HomeMy WebLinkAbout3000 18.63 Water Resource Protection Zones
ORDINANCE NO. #5000
AN ORDINANCE AMENDING THE ASHLAND LAND USE ORDINANCE
CREATING A NEW CHAPTER 18.63 WATER RESOURCE PROTECTION ZONES.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition
thereto, shall possess all powers hereinafter specifically granted. All the authority
thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293;
531 P 2d 730, 734 (1975); and
WHEREAS, the City of Ashland Planning Commission considered the above-referenced
recommended amendments to the Ashland Municipal Code at a duly advertised public hearing
on November 6, 2008 and following deliberations recommended approval of the amendments;
and
WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing
on the above-referenced amendments on April 21, 2009, and on several additional public
hearing continuance dates; and
WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and
record, deliberated and conducted first and second readings approving adoption of the
Ordinance in accordance with Article 10 of the Ashland City Charter; and
WHEREAS, the City Council of the City of Ashland has determined that in order to protect and
benefit the health, safety and welfare of existing and future residents of the City, it is necessary
to amend the Ashland Land Use Ordinance in manner proposed, that an adequate factual base
exists for the amendments, the amendments are consistent with the comprehensive plan and
that such amendments are fully supported by the record of this proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are incorporated herein by this
reference.
SECTION 2. A new Chapter 18.63 of the Ashland Municipal Code [WATER RESOURCES
PROTECTION ZONES] set forth in full codified form on the attached Exhibit A and made a part
hereof by this reference, is hereby added to the Ashland Municipal Code.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall
not affect the validity of the remaining sections, subsections, paragraphs and clauses.
Page 1 of 2
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", or another word, and
the sections of this Ordinance may be renumbered, or re-lettered, provided however that any
Whereas clauses and boilerplate provisions (i.e. Sections 1, 3-4) need not be codified and the
City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in acwdance ith icle X,
Section 2(C) of the City Charter on the !7 day of /!0?J, 2009,
and duly PASSED and ADOPTED this I& day of 2009.
4 Xe;
Barbara M. Christensen, City
SIGNED and APPROVED this 45--day of /25e6-00441, 2009.
er__
4- , •1-omberg, Mayor
Page 2 of 2
Reviewed as to form:
Exhibit A.
Chapter 18.63
WATER RESOURCE PROTECTION ZONES
SECTIONS:
18.63.010 Purpose and Intent
18.63.020 Where Regulations Apply
18.63.030 Definitions
18.63.040 Inventory of Ashland's Water Resources
18.63.050 Establishment of Water Resource Protection Zones
18.63.060 Activities and Uses Exempt from These Regulations
18.63.070 Limited Activities and Uses within Water Resource Protection Zones
18.63.080 Water Resource Protection Zones Reductions
18.63.090 Hardship Variances
18.63.100 Approval Standards for Land Divisions and Property Line Adjustments within
Water Resource Protection Zones
18.63.110 Plan Requirements
18.63.120 Mitigation Requirements
18.63.130 Map Errors and Adjustments
18.62.140 Enforcement and Penalties
18.63.010 Purpose and Intent
The purpose and intent of this chapter are:
A. To implement state and federal law with respect to the protection of clean water, pollution
control and preservation of endangered species.
B. To protect Ashland's Goal 5 significant wetlands and riparian areas, thereby protecting and
restoring the hydrologic, ecologic and land conservation functions these areas provide for the
community.
C. To implement the provisions of Statewide Planning Goals 6 and 7, which require the buffering
and separation of those land uses and activities that lead to or may create impacts on water
quality, as well as to reduce the risk to people and property resulting from the inappropriate
management of wetland and riparian areas.
D. To implement the goals and policies of the Environmental Resources chapter of Ashland's
Comprehensive Plan with respect to water resources, wetlands, floodplains and stream flooding.
E. To reduce flood damage and potential loss of life in areas subject to periodic flooding.
F. To better manage storm water drainage, minimize maintenance costs, protect properties
adjacent to drainage ways, improve water quality, protect riparian and aquatic fish and wildlife
habitat and provide opportunities for trail connections.
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G. To protect water associated with Ashland's hydrology for human uses, fish and wildlife and
their habitats.
H. To control erosion and limit sedimentation.
I, To protect the amenity values and educational opportunities of Ashland's wetlands, water bodies
and associated riparian areas as community assets.
J. To improve public appreciation and understanding of wetlands and riparian areas for their
unique ecosystem structure and functions and for the human-nature interactions they provide.
K. To improve and promote coordination among local, state, and federal agencies regarding
development activities near Ashland's wetlands, water bodies and associated riparian areas.
L. In cases of hardship, to provide a procedure to alter wetlands and riparian areas only when
offset by appropriate mitigation, as stipulated in the ordinance and other applicable state and
federal requirements.
18.63.020 Where Regulations Apply
A. The provisions of this chapter apply to all lands containing Water Resources and Water
Resource Protection Zones. Water Resources and Water Resource Protection Zones are defined,
established and protected in this chapter.
B. State and federal wetland and riparian regulations will continue to apply within the City of
Ashland, regardless of whether or not these areas are mapped on Ashland's Water Resources
Map. Nothing in this chapter shall be interpreted as superseding or nullifying state or federal
requirements. Additionally, the City of Ashland shall provide notification to the Oregon Department
of State Lands (DSL), as required by Division 23 of Oregon Administrative Rules, for all
applications concerning development permits or other land use decisions affecting wetlands on
the inventory.
