(A) Purpose. The purpose of this section is to provide procedures necessary to secure the desirable attributes of the city from depletion by recognizing the value of streams, ponds, wetlands, and riparian vegetation for fish and wildlife habitat, maintenance of water quality and quantity, alleviation of flooding hazards, storm water control, recreation and aesthetics, and to provide for open space. Protection of the natural drainageways as an integral part of the city environment in accordance with the Local Wetlands and Riparian Inventory (2004) (LWI) is also important in order to manage stormwater drainage, minimize maintenance costs, and protect properties adjacent to drainageways.
(B) Application. The provisions of this section shall apply to the streams, significant wetlands, ponds, and riparian areas identified in the Comprehensive Plan’s LWI. The provisions of this section shall also apply to existing streams, significant wetlands, and riparian areas that are not yet identified in the LWI. The provisions of this section are to be applied in conjunction with the provisions of the underlying zone and are also subject to the applicable provisions of §§ 152.039, 152.040, 152.076, 152.130 through 152.136, 152.150 through 152.158, 152.170 through 152.173, 152.185 through 152.188, 152.200 through 152.210, and 152.225 through 152.235. Where the provisions of this section and the underlying zone conflict, the more restrictive regulations shall apply. Forestry activities subject to the riparian regulations of the Oregon Forest Practices Act, being O.R.S. 527.610 through 527.810, are exempt from regulation under this section. Forestry activities not subject to the riparian regulations of the Oregon Forest Practices Act are subject to regulation under this section.
(C) Procedure for development applications. Applicants requesting approval for any development permit in an area which contains a designated resource identified in division (D) below shall submit, along with any application, a detailed site plan and written statement demonstrating how the proposed activities will conform to each of the applicable standards of this section. The Planning Commission shall review the application in a public hearing and determine if all of the applicable criteria are met.
(D) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DRAINAGEWAYS. The streams, channels, springs, lakes, ponds, reservoirs, ponding areas, and wetlands indicated in the LWI and the stormwater master plan maps of existing facilities.
FISH HABITAT. The areas upon which fish depend in order to meet their requirements for spawning, rearing, food supply, and migration.
POND. A small body of intermittent or perennial standing water that is a persistent feature of the landscape.
RIPARIAN AREA. The area adjacent to a river, lake, or stream, consisting of the area of transition from an aquatic ecosystem to a terrestrial ecosystem.
RIPARIAN CORRIDOR. Includes the water areas, fish habitat, adjacent riparian areas, and wetlands within the riparian area boundary.
RIPARIAN CORRIDOR BOUNDARY.
(a) An imaginary line that lies 50 feet inland (or upland), measured on the horizontal, from the top of the bank of an inland stream, or where no bank is discernible, that lies 50 feet inland from the outer edge of non-aquatic vegetation.
(b) Where a wetland or pond is contiguous to a stream, the riparian area shall be measured 50 feet inland (or upland) from the upland edge of the wetland or pond. Where a wetland or pond is not contiguous to a stream, the riparian area shall be measured 25 feet inland (or upland) from the upland edge of the wetland or pond.
STREAM. A channel, such as a river or creek, that carries flowing surface water, including perennial streams and intermittent streams with defined channels, and excluding human-made irrigation and drainage channels.
WATER AREA. The area between the banks of a lake, pond, river, or perennial or fish-bearing intermittent stream, excluding human-made farm ponds.
WETLAND. An area that is inundated or saturated by surface 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.
(E) Riparian corridor protection standards.
(1) The actual location of streams, wetlands, ponds, and riparian areas, shall be delineated in the field by a person qualified to do such a delineation, following procedures accepted by the state. A report and map shall be submitted which documents the boundaries of the resource and its buffer.
(2) The outer boundaries of the riparian corridor shall be clearly marked in the field, and such markings shall remain visible for inspection until all development on the site is complete.
(3) No filling, grading, excavating, or draining is permitted in a wetland area unless such is performed for restoration purposes. Valid permits from the U.S. Army Corps of Engineers and from the Oregon Department of State Lands, or written proof of exemption from these permit programs must be obtained and presented to the city prior to any such work.
