in Subsection (5)(a)3. of this Section is not met and the applicant has not requested an extension as specified in Subsection (5)(b), then the Director shall declare the application null and void if the property is occupied and the property owner shall be considered in violation of this Code. (d) If the time line established in Subsection (5)(a)3. of this Section is not met and the applicant has requested an extension as specified in Subsection (5)(b) and that time line has not been met, then the Director may require that the improvements be installed as specified in Subsection 31.11 0(4) of this Article. Section 6: Section 31.020 SITE PLAN REVIEW - PURPOSE AND APPLICABILITY is hereby amended as described below: (1) Purpose. The purpose of Site Plan Review is to: Facilitate and enhance the value of development; Regulate the manner in which land is used and developed; Ensure the provision of public facilities and services; Maintain the integrity of the City's watercourses by promoting bank stability; assisting in flood protection and flow control, protecting riparian functions, minimizing erosion, and preserving water quality and significant fish and wildlife areas; Provide for connectivity between different uses; Utilize alternative transportation modes including and walking, bicycling and mass transit facilities; Implement the Metro Plan, applicable refinement plans and specific area plans and specific development plans; Minimize adverse effects on surrounding property owners and the general public through specific conditions of approval; and Otherwise protect the public health and safety. C (2) Applicability. Within the City and its urbanizable area, Site Plan Review shall be required for single family and duplex dwellings on properties zoned Medium Density Residential and High Density Residential in order to meet the minimum density requirements of these zones, multi-family residential, commercial, public and semi-public, and industrial development or uses including construction of impervious surface.s for parking lots and storage areas: (a) New development on vacant sites and redevelopment as a result of demolition and removal of existing buildings and impervious surfaces on a formerly occupied site. (b) Additions or expansions that exceed either 50 percent of the existing building gross floor area or 5,000 square feet or more of new building gross floor area and/or impervious surface area. Ordinance 6021 Page 10 . . . Exception: The Director may determine that Site Plan Review does not apply to certain single family and duplex dwellings on properties zoned Medium Density Residential and High Density Residential when the lot size allows only one such dwelling. (c) Additions and expansions and changes of use, regardless of size or intervening use, that: 1. Contain or are within 150 feet of the top of bank (as measured from the property line of the subject property) of any Water Quality Limited Watercourses (WQL W) identified on the WQLW Map on file in the Development Services Department; 2. Contain or are within 100 feet of the top of bank (as measured from the property line of the subject property) of any direct tributaries of WQLW identified on the WQLW Map on file in the Development Services Department; 3. Are located within the City's urbanizable area, outside of the city limits; or 4. Are located within 50 feet of residentially zoned or designated land (as measured from the property line of the subject property). Exception: The Director may determine that Site Plan Review does not apply to certain changes of use required under Subsections 1. through 4. if a finding is made that the change of use will not have an adverse impact on water quality and/or residential uses. In this case, the change of use shall be reviewed under Minimum Development Standards procedures specified in Section 31.010(2) of this Article. (d) All Discretionary Uses, where applicable. . (e) Development within the area of adopted Development Area Plans and Conceptual Development Plans. (f) Any uses listed in Articles 16 through 30, which specifically require Site Plan Review. (g) Certain wireless telecommunications systems facilities (Article 32). Refer to Section 32.130 for siting standards and review process for applicable underlying zoning district. (3) No development permit will be issued by the City prior to approval of the Preliminary Site Plan application. Exception: In certain cases, the Director may issue a Land and Drainage Alteration Permit prior to approval of the Preliminary Site Plan. Section 7: Section 31.030 SITE PLAN REVIEW - REVIEW PROCESS is hereby amended as described below: (1) Pre-Application Options. Although voluntary, prospective applicants are generally encouraged to request a Pre-Application Meeting (informal process) or Pre-Application Report (formal process). Both options allow the prospective applicant to meet with City staff to make the developer aware of the substantive and procedural requirements of this Code and applicable Refinement Plans and to otherwise identify policies and regulations that create opportunities or pose significant constraints for the proposed development. (2) Review. Unless specified elsewhere in this Code, Site Plans shall be reviewed under Type II procedure. A complete application together with all required materials shall be accepted by the Director prior to staff review of the application as specified in Section 3.050, Application Submittal. Ordinance 6021 Page 11 . . . Section 8: Section 31.050 SITE PLAN REVIEW -INFORMATION REQUIREMENTS is hereby amended as described below: All Site Plan applications that contain structures over 4,000 square feet of gross floor area shall be prepared by an Oregon licensed Architect or Engineer. The services of an Oregon registered Engineer may also be required by the City in order to resolve utility issues, especially storm water management, street design and transportation issues, site constraint and/or water quality. A Site Plan shall contain all the elements necessary to demonstrate that requirements of this Code are being fulfilled and shall include but not be limited to the following: (1) General requirements. A Site Plan shall be drawn in ink on quality paper no smaller than 8 1/2" x 14" and shall contain the following information: (a) The scale (appropriate to the area involved and sufficient to show detail of the plan and related data, such as 1" = 30',1" = 50' or 1" = 100'), north arrow, and date of preparation. (b) The street address and assessor's map and tax lot number. (c) The dimensions (in feet) and size (either square feet or acres) of the development area. (d) Proposed and existing buildings: location, dimensions, size (gross floor area), conceptual floor plan, setbacks from property lines, distance between buildings, and height. (e) The location and height of proposed or existing fences, walls, outdoor equipment and storage, trash receptacles, and signs. (f) Proposed number of employees and future expansion plans. (9) Area and percentage of the site proposed for buildings, structures, driveways, sidewalks, patios and other impervious surfaces. This information is necessary to allow staff to determine the Site Plan Review fee. (h) Observance of solar access requirements as specified in the appropriate zoning district. (i) Exterior elevations of all buildings and structures proposed for the development site. (j) Area and dimensions of all property to be conveyed, dedicated or reserved for common open spaces, recreational areas and other similar public and semi-public uses. (2) A Site Assessment of the entire development area. The Site Assessment shall be prepared by an Oregon licensed Landscape Architect or Engineer and drawn to scale with existing contours at 1- foot intervals and percent of slope that precisely maps and delineates the areas described below. Proposed modifications to physical features shall be clearly indicated. The Director may waive portions of this requirement if there is a finding that the proposed development will not have an adverse impact on physical features or water quality, either on the site or adjacent to the site. Adjacent properties include those within the distances specified in Section 31.020(2)(c) of this Article. Information required for adjacent properties may be generalized to show the connections to physical features. A Site Assessment shall contain the following information: (a) The name, location, dimensions, direction of flow and top of bank of all watercourses that are shown on the Water Quality Limited Watercourse Map on file in the Development Services Department; Ordinance 6021 Page 12 . . . (b) The 100-year f1oodplain'and f100dway boundaries on the site, as specified in the latest adopted FEMA Flood Insurance Rate Maps or FEMA approved Letter of Map Amendment or Letter of Map Revision; (c) The Time of Travel Zones, as specified in Article 17 of this Code and delineated on the Wellhead Protection Areas Map on file in the Development Services Department; (d) Physical features including, but not limited to significant clusters of trees and shrubs, watercourses shown on the Water Quality Limited Watercourse Map and their riparian areas, wetlands and rock outcrop pings; and (e) Soil types and water table information as mapped and specified in the Soils Survey of Lane County. (3) An Access, Circulation and Parking Plan complying with the standards of this Code. (a) Location, dimensions and number of typical, compact and disabled parking spaces; including aisles, landscaped areas, wheel bumpers, directional signs and striping; (b) On-site vehicular and pedestrian circulation; (c) Access to streets, alleys and properties to be served, including the location and dimensions of existing and proposed curb cuts and curb cuts proposed to be closed; (d) Exterior lighting: including the type, height and area of illumination; (e) Location, type and number of bicycle spaces; (f) Amount of gross floor area applicable to the parking requirement for the proposed use; (9) Location of off-street loading areas; (h) Existing and proposed transit facilities; (i) A copy of a Right-of-Way Approach Permit application where the property has frontage on an Oregon Department of Transportation (ODOT) facility; and 0) A Traffic Impact Study prepared by a Traffic Engineer where the proposed development will produce more than 250 vehicle trips per day. (4) A Landscape Plan, drawn by a Landscape Architect or other professional approved by the Director, complying with the standards of this Code. (a) (b) (c) Screening in accordance with Section 31.160 of this Article; Use of plantings in erosion control and storm water treatment facilities, if any; Permanent irrigation system, unless specifically exempted in accordance with Section 31.140(4) of this Article; (d) Street trees in accordance with Section 32.050 of this Code; Ordinance 6021 Page 13 . . . (e) A specifications list for all materials to be used shall accompany the Planting Plan. Plant sizes shall be listed at the time of installation, and shown on the Planting Plan at mature size; and (f) Description of planting methods in accordance with Section 31.150 of this Article. (5) An Improvements Plan complying with the standards of Article 32 of this Code. (a) Name and location of all existing and proposed publiC and private streets within or on the boundary of the proposed development site including the right of way and paving dimensions, and the ownership and maintenance status, if applicable; (b) Location of existing and required traffic control devices, fire hydrants, streetlights, power poles, transformers, neighborhood mailbox units and similar public facilities; (c) Location, width and construction material of all existing and proposed sidewalks, sidewalk ramps, pedestrian access ways and trails; and (d) Location and size of existing and proposed utilities and necessary easements and dedications on and adjacent to the site including sanitary sewer mains, stormwater management systems, water mains, power, gas, telephone, and cable TV. Indicate the proposed connection points. (6) A Grading, Paving and Stormwater Management Plan drawn to scale with existing contours at 1- foot intervals and percent of slope that precisely maps and addresses the information described below. In areas where the percent of slope is 10 percent or more, contours may be shown at 5-foot intervals. This plan shall show the stormwater man,agement system for the entire development area. For Site Plans with more than 5,000 square feet of new paving area, an Oregon licensed Civil Engineer