C. The burden is on the property owner to demonstrate that the requirements of this chapter are
met or are not applicable to development activity or other proposed use or alteration of land. The
Staff Advisor may make a determination based on the Water Resources Map, field check, and any
other relevant maps, site plans and information that a Water Resource or Water Resource
Protection Zone is not located on a particular site or is not impacted by proposed development,
activities or uses. In cases where the location of the Water Resource or Water Resource
Protection Zone is unclear or disputed, the Staff Advisor may require a survey, delineation
prepared by a natural resource professional, or a sworn statement from a natural resource
professional that no Water Resources or Water Resource Protection Zones exist on the site.
D. All Water Resource Protection Zones shall be protected from alteration and development,
except as specifically provided in this chapter. No person or entity shall alter or allow to be altered
any real property designated as a Water Resource Protection Zone, except as set forth in an
exemption, approved planning application or permit authorized in this chapter. No person or entity
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shall use or allow to be used, property designated as a Water Resource Protection Zone, except
as set forth in an exemption, approved planning application or permit authorized in this chapter.
E. Where this chapter and any other ordinance, easement, covenant or deed restriction conflict or
overlap, whichever imposes the more stringent restrictions shall prevail. It is likely that there will
be some overlap between the'regulations in this chapter and those in Chapter 18.62 Physical and
Environmental Constraints, which regulates development in physical constrained areas including
floodplains. Where two regulations are in conflict, the most stringent shall govern.
18.63.030 Definitions
Alter or Alteration - means any human-induced physical change to the existing condition of land
or improvements thereon including but not limited to clearing, grubbing, draining, removal of
vegetation (chemical or otherwise), excavation, grading, placement of fill material, placement of
structures or impervious surfaces or other construction. "Permit to be altered" means allowing or
failing to prevent the alteration.
Approval Authority — the Staff Advisor, Planning Commission or its Hearings Board, Hearings
Officer, or City Council as determined by the applicable procedural requirements.
Bank Full Stage - means the two year recurrence interval flood elevation.
Centerline of Stream — an imaginary line that is in the midpoint of the stream channel. in cases
where a stream has multiple or braided channels, the centerline of stream is the midpoint between
the outermost or upland sides of the stream channels (Figure 1).
Figure 1: Centerline of Stream
Clearing - means the removal, redistribution or disturbance of vegetation, soil or substrate that
may include trees, brush, grass, ground cover, or other vegetative matter from a site.
Drainage Ditch or Channels include:
1. Roadside ditches that carry only storm water runoff from the adjacent road and the
immediate surrounding area. (Drainage ditches do not include historically altered
streams or channels that convey surface water flows. These features are still classified
as streams for the purpose of this ordinance.)
2. Constructed channels designed as part of the storm water infrastructure and drain
directly from storm water facilities or storm pipe systems.
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Enhancement - means actions performed to improve the condition or functions and values of a
Water Resource and its associated Protection Zone. Enhancement actions include but are not
limited to increasing plant diversity, increasing fish and wildlife habitat, installing environmentally
compatible erosion controls, and removing invasive plant species.
Fill Material - means a deposit of earth or other natural or manmade material placed by artificial
means.
Filling - means the act of placing fill material in any amount, including the temporary stockpiling of
fill material.
Fish Bearing or Fish Habitat - means inhabited at any time of the year by anadromous or game
fish species or fish that are listed as threatened or endangered species under the state or federal
endangered species acts. Fish use is determined from Oregon Department of Forestry Stream
Classification, Oregon Department of Fish and Wildlife and Oregon Department of State Lands
maps for salmonid fish distribution.
Hand-held Equipment or Machinery - means equipment or machinery held in and operated by
hand. Hand-held equipment or machinery includes but is not limited to manual tools, weed eaters,
chainsaws, and equipment or machinery with wheels and a weight of 100 pounds or less such as
push lawn mowers and brush mowers. For the purposes of this ordinance, equipment or
machinery with wheels and a weight in excess of 100 pounds is not considered hand-held
equipment or machinery.
Impervious Surface — means surface materials which prevent the normal infiltration of storm
water into the ground.
Lawn - means grass or similar materials maintained as a ground cover of less than six inches in
height. For purposes of this ordinance, lawn is not considered native vegetation regardless of the
species used.
Local Native Plant Species — means those plant species appropriate to planting in or adjacent to
a Water Resource that are native species indigenous to the Rogue River Basin. Local native plant
species are adapted to the elevation, weather, soils and hydrology of the area; will support the
desired structure, functions, and values of the water resource; and once established require
significantly less maintenance than non-native species. The City of Ashland Planning Division
maintains a list of recognized site-appropriate local native plant species for both wetland and
stream bank water resource applications, along with a list of known local suppliers. Plants may be
added to or removed from the Local Native Plant List if reviewed and approved by the Staff
Advisor in consultation with the City Horticulturist, Tree Commission, other professional groups
with demonstrable expertise ánd local, state and federal agencies.
Mitigation - means taking one or more of the following actions listed in order of priority:
1. Avoiding the impact altogether by not taking a certain development action or parts of that
action.
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2. Minimizing impacts by limiting the degree or magnitude of the development action and its
implementation.
3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment.
4. Reducing or eliminating the impact over time by preservation and maintenance operations
during the life of the development action by monitoring and taking appropriate corrective
measures.
5. Compensating for the impact by replacing or providing comparable substitute resources or
environments.
Mitigation Plan - means a plan that outlines the activities that will be undertaken to alleviate
project impacts to sensitive areas.