(4) The flow from springs, drainages, streams, and other features providing the water necessary to maintain wetlands hydrology, shall not be diminished or substantially increased.
(5) Within the riparian corridor boundary, no grading shall occur, no impermeable surfaces or structures shall be placed, and no vegetation shall be removed or destroyed, except that the following are allowed, provided they are designed and constructed to minimize intrusion into the riparian area:
(a) Removal of riparian vegetation necessary for a use that requires direct access to the water;
(b) Placement of utilities, drainage facilities, and irrigation pumps;
(c) Replacement or enlargement of existing structures with structures in the same location that do not disturb additional riparian surface area;
(d) The placement of walking paths and road crossings;
(e) Removal of non-native noxious vegetation, such as scotch broom, blackberries, and ivy, and replacement with native plant species;
(f) Fish and habitat restoration activities approved by Oregon Department of Fish and Wildlife; and
(g) Removal of vegetation necessary for the development of water related and water dependent uses.
(6) Before any development activity occurs within a riparian corridor, there must be a review and report prepared by a licensed, certified arborist. The arborist’s report must be submitted to the city before any development activity occurs. The responsibility for this review lies with the applicant.
(7) Valid permits from the U.S. Army Corps of Engineers and from the Oregon Division of State Lands, or written proof of exemption from these permit programs, must be obtained and presented to the city before commencement of any of the activities associated with allowed uses which will impact the streams, ponds, wetlands, and riparian areas.
(8) Development activities shall not change the natural drainage or substantially increase the water flow.
(9) Development activities shall not create erosion into the stream, wetland, pond, or riparian area.
(F) Drainageway protection standards.
(1) To prevent new development from significantly increasing the amount or flow rate of surface water run-off destined for the drainageway, any new development or redevelopment proposed on land on or adjoining a drainageway shall:
(a) Avoid filling in, disturbing, or changing the location of the natural drainageway;
(b) Avoid placing impervious surfaces within 15 feet of the drainageway;
(c) Not “hardline” roof and perimeter drains into the drainageway, but provide for infiltration or run-off on site before allowing it to enter the natural drainageway; and
(d) For subdivisions, provide for engineered stormwater plans that provide for on-site storm water detention and treatment.
(2) This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and any other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(G) Hardship variances.
(1) Applicability. This section applies to lots existing prior to January 1, 1982 in the Coastal Shorelands Overlay Zone or along North and South Depoe Bay Creeks, or prior to January 1, 2001 in other areas of the city.
(2) Where a minimum building footprint of less than 800 square feet would result from application of the rules of this section, reduction or removal of the restrictions under this section can be granted to allow the building of a structure within such a building footprint through the variance procedure. Applicants for variance from this section should demonstrate, in addition to the criteria found in the variance ordinance (§§ 152.170 through 152.173 of this chapter), that intrusion into the required riparian corridor, wetland, or drainageway protection areas has been minimized by maximizing setback variances on property line boundaries away from these resources. Applicants shall consult with a fish biologist regarding impacts to the riparian corridor and stream, and provide that documentation to the city, when requesting intrusion into the required riparian corridor associated with North Depoe Bay Creek or South Depoe Bay Creek.
(H) Map error. If the resource is not located on a subject property, although the inventory map indicates it to be, the applicant for a building permit shall follow the following procedure:
(1) The boundary of the property with proximity to the resource area shall be marked between surveyed property markers with a visible string or tape;
(2) The applicant shall contact the City Planner and request a site visit;
(3) The City Planner shall inspect the property and, if the resource is not on the subject property, issue the applicant a note stating the resource is not on the subject property and is exempt from the provisions of this section; and
(4) When the extent of the resource area cannot be determined by the city, the applicant shall seek prompt assistance from a natural resource agency in making that determination, or provide a written report from a properly-qualified specialist describing the boundaries of the resource area in relationship to the property boundaries.
(Ord. 256, passed 4-6-2004; Ord. 278, passed 3-21-2007) Penalty, see § 152.999