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HomeMy WebLinkAbout2008-09-09 Planning PACKET Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you wish to speak, . please rise and, after you have been recognized by the Chair, give your name and complete address for the record You will then be allowed to speak. Please note that the public testimony may be limited by the Chair and normally is not allowed after the Public Hearing is closed. ASHLAND PLANNING COMMISSION REGULAR MEETING SEPTEMBER 9, 2008 AGENDA I. CALL TO ORDER: 7:00 PM, Civic Center, 1175 E. Main Street II. ANNOUNCEMENTS III. APPROVAL OF AGENDA IV. CONSENT AGENDA A. Approval of Minutes 1. August 12, 2008 Planning Commission Minutes V. PUBLIC FORUM VI. TYPE III PUBLIC HEARINGS A. Water Resource Protection Zones Ordinance VII. UNFINISHED BUSINESS VIII. OTHER A. Overview of City Employment Lands Inventory IX. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES AUGUST 12, 2008 CALL TO ORDER Commission Chair John Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: John Stromberg, Chair Bill Molnar, Community Development Director Michael Dawkins Brandon Goldman, Senior Planner Mike Morris April Lucas, Administrative Assistant Debbie Miller Michael Church Pam Marsh Melanie Mindlin Tom Dimitre Absent Members: Council Liaison: Dave Dotterrer, excused Cate Hartzell ANNOUNCEMENTS Community Development Director Bill Molnar noted a Planning Commissioner training opportunity scheduled for September 13 in Baker, Oregon and asked any members who are interested to contact staff. Stromberg announced he and Planning Manager Maria Harris are working on organizing another Water Resources site visit and anticipates this will occur before their next meeting. He noted they have identified a qualified ecological scientist who is familiar with this area and she would be joining them on the site visits. Mr. Molnar announced the 5-lot subdivision on Strawberry Lane has been appealed to the Land Use Board of Appeals. APPROVAL OF AGENDA Commissioners Miller/Dimitre m/s to approve agenda. Voice Vote: all AYES. Motion passed. CONSENT AGENDA A.Approval of Minutes 1. June 10, 2008 Hearings Board Minutes 2. July 8, 2008 Hearings Board Minutes 3. July 8, 2008 Planning Commission Minutes 4. July 22, 2008 Planning Commission Minutes The following corrections were made to the minutes: 1) June 10, 2008 Hearings Board – The commissioners present were John Stromberg, Dave Dotterrer, and Michael Church. 2) July 22, 2008 Planning Commission – Marsh clarified her position regarding the “Factoring Sustainability into the Comprehensive Plan” agenda item and stated there are other entities who may also want to get involved in this discussion. Commissioners Marsh/Mindlin m/s to approve the July 8, 2008 and July 22, 2008 Planning Commission minutes. Voice Vote: all AYES. Motion passed. Commissioners Church/Stromberg m/s to approve the June 10, 2008 and July 8, 2008 Hearings Board minutes. Voice Vote: all AYES. Motion passed. Page 1 of 4 PUBLIC FORUM No one came forward to speak. TYPE III PUBLIC HEARINGS A.Ashland Land Use Ordinance – Annexation and Zone Change Amendments Senior Planner Brandon Goldman provided a presentation on the Annexation and Zone Change draft ordinance. Following the presentation, he requested the Commission enter into deliberations and issue a formal recommendation to the City Council. Mr. Goldman stated the proposed changes are isolated to those sections that relate to affordable housing and the amendments address the following issues: 1) percentage of affordability, 2) land dedication option, 3) housing types and constructions standards, 4) distribution of affordable housing, and 5) construction timing. Percentage of Affordability Mr. Goldman stated the proposed ordinance would create a weighted point system for affordable housing units, would allow for a mix of housing types, would allow for variations in income levels, and would enable developers to provide both workforce and affordable housing opportunities. He noted the proposed language adds flexibility in targeting various households but largely retains the range currently in place. Land Dedication Option Mr. Goldman stated this option allows developers to provide land in lieu of actually developing the affordable housing. He stated this option is contingent that the land is sufficient to accommodate at least 25% of the projects base density, and that the land is located within the project and meets the distribution requirements. He stated any land dedicated would be deed restricted for a 60 year period and the ownership of the land that is transferred to a qualified affordable housing provider would have to occur prior to commencement of the project or issuance of building permit for any of the market rate units. Housing Types & Construction Standards Mr. Goldman explained this provision requires the affordable units to be proportionate in terms of number of bedrooms to the market rate units and it also establishes minimum floor areas for the affordable units. Additionally, the external design and materials need to be similar and the internal features and amenities need to be comparable. Distribution of Affordable Housing Mr. Goldman noted the intent of this provision is to scatter the affordable units throughout the project to reduce the potential for stigmatization of “low-income areas.” Construction Timing Mr. Goldman explained the current ordinance has no