Natural Resources Professional — a "natural resources professional" includes individuals who
have a Bachelors degree, or the equivalent or greater, in the field of natural resources, biology,
ecology, or related fields, and at least four years of relevant post graduate experience.
Non-native Species - means a plant species which is not indigenous to the local area.
Noxious and Invasive Vegetation — means plant species which are recognized as having a
significant potential to disrupt the functions and values of local Water Resource ecosystems. The
City of Ashland Planning Division maintains a list of recognized noxious and invasive plants.
Plants may be added to or removed from the Prohibited Plant List if reviewed and approved by the
Staff Advisor in consultation with the City Horticulturist, Tree Commission, other professional
groups with demonstrable expertise and local, state and federal agencies.
Power-assisted Equipment or Machinery - means equipment or machinery other than hand-
held equipment or machinery. For the purposes of this ordinance, equipment or machinery with
wheels and a weight in excess of 100 pounds is considered power-assisted equipment or
machinery.
Principal Building — a building in which the principal use of the zoning district in which it is
located is conducted.
Restoration - means efforts performed to re-establish the functional values and characteristics of
a critical area that have been destroyed or degraded by past alterations such as filling, grading or
draining.
Riparian Area — means the area adjacent to a stream, consisting of the area of transition from an
aquatic ecosystem to a terrestrial ecosystem, which affects or is directly affected by the stream.
Riparian Buffer — an area located adjacent to the stream and including the riparian area that is
preserved for the purpose of protecting the functions and values of the stream and the riparian
area by serving to reduce the adverse effects of adjacent land uses.
Riparian Corridor - "Riparian Corridor" is a Goal 5 resource that includes the water areas, fish
habitat, adjacent riparian areas, and wetlands within the riparian area boundary. A Riparian
Corridor is a type of Stream Bank Protection Zone.
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Stream — a stream means a channel such as a creek that carries flowing surface water, including
perennial, intermittent and ephemeral streams with defined channels, and excluding man-made
irrigation and drainage channels. Drainage channels do not include historically altered streams or
channels that convey surface water flows. A stream is a type of Water Resource.
Stream, Ephemeral - an ephemeral stream generally flows only during and following a rain event.
Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of
water for stream flow. Intermittent and Ephemeral Streams is a type of Stream Bank Protection
Zone.
Stream, Intermittent - an intermittent stream generally flows only during part of the year, when
groundwater provides water for stream flow. During dry periods, intermittent streams may not have
flowing water. Runoff from rainfall is a supplemental source of water for stream flow. Intermittent
and Ephemeral Streams is a type of Stream Bank Protection Zone.
Stream, Perennial - a perennial stream has flowing water year-round during a typical year.
Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemental
source of water for stream flow.
Stream, Local — Local Streams is a type of Stream Bank Protection Zone.
Stream Bank Protection Zone — an area subject to the provisions of this chapter which includes
a stream and an associated riparian buffer of varying width, as established herein, located
adjacent to the stream, and in which certain human activities are regulated in order to protect the
structure and functions of the stream. A Stream Bank Protection Zone is a type of Water
Resource Protection Zone. There are three types of Stream Bank Protection Zones defined,
established and protected in this chapter — Riparian Corridor, Local Streams and Intermittent and
Ephemeral Streams.
Stream Bank Protection Zone Boundary - an imaginary line that is measured horizontally at a
standard distance upland from the top of bank or from the center line of the stream as required in
section 18.63.050.
Stream Corridor Functions - include providing shade for the stream, stream bank and channel
stability, woody debris for the stream, sediment retention, litter for aquatic organisms in the
stream, water filtration, aquatic and riparian fish and wildlife habitat.
Top of Bank - means the elevation at which water overflows the natural banks of streams or other
waters of the state and begins to inundate upland areas. Physical characteristics that indicate the
elevation include a clear, natural line impressed on the shore, a change from bare soil to upland
vegetation (e.g. oak, fir, pine), a change in vegetation from riparian vegetation (e.g. willows, big
leaf maple, alders) to upland vegetation (e.g. oak, fir, pine), a textural change of depositional
sediment or changes in the character of the soil (e.g. from sand, sand and cobble, cobble and
gravel to upland soils), absence of fine debris (e.g. needles, leaves, cones and seeds):and the
presence of water-borne litter or debris, water-stained leaves or water lines on tree trunks (Figure
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2). In the absence of physical evidence or where the top of each bank is not clearly defined, the
two year recurrence interval flood elevation may be used to approximate the top of bank.
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Figure 2: Top of Bank
Upland — land not characterized by the presence of riparian area, water bodies or wetlands.
Water Resource - means a riparian, local, intermittent or ephemeral stream corridor or a wetland,
as distinguished from a riparian or wetland buffer, which extends upland from the Water Resource.
Water Resources Map — the adopted City of Ashland map which identifies the approximate
locations of Water Resources in Ashland including officially recognized streams and wetlands
identified on Ashland's Local Wetland Inventory.
Water Resource Protection Zone - an area subject to the provisions of this chapter which
includes a Water Resource and an associated buffer of varying width, as established herein,
located adjacent to the Water Resource and in which certain human activities are regulated in
order to protect the structure, functions and values of the resource. Water Resource Protection
Zone is a category including Stream Bank Protection Zones and Wetland Protection Zones, and is
used throughout this chapter to refer to Stream Bank Protection Zones and Wetland Protection
Zones.
Wetlands - means those areas that are inundated or saturated by surface or ground water at a
frequency or duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands are a type
of Water Resource.
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Wetlands, Locally Significant — means those wetlands identified on the Water Resources Map
and determined "significant wetlands" using the criteria adopted the Oregon Department of State
Lands (DSL). Locally Significant Wetlands is a type of Wetland Protection Zone.
