may choose to use the alternative discretionary
standards provided in this section rather than the
standards provided in § 17.5.035. There are four discretionary review processes provided in this section: subsection A. provides discretionary review for an
seeking only to
a property; subsection B. provides discretionary review for an
who will comply with the
standards in § 17.5.035, except that the
seeks to meet the
requirements of that section on a different property from the property on which a NRA will be disturbed; subsection C. provides discretionary review for an
who will comply with the
standards in § 17.5.035, except that the
seeks to meet the
requirements of that section by proportionally varying the number and size of plants required to be planted; and subsection D. provides general discretionary review standards applicable to an
seeking some other type of discretionary approval of
that will disturb an NRA.
1. The
shall verify the boundaries of the NRAs on the property according to § 17.5.050.
2. The
shall submit the following
materials:
a. A scale map of the entire property that includes:
i. Location of all NRA on the property;
ii. Location of any
or water bodies on the property, including a delineation of the Water Quality Resource Area;
iii. Location of 100-year
and
boundary as defined by the Federal Emergency Management Agency (FEMA) and the area of the 1996
inundation; and
iv. A delineation of the proposed
.
b. A written and documented explanation of how and why the proposed
satisfies the approval criteria in § 17.5.040A.3. Such written documentation shall include an alternatives analysis of different possible
plans, based on the characteristics and zoning of the property.
3. Approval criteria. A
shall be approved under this § 17.5.040A. provided that the
demonstrates that it is not practicable to comply with the
standards in § 17.5.035E.1., and that the
’s
plan will result in the smallest practicable percentage point difference in the percentage of NRA on the parcels created by the
(this will minimize the amount of allowable disturbance areas within NRAs on the parcels, assuming that the
standards in § 17.5.035 were applied to future
on such parcels).
4. Subsequent
on any parcels created by the
and containing NRAs shall comply with all provisions of this Chapter, except that the map verification completed and approved as part of the
may be used to satisfy the requirements of § 17.5.050 for any such
.
B. Discretionary review to approve off-
. An seeking discretionary approval only for off- within the same subwatershed (6th Field Hydrologic Unit Code), but who will comply with all other provisions of § 17.5.035, may seek review under this § 17.5.040B. (An who seeks to conduct the in a different subwatershed may apply for such approval under § 17.5.040D.).
1. The
shall submit:
a. A calculation of the number of
and shrubs the
is required to plant under § 17.5.035D.; and
b. A map and accompanying narrative that details the following:
i. The number of
and shrubs that can be planted on-
;
ii. The on-
location where those
and shrubs can be planted;
iii. An explanation of why it is not practicable for the remainder of the
to occur on-
; and
iv. The proposed location for off-
and documentation that the
can carry out and ensure the success of the
, including documentation that the
possesses legal authority to conduct and maintain the
, such as having a sufficient ownership interest in the
, and, if the
is not within a NRA, documentation that the
will be protected after the monitoring period expires, such as through the use of a restrictive covenant.
2. Approval criteria. Off-
shall be approved under § 17.5.040B. provided that the
has demonstrated that it is not practicable to complete the
on-
and that the
has documented that it can carry out and ensure the success of the off-
on a property within the same subwatershed (6th Field Hydrologic Unit Code) as the related disturbed NRA.
C. Discretionary review to approve
that varies the number and size of
and shrubs. An seeking discretionary approval only to proportionally vary the number and size of and shrubs required to be planted under § 17.5.035D, for example to plant fewer larger and shrubs or to plant more smaller and shrubs, but who will comply with all other provisions of § 17.5.035, may seek review under § 17.5.040C.