shall prepare the plan. Where plants are proposed as part of the stormwater management system, an Oregon licensed Landscape Architect may be required. The plan shall include the following components: (a) Roof drainage patterns and discharge locations; (b) Pervious and impervious area drainage patterns; (c) The size and location of stormwater management systems components, including but not limited to: drain lines, catch basins, dry wells and/or detention ponds; stormwater quality measures; and natural drainageways to be retained; (d) Existing and proposed elevations, site grades and contours; and (e) A stormwater management system plan with supporting calculations and documentation as required in Section 32.110 of this Code shall be su bmitted supporting the proposed system. The plan, calculations and documentation shall be consistent with the Engineering Design Standards and Procedures Manual to allow staff to determine that the proposed stormwater management system will accomplish its purposes. (7) A Phased Development Plan. Where applicable, the Site Plan application shall include a phasing plan that indicates any proposed phases for development, including the boundaries and sequencing of each phase. Phasing shall progress in a sequence that promotes street connectivity between the various phases of the development and accommodates other required public improvements, including but not limited to sanitary sewer stormwater management, water and electricity. Ordinance 6021 Page 14 . . . (8) Additional information and/or applications required at the time of Site Plan Review applications submittal shall include items (a) through (c) and may include, but not be limited to items (d) through 0): (a) . A brief narrative explaining the purpose of the proposed development and the existing use of the property. (b) If the applicant is not the property owner, written permission from the property owner shall be required. (c) A Vicinity Map drawn to scale showing bus stops, streets, curb cuts, pedestrian connections, fire hydrants and other transportation/fire access issues within 200 feet of the proposed development area. (d) How the proposal addresses the standards of the applicable overlay district where the development area is within an overlay district. (e) How the proposal addresses Discretionary Use criteria. (f) A Tree Felling Permit as specified in Article 38 of this Code. (9) An Annexation application as specified in Article 6 of this Code where a development is proposed outside of the city limits but within the City's urban services area and can be serviced by sanitary sewer. (h) A wetland delineation approved by the Division of State Lands shall be submitted concurrently where there is a wetland on the property. (i) Evidence that any required federal or state permit has been applied for or approved shall . be submitted concurrently. (j) A Geotechnical Report prepared by an Engineer shall be submitted concurrently if the required Site Assessment specified in Section 31.050(2)(f) of this Article indicates the proposed development area has unstable soils and/or a high water table as specified in the Soils Survey of Lane County. Section 9: Section 31.060 SITE PLAN REVIEW -CRITERIA is hereby amended as described below: \ The Director shall approve or approve with conditions: a Type II Site Plan Review application upon determining that criteria (1) through (5) of this Section have been satisfied. If conditions cannot be attached to satisfy the criteria, the Director shall deny the application. (1) Compliance with the submittal requirements of Sections 3.050 and 31.050 of this Code. (2) Proposed on-site and off-site public and private improvements are sufficient to accommodate the proposed development as specified in Articles 31, 32, the appropriate zoning and/or zoning overlay district Article and any applicable refinement plan. (3) Parking areas and ingress-egress points have been designed to: facilitate vehicular traffic, bicycle and pedestrian safety to avoid congestion; provide connectivity within the development area and to adjacent residential areas, transit stops, neighborhood activity centers, and commercial, industrial and public areas; minimize curb cuts on arterial and collector streets as specified in Articles 31, 32, the appropriate zoning and/or zoning overlay district Article and any applicable refinement plan; and comply with the ODOT access management standards for state highways. Ordinance 6021 . Page 15 . . . (4) Physical features, including, but not limited to significant clusters of trees and shrubs, watercourses shown on the Water Quality Limited Watercourse Map and their associated riparian areas, wetlands, rock outcroppings and historic features have been evaluated and protected as required by this Code. (5) The proposed development has been designed and located in a manner that demonstrates that state and federally designated beneficial uses of and standards for groundwater and surface water quality will be protected as required by this Code. Section 10: Section 31.070 SITE PLAN REVIEW - CONDITIONS OF APPROVAL is hereby amended as described below: To the extent necessary to satisfy the criteria of Section 31.060 of this Article, comply with all applicable standards of this Code and to mitigate identified negative impacts to surrounding properties, the Director shall impose conditions of approval. Conditions imposed to satisfy the Site Plan application criteria shall not be used to exclude "needed housing" as defined in OAR 660-08-015. All conditions shall be satisfied prior to Final Site Plan approval. Conditions of approval may include, but are not limited to: (1)- Dedication of right of way when shown in TransPlan, transportation elements of refinement plans or on the most recent Conceptual Local Street Plan Map and as specified in Table 32-1 of this Code and/or easements as specified in Section 32.120(5) when necessary to provide services, including but not limited to sanitary sewers, stormwater management, water and electricity, to the site and neighboring properties. The dedication of easements shall also include any easements required to access and maintain watercourses or wetlands that are part of the City's Stormwater Management System. (2) (3) (7) (4) (5) (6) Installation of a sight obscuring fence, and/or vegetative screen whenever a party of record or the Director identifies a land use conflict. Installation of traffic signals and signs; restricting access to and from arterial or collector streets; requiring a frontage road; restricting and strategically locating driveways; and/or requiring the joint use of driveways to serve 2 or more lots through a Joint Use/Access Agreement when transportation safety issues are identified by the Transportation Planning Engineer and/or a Transportation Impact Study. Modification of the layout of structures caused by the location of streets, required stormwater management systems, including but not limited to swales and detention basins or when required by the Geotechnical report specified in Section 31.050(8)(g) of this Article. Installation of a noise attenuating barrier, acoustical building construction and/or site modifications as specified in Section 31.160 of this Article, or similar measures approved by an acoustical engineer registered in the State of Oregon, to minimize negative affects on noise sensitive property from noise found to exceed acceptable noise levels prescribed in the Oregon Administrative Rules or the Federal Highway Administration Noise Abatement Criteria. . Limiting the hours of operation whenever a land use conflict is identified by the Director or a party of record, including but not limited to noise and traffic generation. Phasing of development to match availability of services when public facilities and services, including but not limited to sanitary sewer, stormwater management, water and electric, are not available to property that must be annexed to the City as part of development approval, as determined by the Public Works Director. Ordinance 6021 Page 16 . . . (8) Submittal of a Land and Drainage Alteration Permit. (9) Retention and protection of existing physical features and their functions, including but not limited to: significant clusters of trees and shrubs, watercourses shown on the Water Quality Limited Watercourse Map and their riparian areas and wetlands by: (a) Planting replacement trees where encroachment is allowed into riparian areas shown on the WQL W Map on file in the Development Services Department; (b) Re-vegetation, including but not limited to trees and native plants, of slopes, ridgelines, and stream corridors; (c) Restoration of native vegetation; (d) Removal of invasive plant species, based upon the Invasive Plants List on file in the Development Services Department; (e) Relocating the proposed development on another portion of the site; (f) Reducing the size of the proposed development; and/or (g) Mitigation of the loss of physical features caused by the proposed development with an equivalent replacement either on site or on an approved site elsewhere within the City's jurisdiction, as approved by the Director. (10) Installation of lighting for outdoor circulation, parking and safety, including approval of the type and placement of the outdoor lighting as specified in Section 31.160(3) of this Article. (11) The Director may waive the requirement that buildable City lots have frontage on a public street when all of the following apply: (a) The lot or lots have been approved as part of a Subdivision or Partition application; and (b) Access has been guaranteed via a private street to a public street or driveway by an irrevocable joint use/access agreement. (12) The applicant shall submit copies of required permits to demonstrate compliance with applicable: federal programs, regulations and statutes; state programs, regulations and statutes; and/or local programs, regulations and statutes prior to the approval of the Final Site Plan. When a federal or state agency issues a permit that substantially alters an approved Preliminary Site Plan, the Director shall require the applicant to submit a Site Plan Modification as specified in Section 31.100(2) of this Article. (13) Approval of a Stormwater Management Plan for the development demonstrating compliance with the applicable provisions of Section 32.110 of this Code and the Engineering Design Standards and Procedures Manual. Section 11: Section 31.100 SITE PLAN REVIEW.:.... MODIFICATIONS is hereby amended as described below: (1) Purpose. The Site Plan Modification process establishes procedures to allow certain adjustments to an approved Site Plan, either after Preliminary Approval or after Final Approval, but within the time line of the signed Development Agreement as specified in Section 31.090 of this Article. This process shall assure thatany proposed Site Plan Modification continues to comply with Section 31.060 of this Article. Ordinance 6021 Page 17 . . . (2) Applicability. (a) The Site Plan Modification process shall only apply to Site Plan applications approved after June 5, 1986. (b) The Site Plan Modification process shall not apply to any proposed development that qualifies as an MDS application. (c) .Where there is a change of use on a property that received Site Plan Review approval, the Director may perform a site visit prior to a Site Plan Modification application submittal. If the property is currently in compliance with all criteria of approval specified in Section 31.060 of this Article, no Site Plan Modification application will be required. (3) Site Plan Modification Review Process. The Director shall determine whether the Site Plan Modification will be processed under the Type I or Type II review process as follows: (a) A Minor Site Plan Modification application shall be evaluated under the Type I review process. The application shall be reviewed based upon a particular standard as specified in this Code that does not involve a Type II or Type III Variance, e.g., a modification in the location or type of required landscaping or an insignificant change in the number and/or layout of parking spaces. (b) A Major Site Plan Modification application shall be evaluated under the Type II review process. The application shall be reviewed based upon a particular criterion as specified in Section 31.060 of this Article, e.g., a revision of the stormwater management plan, a substantial increase in the size of the building or when commercial or industrial . . development abuts property zoned residential. The Type II review process