Wetlands, Possible — means an area that appears to meet wetland criteria but is too small (less
than a half acre according to Oregon Department of State Lands (DSL) rules) to require its
inclusion in the Local Wetland Inventory. The Water Resources Map notes areas that are in the
Possible Wetland designation. However, there may be additional existing areas that meet the
DSL wetland criteria, but are not included on the Water Resources Map. Possible Wetlands is a
type of Wetland Protection Zone.
Wetland Boundary - means a line marked on a map or flagged in the field that identifies the
approximate wetland/non-wetland boundary.
Wetland Buffer — means an area extending away from the outer delineated wetland boundary or
upland edge that is preserved for the purpose of protecting the functions and values of the wetland
by serving to reduce the adverse effects of adjacent land uses.
Wetland Delineation - means a determination of wetland presence that includes marking the
wetland boundaries on the ground and/or on a detailed map prepared by professional land survey
or similar accurate methods.
Wetland Functions — include wildlife habitat, fish habitat, water quality and hydrological control.
Wetland Protection Zone — an area subject to the provisions of this chapter that includes all
wetlands determined to be Locally Significant and Possible Wetlands with confirmed jurisdictional
wetland presence, and an associated buffer area of varying width, as established herein, located
adjacent to the wetland, and in which certain human activities are regulated in order to protect the
structure and functions of the wetland. A
Wetland Protection Zone is a type of Water Resource
Protection Zone. There are two types of Wetland Protection Zones defined, established and
protected in this chapter — Locally Significant Wetlands and Possible Wetlands.
Wetland Protection Zone Boundary - an imaginary line that is measured horizontally at a
standard distance upland from the delineated wetland boundary as required in section 18.63.050.
Wetland Specialist — means an individual who has the appropriate credentials verifying proven
expertise and vocational experience conducting wetland delineations.
18.63.040 Inventory of Ashland's Water Resources
The approximate locations of Ashland's Water Resources are identified on official maps adopted
by the City of Ashland and added to the Comprehensive Plan through Ordinance 2419 (May
1987), Ordinance 2528 (July 1989) and Ordinance (December 2009). Because the
Comprehensive Plan maps are acknowledged to be approximate, the more precise wetland
boundaries can be mapped, staked and used for development review purposes without a
modification of the Comprehensive Plan maps.
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18.63.050 Establishment of Water Resource Protection Zones
A Water Resource Protection Zone is hereby established adjacent to and including all Water
Resources to protect their integrity, function and value. The boundaries of the following Water
Resource Protection Zones shall be established by an on-site survey based upon the following
standards.
A. Stream Bank Protection Zones. The following types of Stream Bank Protection Zones are
hereby established to protect streams and their associated riparian resources. The approximate
locations of streams are identified on the Water Resources Map.
1. Riparian Corridor — For streams classified as Riparian Corridor fish-bearing streams with
an annual average stream flow less than 1,000 cubic feet per second and on the Water
Resources Map, the Stream Bank Protection Zone shall include the stream, plus a riparian
buffer consisting of all lands within 50 feet upland from the top of bank (Figure 3).
riparian buffer
50 feet
Top of
Bank
riparian buffer
so feet
Stream Bank Protection Zone
Figure 3: Stream Bank Protection Zone for Riparian Corridor Streams
2. Local Streams — For streams classified as non-fish-bearing Local Streams and on the
Water Resources Map, the Stream Bank Protection Zone shall include the stream, plus a
riparian buffer consisting of all lands 40 feet from the centerline of the stream (Figure 4).
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riparian buffer
40 feet 40 feet
Centerline
Stream Bank Protection Zone .
Figure 4: Stream Bank Protection Zone for Local Streams
3. Intermittent and Ephemeral Streams — For streams classified as Intermittent and
Ephemeral Streams on the Water Resources Map, the Stream Bank Protection Zone shall
include the stream, plus a riparian buffer consisting of all lands within 30 feet from the
centerline of the stream (Figure 5).
riparian buffer
30 feet 30 feet
Centerline
Stream Bank Protection Zone
Figure 5: Stream Bank Protection Zone for Intermittent and Ephemeral Streams
4. Significant Wetland Presence - Where a Stream Bank Protection Zone includes all or part
of a significant wetland as identified on official maps adopted by the City of Ashland, the
distance to the Stream Bank Protection Zone boundary shall be measured from, and include,
the upland edge of the wetland.
5. Determination of Protection Zone - The measurement of the Stream Bank Protection
Zones shall be a horizontal distance from the top of bank or from the center line of the stream
as specified above. For streams that were piped or culverted prior to the effective date of this
chapter, the Stream Bank Protection Zones shall be reduced to half of the required width or
the width of any existing easement (e.g. drainageway easement), whichever is greater.
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B. Wetland Protection Zones. The following types of Wetland Protection Zones are hereby
established to protect wetland resources. The approximate locations of Locally Significant
Wetlands and Wetlands are identified on the Water Resources Map. The precise boundary of a
wetland and wetland buffer shall be established through conducting an on-site wetland delineation
and survey based upon the following standards.