1. The
shall submit:
a. A calculation of the number of
and shrubs the
would be required to plant under § 17.5.035D.;
b. The numbers and sizes of
and shrubs that the
proposes to plant;
c. An explanation of why the numbers and sizes of
and shrubs that the
proposes to plant will achieve, at the end of the fifth year after initial planting, comparable or better
results as the results that would be achieved if the
complied with all of the requirements of § 17.5.035D. Such explanation shall be prepared and signed by a knowledgeable and qualified natural resources professional or a certified landscape architect and shall include discussion of plant diversity, plant spacing,
preparation including removal of invasive and noxious
and soil additives, planting season and immediate postplanting care including mulching, irrigation, wildlife protection and weed control; and
d. The
’s
monitoring and reporting plan.
2. Approval criteria. A request to vary the numbers and sizes of
and shrubs to be planted shall be approved if the
demonstrates that its planting will achieve, at the end of the fifth year after initial planting, comparable or better
results as the results that would be achieved if the
complied with all of the requirements of § 17.5.035D. Such determination shall take into consideration all of the information required to be submitted under § 17.5.040C.1.
1.
requirements. The shall provide all items described in § 17.5.015 and the following, except that for utility projects undertaken by public utilities across property that is not owned by the utility, the utility shall not be required to map or provide any information about the property except for the area within 300 feet of the location of the proposed disturbance area of the utility’s project:
a. Impact evaluation and alternatives analysis. An impact evaluation and alternatives analysis is required to determine compliance with the approval criteria and to evaluate alternatives for a particular property. The alternatives must be evaluated on the basis of their impact on the NRA, the ecological functions provided by the NRA on the property, and within the subwatershed (6th Field Hydrologic Unit Code) where the property is located. The impact evaluation shall include all of the following items:
ii. For upland habitat in areas to be added to the Metro urban growth boundary areas after October 1, 2005, identification of the impact the proposed
would have on the following ecological functions provided by upland wildlife habitat:
(1) Habitat patch size;
(2) Interior habitat;
(3) Connectivity of the habitat to water; and
(4) Connectivity of the habitat to other habitat areas.
iii. Evaluation of alternative locations, design modifications, or alternative methods of
to determine which options reduce the significant detrimental impacts on the NRAs and the ecological functions provided on the property. At a minimum, the following approaches must be considered:
(1) The techniques described in § 17.5.035A.;
(2) Multi-story construction;
(3) Minimizing
and
footprint;
(4) Maximizing the use of native landscaping materials; and
(5) Minimal excavation foundation systems (e.g., pier, post or piling foundation).
iv. Determination of the alternative that best meets the applicable approval criteria and identification of significant detrimental impacts that is unavoidable.
Ecological Function | Landscape features providing functional values |
Ecological Function | Landscape features providing functional values |
Microclimate and shade | Forest or woody within 100 feet of a stream; a wetland1; or a area2 |
Streamflow moderation and water storage | A wetland or other water body3 with a hydrologic connection to a stream; or a area2 |
Bank stabilization, sediment and pollution control | All within 50 feet of a surface stream; Forest , woody or low /open soils within 100 feet of a stream or a wetland; or forest , woody or low /open soils within a area; and Forest , woody or low /open soils within 100-200 feet of a stream if the is greater than 25% |
Large wood and channel dynamics | Forest within 150 feet of a stream or wetland; or within a area; and the channel migration zone is defined by the , but where there is no mapped a default of 50 feet is established to allow for the channel migration zone |
Organic material sources | Forest or woody within 100 feet of a stream or wetland; or within a area |
1. Refers to “hydrologically-connected ,” which are located partially or wholly within one-fourth mile of a surface stream or area. 2. Developed are not identified as NRAs because they do not provide primary ecological functional value. 3. “Other water body” could include lakes, ponds, reservoirs or manmade water feature that is not a water quality facility or farm pond. | |
b.
