§ 17.5.050 MAP ADMINISTRATION AND NRA VERIFICATION.

   A.   Exempt development . Development that is outside of any NRA and no closer than 100 feet to the border of an NRA (including all impervious surfaces and landscaping), based on the NRA map, may proceed without having to comply with this section or any other portion of this Code except for § 17.5.030, Construction Management Plan.

   B.   Verification of the location of NRAs as described in this section shall not be considered a comprehensive plan or zoning amendment .

   C.   Map verification is available to correct for mistakes in the location of NRAs on properties. Map verification shall not be used to dispute whether identified NRAs provide the ecological functions that they are assumed to provide based on the ecological criteria used to identify them. If an applicant believes that a properly identified NRA does not provide the ecological functions that it has been identified as providing, then the applicant may use the discretionary review process to decrease its mitigation responsibilities for disturbing such an area.

   D.   Except for applicants seeking approval to undertake any exempt activities or conditioned uses described in § 17.5.015, the map verification requirements described in this § 17.5.050 shall be met at the time an applicant requests a building permit , grading permit, tree removal permit, land division approval, or some other land use decision. A property owner, or another person with the property owner’s consent, may request to verify the location of NRAs on a real property lot or parcel pursuant to this § 17.5.050 at other times, but whether the city processes such request shall be at the Community Development Director ’s sole discretion, based on staff availability, funding resources and policy priorities. If a person receives verification separate from a simultaneous request for a building permit , grading permit, tree removal permit, land division approval or some other land use decision, then the person may use the verification to satisfy the requirements of this section at any time up until five years after the date the verification was issued.

   E.   Notwithstanding any other provisions of this § 17.5.050, 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.

   F.   Basic verification approaches. The basic verification approaches described in § 17.5.050F.1. through 3. are available for applicants who believe either: (A) that the NRA map is accurate; (B) that there is a simple incongruity between the NRA map and the boundary lot lines of a property; or (C) that the property was developed prior to March 9, 2009.

      1.   Applicant believes NRA map is accurate. An applicant who believes that the NRA map is accurate may comply with § 17.5.050F.1. The applicant shall submit the following information regarding the real property lot or parcel:

         a.   A detailed property description;

         b.   A copy of the applicable NRA map;

         c.   A summer 2005 aerial photograph of the property, with lot lines shown, at a scale of at least one map inch equal to 50 feet for lots of 20,000 or fewer square feet, and a scale of one map inch equal to 100 feet for larger lots (available from the Metro Data Resource Center, 600 NE Grand Avenue, Portland, Oregon 97232; 503-797-1742);

         d.   The information required to be submitted under §§ 17.5.035 or 17.5.040 if the applicant proposes development within any NRA under those provisions; and

         e.   Any other information that the applicant wishes to provide to support the assertion that the NRA map is accurate.

      2.   Obvious misalignment between mapped habitat and property lot lines . In some cases, the mapped vegetative cover layer in the GIS database might not align precisely with the tax lot layer that shows property lines, resulting in a NRA map that is also misaligned with tax lot lines . An applicant who believes that the NRA map is inaccurate based on such an obvious misalignment may comply with this § 17.5.050F.2. The applicant shall submit the following information regarding the real property lot or parcel:

         a.   The information described in §§ 17.5.050F.1.a. through d.; and

         b.   A documented demonstration of the misalignment between the NRA map and the property’s tax lot boundary lines. For example, an applicant could compare the boundary lot lines shown for roads within 500 feet of a property with the location of such roads as viewed on the aerial photograph of the area surrounding a property to provide evidence of the scale and amount of incongruity between the NRA maps and the property lot lines , and the amount of adjustment that would be appropriate to accurately depict habitat on the property.

      3.   Property developed between Summer 2002 and January 5, 2006. Where a property was developed between the summer of 2002 (when the aerial photo used to determine the regional habitat inventory was taken) and January 5, 2006, the applicant shall submit the following information regarding the real property lot or parcel:

         a.   The information described in §§ 17.5.050F.1.a. through d.;

         b.   A summer 2002 aerial photograph of the property, with lot lines shown, at a scale of at least one map inch equal to 50 feet for lots of 20,000 or fewer square feet, and a scale of one map inch equal to 100 feet for larger lots (available from the Metro Data Resource Center, 600 NE Grand Avenue, Portland, Oregon 97232; 503-797-1742);

         c.   Any approved building permits or other development plans and drawings related to the development of the property that took place between summer 2002 and January 5, 2006; and

         d.   A clear explanation and documentation, such as supporting maps or drawings or an more recent aerial photograph, indicating the new development that has occurred and where previously identified habitat no longer exists because it is now part of a developed area.