1. Locally Significant Wetlands — For wetlands classified as Locally Significant on the Water
Resources Map, the Wetland Protection Zone shall consist of all lands identified to have a
wetland presence on the wetland delineation, plus a wetland buffer consisting of all lands
within 50 feet of the upland-wetland edge (Figure 6). A wetland delineation prepared by a
qualified wetland specialist shall be submitted to the City of Ashland that graphically
represents the location of wetlands on a site plan map in accordance with section
18.63.110.A.3. An average buffer width of 50 feet may be utilized around the perimeter of a
significant wetland upon submission of evidence and a detailed plan by a natural resources
professional demonstrating that equal or better protection of the functions and values of the
resource will be ensured, and that there will be an enhanced buffer treatment through the
implementation and maintenance of a restoration and enhancement plan within the buffer
area.
Protectì
et`aridoh
44.1/4 2D'
18
~~~
Wetland
Figure 6: Wetland Protection Zone for Locally Significant Wetlands
2. Possible Wetlands — For wetlands not classified as Locally Significant on the Water
Resources Map, the Wetland Protection Zone shall consist of all lands identified to have a
wetland presence on the wetland delineation, plus all lands within 20 feet of the upland-
wetland edge (Figure 7). Possible Wetlands includes all areas designated as such on the
Water Resources Map and any unmapped wetlands discovered on site. A wetland
delineation prepared by a qualified wetland specialist shall be submitted to the City of Ashland
that graphically represents the location of wetlands on a site plan map in accordance with
section 18.63.110.A.3. An average buffer width of 20 feet may be utilized around the
perimeter of a possible wetland upon submission of evidence and a detailed plan by a natural
resources professional demonstrating that equal or better protection of the functions and
values of the resource will be ensured. .
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tnd Protectiph
410/76".
Figure 7: Wetland Protection Zone for Possible Wetlands
3. Determination of Protection Zone - The measurement of the Wetland Protection Zone
shall be a horizontal distance from the upland-wetland edge as specified above.
18.63.060 Activities and Uses Exempt from These Regulations
A. Exempt Activities Within Water Resource Protection Zones. The following activities and
uses do not require a permit or authorization under this chapter to be conducted or to continue in a
Water Resource Protection Zone. Exempt activities and uses may qualify as development as
defined in section 18.62.030.E and may require a permit for development in Floodplain Corridor
Lands Chapter.
Vegetation Maintenance, Planting and Removal
a. Landscaping Maintenance. Continued maintenance of existing vegetation such
as landscaping, lawn, gardens and trees.
b. Lawn. Existing lawn within Water Resource Protection Zones may be maintained,
but existing lawn shall not be expanded and new lawn shall not be installed.
c. Tree Pruning. Maintenance pruning of existing trees shall be kept to a minimum
and shall be in accordance with the Tree Preservation and Protection Chapter 18.61.
Under no circumstances shall the maintenance pruning be so severe that it
compromises the tree's health, longevity, or resource functions (i.e. shade, soil
stability, erosion control, etc.) •
d. Non-native, Noxious and Invasive Vegetation Removal. Removal of non-native,
noxious and invasive vegetation, and replacement with local native plant species. The
act of removing non-native, noxious and invasive vegetation shall not result in the
removal of native vegetation. Local native plant species for both wetland and stream
bank applications are identified on the City of Ashland's Local Native Plant Species
List, and noxious and invasive vegetation approved for removal is identified on the
City of Ashland's Prohibited Plant List. Removal and mowing of blackberries shall
occur before May 1 or after July 31 to protect nesting birds.
e. Hazardous Tree Removal. Removal of a hazardous tree. A hazardous tree is a
tree that is physically damaged to the degree that it is likely to fall and injure persons
or property. A permit for Hazardous Tree Removal shall be processed under the
AMC Chapter 18.63 Water Resource Protection Zones Page 12
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procedures and approval criteria described in the Tree Preservation and Protection
Chapter 18.61.
f. In-channel Vegetation Removal. Removal of emergent in-channel vegetation that
is likely to cause flooding using non-invasive methods such as mowing or weed-
whacking that do not disturb the underlying substrate. Mechanized removal of
emergent in-channel vegetation that would involve associated removal of soil below
the ordinary high water line is not permitted and would otherwise be subject to state
and federal wetland permitting requirements.
g, Routine Planting. The planting of local native plant species or the replacement of
non-native, noxious and invasive plants with local native plant species. Local native
plant species for both wetland and stream bank applications are identified on the City
of Ashland's Local Native Plant Species List, and noxious and invasive vegetation
approved for removal is identified on the City of Ashland's Prohibited Plant List.
h. Use of Hand-held Equipment or Machinery. Use of hand-held equipment or
machinery for vegetation maintenance, planting and removal within Water Resource
Protection Zones.
i. Use of Power-assisted Equipment or Machinery. Use of power-assisted
equipment or machinery for vegetation maintenance, planting and removal within
Water Resource Protection Zones when soil disturbance and erosion are minimized
by all of the following measures.
I. Use of power-assisted equipment or machinery shall occur from May 1 to
October 31, and shall not occur during the remaining wet months of the year.
ii. The general topography of the Water Resource Protection Zone shall be
retained.
iii. Soil compaction from construction equipment shall be reduced by distributing
the weight of the equipment over a large area (e.g. laying lightweight geogrids,
mulch, chipped wood, plywood, OSB, metal plats or other materials capable of
weight distribution in the pathway of the equipment).
iv. Local native plant species shall not be damaged or removed.
v. Disturbed areas shall be replanted so that landscaping shall obtain 50%
coverage after one year and 90% after five years.