Plan. The purpose of a
plan is to compensate for unavoidable significant detrimental impacts to ecological functions that result from the chosen
alternative as identified in the impact evaluation. However, when
occurs within delineated
, then the
required under § 17.5.040D.2.d. shall not require any additional
than the
required by state and federal law for the fill or removal of such
.
i. An
may choose to develop a
plan consistent with the requirements of § 17.5.035D. If an
so chooses, then the
shall submit a
plan demonstrating such compliance.
ii. If an
chooses to develop an alternative
plan that would not comply with the requirements of § 17.5.035D., including, for example, a proposal to create an alternative plant community type such as an oak savannah or a low-
plant community, or where an
demonstrates that a portion of identified NRA on its property provides only impaired ecological functions, then the
shall submit a
plan that includes all of the following:
(1) An explanation of how the proposed
will adequately compensate for the impacts to ecological functions described in the impact evaluation required by § 17.5.040D.1.a. The
may use the
that would be required under § 17.5.035D. as the baseline
required to compensate for disturbance to a NRA that provides an average level of ecological functions. Such explanation shall include:
(b) A
showing where the specific
activities will occur and the numbers and sizes of
and shrubs that the
proposes to plant; and
(c) A discussion of plant diversity, plant spacing,
preparation including removal of invasive and noxious
and soil additives, planting season and immediate post-planting care including mulching, irrigation, wildlife protection and weed control.
(2) Documentation of coordination with appropriate local, regional, special district, state and federal regulatory agencies.
(3) A list of all responsible
.
(4) The
’s
monitoring and reporting plan.
(5) If the proposed
will not be conducted on-
, the
shall submit a map and accompanying narrative that details the following:
(a) The number of
and shrubs that can be planted on-
;
(b) The on-
location where those
and shrubs can be planted;
(c) An explanation of why it is not practicable for the remainder of the
to occur on-
; and
(d) The proposed location for off-
and documentation that the
can carry out and ensure the success of the
, including documentation that the
possesses legal authority to conduct and maintain the
, such as having a sufficient ownership interest in the
, and, if the
is not within a NRA, documentation that the
will be protected after the monitoring period expires, such as through the use of a restrictive covenant.
(6) If the
area is off-
and not within the same subwatershed (6th Field Hydrologic Unit Code) as the related disturbed NRA, the
shall submit an explanation of why it is not practicable to conduct the
within the same subwatershed and of why and how, considering the purpose of the
, the
will provide more ecological functional value if implemented outside of the subwatershed.
(7) An implementation schedule, including timeline for construction,
,
maintenance, monitoring, reporting and a contingency plan. If the
is proposing any in-stream work in fish-bearing streams as part of the
project, then the
shall submit documentation that such work will be done in accordance with the Oregon Department of Fish and Wildlife in-stream work timing schedule.
c. The Impact Evaluation and Alternatives Analysis required by § 17.5.040D.1.a. and the
Plan required by § 17.5.040D.1.b. shall be prepared and signed by either: (A) a knowledgeable and qualified natural resource professional, such as a wildlife biologist, botanist or hydrologist; or (B) a civil or environmental engineer registered in Oregon to design public sanitary or storm systems, stormwater facilities or other similar facilities. The
shall include a description of the qualifications and experience of all
that contributed to the Impact Evaluation and Alternatives Analysis and to the
Plan, and, for each
that contributed, a description of the elements of such reports to which the
contributed.
2. Approval criteria.
b. Avoid. An shall first avoid the intrusion of into the NRA to the extent practicable. The that is proposed must have less detrimental impact to NRAs than other practicable alternatives, including significantly different practicable alternatives that propose less within NRAs. If there is more than one type of NRA on a property then the shall first avoid the intrusion of into the higher-valued NRA, to the extent practicable, and the that is proposed must have less detrimental impact to the higher-valued NRAs than other practicable alternatives. To avoid in NRAs, and to the extent practicable, shall use the approaches described in § 17.5.040D.1.a.iii.
c. Minimize. If the demonstrates that there is no practicable alternative that will not avoid disturbance of the NRA, then the proposed by the within the NRA shall minimize detrimental impacts to the extent practicable. If there is more than one type of NRA on a property then the within higher-valued NRAs shall be considered more detrimental than within lower-valued NRAs.
i.