shall also be applied when: 1. The modification involves any items listed in Subsection 31.020(2) of this Article; 2. A federal or state agency issues a permit that substantially alters an approved Site Plan; or 3. Pad sites in shopping centers or future phases shown on an approved Final Site Plan have not been constructed within the time line specified in Section 31.080 of this Articl~. (c) A complete application together with all required materials shall be accepted by the Director prior to staff review of the application as specified in Section 3.050, Application Submittal. (4) Criteria of Approval. The criteria of approval for a Site Plan Modification application shall be in compliance with the applicable standard and/or criteria of approval specified in Section 31.060 of this Article. ' (5) Conditions of Approval. The Director may require conditions of approval as specified in Section 31.070 of this Article. (6) Final Site Plan Modification and Development Agreement. A Final Site Plan and Development Agreement shall be required as specified in Sections 31.080 and 31.090 of this Article. Ordinance 6021 Page 18 . . . Section 12: Section 31.240 SITE PLAN REVIEW - WATER QUALITY PROTECTION is hereby added as described below: The intent of this Section is to apply water quality protection to only those sites that require Site Plan Review approval as specified in Section 31.020 of this Article. Thefollowing standards do not apply to single-family homes and duplexes in the Low Density Residential District as of the date of this Ordinance, except as specified in Subsection (1 )(a) of this Section. Existing buildings that are within the riparian areas specified in Subsections (1 )(a) and (b) shall not be considered non-conforming. Subsections (1 )(b)1. and 2. provide additional protection from a non-conforming status. (1) When addressing criteria (4) and (5) as speCified in Section 31.060 of this Article to protect riparian areas along watercourses shown on the Water Quality Limited Watercourses (WQLW) Map on file in the Development Services Department, the following riparian area boundaries shall be utilized: (a) Along all watercourses shown on the WQLW Map with average annual stream flow greater than 1,000 cubic feet per second (CFS) the riparian area boundary shall be a minimum of 75 feet upland from the top of each bank. Exception: Within the Willamette Greenway, any change or intensification of use to a single family home or duplex requires Site Plan Review as specified in Section 25.040(1) of this Code. In this case, the Director may reduce the size of the required riparian area if there is a finding that the proposed development is in compliance with Article 25, Willamette Greenway Overlay District and other applicable provisions of this Code. (b) Along all watercourses shown on the WQLW Map with average annual stream flow less than 1,000 CFS the riparian area boundary shall be a minimum of 50 feet upland from the top of each bank. Exceptions: 1. For all watercourses Subject to Section 31.240(1)(b) of this Section other than the Mill Race or Cedar Creek, the 50 foot riparian area standard may be reduced to 35 feet provided an equivalent amount and function of pervious land is established elsewhere on the property that utilizes water quality measures including, but not limited to: wetlands, bioswales or additional trees, especially in parking areas, and exclusive of otherwise required water quality measures and landscape areas. The burden of proof shall be on the applicant to demonstrate, to the satisfaction of the Public Works Director, equivalency in relation to both the amount of pervious land (as specified above) and riparian area function (as specified in Section 32.110(7) of this Code. 2. An existing building within a riparian area shall not be considered a non- conforming use if destroyed by earthquake, flood or other natural disaster or fire. In this case, the replacement building may be constructed within the same location as the existing building. If the building is within the Willamette Greenway, the standards in Article 25, Willamette Greenway Overlay District shall apply. (c) Where a watercourse divides a lot and the existing riparian area along that watercourse is degraded in riparian function, the applicant may relocate the watercourse to another portion of the property as approved by the Public Works Director and applicable state or federal agency. Ordinance 6021 Page 19 . . . (d) If an expansion of the riparian area described in Subsection (1 )(a) and (b) occurs as a result of a federal or state agency permit process, the applicant shall resubmit the Preliminary Site Plan for additional review in accordance with Section 31.020 of this Article or Submit a Site Plan Modification in accordance with as specified in Section 31 .160 of this Article. (2) Permitted Uses in Riparian Areas. The following uses shall be permitted in riparian areas as long as they do not diminish riparian functions: (a) The planting of trees and native vegetation to promote bank stability, enhance riparian areas, minimize erosion, preserve water quality and protect federally listed species. Trees may be clustered to allow maintenance vehicles approach City maintained stormwater facilities including but not limited to: detention basins, outfalls and culverts. (b) The felling of hazardous trees for safety reasons as specified in Article 38, Tree Felling. (c) Riparian area restoration, enhancement including the removal of invasive plant species, where necessary. (d) Flood control structures, where necessary. (e) Stormwater management systems and outfalls, as allowed by the Public Works Director or other regulating authority. (f) Pedestrian paths as specified in Section 32.090(2)-(4) of this Code. Pedestrian paths shall be located along the outer edge of the required riparian area away from the watercourse. Utilities may be extended in the pedestrian path. (g) Bikeways shown on the TransPlan Priority Bikeway System Projects Map or the Future Bikeway Projects Map and as specified in Section 32.090(1) of this Code, provided that the drainage falls away from the watercourse. Bikeways shall be located along the outer edge of the required riparian area away from the watercourse. Utilities may be extended in the bikeway. (h) Water dependent or water related uses>between the Willamette River and the Greenway Setback Line as may be permitted in Article 25 Willamette Greenway Overlay District. (i) Private driveways, public street crossings, bridges and necessary culverts when there is no other vehicle access to the property. Crossings should be preferably at right angles to the watercourse. Public and private utilities shall be permitted within the driveway, public street or bridge right-of-way. (j) Repair, replacement or improvement of utility facilities as long as the riparian area is restored to it~ original condition. (k) Routine repair and maintenance of existing structures, streets, driveways; utilities, accessory uses and other similar facilities. (I) Other activities similar to those listed above that do not diminish riparian function. The Director shall make such determinations in accordance with Article 3, Interpretation. Ordinance 6021 Page 20 . . . (3) For protection of water quality and protection of riparian area functions as specified in Section 32.110(7) of th is Code, the following standards shall apply: (a) Avoid development or redevelopment in the following circumstances: 1. Unsuitable areas, including, but not limited to unstable slopes, wetlands and riparian areas; 2. Stream crossings - where crossings must be provided, the impacts on water quality shall be minimized; and 3. Hardening of stream banks and shorelines. (b) Prevent: 1. Stormwater discharge impacts to water quality and quantity; and 2. Erosion and seqiment run-off during and after construction. (c) Protect: 1. Riparian areas, buffers and functions around all watercourses; and 2. Wetlands, wetland buffers and wetland functions. (d) Preserve the hydrologic capacity of any watercourses. (e) Utilize native vegetation in riparian areas to reduce the need to apply water, herbicides, pesticides and fertilizer. The required riparian area landscaping shall be installed as part of the building permit process. The required riparian area landscaping may be bonded as specified in Section 31.110 of this Article. (f) Restoration and enhancement of riparian areas that are degraded in riparian function. (g) In applying Subsections (3)(a) through (3)(f) of this Section for riparian areas, protection, preservation, restoration and enhancement measures shall be applied as follows: 1. For new development and redevelopment, existing riparian area functions shall be protected and preserved and degraded functions shall be restored or enhanced through thefull riparian area width, specified in Subsection (1 )(a) and (1 )(b) of this Section, and extending through the full frontage of the lot along the watercourse on the Water Quality Limited Watercourse (WQLW) Map. 2. For additions and expansions on any portion of a lot, existing riparian area functions shall be protected and preserved through the full riparian area width specified in Subsection (1 )(a) and (1 )(b) of this Section and extending through the full frontage of the lot along the watercourse on the WQL W Map. 3. For additions and expansions within 100 feet of a watercourse on the WQLW Map on a lot that has degraded riparian functions, the area for restoration or enhancement shall be based upon the ratio of the impervious area of the addition or expansion to the existing building or impervious area on the lot. The restoration or enhancement shall start at the top of bank of the watercourse and work landward. Ordinance 6021 Page 21 . . . Section 13: The Article 32 Title Page is hereby amended as described below: ARTICLE 32 PUBLIC AND PRIVATE IMPROVEMENTS 32.010 32.020 32.030 32.040 32.050 32.060 32.070 32.080 32.090 32.100 32.110 32.120 GENERAL STREETS - PUBLIC STREETS - PRIVATE SIDEWALKS, ACCESSWAYS AND PLANTER STRIPS STREET TREES. STREET LIGHTS VISION CLEARANCE AREAS ACCESS AND CURB CUTS BIKEWAYS AND PEDESTRIAN TRAILS SANITARY SEWERS STORMWATER MANAGEMENT UTILITIES Section 14: Section 32.110 STORMWATER MANAGEMENT is hereby amended as described below: (1) (2) Purpose and Applicability. The purpose of this Section is to: Provide for the effective management of stormwater and drainage from the City into the groundwater and watercourses within the City and its urbanizing area; Minimize demand on the City's stormwater management system and alleviate future costs of treating the discharge; Promote water quality; Preserve groundwater and the vegetation and rivers it supports; Reduce peak storm flows; Minimize public and private losses due to flood conditions; and Minimize storm water discharge impacts on water quality and quantity and stream flow patterns, including peak and base flows in intermittent and perennial streams, within the McKenzie River and Willamette River watersheds. The Approval Authority shall grant development approval only where adequate public andlor private stormwater management systems provisions have been made as determined by the Public Works Director, consistent with the Engineering Design Standards and Procedures Manual. The stormwater management system shall be separated from any sanitary sewer system. Surface water drainage patterns shall be shown on every Preliminary Site Plan, or Tentative Partition or Subdivision Plan. Ordinance 6021 Page 22 (3) A stormwater management system shall acdbh1modate potential run-off from its entire upstream drainage area, whether inside or outside of the development. The Public Works Director shall determine the necessary size of the facility, based on Public Facility Plans and adopted Master Plans, assuming the maximum potential watershed deveiopment permitted by the Metro Plan. The developer shall pay a proportional share of the cost according to adopted City Council policy. (4) Run-off from a development shall be directed to an approved stormwater management system with sufficient capacity to accept the discharge. Where the Public Works Director determines that the additional run-off resulting from the development will overload an existing stormwater management system, the Approval Authority shall withhold Development Approval until provisions, consistent with the Engineering Design Standards and Procedures Manual, have been made to correct or mitigate this condition. (5) A development shall be required to employ drainage management practices approved by the Public