Building, Paving and Grading
a. Testing. Site investigative work with minimal surface area disturbance conducted
by or required by a city, county, state, or federal agency such as surveys, percolation
tests, soil borings or other similar tests.
b. Unpaved Trails. The establishment of unpaved trails and related educational
displays. Trail width shall not exceed 36 inches, stair width shall not exceed 50
inches, and trail grade shall not exceed 20% except for the portion of the trail
containing stairs. Trails in public parks may be up to 72 inches in width to
accommodate high pedestrian traffic areas. Trails construction within a delineated
wetland boundary shall be by permit in accordance with local, state and federal
permitting requirements and approved management plans.
c. Storm Water Treatment Facility Maintenance. Routine maintenance of storm
water treatment facilities such as detention ponds or sediment traps, vegetated
swales and constructed wetlands in order to maintain flow and prevent flooding when
conducted in accordance with local, state and federal permitting requirements and
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approved management plans. Multi-year maintenance plans for existing storm water
treatment facilities without previously approved management plans require a Limited
Activity and Use Permit in accordance with section 18.63.070.A.2.
3. Nonconforming Activities, Uses and Structures — An activity, use or structure legally
established prior to the adoption of this chapter, which would be prohibited by this chapter or
which would be subject to the limitations and controls imposed by this chapter shall be
considered a nonconforming activity, use or structure, and may continue subject to the
following provisions. •
a. Nonconforming Structures. Nonconforming structures within or partially within a
Water Resource Protection Zone may be maintained and used.
b. Expansion of Nonconforming Structures. Expansion of the footprint of a
nonconforming structure within or partially within a Water Resource Protection Zone if
the expansion of the footprint occurs outside the Water Resource Protection Zone
and additional surface area in the Water Resource Protection Zone is not disturbed.
Additional stories may be added to nonconforming structures if the existing building
footprint with the Water Resource Protection Zone is not changed in size or shape
and additional surface area in the Water Resource Protection Zone is not disturbed.
c. Replacement of Nonconforming Principal Buildings in Residential Zoning
Districts. Nonconforming principal buildings within or partially within a Water
Resource Protection Zone and located in residential zoning districts may be replaced
or rebuilt if the existing building footprint within the Water Resource Protection Zone is
not changed in size or shape and additional surface area in the Water Resource
Protection Zone is not disturbed. Repair and reconstruction of a nonconforming
structure under this section shall be in accordance with the requirements of the Flood
Damage Prevention Regulations Chapter 15.10.
d. Replacement of Nonconforming Structures in Non-Residential Zoning
Districts and Within Historic Districts. Nonconforming structures within or partially
within a Water Resource Protection Zone, located in a non-residential zoning district
and within a Historic District may be replaced or rebuilt if the existing building footprint
within the Water Resource Protection Zone is not changed in size or shape and
additional surface area in the Water Resource Protection Zone is not disturbed.
Repair and reconstruction of a nonconforming structure under this section shall be in
accordance with the requirements of the Flood Damage Prevention Regulations
Chapter 15.10.
e. Previously Approved Building Envelopes and Driveways. Previously approved
building envelopes and driveways within or partially within a Water Resource
Protection Zone may be built as originally approved and do not have to meet the
requirements of this chapter if the following conditions are met:
i. Building permits are approved and construction is commenced within 36 months
from the effective date of this ordinance.
ii. The building envelope or driveway location was established and received City
of Ashland Planning Division approval prior the effective date of this ordinance.
iii. The building envelope is located on a vacant lot.
iv. The building envelope is located on a lot which was created prior to the
effective date of this ordinance.
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v. The driveway will provide access to a lot which was created prior to the
effective date of this ordinance.
f. Exemptions for Historic Public Parks and Properties. Nonconforming activities,
landscaping, uses and structures included in Lithia Park, Blue Bird Park and Calle
Guanajuato and located in the Water Resource Protection Zone may be used,
maintained and replaced, but shall not be expanded or enlarged within the Water
Resource Protection Zone. Repair and reconstruction of a nonconforming structure
under this section shall be in accordance with the requirements of the Flood Damage
Prevention Regulations Chapter 15.10.
4. City Emergency Activities - Emergency repair authorized by the City Administrator or
his/her designee which must be undertaken immediately, or for which there is insufficient time
for full compliance with this chapter, in order to address at least one of the following.
a. Prevent an imminent threat to public health or safety.
b. Prevent imminent danger to public or private property.
c. Prevent an imminent threat of serious environment degradation.
B. Additional Exempt Activities and Uses within Stream Bank Protection Zones. In addition
to the Exempt Activities and Uses in section 18.63.060.A, the following activities and uses do not
require a permit or authorization under this chapter to be conducted or to continue in a Stream
Bank Protection Zone.
1. Fire Hazard Prevention — Cutting or thinning of vegetation for fire hazard prevention
provided that the cutting or thinning is the minimum necessary to alleviate the potential fire
hazard and is consistent with City standards for Wildfire Lands described in the Physical and
Environmental Constraints Chapter 18.62.
2. Stream Restoration and Enhancement — Stream restoration and enhancement projects
when all of the following are met.
a. The restoration and enhancement results in a net gain in stream bank corridor
functions.
b. The lot is in a residential zoning district and occupied only by a single-family
dwelling and accessory structures.
c. The property has not undergone stream restoration and enhancement work in the
past 12 months.
d. The restoration and enhancement project does not involve in-stream work.
e. The restoration and enhancement project may include minor earth moving activities
involving excavation or placement of up to five cubic yards of soil and earth-moving
activity disturbing a surface area of no more than 1,000 square feet.
3. Fences — Fences limited to open wire, electric or similar fence that will not collect debris or
obstruct flood waters, but not including wire mesh or chain link fencing, may be installed in the
upland half of the riparian buffer furthest away from the stream. Solid wood fencing is
prohibited in Water Resource Protection Zones. Fencing in a designated floodplain shall
conform to the requirements of section 18.62.070.K.
