Division XIII. – WETLANDS
Sections:
16.140.010 Purpose
16.140.020 Definitions
16.140.030 Applicability and Generalized Mapping
16.140.040 Permitted uses
16.140.045 Uses subject to site and design review
16.140.050 Prohibited uses
16.140.060 DSL notification required
16.140.070 Appeals
16.140.080 Variances
16.140.090 Conflicts
16.140.100 Findings of facts
16.140.105 Amendments
16.140.110 Severability
The purpose of this ordinance is to establish a process and standards which will minimize the degradation and destruction of significant wetlands within the City of Canby’s Urban Growth Boundary, and conserve wetland resources and their functions and values. This ordinance is intended to protect and enhance local water quality; to preserve fish and wildlife habitat; to provide flood storage capacity, and to preserve open spaces within the City of Canby.
As used in this ordinance the following words and phrases shall mean:
Enhancement: An activity which improves one or more specific functions or values of an existing wetland.
Function and Values: Functions refers to the environmental roles served by wetlands and buffer areas including, but not limited to , water quality protection and enhancement, fish and wildlife habitat, flood storage, nutrient attenuation , and sediment trapping. Values refers to the qualities ascribed to a wetland such as educational and recreational opportunities, open space and visual aesthetic qualities.
Restoration: To improve a disturbed wetland by returning wetland parameters which may be missing; adding soils, water, or plants. The restoration may return a missing or damaged wetland function to achieve a desired outcome.
“Wetland” is an area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions;
a. A “significant Wetland” is a wetland that meets the Division of State Lands definition of a Locally Significant Wetland, and which appears on the City of Canby Wetlands and Riparian Corridors Map;
b. An “Associated Wetland” is a significant wetland, all or part of which is within 75 feet of the Molalla River top-of-bank.
c. An “Isolated Wetland” is a significant wetland, all of which is located outside of the riparian setback;
d. A “Non-Significant Wetland” is a wetland that does not meet the Division of State Lands definition of a Locally Significant Wetland. Non-significant wetlands are not regulated by this chapter, but do require DSL notification under ORS 227.350.
The wetland regulations contained in this ordinance apply to those areas identified as significant wetlands on the Canby Wetlands and Riparian Corridors Map, and wetland sites meeting Division of State Lands criteria. Precise wetland boundaries may vary from that shown on the Canby Wetlands and Riparian Inventory Map if an on-site delineation or other City approved documentation indicate more accurate boundaries. For any proposed development impacting significant wetlands or within 50 feet of identified significant wetlands, the applicant shall be required to conduct a wetland delineation to determine the precise wetland boundary for application of the Removal –Fill Law, and if applicable, the nature and extent of development impacts on adjacent wetlands. The more precise boundaries obtained through a wetland delineation can be identified, mapped, and used for a development without a change in the Canby Wetland and Riparian Inventory Map. All developments proposed within or adjacent to a designated
Wetland area shall be subject to the provisions of this ordinance and Site Plan Review pursuant to Canby’s Land Development and Planning Ordinance.
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