      4.   Decision process. The Community Development Director ’s map verification decision made pursuant to this § 17.5.050F. may be an administrative decision. The Director ’s decision shall be based on consideration of the information submitted by the applicant , any information collected during a site visit to the lot or parcel, any information generated by prior map verifications that have occurred on adjacent properties, and any other objective factual information that has been provided to the Director .

   G.   Detailed verification approach. All applicants who believe that the NRA map is inaccurate for a reason other than as described in §§ 17.5.050F.2. and 3. may file a verification request consistent with this § 17.5.050G.

      1.   Application requirements. The applicant shall submit a report 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. Such report shall include:

         a.   A description of the qualifications and experience of all persons that contributed to the report, and, for each person that contributed, a description of the elements of the analysis to which the person contributed;

         b.   The information described in §§ 17.5.050F.1.a. through e.;

         c.   The information described in §§ 17.5.050F.2.b. and 17.5.050F.3.b. through d., if the applicant believes such information is relevant to the verification of habitat location on the subject lot or parcel;

         d.   Additional aerial photographs if the applicant believes they provide better information regarding the property, including documentation of the date and process used to take the photos and an expert’s interpretation of the additional information they provide;

         e.   A map showing the topography of the property shown by contour lines of two-foot intervals for slopes less than 15% and by ten-foot intervals for slopes 15% or greater; and

         f.   Any additional information necessary to address each of the verification criteria in § 17.5.050G.4., a description of where any NRAs are located on the property based on the application of the verification criteria in § 17.5.050G.4., and factual documentation to support the analysis.

      2.   Notice requirements. Upon receipt of a completed application pursuant to this § 17.5.050G., the Community Development Director shall provide notice of the map verification application to Metro, to the owners of record of property on the most recent property tax assessment roll where such property is located within 300 feet of the subject property, to any neighborhood or community planning organization recognized by the governing body and whose boundaries include the property, and to any watershed council recognized by the Oregon Watershed Enhancement Board and whose boundaries include the property. The notice provided by the jurisdiction shall comply with the notice requirements of O.R.S. 197.763. The Community Development Director shall accept written public comments regarding the matter during a public comment period.

      3.   Decision process. The Community Development Director shall apply the verification criteria in § 17.5.050G.4. to confirm the location of any NRAs based on the NRA map, the information submitted by the applicant , any information received during the public comment period, and any additional information readily available, including information collected during a site visit to the lot or parcel. The applicant and all persons that submitted written comments shall be provided with a written explanation of the Community Development Director ’s decision.

      4.   Verification criteria. The verification of the location of NRAs shall be according to the four-step process described in this § 17.5.050G.4. A verification application shall not be considered complete and shall not be granted unless all the information required to be submitted with the verification application has been received.

         a.   Step 1. Verifying boundaries of inventoried riparian habitat. Locating habitat and determining its riparian habitat class is a four-step process:

            i.   Locate the Water Feature that is the basis for identifying riparian habitat.

               (1)   Locate the top of bank of all streams, rivers and open water within 200 feet of the property.

               (2)   Locate all flood areas within 100 feet of the property.

               (3)   Locate all wetlands within 150 feet of the property based on the Local Wetland Inventory map (if completed) and on the Metro 2002 Wetland Inventory Map (available from the Metro Data Resource Center, 600 NE Grand Avenue, Portland, Oregon 97232). Identified wetlands shall be further delineated consistent with methods currently accepted by the Oregon Division of State Lands and the U.S. Army Corps of Engineers.

            ii.   Identify the vegetative cover status of all areas on the property that are within 200 feet of the top of bank of streams, rivers and open water, are wetlands or are within 150 feet of wetlands , and are flood areas and within 100 feet of flood areas.

               (1)   Vegetative cover status shall be as identified on the Metro Vegetative Cover Map (available from the Metro Data Resource Center, 600 NE Grand Avenue, Portland, Oregon 97232).