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4. Outdoor Patio Areas— Outdoor patio areas consisting of porous solid surfaces up to 150
square feet in size per lot, but not including decks, may be constructed in the upland half of
the riparian buffer furthest away from the stream.
5. Public Utility Maintenance and Replacement - Routine maintenance and replacement of
existing public utilities and irrigation pumps if work disturbs no more total surface area than
the area inside the public utility easement and up to an additional five percent surface area of
the public utility easement outside of the public utility easement.
6. Private Utility Maintenance and Replacement - Routine maintenance and replacement of
existing private utilities and irrigation pumps.
7. Driveway and Street Maintenance and Paving - Maintenance, paving and reconstruction
of existing public and private streets and driveways if work disturbs no more total surface area
than the area inside the street right-of-way or access easement and up to an additional five
percent surface area of the street right-of-way or access easement outside of the right-of-way
or easement. Public streets shall be located in public right-of-way or a public easement.
C. Additional Exempt Activities and Uses within Wetland Protection Zones. In addition to the
Exempt Activities and Uses in section 18.63.060.A, the following activities and uses do not require
a permit or authorization under this chapter to be conducted or to continue in a Wetland Protection
Zone.
1. Fire Hazard Prevention — Perimeter mowing or thinning of vegetation only within the
wetland buffer for fire hazard prevention provided that the mowing or thinning is the minimum
necessary to alleviate the potential fire hazard and is consistent with City standards for
Wildfire Lands described in the Physical and Environmental Constraints Chapter 18.62.
2. Fences — Fences limited to open wire, electric or similar fence that will not collect debris or
obstruct flood waters, but not including wire mesh or chain link fencing, may be installed in the
wetland buffer. Solid wood fencing is prohibited in Water Resource Protection Zones.
Fencing in a designated floodplain shall conform to the requirements of section 18.62.070.K.
18.63.070 Limited Activities and Uses within Water Resource Protection Zones
The following activities and uses within Water Resource Protection Zones are allowed under a
Type I land use procedure provided the activities or uses comply with the approval standards set
forth in section 18.63.070.D.
A. Limited Activities and Uses within Water Resource Protection Zones.
1. Use of Power-assisted Equipment or Machinery — Use of power-assisted equipment or
machinery for vegetation maintenance unless otherwise exempted in section 18.63.060.A.1.i.
2. Multi-year Maintenance Plans — Multi-year maintenance plans may be authorized as
follows for existing areas or storm water treatment facilities in Water Resource Protection
Zones which do not have a previously approved management plans.
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a. Publicly and Commonly Owned Properties. The routine restoration and
enhancement of publicly and commonly owned properties such as public parks and
private open spaces.
b. Storm Water Treatment Facilities. The ongoing routine maintenance of storm
water treatment facilities such as detention ponds or sediment traps, vegetated
swales and constructed wetlands in order to maintain flow and prevent flooding.
Routine maintenance of storm water treatment facilities in accordance with an
approved management plan is exempted as outline in section 18.63.060.A.2,c.
3. Building, Paving, and Grading Activities - Permanent alteration of Water Resource
Protection Zones by grading or by the placement of structures, fill or impervious surfaces may be
authorized as follows.
a. New Public.Access and Utilities. The location and construction of public streets,
bridges, trails, multi-use path connections and utilities deemed necessary to maintain
a functional system and upon finding that no other reasonable, alternate location
outside the Water Resource Protection Zone exists. This title, the Comprehensive
Plan, Transportation System Plan, adopted utility master plans and other adopted
documents shall guide this determination.
b. New Private Access and Utilities. The location and construction of private
streets, driveways and utilities to provide a means of access to an otherwise
inaccessible or landlocked property where no other reasonable, alternate location
outside the Water Resource Protection Zone exists.
c. Storm Water Treatment Facility Installation. Installation of public and private
storm water treatment facilities such as detention ponds or sediment traps, vegetated
swales and constructed wetlands.
d. Replacement of Nonconforming Accessory Structures in Residential Districts
and Replacement of Nonconforming Structures in Non-Residential Zoning
Districts and Outside Historic Districts. Replacement of nonconforming structures
located within or partially within the original building footprint, except those
nonconforming principal buildings exempted in section 18.63.060.A,3, provided
replacement does not disturb additional surface area within the Water Resource
Protection Zone.
B. Additional Limited Activities and Uses within Stream Bank Protection Zones. In addition
to the Limited Activities and Uses in section 18.63.070.A, the following activities and uses with the
Stream Bank Protection Zones are allowed under a Type I land use procedure provided the
activities or uses comply with the approval standards set forth in section 18.63.070.D.
1. Stream Restoration and Enhancement — Restoration and enhancement projects resulting
in a net gain in stream bank corridor functions unless otherwise exempted in section
18.63.060.B.2. Restoration and enhancement activities not otherwise associated with
development involving building, grading or paving are encouraged, and planning application
fees associated with reviewing
these activities for compliance with applicable land use
standards may be waived by the Staff Advisor.
2. Driveway and Street Maintenance and Paving - Maintenance, paving, and reconstruction
of existing public and private streets and driveways if work disturbs more total surface area
than the area inside the street right-of-way or access easement and an additional five percent
AMC Chapter 18.63 Water Resource Protection Zones Page 17
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surface area of the street right-of-way or access easement outside of the right-of-way or
easement. • Public streets shall be located in public right-of-way or a public easement.