requirement for exactly when the affordable units have to be built. He stated the proposed ordinance addresses this issue and provides that only 50% of the market rate units can be built up front, at which point the developer would have to build 50% of the affordable units. They could then construct 40% of the market rate units before the remaining 50% of the affordable units need to be built. Mr. Goldman explained the proposed ordinance includes some flexibility to entertain alternate development proposals; however, these exceptions are not automatic and would be subject to approval by the City Council. He noted the Housing Commission recommends Council approval of the proposed ordinance with the exception of eliminating rental units at 80% AMI from being considered qualifying affordable units for the purposes of meeting the annexation requirements. Mr. Goldman commented on the exceptions and provided further clarification to the Commission. He noted possible examples of when an exception might be needed or preferred. Comment was made questioning if the phrase “mix of housing” denotes number of units. Mr. Goldman clarified the number is the “bargaining chip” that would allow for a deviation in terms of mix of type. Comment was made questioning the comparable materials requirement. Mr. Goldman noted the ordinance makes a distinction between interior and exterior materials and stated the intent of this language is for the affordable housing units to not be starkly different from the market rate units. Mindlin voiced concern with non-profits being held to the same standard for the exterior materials on affordable units. Mr. Molnar noted the materials do not need to be exactly the same and clarified the ordinance language states “visually compatible” and “building materials and finishes shall be substantially the same in type.” Page 2 of 4 Comment was made questioning the construction timing provision. Mr. Goldman clarified this language came out of conditions of approval the Planning Commission added to the Verde Village and Willow Brook projects. He noted this was included in the ordinance so the developer knows up front what will be asked of them. Stromberg expressed concern that this language may result in the land dedication not being a viable option for most developers. Councilor Hartzell voiced support for the proposed language and stated if they remove this, it may take a long time to get the affordable units built out. Mr. Goldman noted there is an exception to this language and an applicant could submit an alternate phasing proposal for approval. Mr. Molnar noted this would create a situation where the developer has to form a responsible relationship with the non-profit early on in the process. Stromberg asked the Commission whether they were comfortable with requiring the affordable units to look the same (externally) as the market rate housing. Marsh voiced her support for this provision. She stated the point of all this is to create diverse, heterogeneous neighborhoods and they need to be consistent on design features in order to accomplish this. Dawkins also voiced his support and stated the idea is to get as many people as possible into affordable units and to have them compatible so they don’t stick out from the other units. Marsh questioned how the language “affordable housing units shall be distributed throughout the project” would apply to smaller projects. Mr. Goldman acknowledged that the clustering problem most commonly applies to larger scale developments and clarified the burden of proof for this provision is on the developer. Comment was made questioning if there should be criteria included in the ordinance for this provision. Morris commented on the difficultly in including specific criteria that would apply to all developments. Stromberg voiced concern with creating a procedure where the developer does not know if they are meeting the criteria until it comes before the Planning Commission. Comment was made noting that the applicant will have to work with staff during the initial stages. Church stated they may be overanalyzing this and if something does not work, they can come back and change it. Mr. Goldman clarified why the proposed language reads “exceptions” instead of “variances.” Commissioners Dawkins/Morris m/s to send this on to Council. DISCUSSION: Marsh cited the Housing Needs Analysis and recommended they remove the language “or rental units” from 18.106.030.G.1(c). Dawkins stated he is willing to accept this amendment. Commissioners Dawkins/Marsh amended motion. Roll Call Vote on Motion as Amended: Commissioners Dawkins, Marsh, Morris, Miller, Church, Mindlin, Dimitre and Stromberg, YES. Motion passed. UNFINISHED BUSINESS A.Sustainability Proposal Stromberg noted Commissioners Marsh and Mindlin have been working on developing the proposal that will be forwarded to the City Council. Marsh noted the Informational Memorandum, which was emailed to the commissioners, and asked if they have any specific feedback before this is submitted to the Council. Mindlin pointed out that the commissioners would be carrying out this proposal and not relying on staff. Mindlin commented on the definition of sustainability. She stated this has been defined in many ways and recommended they start by finding out how the community has defined this. Marsh commented on transportation needs and whether this should be part of the Planning Commission’s scope. She