Works Director and consistent with Metro Plan policies and the Engineering Design Standards and Procedures Manual, which minimize the amount and rate of surface water run-off into receiving streams. The following drainage management practices may be required in order to relieve demand on the City's piped drainage system and to alleviate future costs of treating the piped discharge; to promote water quality, to preserve groundwater and the vegetation and rivers it supports, and to reduce peak storm flows: (a) Temporary ponding of water; (b) Permanent storage basins; (c) Minimizing impervious surfaces; (d) Emphasizing natural water percolation and natural drainageways: (e) Preventing water flowing from the roadway in an uncontrolled fashion; (f) Stabilizing natural drainageways as necessary below drainage and culvert discharge points for a distance sufficient to convey the discharge without channel erosion; (g) On-site filtration or skimming of run-off, which will enter natural drainageways to maintain water quality; and (h) On-site constructed wetlands. (6) Identification of Water Quality Limited Watercourses. The Director shall maintain a Water Quality Limited Watercourses (WQLW) Map on file in the Development Services Department, which designates certain watercourses and their direct tributaries within the City and its urbanizing area. The WQLW Map shall contain watercourses recommended by the Public Works Director. Any revision to the WQLW Map shall be approved by the City Council as an amendment to this Code. Those watercourses and their direct tributaries included on the WQLW Map have been found to warrant protective measures in support of the City's response to state and federal regulations regarding surface and subsurface discharging stormwater management systems by satisfying the following criteria: (a) Water Quality Limited Watercourses (WQLW): Waters of the State that meet one or more of the following criteria: Ordinance 6021 Page 23 ----~-~- -~----_. -~----- - . \-/ ,--,,,,..~,.,,,v,; O-'.'UiJ'V'V,",';UII VI ':;11.''''.'11'9 j:i'ly6'l;a, '~aCu, t::6 tJlIU lI,t:;;1I ,-um;lIun::>, 1I,I:;iuUIlIY UUl flUi illTmea to: significant clusters of trees and shrubs, watercourses shown on the WQLW Map and their riparian areas and wetlands, by: (a) ;. :- , . \.. _/ (b) (c) (d) (e) (f) (g) Planting replacement trees where encroachment is allowed into riparian areas shown on the WQL W Map on file in the Development Services Department; Re-vegetation, including but not limited to trees and native plants, of slopes, ridgelines, and stream corridors; Restoration of native vegetation; Removal of invasive plant species, based upon the Invasive Plants List on file in the Development Services Department; Relocating the proposed development on another portion of the site; Reducing the size of the proposed development; and/or Mitigation of the loss of physical features caused by the proposed development with an equivalent replacement either on site or on an approved site elsewhere within the City's jurisdiction, as approved by the Director. (10) The applicant shall submit copies of required permits to demonstrate compliance with applicable: federal programs, regulations and statutes; state programs, regulations and statutes; and/or local programs, regulations and statutes prior to the approval of the Partition Plat. When a federal or state agency issues a permit that substantially alters an approved Tentative. Plan, the Director shall require the applicant to resubmit the Tentative Plan for additional review. c Ordinance 6021 Page 34 (m) U A wetland delineation approved by the Division of State Lanaswtlere thereis-awetland-c- .. on the property, shall be submitted concurrently. '-, ( , "--. Ordinance 6021 Page 39 -~---nereDy-aaaea-as-aescnDeaDelow:------ - -- - - . . --------- _d_ -- -- ------ --- e Ordinance 6021 Page 40 - -=-"'- --<-=--=~-"-*"""'"'='---"'----'=-- -'= --- . . . 1. Watercourse reaches, lying within the City and its urbanizing area, that are included by the State of Oregon Department of Environmental Quality (ODEQ) on its most recently adopted "303( d)" List of Impaired and Threatened Waterbodies. 2. Watercourse reaches, lying within the City and its urbanizing area, with significant water quality impairment identified by water quality monitoring and sampling done in accordance with approved quality assurance/quality control (QAlQC) protocols. (b) A direct tributary to a WQLW that satisfies the following criteria: 1. Any watercourse that flows directly into a WQLW, except for those watercourses that flow into the WQLW as a piped connection, where the pipe system extends more than 200 feet upstream of the connection point. 2. Any watercourse that is a diversion from a WQLW and that discharges into either a WQLW or other direct tributary to a WQLW and where the water quality of the diverted flow at the discharge point has been degraded when compared with the water quality at the diversion point. (7) Protection of Riparian Area Functions. A development shall be required to employ site design, landscaping, and drainage management practices to protect, preserve, and restore the riparian area functions of the reaches of those watercourses shown on the WQLW Map that are contained within or abut the lot upon which the proposed development is located. For the purposes of this Code, riparian area functions shall include, but not be limited to: (a) (b) Maintaining temperature; Maintaining channel stability; (c) Providing flood storage; (d) Providing groundwater recharge; (e) Removing sediments; (f) Reducing contaminants such as: excess nutrients; oils and grease; metals; and fecal coliform; (9) Moderating stormwater flows; and (h) Providing fish and wildlife habitat. Section 15: Subsection 32.120(5) PU,blic Easements is hereby amended as described below: (5) Public Easements. Ordinance 6021 Page 24 . . . (a) Utility Easements. An applicant proposing a development shall make arrangements with the City and each utility provider for fhe dedication of utility easements necessary to fully service the development or land beyond the development area. The minimum width for public utility easements adjacent to street rights of way shall be 7 feet. The minimum width for all other public utility easements shall be 14 feet. However, the utility provider or the Public Works Director may require a larger easement for major water mains, major electrical power transmission lines, sanitary sewer lines, stormwater management systems or in any other situation to allow maintenance vehicles to set up and perform the required maintenance or to accommodate multiple utility lines. Where feasible, utility easements shall be centered on a lot line. (b) Watercourse or Riparian Area Maintenance Easements. Where the Public Works Director has determined that a watercourse or riparian area will.be part of the City Stormwater Management System, a maintenance easement shall be required in order to maintain the functionality of such areas. For watercourses, the easement shall be measured from either the top of bank, ordinary high water mark or the delineated boundary of a wetland. For riparian areas, the easement shall be measured from the delineated setback line. The easement shall be a minimum of 10 feet in width where no equipment is required for access . or maintenance. The easement shall be extended to a maximum of 25 feet in width to allow City maintenance vehicles to set up and perform the required maintenance. Section 16: The Article 34 Title Page is hereby amended as described below: ARTICLE 34 PARTITION STANDARDS 34.010 PURPOSE AND APPLICABILITY 34.020 TENTATIVE PLAN REVIEW 34.030 TENTATIVE PLAN DRAFTING REQUIREMENTS 34.040 SUBDIVISION DETERMINATION 34.050 TENTATIVE PLAN CRITERIA OF APPROVAL 34.060 TENTATIVE PLAN WATER QUALITY PROTECTION 34.070 TENTATIVE PLAN CONDITIONS OF APPROVAL. 34.080 PARTITION PLAT REVIEW 34.090 PARTITION PLAT REQUIREMENTS 34.100 PARTITION PLAT CRITERIA FOR CITY APPROVAL 34.110 PARTITION PLAT LANE COUNTY RECORDATION 34.120 PARTITION PLAT CITY APPROVAL AND DEVELOPMENT APPROVAL Ordinance 6021 Page 25 . below: Section 17: Section 34.010 PURPOSE AND APPLICABILITY is hereby amended as described (1) Purpose. The purpose of the Partition process is to: Facilitate and enhance the value of development; Regulate land divisions that create 2 or 3 parcels within a calendar year; Maintain the integrity of the City's watercourses by promoting bank stability, assisting in flood protection and flow control, protecting riparian functions, minimizing erosion, and preserving water quality and significant fish and wildlife areas; Minimize adverse effects on surrounding property owners and the general public through specific conditions of approval; Ensure the provision of public facilities and services; Provide for connectivity between different uses; Utilize alternative transportation modes including and walking, bicycling and mass transit facilities; Implement the Metro Plan, applicable refinement plans, specific area plans and specific development plans; Minimize adverse effects on surrounding property owners and the general public through specific conditions of approval; and Otherwise protect the public health and safety. (2) Applicability. The Partition process shall apply within the City and its urbanizable area. No parcel may be created without being partitioned in accordance with the standards of this Code. No development permit will be issued by the City prior to approval of the Partition Tentative Plan application. Exception: In certain cases, the Director may issue a Land and Drainage Alteration Permit prior to approval of the Partition Tentative Plan. Section 18: Section 34.030 TENTATIVE PLAN DRAFTING REQUIREMENTS is hereby amended as described below: A Partition Tentative Plan shall contain the elements necessary to demonstrate that requirements of this . Code are being fulfilled: (1) General Requirements. . (a) The Partition Tentative Plan, including any required Future Development Plan, shall be prepared by an Oregon licensed Land Surveyor on standard sheets of 18" x 24". The services of an Oregon registered Engineer may also be required by the City in order to resolve utility issues, especially stormwater management, street design and transportation issues, and site constraint and/or water quality issues. (b) The scale of the Partition Tentative Plan shall be appropriate to the area involved and the amount of detail and data, normally 1" = 50',1" = 100' or 1" = 200'. (c) (d) A north arrow and the date the Partition Tentative Plan was prepared. The name and address of the owner, applicant, if different, and the Land Surveyor and/or Engineer who prepared the Partition Tentative Plan. (e) A drawing of the boundaries of the entire area owned by the partitioner of which the proposed partition is a part. (f) The classification of each parcel or building as complying (solar lot) or not complying (non-solar lot) with Section 34.010 (3) of this Article. Ordinance 6021 Page 26 . . . (g) City boundaries, the Urban Growth Boundary and any special service district boundaries or railroad rights-of-way, which cross or abut the proposed partition. (h) Applicable zoning districts and the Metro Plan designation of the proposed partition and of properties within 100 feet of the boundary of the subject property. (i) The dimensions (in feet) and size (either in square feet or acres) of each parcel and the approximate dimensions of each building site, where applicable, and the top and toe of cut and fill slopes to scale. m The location, outline to scale and present use of all existing structures to remain on the. property after platting and their required setbacks from the proposed new property lines. (k) The location and size of existing and proposed utilities and necessary easements and dedications on and adjacent to the site including sanitary sewer mains, stormwater management systems, water mains, power, gas, telephone, and cable TV. Indicate the proposed connection points. (I) . The locations widths and purpose of all existing or proposed easements on and abutting the proposed partition; the location of any existing or proposed reserve strips. (m) The locations of all areas to be dedicated or reserved for public use, with the purpose, condition or limitations of the reservations clearly indicated. (2) A Site Assessment of the entire development area. The Site Assessment shall be prepared by an Oregon licensed Landscape Architect or Engineer and drawn to scale with existing contours at 1- foot intervals and percent of slope that precisely