               (2)   The vegetative cover status of a property may be adjusted only if (1) the property was developed prior to the time the regional program was approved (see § 17.5.050F.3. above), or (2) an error was made at the time the vegetative cover status was determined. To assert the latter type of error, applicants shall submit an analysis of the vegetative cover on their property using summer 2002 aerial photographs and the definitions of the different vegetative cover types provided in §§ 17.12.200 et seq.

            iii. Determine whether the degree that the land slopes upward from all streams, rivers and open water within 200 feet of the property is greater than or less than 25% (using the methodology as described in Chapter 3 of CWS Design and Construction Standards; and

            iv.   Identify the riparian habitat classes applicable to all areas on the property using Table 5-6 and the data identified in §§ 17.5.050G.4.a.i. through iii.

         b.   Step 2. Verifying boundaries of inventoried upland habitat in future urban growth boundary expansion areas. Upland habitat was identified based on the existence of contiguous patches of forest canopy , with limited canopy openings. The “forest canopy ” designation is made based on analysis of aerial photographs, as part of determining the vegetative cover status of land within the region. Upland habitat shall be as identified on the NRA map unless corrected as provided in this subsection.

            i.   Except as provided in § 17.5.050G.4.a.ii., vegetative cover status shall be as identified on the Metro Vegetative Cover Map used to inventory habitat at the time the area was brought within the urban growth boundary (available from the Metro Data Resource Center, 600 NE Grand Avenue, Portland, Oregon 97232).

            ii.   The only allowed corrections to the vegetative cover status of a property are as follows:

               A.   To correct errors made when the vegetative status of an area was determined based on analysis of the aerial photographs used to inventory the habitat at the time the area was brought within the urban growth boundary. For example, an area may have been identified as “forest canopy ” when it can be shown that such area has less than 60% canopy crown closure, and therefore should not have been identified as “forest canopy .” The perimeter of an area delineated as “forest canopy ” on the Metro Vegetative Cover Map may be adjusted to more precisely indicate the drip line of the trees within the canopied area provided that no areas providing greater than 60% canopy crown closure are de-classified from the “forest canopy ” designation. To assert such errors, applicants shall submit an analysis of the vegetative cover on their property using the aerial photographs that were used to inventory the habitat at the time the area was brought within the urban growth boundary and the definitions of the different vegetative cover types provided in §§ 17.12.200 et seq.; and

               B.   To remove tree orchards and Christmas tree farms from inventoried habitat; provided, however, that Christmas tree farms where the trees were planted prior to 1975 and have not been harvested for sale as Christmas trees shall not be removed from the habitat inventory.

            iii.   If the vegetative cover status of any area identified as upland habitat is corrected pursuant to § 17.5.050G.4.b.ii.1. to change the status of an area originally identified as “forest canopy ,” then such area shall not be considered upland habitat unless it remains part of a forest canopy opening less than one acre in area completely surrounding by an area of contiguous forest canopy .

Table 5-6 Method for Locating Boundaries of Class I and II Riparian Areas
Distance in Feet from Water Feature	Development/Vegetation Status1
	Developed Areas Not Providing Vegetative Cover	Low Structure Vegetation or Open Soils	Woody Vegetation (Shrub and Scattered Forest Canopy )	Forest Canopy (Closed to Open Forest Canopy )
Surface Streams
0-50	Class II	Class I	Class I	Class I
50-100		Class II 2	Class I	Class I
100-150		Class II 2 if slope>25%	Class II 2 if slope>25%	Class II 2
150-200		Class II 2 if slope>25%	Class II 2 if slope>25%	Class II 2 if slope>25%
Wetlands (Wetland feature itself is a Class I Riparian Area)
0-100		Class II 2	Class I	Class I
100-150				Class II 2
Flood Areas (Undeveloped portion of flood area is a Class I Riparian Area)
0-100			Class II 2	Class II 2
1. The vegetative cover type assigned to any particular area was based on two factors: the type of vegetation observed in aerial photographs and the size of the overall contiguous area of vegetative cover to which a particular piece of vegetation belonged. As an example of how the categories were assigned, in order to qualify as “forest canopy” the forested area had to be part of a larger patch of forest of at least one acre in size.
2. Areas that have been identified as habitats of concern, as designated on the Metro Habitats of Concern Map (on file in the Metro Council office), shall be treated as Class I riparian habitat areas in all cases, subject to the provision of additional information that establishes that they do not meet the criteria used to identify habitats of concern as described in Metro’s Technical Report for Fish and Wildlife. Examples of habitats of concern include: Oregon white oak woodlands, bottomland hardwood forests, wetlands , native grasslands, riverine islands or deltas, and important wildlife migration corridors.

 

(Ord. 2009-01, passed 3-9-2009)