The following standards are to be met when the subject
contains
. In order of preference, these
are to be avoided when
as allowed by the underlying zone district can be achieved outside the area or through alternative
design allowed by a planned
; minimize intrusion into the area to the extent feasible; or mitigate impacts from intrusions where no feasible alternatives exists. The following standards shall apply to achieve these avoid, minimize or mitigate objectives. As an alternative, the
may submit for discretionary approval pursuant to § 17.5.040:
A. Methods for avoiding or minimizing disturbance in
. The following habitat-friendly practices may be used to avoid or minimize within NRAs by allowing flexible design:
1.
flexibility to avoid, or minimize,
within NRAs. The minimum
of the base zone may be reduced to any distance between the base zone minimum and zero, unless this reduction conflicts with applicable fire or life safety requirements;
2. Flexible landscaping requirements to avoid, or minimize,
within NRAs.
a. Landscaping requirements, apart from those required for parking lots or
, may be met by preserving the NRA.
b. Facilities that infiltrate stormwater onsite, including the associated piping, may be placed within the NRA so long as the forest
and the areas within the drip lines of the
are not disturbed. Such facilities may include, but are not limited to, vegetated swales, rain gardens, vegetated filter strip and vegetated infiltration basins. Only native
may be planted in these facilities.
3. Flexible
Design (On-
) to avoid or minimize
within NRAs.
a. Residential. For residential
, up to 100% of the
that could be allowed on lands within a
can be transferred to other portions of the property outside the resources area.
b. In order to accommodate the transferred
, dimensional standards and
sizes may be adjusted by no more than 20%.
c. Commercial and industrial
shall avoid
unless no other practicable alternative is available.
d. Mixed-
Zones. Within mixed-
zones, the
credit can be factored using either a. or b. above, depending on the type of
proposed.
4.
capacity incentives. The following
capacity standards provide flexibility in the design of land divisions in order to allow ways to better protect NRAs.
a.
bonus if NRA is protected. In the Multi-
(RMH) Residential Zone District, a 25%
bonus over the based
may be allowed for any
of four or more
units if 75% or more of the NRA on a
is permanently preserved.
b. All area within a NRA, or any portion of it, may be subtracted from the calculations of net size for purposes of determining minimum
provided that such area is protected. This provision may only be applied to properties that were inside the Metro UGB on January 1, 2002.
c. Projects can be developed below minimum
allowed by the zone district if the
is protected. This provision may only be applied to properties that were inside the Metro UGB on January 1, 2002.
5. All
that are preserved shall be permanently restricted from
and maintained for habitat functions, such as by making a public
or executing a restrictive covenant.
B.
within NRA. The following standards apply to all that occurs within the NRA except for exempt uses and conditioned activities addressed in § 17.5.015 and utility facilities addressed in § 17.5.035C. If all occurs outside of an NRA on a property, these standards do not apply. These standards also do not apply to that occurs pursuant to the standards established by the alternative discretionary standards in § 17.5.040.
1. Disturbance area limitations to minimize impact to NRA.
a. Single-
residential. The maximum disturbance area (MDA) allowed within NRAs is determined by subtracting the area of the or parcel outside of Habitat Conservation Area (HCA) from the total disturbance area (TDA) calculated as described in Table 5-1 below.
(TDA – Area outside the HCA = MDA)
i. Moderate and Low HCAs are subject to the same disturbance area limitations.
ii. Calculation of maximum disturbance area. If a
or parcel includes both High and Moderate/Low HCAs then:
(1) If there is more High HCA than Moderate/Low HCA on the
or parcel, then the MDA shall be calculated as if all of the Moderate/Low and High HCA were High, per Table 5-1 below; or
(2) If there is more Moderate/Low HCA than High HCA on the
or parcel, then the MDA shall be calculated as if all of the Moderate/Low and High HCA were Moderate/Low, per Table 5-1 below.
iii. Location of MDA. If a
or parcel includes different types of HCAs, then:
(1) The amount of
that may occur within the High HCA is equal to the total disturbance area minus the area of the
or parcel outside of the High HCA (TDA – non-High HCA = MDA). If the area of the
or parcel outside the High HCA is greater than the total disturbance area, then
shall not occur within the High HCA:
(Area outside High HCA > TDA = no
in High HCA);
(2) The amount of
that may occur within the Moderate HCA is equal to the total disturbance area minus the area of the
or parcel outside of the High and Moderate HCA (TDA – (Low HCA + non-HCA) = MDA). If the area of the
or parcel outside the Moderate HCA is greater than the total disturbance area, then
shall not occur within the Moderate HCA:
(Area outside Moderate HCA > TDA = no
in Moderate HCA); and
(3) The amount of
that may occur within the Low HCA is equal to the total disturbance area minus the area of the
or parcel outside of the High, Moderate and Low HCA (TDA – non-HCA = MDA). If the area of the
or parcel outside the Low HCA is greater than the total disturbance area, then
shall not occur within the Low HCA:
(Area outside Low HCA > TDA = no
in Low HCA).
