HomeMy WebLinkAboutOrdinance 6021 07/15/2002
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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.
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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
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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
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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.
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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
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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).
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S;;lnwnbe:rr Shruh
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In.:!K.;dM:';;
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Bankfull Widlh
Sill\"
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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
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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
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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
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(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:
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(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
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(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.
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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.
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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
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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;
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(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
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(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.
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(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.
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(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.
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(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.
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(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
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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.
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(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
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(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
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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
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(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
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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
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(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
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(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
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(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
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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
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(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
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(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
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(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
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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
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(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
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(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
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(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
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(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
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(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
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(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
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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
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(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
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(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
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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
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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