recommended they develop formal links between planning and transportation and noted it is very difficult to separate these out. Mr. Molnar noted than he and Associate Planner Derek Severson have been meeting with the Public Works Department regarding the creation of a Transportation Commission. He said the feeling is that the Transportation and Planning Commissions should take a more active role in making recommendations on the City’s Capital Improvement Plan. Morris expressed concern with looking at what everyone else is doing and adjusting their policies accordingly, rather than making their own decision about where the City wants to go. Stromberg stated that he does not think they will be bound by what they observe and stated this is just a first step before they come up with their own ideas. OTHER BUSINESS A.Regional Problem Solving Update Community Development Director Bill Molnar provided the Regional Problem Solving update to the Commission and noted this issue would be coming before them later this year. Page 3 of 4 Stromberg questioned if the City had been allocated a growth rate and whether this needed to be imbedded in the City’s Comprehensive Plan. Mr. Molnar noted this issue came up early in the process and the City Council submitted a letter indicating their concerns with this. He noted the County is responsible for allocating the population growth and clarified the City of Ashland did not identify any urban reserves. He stated he does not foresee the City making any significant changes to the Comprehensive Plan, other than recognizing that a regional plan has been adopted. He added the plan is not that substantive to the City until they start identifying urban reserves. Mr. Molnar provided a brief overview of the Participants Agreement and outlined the following approval process: STEP 1: LCDC will review the plan and participants’ agreement in October, 2008 and provide tentative acceptance of the local plan amendments. STEP 2: Local agencies will agree to sign the participants’ agreement. (This is where the Planning Commission will become involved.) STEP 3: Once the local agencies sign in agreement, LCDC will sign the participants’ agreement. STEP 4: Jackson County will then start their adoption process and begin incorporating the agreement into the Jackson County Comprehensive Plan. Mr. Molnar noted cities can either go through a parallel process of amending their Comprehensive Plans to identify these urban reserves, or they can wait until County has completed their adoption process. Commissioners Marsh/Morris m/s to continue meeting to 9:10 p.m. Voice Vote: all AYES. Motion passed. B.Hearings Board Assignments Mr. Molnar stated the Hearings Board members for September through December are Morris, Marsh and Dawkins; however due to the record being left open at the Hearings Board meeting today, he asked that Stromberg fill in for Marsh at the next hearing. He added Morris, who was not at the Hearings Board meeting today, would need to review the planning record and video of the meeting in order to be prepared. Mr. Molnar requested clarification about what happens when a commissioner cannot attend the Hearings Board. It was clarified the commissioner is responsible for findings a replacement. If they are unable to do so, they need to inform the Commission Chair and staff. Stromberg commented on a recent incident that happening during a Planning Commission meeting and stated he would like to establish a rule that no member of the public or the press may linger near the door behind the dais. He clarified this should curtail any future distractions. ADJOURNMENT Meeting adjourned at 9:10 p.m. Respectfully submitted, April Lucas, Administrative Assistant Page 4 of 4 ASHLAND PLANNING DEPARTMENT STAFF REPORT September 9, 2008 PLANNING ACTION: 2007-01137 APPLICANT: City of Ashland ORDINANCE REFERENCE: 18.62 Physical and Environmental Constraints REQUEST: Adoption of an Ordinance adding Chapter 18.63 Water Resource Protection Zones to and modifying Chapter 18.62 Physical and Environmental Constraints of the Ashland Land Use Ordinance (ALUO). Also, an Ordinance to amend the Ashland Comprehensive Plan to adopt the Water Resources Map including significant wetlands and riparian corridors with the Local Wetlands Inventory and Assessment and Riparian Corridor Inventory adopted by reference, as a technical study within the Ashland Comprehensive Plan, and to revise the Floodplain Corridor Lands Map to provide consistency with the stream classifications with the Water Resources Map. I. Relevant Facts A. Background The revision of Ashland’s regulations regarding the protection of wetlands, streams and riparian corridors has been a multi-year project involving a significant amount of staff time, consultant time and volunteer time (Wetland and Riparian Technical Advisory Committee, Planning Commission and City Council). The project was identified as a City of Ashland Council Goal in 2001. In the spring of 2003, Fishman Environmental Services was awarded a contract to conduct a local wetland and riparian inventory. Approximately 1,500 letters were mailed to properties with potential natural resources sites, requesting the property owner to permit the consultants’ access to their property to conduct fieldwork. Subsequently, two public open house meetings to discuss and update citizens on the status of the inventory and project were held in June 2003 and in November 2003. The