3. Public Facility Paving and Reconstruction -- Paving and reconstruction of public parking
areas and walkways if additional surface area in the Stream Bank Protection Zone is not
disturbed, the public facilities are deemed necessary to maintain a functional system and upon
finding that no other reasonable alternate location outside the Water Resource Protection
Zone exits,
4. Public Utility Maintenance and Replacement - Routine maintenance and replacement of
existing public utilities and irrigation pumps if work disturbs more total surface area than the
area inside the public utility easement and an additional five percent surface area of the public
utility easement outside of the public utility easement.
5. Erosion Control - Erosion control and stream bank stabilization measures that have been
approved by the Oregon Department of State Lands (DSO, the U.S. Army Corps of
Engineers, or other state or federal regulatory agencies, and that utilize non-structural bio-
engineering methods.
6. Storm Water Outfall - Construction of a storm water outfall discharging treated storm water
from an adjacent developed area provided that the discharge meets local, state and federal
water quality regulations.
7. Bridges - The installation of a bridge or similar, bottomless crossing structure for the
purpose of constructing a public or private street, bicycle or pedestrian crossing, as well as to
provide a means of access to an otherwise inaccessible or landlocked property.
8. Flood Control Measures - Installation or expansion of structural flood control measures,
including but not limited to concrete retaining walls, gabions, gravity blocks, etc., shall
generally be prohibited, but approved only if demonstrated that less-invasive, non-structural
methods will not adequately meet the stabilization or flood control needs.
C. Additional Limited Activities and Uses within Wetland Protection Zones. In addition to the
Permitted Activities and Uses in section 18.63.070.A, the following activities and uses with the
Wetland Protection Zones are allowed under a Type [ land use procedure provided the activities or
uses comply with the approval standards set forth in section 18.63.070.D.
1. Wetland Restoration and Enhancement - Wetland restoration and enhancement projects
resulting in a net gain in wetland functions. Wetland restoration and enhancement activities
not otherwise associated with development involving building, grading or paving are
encouraged, and planning application fees associated with reviewing these activities for
compliance with applicable land use standards may be waived by the Staff Advisor.
2. Driveway and Street Maintenance and Paving - Maintenance, paving, and reconstruction
of existing public and private streets and driveways. Public streets shall be located in public
right-of-way or public easement.
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3. Public and Private Utility Maintenance and Replacement - Routine maintenance and
replacement of existing public and private utilities that disturb lands within the Wetland
Protection Zone.
D. Approval Standards for Limited Activities and Uses within Water Resource Protection
Zones. All Limited Activities and Uses within Water Resource Protection Zones described in
section 1833.070 shall be processed as a Type I land use procedure. The approval authority may
approve or approve with conditions a request to conduct Limited Activities and Uses in a Water
Resource Protection Zone based upon findings that the following standards have been satisfied.
1. All activities shall be located as far away from streams and wetlands as practicable,
designed to minimize intrusion into the Water Resources Protection Zone and disturb as little
of the surface area of the Water Resource Protection Zone as practicable.
2. The proposed activity shall be designed, located and constructed to minimize excavation,
grading, area of impervious surfaces, loss of native vegetation, erosion, and other adverse
impacts on Water Resources.
3, On stream beds or banks within the bank full stage, in wetlands, and on slopes of 25% or
greater in a Water Resource Protection Zone, excavation, grading, installation of impervious
surfaces, and removal of native vegetation shall be avoided except where no practicable
alternative exists, or where necessary to construct public facilities or to ensure slope stability.
4. Water, storm drain and sewer systems shall be designed, located and constructed to avoid
exposure to floodwaters, and to avoid accidental discharges to streams and wetlands.
5. Stream channel repair and enhancement, riparian habitat restoration and enhancement and
wetland restoration and enhancement will be restored through the implementation of a
mitigation plan prepared in accordance with the standards and requirements in section
18.63.120.
6. Long term conservation, management and maintenance of the Water Resource Protection
Zone shall be ensured through preparation and recordation of a management plan as
described in section 18,63.120.C, except a management plan is not required for residentially
zoned lots occupied only by a single-family dwelling and accessory structures.
18.63.080 Water Resource Protection Zone Reductions
A Water Resource Protection Zone may be reduced by up to 25% through a Type I land use
procedure, and by greater than 25% and up to 50% through a Type II land use procedure to allow
alteration within the Water Resource Protection Zone based upon findings that the following
approval criteria have been satisfied.
A. The proposed use or activity is designed to avoid intrusion into the Water Resource Protection
Zone through the use of up to a 50% reduction of any dimensional standards (e.g. required front,
side and rear yard setbacks; required distance between buildings) to permit development as far
outside or upland of the Water Resource Protection Zone as possible. Such adjustment to any
applicable dimensional standards shall be reviewed as part of the requested reduction, and shall
not be subject to a separate Variance application under Chapter 18.100. Reductions to
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dimensional standards may not be used to reduce required Solar Access setbacks without
evidence of agreement by the effected property owner(s) to the north through a concurrent Solar
Access Variance application as described in section 18.70.060.
B. The alteration of the Water Resource Protection Zone is the minimum necessary to efficiently
perform the proposed activity and/or use. The proposed development shall minimize disturbance
to the Water Resource Protection Zone by utilizing the following design options to minimize or
reduce impacts of development.
1. Multi-story construction shall be considered.
2. Parking spaces shall be minimized to no more than that required as a minimum for the use.
3. Pavement shall be minimized, and all pavement used shall be installed and maintained in a
pervious paving material.
4. Engineering solutions shall be used to min