maps and delineates the areas described below. Proposed modifications to physical features shall be clearly indicated. The Director may waive portions of this requirement if there is a finding that the proposed development will not have an adverse impact on physical features or water quality, either on the site or adjacent to the site. Adjacent properties include those within the distances speCified in Section 31.020(2)(c) of this Article. Information required for adjacent properties may be generalized to show the connections to physical features. A Site Assessment shall contain the following information: (a) The name, location, dimensions, direction of flow and top of bank of all watercourses that are shown on the Water Quality Limited Watercourse (WLQW) Map on file in the Development Services Department; (b) The 100-year floodplain and floodway boundaries on the site, as specified in the latest adopted FEMA Flood Insurance Rate Maps or FEMA approved Letter of Map Amencjment or Letter of Map Revision; (c) The Time of Travel Zones, as specified in Article 17 of this Code and delineated on the Wellhead Protection Areas Map on file in the Development Services Department; (d) Physical features including, but not limited to significant clusters of trees and shrubs, watercourses shown on the (WLQW) Map and their riparian areas, wetlands and rock outcroppings; and (e) Soil types and water table information as mapped and specified in the Soils Survey of Lane County. Ordinance 6021 Page 27 . . . (3) A Stormwater Management Plan drawn to scale with existing contours at 1-foot intervals and percent of slope that precisely maps and addresses the information described below. In areas where the percent of slope is 10 percent or more, contours may be shown at 5-foot intervals. This plan shall show the stormwater management system for the entire development area. Unless exempted by the Public Works Director, the City shall require that an Oregon licensed Civil Engineer prepare the plan. Where plants are proposed as part of the stormwater management system, an Oregon licensed Landscape Architect may also be required. The plan shall include the following components: (a) Roof drainage patterns and discharge locations; (b) Pervious and impervious area drainage patterns; (c) The size and location of stormwater management systems components, including but not limited to: drain lines, catch basins, dry wells and/or detention ponds; stormwater quality measures; and natural drainageways to be retained; (d) Existing and proposed site elevations, grades and contours; and (e) A stormwater management system plan with supporting calculations and documentation as required in Section 32.110 of this Code shall be submitted supporting the proposed system. The plan, calculations and documentation shall be consistent with the Engineering Design Standards and Procedures Manual to allow staff to determine that the proposed storm water management system will accomplish its purposes. (4) A Response to Transportation Issues complying with the standards of this Code. (a) The locations, condition, e.g., fully improved with curb, gutter and sidewalk, AC mat, or gravel, widths and names of all existing streets, alleys, or other rights of way within or adjacent to the proposed partition; (b) . The locations, widths and names of all proposed streets and other rights of way to include the approximate radius of curves and grades. The relationship of all proposed streets to any projected streets as shown on the Metro Plan, including the TransPlan, any approved Conceptual Development Plan and the latest version of the Conceptual Local Street Map; (c) The locations and widths of all existing and proposed sidewalks and accessways, including the location, size and type of plantings and street trees in any required planter strip; pedestrian trails; and shared-use paths; (d) The location of existing and proposed traffic control devices, fire hydrants, streetlights, power poles, transformers, neighborhood mailbox units and similar public tacilities, where applicable; I (e) The location and dimensions of existing and proposed curb cuts, where applicable; (f) The location of existing and proposed street lighting: including the type, height and area of illumination; (g) The location of existing and proposed transit facilities; (h) A copy of a Right-of-Way Approach Permit application where the property has frontage on an Oregon Department of Transportation (ODOT) facility; and Ordinance 6021 Page 28 . . . (i) A Traffic Impact Study prepared by a Traffic Engineer where the existing and/or proposed development will produce more than 250 vehicle trips per day. (5) A Future Development Plan. Where redivision is allowed by this Code, the Partition Tentative Plan shall include a Future Development Plan that indicates any proposed redivision, including the boundaries and sequencing of each proposed redivision. Any redivis,ion shall progress in a sequence that promotes street connectivity between the various phases of the development and accommodates other required publiC improvements, including but not limited to sanitary sewer stormwater management, water and electricity. (6) Additional information and/or applications required at the time of Partition Tentative Plan application submittal shall include items (a) through (d) and may include, but not be limited to items (e) through (m): (a) A brief narrative explaining the purpose of the proposed partition and the existing use of the property . (b) For common wall partitions with an existing structure, a copy of a housing inspection obtained through the Community Services Division. (c) If the applicant is not the property owner, written permission from the property owner shall be required. (d) A Vicinity Map drawn to scale showing bus stops, streets, curb cuts, pedestrian connections, fire hydrants and other transportation/fire access issues within 200 feet of the proposed partition and all existing subdivisions, partitions and tracts of land immediately adjacent to the proposed partition. (e) A draft of proposed restrictions and covenants affecting the partition, where applicable. (f) , How the proposal addresses the standards of the applicable overlay district where the development area is within an overlay district. (9) How the proposal addresses Discretionary Use criteria. (h) A Tree Felling Permit as specified in Article 38 of this Code. (i) A Soils and Geology Report for slopes 15 percent or greater and in accordance with Article 26 of this Code. (j) An Annexation application as specified in Article 6 of this Code where a development is proposed outside of the city limits but within the City's urban services area and can be serviced by sanitary sewer. (k) A wetland delineation approved by the Division of State Lands shall be submitted concurrently where there is a wetland on the property. (I) Evidence that any required federal or state permit has been applied for or approved shall be submitted concurrently. (m) A Geotechnical Report prepared by an Engineer shall be submitted concurrently if the required Site Assessment Section 34.030(2)(f) of this Article indicates the proposed development area has unstable soils and/or a high water table as specified in the Soils Survey of Lane County. Ordinance 6021 Page 29 . . . Section 19: Section 34.050 TENTATIVE PLAN CRITERIA OF APPROVAL is hereby amended as described below: The Director shall approve or approve with conditions a Tentative Plan application upon determining that criteria (1) through (9) of this Section have been satisfied. If conditions cannot be attached to satisfy the criteria, the Director shall deny the application. (1) The request as conditioned fully conforms to the requirements of this Code pertaining to parcel size and dimensions. (2) The zoning is consistent with the Metro Plan diagram and/or applicable refinement plan diagrams. (3) Proposed on-site and off-site public and private improvements are sufficient to accommodate the proposed development as specified in Articles 31, 32, the appropriate zoning and/or zoning overlay district Article and any applicable refinement plan. (4) Parking areas and ingress-egress points have been designed to: facilitate vehicular traffic, bicycle and pedestrian safety to avoid congestion; provide connectivity within the development area and to adjacent residential areas, transit stops, neighborhood activity centers, and commercial, industrial and public areas; minimize curb cuts on arterial and collector streets as specified in Articles 31, 32, the appropriate zoning and/or zoning overlay district Article and any applicable refinement plan; and comply with the ODOT access management standards for state highways. (5) Physical features, including, but not limited to significant clusters of trees and shrubs, watercourses shown on the (WLQW) Map and their associated riparian areas, wetlands, rock outcroppings and historic features have been evaluated and protected as required by this Code. (6) The proposed development and associated site alterations have been designed and located in a manner that demonstrates that they will protect the state and federally designated beneficial uses of and standards for groundwater and surface water quality on and/or adjacent to the site and will ensure that state antidegragation requirements are met. (7) Development of any remainder of the property under the same ownership can be accomplished in accordance with the provisions of this Code. (8) Adjacent land can be developed or is provided access that will allow its development in accordance with the provisions of this Code. (9) Where there is no concurrent annexation application submitted with a Partition Tentative Plan on property that is outside of the city limits but within the City's urban services area, the standards specified in Section 29.070(5) of this Code shall also apply. Section 20: Section 34.060 TENTATIVE PLAN WATER QUALITY PROTECTION is hereby added as described below: The intent of this Section is to apply water quality protection to only those sites that require Partition Tentative Plan Review approval as specified in Section 34.010 of this Article. The following standards do not apply to single-family homes and duplexes in the Low Density Residential District existing as of the date of this Ordinance, except as specified in Subsection (1 )(a) of this Section. Existing buildings that are within the riparian areas specified in Subsections (1)(a) and (b) shall not be considered non-conforming. Subsections (1 )(b)1.and 2. provide additional protection from a non-conforming status. Ordinance 6021 Page 30 . . . (1) When addressing criteria (5) and (6) as specified in Section 34.050 of this Article to protect riparian areas along watercourses shown on the Water Quality Limited Watercourses (WQLW) Map on file in the Development Services Department, the following riparian area boundaries shall be utilized: (a) Along all watercourses shown on the WQLW Map with average annual stream flow greater than 1,000 cubic feet per second (CFS) the riparian area boundary shall be a minimum of 75 feet upland from the top of each bank. (b) Along all watercourses shown on the WQLW Map with average annual stream flow less than 1,000 CFS the riparian area boundary shall be a minimum of 50 feet upland from the top of each bank. Exceptions: 1. For all watercourses Subject to Section 31.240( 1 )(b) of this Section other than the Mill Race or Cedar Creek,the 50 foot riparian area standard may be reduced to 35 feet provided an equivalent amount and function of pervious land is established elsewhere on the property that utilizes water quality measures including, but not limited to: wetlands, bioswales or additional trees, especially in parking areas, and exclusive of otherwise required water quality measures and landscape areas. The burden of proof shall be on the applicant to demonstrate, to the satisfaction of the Public Works Director, equivalency in relation to both the amount of pervious land (as specified above) and riparian area function (as specified in Section 32.110(7) of this Code. 2. An existing building within a riparian area shall not be considered a non- conforming use if destroyed by earthquake, flood or other natural disaster or fire. In this case, the replacement building may be constructed within the same location as the existing building. If the building is within the Willamette Greenway, the standards in Article 25, Willamette Greenway Overlay District shall apply. (c) Where a watercourse divides a lot and the existing riparian area along that