HCA Type | Habitat Type | Total Disturbance Area (TDA) |
High | Class I | 50% of the , up to maximum of 5,000 square feet |
Moderate/Low | Class II | 65% of the , up to maximum of 6,000 square feet |
Moderate/Low | Uplands Class A and B for properties brought into the UGB after January 5, 2006 | 65% of the , up to maximum of 6,000 square feet |
No HCA or NRA | Uplands Class A and B within the UGB as of January 5, 2006 | N/A |
Upland Class and Zone District for property brought into UGB after January 5, 2006[1] |
Maximum Disturbance Area |
Class A: CC, CN, CH, LI, GI Class B: RML, RMH | 15% of NRA on |
Class A: CBD Class B: CC, CN, LI, GI | 50% of NRA on |
[1] There is no uplands classification for lands within the UGB as of January 5, 2006. |
c. Parks and
.
i. Publicly owned property designated for
or for habitat on the
’s Park, Recreation and
Master Plan shall be limited to
removal for trail
. Any other
removal shall be mitigated by replanting consistent with this section.
ii. Parks intended for active recreational purposes as designated on the
’s Park, Recreation and
Master Plan shall not be considered in an NRA.
d.
within an NRA in accordance with the provisions of this Code shall not result in a change of the NRA status of such developed areas on a property. In the case of a later
request seeking to develop within previously undisturbed NRAs on a property where a prior
request was subject to the provisions of this Code, the calculation of the MDA allowed on the property shall be based on the location of the NRA, notwithstanding the location of any authorized
within the NRA.
2. Protection of habitat during
. During of any containing a NRA, the following standards apply.
a. Work areas shall be marked to reduce potential damage to the NRA.
b.
in NRAs shall not be used as anchors for stabilizing construction equipment.
c. Native soils disturbed during
shall be conserved on the property.
d. An erosion and sediment control plan is required and shall be prepared in compliance with requirements set forth by Clean Water Services Design and Construction Standards;
e. Prior to construction, the NRA that is to remain undeveloped shall be flagged, fenced, or otherwise marked and shall remain undisturbed.
f. All work on the property shall conform to the Construction Management Plan described in § 17.5.030.
C. Utility facility standards. The following disturbance area limitations apply to new utilities, private connections to existing or new utility lines, and upgrade
1. The disturbance area for utility facility connections to utility facilities is no greater than ten feet wide.
2. The disturbance area for the upgrade of existing utility facilities is no greater than 15 feet wide.
3. The disturbance area for new underground utility facilities is no greater than 25 feet wide and disturbs no more than 200 linear feet of Water Quality Resource Area, within any 1,000 linear foot stretch of Water Quality Resource Area; provided that this disturbance area shall be restored with the
of necessary
points to the utility facility.
4. No fill or excavation is allowed within the ordinary high water mark of a stream, unless a permit is obtained from the U.S. Army Corps of Engineers through the Standard Local Operating Procedures for Endangered Species (SLOPES) process.
5.
is required as described in § 17.5.035D. below.
D.
requirements for disturbance in NRAs. In order to achieve the goal of reestablishing forested that meets the ecological values and functions described in this Chapter, replacement and planting are required when intrudes into a NRA according to the following standards, except for requirements imposed by state and federal law.
1. Required plants and plant densities. All , shrubs and ground cover must be native plants selected from the Metro Native Plant List. An must meet Option 1 or 2, whichever results in more plantings; except that where the disturbance area is one or more, the shall comply with Option 2:
a.
Option 1. In this option, the requirement is calculated based on the number and size of that are removed from the . that are removed from the must be replaced as shown in Table 5-4. Conifers must be replaced with conifers. Bare ground must be planted or seeded with native grasses or herbs. Non-native sterile wheat grass may also be planted or seeded, in equal or lesser proportion to the native grasses or herbs.
b.
Option 2. In this option, the requirement is calculated based on the size of the disturbance area within a NRA. Native and shrubs are required to be planted at a rate of five and 25 shrubs per every 500 square feet of disturbance area. Bare ground must be planted or seeded with native grasses or herbs. Nonnative sterile wheat grass may also be planted or seeded, in equal or lesser proportion to the native grasses or herbs.