must minimize detrimental impacts to ecological functions and loss of habitat consistent with uses allowed by right under the base zone, to the extent practicable;
ii. To the extent practicable within the NRA, the proposed
shall be designed, located and constructed to:
A. Minimize grading, removal of native
and disturbance and removal of native soils by using the approaches described in § 17.5.035B.2., reducing
footprints, and using minimal excavation foundation systems (e.g., pier, post or piling foundation);
B. Minimize adverse hydrological impacts on water resources such as by using the techniques described in Part (a) of Table 8-1 in § 17.8.355, unless their
is prohibited by an applicable and required State or Federal permit issued to a unit of local government having jurisdiction in the area, such as a permit required under the federal Clean Water Act, 33 U.S.C. §§1251 et seq., or the Federal Safe Drinking Water Act, 42 U.S.C. §§300f et seq., and including conditions or plans required by such permit;
d. Mitigate. If the demonstrates that there is no practicable alternative that will not avoid disturbance of the NRA, then must mitigate for adverse impacts to the NRA. All proposed plans must meet the following standards.
i. The
plan shall demonstrate that it compensates for detrimental impacts to ecological functions provided by NRAs, after taking into consideration the
efforts to minimize such detrimental impacts through the use of the techniques described in Table 8-1 in § 17.8.355 and through any additional or innovative techniques. A
plan that requires the amount of planting that would be required under § 17.5.035D. based on the amount of proposed disturbance area within the NRA, and that otherwise complies with all of the
requirements in §§ 17.5.035D., shall be considered to have satisfied the requirements of § 17.5.040D.2.d.
ii.
shall occur on the
of the disturbance, to the extent practicable. Off-
shall be approved if the
has demonstrated that it is not practicable to complete the
on-
and that the
has documented that it can carry out and ensure the success of the off-
, as described in § 17.5.040B.1.b.iii. In addition, if the off-
area is not within the same subwatershed (6th Field Hydrologic Unit Code) as the related disturbed NRA, the
shall demonstrate that it is not practicable to complete the
within the same subwatershed and that, considering the purpose of the
, the
will provide more ecological functional value if implemented outside of the subwatershed.
shall not be allowed outside of the Metro jurisdictional boundary.
iii. All re-
plantings shall be with native plants listed on the Metro Native Plan List.
iv. All in-stream work in fish-bearing streams shall be done in accordance with the Oregon Department of Fish and Wildlife instream work-timing schedule.
v. A
maintenance plan shall be included and shall be sufficient to ensure the success of the planting, and compliance with the plan shall be a condition of
approval.
e. Municipal water utility facilities standards. Except as provided within this subsection, in addition to all other requirements of § 17.5.040D.2., municipal potable water, stormwater (drainage) and wastewater utility facilities may be built, expanded, repaired, maintained, reconfigured, rehabilitated, replaced or upsized if not exempted in § 17.5.015. These facilities may include but are not limited to water treatment plants, wastewater treatment plants, raw water intakes, pump stations, transmission mains, conduits or service lines, terminal storage reservoirs, and outfall devices provided that:
i. Such projects shall not have to comply with the requirements of § 17.5.040D.2.b., provided that, where practicable, the project does not encroach closer to a water feature than existing operations and
, or for new projects where there are no existing operations or
, that the project does not encroach closer to a water feature than practicable;
ii. Best management practices will be employed that accomplish the following:
(1) Account for watershed assessment information in project design;
(2) Minimize the trench area and
removal within the NRA;
(3) Utilize and maintain erosion controls until other
stabilization measures are established, post-construction;
(4) Replant immediately after backfilling or as soon as effective;
(5) Preserve wetland soils and retain soil profiles;
(6) Minimize compactions and the duration of the work within the NRA;
(7) Complete in-water construction during appropriate seasons, or as approved within requisite federal or state permits;
(8) Monitor water quality during the construction phases, if applicable; and
(9) Implement a full inspection and monitoring program during and after project completion, if applicable.
(Ord. 2009-01, passed 3-9-2009)