watercourse is degraded in riparian function, the applicant may relocate the watercourse to another portion of the property as approved by the Public Works Director and applicable state or federal agency. (d) If an expansion of the riparian area described in Subsection (1 )(a) and (b) occurs as a result of a federal or state agency permit process, the applicant shall resubmit the . Tentative Plan for additional review in accordance with Section 35.010 of this Article. (2) Permitted Uses in Riparian Areas. The following uses shall be permitted in riparian areas as long as they do not diminish riparian functions: (a) The planting of trees and native vegetation to promote bank stability, enhance riparian areas, minimize erosion, preserve water quality and protect federally listed species. Trees may be clustered to allow maintenance vehicles approach City maintained stormwater facilities including but not limited to: detention basins, outfalls and culverts. (b) The felling of hazardous trees for safety reasons as specified inArticle 38, Tree Felling. (c) Riparian area restoration, enhancement including the removal of invasive plant species, where necessary. (d) Flood control structures, where necessary. Ordinance 6021 Page 31 . . . " (e) Stormwater management systems and outfalls, as allowed by the Public Works Director or other regulating authority. (f) Pedestrian paths as specified in Section 32.090(2)-(4) of this Code. Pedestrian paths shall be located along the outer edge of the required riparian area away from the watercourse. Utilities may be extended in the pedestrian path. (9) Bikeways shown on the TransPlan Priority Bikeway System Projects Map or the Future Bikeway Projects Map and as specified in Section 32.090(1) of this Code, provided that the drainage falls away from the watercourse. Bikeways shall be located along the outer edge of the required riparian area away from the watercourse. Utilities may be extended in the bikeway. (h) Water dependent or water related uses between the Willamette River and the Greenway Setback Line as may be permitted in Article 25 Willamette Greenway Overlay District. (i) Private driveways, public street crossings, bridges and necessary culverts when there is no other vehicle access to the property. Crossings should be preferably at right angles to the watercourse. Public and private utilities shall be permitted within the driveway, publiC street or bridge right-of-way. (j) Repair, replacement or improvement of utility facilities as long as the riparian area is restored to its original condition. (k) Routine repair and maintenance of existing structures, streets, driveways, utilities, accessory uses and other similar facilities. (I) Other activities similar to those listed above that do not diminish riparian function. The Director shall make such determinations in accordance with Article 3, Interpretation. (3) For protection of water quality and protection of riparian area functions as specified in Section 32.110(7) of th is Code, the following standards shall apply: (a) Avoid development or redevelopment in the following circumstances: 1. Unsuitable areas, including, but not limited to unstable slopes, wetlands and riparian areas; 2. Stream crossings - where crossings must be provided, the impacts on water quality shall be minimized; and 3. Hardening of stream banks and shorelines; (b) Prevent: 1. Stormwater discharge impacts to water quality and quantity; and 2. Erosion and sediment run-off during and after construction. Ordinance 6021 Page 32 . . . (c) Protect: 1. Riparian areas, buffers and functions around all watercourses; and 2. Wetlands, wetland buffers and wetland functions. (d) Preserve the hydrologic capacity of any watercourses. (e) Utilize native vegetation in riparian areas to reduce the need to apply water, herbicides, pesticides and fertilizer. The required riparian area landscaping shall be installed prior to recording the Partition Plat. A performance agreement (bond), or a suitable substitute, approved by the City has been filed with the Finance Department in sufficient amount to . ensure the installation of the required riparian area landscaping. (f), Restoration and enhancement of riparian areas that are degraded in riparian function. (g) In applying Subsections (3)(a) through (3)(f) of this Section for riparian areas, protection, preservation, restoration and enhancement measures shall be applied as follows: Existing riparian area functions shali be protected and preserved and degraded functions shall be restored or enhanced through the full riparian area width, specified in Subsection (1 )(a) and (1 )(b) of this Section, and exteriding through the full frontage of the partition boundary along the watercourse on the WQL W Map. Section 21: Section 34.070 TENTATIVE PLAN CONDITIONS OF APPROVAL is hereby amended as described below: To the extent necessary to satisfy the criteria of Section 34.050 of this Article, comply with all applicable standards of this Code and to mitigate identified negative impacts to surrounding properties, the Director shall impose conditions of approval. All conditions shall be satisfied prior to Partition Plat approval. Conditions of approval may include, but are not limited to: (1) Dedication of right of way when shown in TransPlan, transportation elements of refinement plans or on the most recent Conceptual Local Street Plan Map and as speCified in Table 32-1 of this Code and/or easements as speCified in Section 32.120(5) when necessary to provide services, including but not limited to sanitary sewers, stormwater management, water and electricity, to the site and neighboring properties. The dedication of easements shall also include any easements required to access and maintain watercourses or wetlands that are part of the City's Stormwater Management System. (2) . Installation of a sight obscuring fence, and/or vegetative screen whenever a party of record or the Director identifies a land use conflict. (3) Installation of traffic signals and signs; restricting access to and from arterial or collector streets; requiring a frontage road; restricting and strategically locating driveways; and/or requiring the joint use of driveways to serve 2 or more lots through a Joint Use/Access Agreement when transportation safety issues are identified by the Transportation Planning Engineer and/or a Transportation Impact Study. (4) Modification of the layout of parcel lines caused by the location of streets, required stormwater management systems, including but not limited to swales and detention basins or when required by the Geotechnical report specified in Section 34.030(6)(m) of this Article. Ordinance 6021 Page 33 . . . Installation of a noise attenuating barrier, acoustical building construction and/or site modifications as specified in Section 31.160 of this Article, or similar measures approved by an acoustical engineer registered in the State of Oregon, tOIl1.inimize negative affects on noise sensitive property from noise found to exceed acceptable n61~e leV~I~ prescribed in the Oregon Administrative Rules or the Federal Highway Administration NOise ABatement Criteria. (6) Phasing of development to match availability bf services when public facilities and services, including but not limited to sanitary sewer, stoi'mVvater management, water and electric, are not available to property that must be annexed to the City as part of development approval, as determined by the Public Works Director. (5) (7) Submittal of a Land and Drainage Alteration Permit (8) The Director may waive the requirement that buildable City lots have frontage on a public street when all of the following apply: (a) The parcel or parcels have been approved as part of a Partition application; and (b) Access has been guaranteed via a private street to a public street or driveway by an irrevocable joint use/access agreement. (9) Retention and protection of existing physical features and their functions, including but not limited to: significant clusters of trees and shrubs, watercourses shown on the WQLW Map and their riparian areas and wetlands, by: (a) Planting replacement trees where encroachment is allowed into riparian areas shown on the WQL W Map on file in the Development Services Department; (b) Re-vegetation, including but not limited to trees and native plants, of slopes, ridgelines, and stream corridors; (c) Restoration of native vegetation; (d) Removal of invasive plant species, based upon the Invasive Plants List on file in the Development Services Department; (e) Relocating the proposed development on another portion of the site; (f) Reducing the size of the proposed development; and/or (9) Mitigation of the loss of physical features caused by the proposed development with an equivalent replacement either on site or on an approved site elsewhere within the City's jurisdiction, as approved by the Director. (10) The applicant shall submit copies of required permits to demonstrate compliance with applicable: federal programs, regulations and statutes; state programs, regulations and statutes; and/or local programs, regulations and statutes prior to the approval of the Partition Plat. When a federal or state agency issues a permit that substantially alters an approved Tentative. Plan, the Director shall require the applicant to resubmit the Tentative Plan for additional review. Ordinance 6021 Page 34 . . . (11) Approval of a Stormwater Management Plan for the development demonstrating compliance with the applicable provisions of Section 32.110 of this Code and the Engineering Design Standards and Procedures Manual. Section 22: The Article 35 Title Page is hereby amended as described below: ARTICLE 35 SUBDIVISION STANDARDS 35.010 PURPOSE AND APPLICABILITY 35.020 TENTATIVE PLAN REVIEW 35.030 TENTATIVE PLAN GENERAL 35.040 TENTATIVE PLAN DRAFTING REQUIREMENTS 35.050 TENTATIVE PLAN CRITERIA OF APPROVAL 35.055 TENTATIVE PLAN WATER QUALITY PROTECTION 35.060 TENTATIVE PLAN CONDITIONS OF APPROVAL 35.070 TENTATIVE PLAN EXPIRATION DATE 35.080 SUBDIVISION PLAT REVIEW 35.090 SUBDIVISION PLAT DRAFTING REQUIREMENTS 35.100 SUBDIVISION PLAT CRITERIA FOR CITY APPROVAL 35.110 SUBDIVISION PLAT LANE COUNTY APPROVAL 35.120 SUBDIVISION PLAT CITY APPROVAL AND DEVELOPMENT APPROVAL 35.130 SUBDIVISION PLAT EXPIRATION OF CITY APPROVAL Section 23: Section 35,010 PURPOSE AND APPLICABILITY is hereby amended as described below: (1) Purpose. The purpose of the Subdivision process is to: Facilitate and enhance the value of development; Regulate land divisions that create 4 or more lots within a calendar year; Maintain the integrity of the City's watercourses by promoting bank stability, assisting in flood protection and flow control, protecting riparian functions, minimizing erosion, and preserving water quality and significant fish and wildlife areas; Ensure the provision of public facilities and services; Provide for connectivity between different uses; Utilize alternative transportation modes including and walking, bicycling and mass transit facilities; Implement the Metro Plan, applicable refinement plans, specific area plans and specific development plans; Minimize adverse effects on surrounding property owners and the general public through specific conditions of approval; and Otherwise protect the public health and safety. Ordinance 6021 Page 35 . . . (2) Applicability. The Subdivision process shall apply within the City and its urbanizable area. No lots may be created without being subdivided in accordance with the standards of this Code. No development permit will be issued by the City prior to approval of the Subdivision Tentative Plan application. Exception: In certain cases, the Director may issue a Land and Drainage Alteration Permit prior to approval of the Subdivision Tentative Plan. Section 24: Section 35.040 TENTATIVE PLAN - DRAFTING REQUIREMENTS is hereby amended as described below: A Subdivision Tentative Plan shall contain the elements necessary to demonstrate that requirements of this Code are being fulfilled: (1) General Requirements. (a) The Subdivision Tentative Plan, including any required Future Development Plan, shall be prepared by an Oregon licensed Land Surveyor on standard sheets of 18" x 24". The services of an Oregon registered Engineer may also be required by the City in order to resolve utility issues, especially stormwater management, street design and transportation issues, and site constraint and/or water quality issues. (b) The scale of the Subdivision Tentative Plan shall be appropriate to the area involved and the amount of detail and data, normally 1" = 50',1" = 100' or 1" = 200'. (c) A north arrow and the date the Subdivision Tentative Plan was prepared. (d) The proposed name of the subdivision with appropriate identification of the drawing as a Tentative Plan; the name cannot duplicate the name of any other subdivision in Lane County unless the proposed subdivision is adjacent to that subdivision and is platted by the same person who platted that subdivision bearing the same name. (e) The name and address of the owner, applicant, if different, and the Land Surveyor or Engineer who prepared the Subdivision Tentative Plan. (f) The dimensions (in feet) and size (either in square feet or acres) of the entire property and - each lot. (9) The classification of each lot or building as complying (solar lot) or not complying (non-solar lot) with Section 35.010 (3) of this Article. (h) City boundaries, the Urban Growth Boundary and any special service district boundaries or railroad rights-of-way, which cross or abut the proposed subdivision. (i) Applicable zoning districts and the Metro Plan designation of the proposed subdivision and of properties within 100 feet of the boundary of the subject property. 