2. Plant size. Replacement must be at least one-half inch in , measured at six inches above the ground level for field grown or above the soil line for container grown (the one-half inch minimum size may be an average measure, recognizing that are not uniformly round), unless they are oak or madrone which may be one gallon size. Shrubs must be in at least a one-gallon container or the equivalent in ball and burlap and must be at least 12 inches in height.
3. Plant spacing. shall be planted between eight and 12 feet on-center and shrubs shall be planted between four and five feet on center, or clustered in single species groups of no more than four plants, with each cluster planted between eight and ten feet on-center. When planting near existing , the of the existing shall be the starting point for plant spacing measurements.
4. Plant diversity. Shrubs must consist of at least two different species. If ten or more are planted, then no more than 50% of the may be of the same genus.
5. Location of
area. All must be planted on the ’s within the NRA or in an area to the NRA; provided, however, that if the is planted outside of the NRA then the shall preserve the area by executing a restriction, such as a restrictive covenant.
6. Invasive
. Invasive non-native or noxious must be removed within the area prior to planting.
7.
and shrub survival. A minimum of 80% of the and shrubs planted shall remain alive on the fifth anniversary of the date that the is completed.
8. Monitoring and reporting. Monitoring of the is the ongoing responsibility of the property owner. Plants that die must be replaced in kind. For a period of five years, the property owner must submit an annual report to the Community Development Department documenting the survival of the and shrubs on the .
9. To enhance survival of the
plantings, the following practices are required.
a. Mulching. Mulch new plantings a minimum of three inches in depth and 18 inches in diameter to retain moisture and discourage weed growth.
b. Irrigation. Water new plantings one inch per week between June 15 and October 15 for the three years following planting.
c. Weed control. Remove, or control, non-native or noxious throughout maintenance period.
10. To enhance survival of
replacement and
plantings, the following practices are recommended:
a. Planting season. Plant bare root between December 1 and February 28, and potted plants between October 15 and April 30.
b. Wildlife protection. Use plant sleeves or fencing to protect and shrubs against wildlife browsing and resulting damage to plants.
E. Standards for
and
. The purpose of this section is to allow for in a manner that limits the total amount of allowable within NRAs on the partitioned parcels; and to require that new delineate and show the Moderate and High NRAs as a separate unbuildable tract.
1. Standards for
containing NRAs.
a. When partitioning a property into parcels, an
shall verify the boundaries of the NRA on the property according to § 17.5.050.
b.
who are partitioning, but are not simultaneously developing their property, do not need to comply with § 17.5.030.
c. When partitioning a property into parcels there shall be no more than a 30 percentage point difference in the percentage of NRA on the parcels; for example, a
that produces two parcels, one that is 55% NRA and the other that is 35% NRA is permissible; whereas a
that produces two parcels, one that is 75% NRA and the other that is 30% NRA is not permissible. However, an
may
a property such that at least 90% of the original property’s High NRA and 80% of its moderate NRA is on a separate unbuildable parcel, protected by a restrictive covenant or a public
.
2. Standards for
.
i. Complete the
requirements of § 17.5.035D. and thereby exempt all subsequent
on
containing NRA from further review under this Code; or
ii. Not complete the
requirements of § 17.5.035D., thus requiring that any subsequent
within an NRA be subject to this Code.
c. When a property containing any NRA is subdivided, this Code requires that new
delineate and show 80% of the NRA as a separate unbuildable tract according to the following process:
d. If the tract is adjacent to the backyard for residences, the minimum backyard requirement is reduced to ten feet.
e. The standards for land divisions in Moderate and High NRAs shall apply in addition to the requirements of the
/county land division ordinance and zoning ordinance.
f. Prior to preliminary
approval, the NRA shall be shown as a separate tract, which shall not be a part of any
used for construction of a
unit.
g. Prior to final
approval, ownership of the NRA tract shall be identified to distinguish it from
intended for sale. The tract may be identified as any one of the following:
i. Private natural area held by the owner or homeowners association by a restrictive covenant; or
ii. For residential land divisions, private natural area subject to an
conveying storm and surface water management rights to the
and preventing the owner of the tract from activities and uses inconsistent with the purpose of this Code; or
iii. At the owner’s option, public natural area where the tract has been dedicated to the
or other governmental unit, or a private nonprofit with the mission of land conservation.
(Ord. 2009-01, passed 3-9-2009)