0) The dimensions (in feet) and size (either in square feet or acres) of each lot and the approximate dimensions of each building site, where applicable, and the top and toe of cut and fill slopes to scale. Ordinance 6021 Page 36 . . . (k) The location, outline to scale and present use of all existing structures to remain on the property after platting and their required setbacks from the proposed new property lines. (I) The location and size of existing and proposed utilities and necessary easements and dedications on and adjacent to the site including sanitary sewer mains, stormwater management systems, water mains, power, gas, telephone, and cable TV. Indicate the proposed connection points. (m) The locations widths and purpose of all existing or proposed easements on and abutting the proposed subdivision; the location of any existing or proposed reserve strips. (n) The locations of all areas to be dedicated or reserved for public use, with the purpose, condition or limitations of the reservations clearly indicated. (2) Site Assessment of the entire development area. The Site Assessment shall be prepared by an Oregon licensed Landscape Architect or Engineer and drawn to scale with existing contours at 1- foot intervals and percent of slope that precisely maps and delineates the areas described below. Proposed modifications to physical features shall be clearly indicated. The Director may waive portions of this requirement if there is a finding that the proposed development will not have an adverse impact on physical features or water quality, either on the site or adjacent to the site. Adjacent properties include those within the distances specified in Section 31.020(2)(c) of this Article. Information required for adjacent properties may be generalized to show the connections to physical features. A Site Assessment shall contain the following information: (a) The name, location, dimensions, direction of flow and top of bank of all watercourses that are shown on the Water Quality Limited Watercourse Map on file in the Development Services Department; (b) The 1 OO-year floodplain and f100dway boundaries on the site, as specified in the latest adopted FEMA Flood Insurance Rate Maps or FEMA approved Letter of Map Amendment or Letter of Map Revision; (c) The Time of Travel Zones, as specified in Article 17 of this Code and delineated on the Wellhead Protection Areas Map on file in the Development Services Department; (d) Physical features including, but not limited to significant clusters of trees and shrubs, watercourses shown on the Water Quality Limited Watercourse (WQLW) Map and their riparian areas, wetlands and rock outcroppings; and (e) Soil types and water table information as mapped and specified in the Soils Survey of Lane County. (3) A Stormwater Management Plan drawn to scale with existing contours at 1-foot intervals and percent of slope that precisely maps and addresses the information described below. In areas where the percent of slope is 10 percent or mor~, contours may be shown at 5-foot intervals. This plan shall show the stormwater management system for the entire development area. Unless exempted by the Public Works Director, the City shall require that an Oregon licensed Civil Engineer prepare the plan. Where plants are proposed as part of the stormwater management system, an Oregon licensed Landscape Architect may also be required. The plan shall include the following components: Ordinance 6021 Page 37 . . . (a) (b) Roof drainage patterns and discharge locations; Pervious and impervious area drainage patterns; (c) The size and location of stormwater management systems components, including but not limited to: drain lines, catch basins, dry wells and/or detention ponds; stormwater quality measures; and natural drainageways to be retained; (d) Existing and proposed elevations, site grades and contours; and (e) A stormwater management system plan with supporting calculations and documentation as required in Section 32.110 of this Code shall be submitted supporting the proposed system. The plan, calculations and documentation shall be consistent with the Engineering Design Standards and Procedures Manual to allow staff to determine that the proposed storm water management system will accomplish its purposes. (4) A Response to Transportation Issues complying with the standards of this Code. (a) The locations, condition, e.g., fully improved with curb, gutter and sidewalk, AC mat, or gravel, widths and names of all existing streets, alleys, or other rights of way within or adjacent to the proposed subdivision; (b) The locations, widths and names of all proposed streets and other rights of way to include the approximate radius of curves and grades. The relationship of all proposed streets to any projected streets as shown on the Metro Plan, including the TransPlan, any approved Conceptual Development Plan and the latest version of the Conceptual Local Street Map; (c) The locations and widths of all existing and proposed sidewalks and accessways, including the location, size and type of plantings and street trees in any required planter strip; pedestrian trails; and shared-use paths; (d) The location of existing and proposed traffic control devices, fire hydrants, streetlights, power poles, transformers, neighborhood mailbox units and similar public facilities, where applicable; (e) The location and dimensions of existing and proposed curb cuts, where applicable; (f) . The location of existing and proposed street lighting: including the type, height and area of illumination; (9) (h) The location of existing and proposed transit facilities; and A copy of a Right-of-Way Approach Permit application where the property has frontage on an Oregon Department of Transportation (ODOT) facility; and (i) A Traffic Impact Study prepared by a Traffic Engineer where the existing and/or proposed development will produce more than 250 vehicle trips per day. Ordinance 6021 Page 38 . . . (5) A Future Development Plan. Where redivision is allowed by this Code, the Subdivision Tentative Plan shall include a Future Development Plan that indicates any proposed redivision, including the boundaries and sequencing of each proposed redivision. Any redivision shall progress in a sequence that promotes street connectivity betWeen the various phases of the development and accommodates other required public improvements, including but not limited to sanitary sewer stormwater management, water and electricity. (6) Additional information and/or applications required at the time of Subdivision Tentative Plan application submittal shall include items (a) through (e) and may include, but not be limited to items (f) through (0): (a) A brief narrative explaining the purpose of the proposed subdivision and the existing use of the property. (b) All public improvements proposed to be installed and the approximate time installation is desired including the method of financing. (c) If the applicant is not the property owner, written permission from the property owner shall be required. (d) A Vicinity Map drawn to scale showing bus stops, streets, curb cuts, pedestrian connections, fire hydrants and other transportation/fire access issues within 200 feet of the proposed subdivision and all existing subdivisions, partition and tracts of land immediately adjacent to the proposed subdivision. (e) A Title Report prepared within one month of the date of submittal. , (f) If development is to be phased, a Future Development Plan for the remainder of the property shall be provided, including timing and financial provisions. (g) Proposed deed restrictions and a draft of a Homeowner's Association Agreement, where appropriate. (h) A Soils and Geology Report for slopes 15 percent or greater and in accordance with Article 26 of this Code. (i) How the proposal addresses the standards of the applicable overlay district where the development area is within an overlay district. U) (k) (I) How the proposal addresses Discretionary Use criteria. A Tree Felling Permit as specified in Article 38 of this Code. An Annexation application as specified in Article 6 of this Code where a subdivision is proposed outside of the city limits but within the City's urban services area and can be serviced by sanitary sewer. (m) A wetland delineation approved by the Division of State Lands where there is a wetland on the property, shall be submitted concurrently. Ordinance 6021 Page 39 . . . (n) Evidence that any required federal or state permit has been applied for or approved shall be submitted concurrently. (0) A Geotechnical Report prepared by an Engineer shall be submitted concurrently if the required Site Assessment Section 35:<)40(6)(0) of this Article indicates the proposed development area has unstable soils and/or a high water table as specified in the Soils Survey of Lane County. Section 25: Section 35.050 TENTATIVE PLAN - CRITERIA OF APPROVAL is hereby amended as described below: The Director shall approve or approve with conditions a Subdivision Tentative Plan application upon determining that criteria (1) through (8) of this Section have been satisfied. If conditions cannot be attached to satisfy the criteria, the Director shall deny the application. (1) The request as conditioned fully conforms to the requirements of this Code pertaining to lot size and dimensions. (2) The zoning is consistent with the Metro Plan diagram and/or applicable refinement plan diagrams. (3) Proposed on-site and off-site public and private improvements are sufficient to accommodate the proposed development as specified in Articles 31, 32, the appropriate zoning and/or zoning overlay district Article and any applicable refinement plan. (4) Parking areas and ingress-egress points have been designed to: facilitate vehicular traffic, bicycle and pedestrian safety to avoid congestion; provide connectivity within the development area and to adjacent residential areas, transit stops, neighborhood activity centers, and commercial, industrial and public areas; minimize curb cuts on arterial and collector streets as specified in Articles 31, 32, the appropriate zoning and/or zoning overlay district Article and any applicable refinement plan; and comply with the ODOT access management standards for state highways. (5) Physical features, including, but not limited to significant clusters of trees and shrubs, watercourses shown on the WQLW Map and their associated riparian areas, wetlands, rock outcroppings and historic features have been evaluated and protected as required by this Code. (6) The proposed development and associated site alterations have been designed and located in a manner that demonstrates that they will protect the state and federally designated beneficial uses of and standards for groundwater and surface water quality on and/or adjacent to the site and will ensure that state antidegragation requirements are met. (7) Development of any remainder of the property under the same ownership can be accomplished in accordance with the provisions of this Code. (8) Adjacent land can be developed or is provided access that will allow its development in accordance with the provisions of this Code. Section 26: Section 35.055 TENTATIVE PLAN - WATER QUALITY PROTECTION is hereby added as described below: Ordinance 6021 Page 40 . . . The intent of this Section is to apply water quality protection to only those sites that require Subdivision Tentative Plan Review approval as specified in Section 35.010 of this Article. The following standards do not apply to single-family homes and duplexes in the Low Density Residential District existing as of the date of this Ordinance, except as specified in Subsection (1 )(a) of this Section. Existing buildings that are within the riparian areas specified in Subsections (1)(a) and (b) shall not be considered non-conforming. Subsections (1)(b)1. and 2. provide additional protection from a non-conforming status. (1) When addressing criteria (5) and (6) as specified in Section 35.050 of this Article to protect riparian areas along watercourses shown on the Water Quality Limited Watercourses (WQLW) Map on file in the Development Services Department, the following riparian area boundaries shall be utilized: (a) Along all watercourses shown on the WQLW Map with average annual stream flow greater than 1,000 cubic feet per second (CFS) the riparian area boundary shall be a minimum of 75 feet upland from the top of each bank. (b) Along all watercourses shown on the WQLW Map with average annual stream flow less than 1,000 CFS the riparian area boundary,shall be a minimum of 50 feet upland from the top of each bank. Exceptions: 1. For all watercourses Subject to Section 31.240(1 )(b) of this Section other than the Mill Race or Cedar Creek, the 50 foot riparian area standard may be reduced to 35 feet provided an equivalent amount and function of pervious land is established elsewhere on the property that utilizes water quality measures including, but not limited to: wetlands, bioswales or additional trees, especially in parking areas, and exclusive of otherwise required water quality measures and landscape areas. The burden of proof shall be on the applicant to demonstrate, to the satisfaction of the Public Works Director, equivalency in relation to both the amount of pervious land (as specified above) and riparian area function (as specified in Section 32.110(7) of this Code. 2. An existing building within a riparian area shall not be considered a non- conforming use if destroyed by earthquake, flood or other natural disaster or fire. In this case, the replacement building may be constructed within the same location as the existing building. If the building is within the Willamette . Greenway, the standards in Article 25, Willamette Greenway Overlay District shall apply. (c) Where a watercourse divides a lot and the existing riparian area along that watercourse is degraded in riparian function, the applicant may relocate the watercourse to another portion of the property as approved by the Public Works Director and applicable state or federal C!gency. (d) If an expansion of the riparian area described in Subsection (1 )(a) and (b) occurs as a result of a federal or state agency permit process, the applicant shall resubmit the Tentative Plan for additional review in accordance with Section 35.010 of this Article. (2) Permitted Uses in Riparian Areas. The following uses shall be permitted in riparian areas as long as they do not diminish riparian functions: (a) The planting of trees and native vegetation to promote bank stability, enhance riparian areas, minimize erosion, preserve water quality and protect federally listed species. Trees may be clustered to allow maintenance vehicles approach City maintained stormwater facilities including but not limited to: detention basins, outfalls and culverts. (b) The felling of hazardous trees for safety reasons as specified in Article 38, Tree Felling. Ordinance 6021 Page 41 . . . (c) Riparian area restoration, enhancement including the removal of invasive plant species, where necessary. (d) Flood control structures, where necessary. (e) Stormwater management systems and outfalls, as allowed by the Public Works Director or other regulating authority. (f) Pedestrian paths as specified in Section 32.090(2)-(4) of this Code. Pedestrian paths shall be located along the outer edge of the required riparian area away from the watercourse. Utilities may be extended in the pedestrian path. (g) Bikeways shown on the TransPlan Priority Bikeway System Projects Map or the Future Bikeway Projects Map and as specified in Section 32.090(1) of this Code, provided that the drainage falls away from the watercourse. Bikeways shall be located along the outer edge of the required riparian area away from the watercourse. Utilities may be extended in the bikeway. (h) Water dependent or water related uses between the Willamette River and the Greenway Setback Line as may be permitted in Article 25 Willamette Greenway Overlay District. (i) Private driveways, public street crossings, bridges and necessary culverts when there is no other vehicle access to the property. Crossings should be preferably at right angles to the watercourse. Public and private utilities shall be permitted within the driveway, publiC street or bridge right-of-way. (j) Repair, replacement or improvement of utility facilities as long as the riparian area is restored to its original condition. (k) Routine repair and maintenance of existing structures, streets, driveways, utilities, accessory uses and other similar facilities. (I) Other activities similar to those listed above that do not diminish riparian function. The Director shall make such determinations in accordance with Article 3, Interpretation. (3) For protection of water quality and protection of riparian area functions as specified in Section 32.110(7) of this Code, the following standards shall apply: (a) Avoid development or redevelopment in the following circumstances: 1. Unsuitable areas, including, but not limited to unstable slopes, wetlands and riparian areas; 2. Stream crossings - where crossings must be provided, the impacts on water quality shall be minimized; and 3. Hardening of stream banks and shorelines; (b) Prevent: 1. Stormwater discharge impacts to water quality and quantity; and. 2. Erosion and sediment run-off during and after construction. Ordinance 6021 Page 42 . . . (c) Protect: 1. Riparian areas, buffers and functions around all watercourses; and 2. Wetlands, wetland buffers and wetland functions. (d) Preserve the hydrologic capacity of any watercourses. (e) Utilize native vegetation in riparian areas to reduce the need to apply water, herbicides, pesticides and fertilizer. The required riparian area landscaping shall be installed prior to recording the Subdivision Plat. The required riparian area landscaping may be bonded as speCified in Section 35.1 OO( 1)( c )3. of this Article. (f) Restoration and enhancement of riparian areas that are degraded in riparian function. (9) In applying Subsections (3)(a) through (3)(f) of this Section for riparian areas, protection, preservation, restoration and enhancement measures shall be applied as follows: Existing riparian area functions shall be protected and preserve~ and degraded functions. shall be restored or enhanced through the full riparian area width, specified in Subsection (1 )(a) and (1 )(b) of this Section, and extending through the full frontage of the subdivision boundary along the watercourse on the Water Quality Limited Watercourse (WQLW) Map. Section 27: Section 35.060 TENTATIVE PLAN - CONDITIONS OF APPROVAL is hereby amended as described below: To the extent necessary to satisfy the criteria of Section 35.050 of this Article, comply with all applicable standards of this Code and to mitigate identified negative impacts to surrounding properties, the Director shall impose conditions of approval. All conditions shall be satisfied prior to Subdivision Plat approval. Conditions of approval may include, but are not limited to: (1) Dedication of right of way when shown in TransPlan, transportation elements of refinement plans or on the most recent Conceptual Local Street Plan Map and as specified in Table 32-1 of this Code and/or easements as specified in Section 32.120(5) when necessary to provide services, including but not limited to sanitary sewers, stormwater management, water and electricity, to the site and neighboring properties. The dedication of easements shall also include any easements required to access and maintain watercourses or wetlands that are part of the City's Stormwater Management System. (2) Installation of a sight obscuring fence, and/or vegetative screen whenever a party of record or the Director identifies a land use conflict. (3) Installation of traffic signals and signs; restricting access to and from arterial or collector streets; requiring a frontage road; restricting and strategically locating driveways; and/or requiring the joint use of driveways to serve 2 or more lots through a Joint Use/Access Agreement when transportation safety issues are identified by the Transportation Planning Engineer and/or a Transportation Impact Study. (4) Modification of the layout of parcel lines caused by the location of streets, required stormwater management systems, including but not limited to swales and detention basins or when required by the Geotechnical report specified in Section 35.040(6)(0) of this Article. Ordinance 6021 Page 43 . . . Installation of a noise attenuating barrier, acoustical building construction and/or site modifications as specified in Section 31 .160 of this Article or similar. measures approved by an acoustical engineer registered in the State of oregon, to minimize negative affects on noise sensitive property from noise found to exceed acceptable noise levels prescribed in the Oregon Administrative Rules or the Federal Highway Administration Noise Abatement Criteria. (6) Phasing of development to match availability of services when public facilities and services, including but not limited to sanitary sewer, stormwater management, water and electric, are not available to property that must be annexed to the City as part of development approval, as determined by thePublic Works Director. (5) (7) Submittal of a Land and Drainage Alteration Permit (8) The Director may waive the requirement that buildable City lots have frontage on a public street when all of the following apply: (a) The lot or lots have been approved as part of a subdivision application; (b) Access has been guaranteed via a private street to a public street or driveway by an irrevocable joint use/access agreement. (9) Retention and protection of existing physical features and their functions, including but not limited to: significant clusters of trees and shrubs, watercourses shown on the WQLW Map and wetlands, by: (a) Planting replacement trees where encroachment is allowed into riparian areas shown on the WQLW Map on file in the Development Services Department; and (b) Re-vegetation, including but not limited to trees and native plants, of slopes, ridgelines, and stream corridors; and (c) Restoration of native vegetation; and (d) Removal of invasive plant species, based upon the Invasive Plants List on file in the Development Services Department; and . (e) Relocating the proposed development on another portion of the site; and (f) . Reducing the size of the proposed development; and/or (9) Mitigation of the loss of physical features caused by the proposed development with an equivalent replacement either on site or on an approved site elsewhere within the City's jurisdiction, as approved by the Director. (10) The applicant shall submit copies of required permits to demonstrate compliance with applicable: federal programs, regulations C1nd statutes; state programs, regulations and statutes; and/or local programs, regulations and statutes prior to the approval of the Subdivision Plat. When a federal or state agency issues a permit that substantially alters an approved Tentative Plan, the Director shall require the applicant to resubmit the Tentative Plan for additional review. (11) Approval of a Stormwater Management Plan for the development demonstrating compliance with the applicable provisions of Section 32.110 of this Code and the Engineering Design Standards and Procedures Manual. Ordinance 6021 Page 44 . . . Section 28: The Water Quality Limited Watercourse (WQLW) Map, August 2002 is hereby added by reference. Section 29: A severability clause is hereby added as described below: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and individual provision and such holding shall not affect the validity of the remaining portions hereof. ADOPTED by the Common Council of the City of Springfield by a vote of L for and :.L against, this 15thdayof July , 2002. APPROVED by the Mayor of the City of Springfield, this 15thdayof July ,2002. ATTEST: -- dlL( ~, LQ)( \) ))()J"-' City Recorder Ordinance Page 45