Oregon Division of State Lands approved Ashland’s Local Wetlands Inventory and Assessment and Riparian Corridor Inventory in March 2007. The second phase of the project was conducted during 2004-2005 when staff worked with the Wetland and Riparian Technical Advisory Committee to write a draft ordinance. The draft that came out of the technical advisory committee was reviewed by Fishman Environmental Services. The final phase of the project began approximately a year ago with a series of Planning Commission study sessions in August and November 2007. The study sessions were followed by a public workshop in April 2008 for interested property owners and the general public. Oregon state law requires a written notice to be mailed to property owners when a proposed land use regulation may affect the use of their property. As a result, approximately 1,800 notices were mailed to property owners that Planning Action PA 2007-01137 Ashland Planning Department – Staff Report – 9.9.08 Applicant: City of Ashland Page 1 of 14 have properties containing or located near wetlands and streams in Ashland. At the April 22, 2008 Public Workshop, approximately 40 people attended, and thirteen people asked questions and made comments regarding the draft ordinance. While the revision of Ashland’s regulations regarding wetlands, streams and riparian corridors was initiated by the City Council in 2001, the revised regulations are required to meet Statewide Planning Goal 5: Natural Resources, Scenic and Historic Areas and Open Spaces. The Oregon Administrative Rules (OAR 660-23-000) which outline the procedures and requirements for complying with Statewide Planning Goal 5 was revised in September 1996. Under the revised rules, cities and counties throughout Oregon are obligated to compile inventories of “significant” wetlands and riparian corridors. As a second step, the City is required to examine existing local ordinances and adopt or update their regulatory program to address protection of significant wetlands and riparian corridors. Cities and counties are required to address the revised Statewide Planning Goal 5 rules when conducting periodic review and when amending comprehensive plans and land use regulations. As with any local revision to land use regulations, the Department of Land Conservation and Development (DLCD) must approve the proposed revisions to the Ashland Land Use Ordinance and Ashland Comprehensive Plan. The revised rules for complying with Statewide Planning Goal 5 include a “Safe Harbor” approach which is a prescribed course of action that satisfies the rule requirements. The Safe Harbor approach includes requirements such as requiring a riparian corridor boundary of 50 feet from top of bank for fish-bearing streams with a flow less than 1,000 cfs, the protection of significant wetlands and placing restrictions on grading, excavation, fill and vegetation removal in protected riparian corridors and wetlands. Cities and counties have the option of using the Safe Harbor approach in revising regulations for wetlands and riparian corridors. The benefit of using the Safe Harbor approach is that the approval process through DLCD is streamlined, and a fairly complex “ESEE” (economic, social, environmental and energy) analysis is not required. The proposed ordinance and Comprehensive Plan amendments have been drafted to meet the Safe Harbor approach. Staff has been working with DLCD to determine if the proposed package meets the prescribed course of action, but a decision is still forthcoming. Ultimately, an ESEE analysis may be required by DLCD. 1. Project Time Line The following summarizes the time line of the Water Resources Ordinance project to date. City Council Identifies “Developing an Updated Riparian Area Protection Ordinance” as Council Goal April 2001 Wetlands and Riparian Corridor Inventory Work 2003-2005 Planning Action PA 2007-01137 Ashland Planning Department – Staff Report – 9.9.08 Applicant: City of Ashland Page 2 of 14 Wetlands and Riparian Technical Advisory Committee 2004 - 2005 Technical Review of Draft Ordinance by Fishman Environmental Services Nov 2005 City Council Identifies “Complete Riparian Ordinance” as Council Goal 2005-2007 Goals Oregon Division of State Lands Inventory Approval March 2007 Planning Commission Study Sessions Aug and Nov 2007 Planning Commission Public Workshop with Measure 56 Notice April 22, 2008 Planning Commission Public Hearings May 13, 2008 June 24, 2008 July 22, 2008 2. Why are wetlands and riparian corridors valuable natural resources? Wetland functions include water quality improvement, floodwater storage, and fish and wildlife habitat. Wetlands function like natural tubs or sponges, storing water and slowly releasing it. This process slows the water’s momentum and erosive potential, reduces flood heights and allows for ground water recharge. After being slowed by a wetland, water moves around plants, allowing the suspended sediment to drop out and settle to the wetland floor. Pollutants that are dissolved in the water are often absorbed by plant roots and microorganisms in the soil. Abundant vegetation and shallow water provide diverse habitats for fish and wildlife. 1 A riparian area is the area of land adjacent to a stream. Healthy riparian areas reduce the chance of damaging floods, improve water quality and provide habitat and food for fish and wildlife. Plants in healthy riparian areas perform numerous functions: 1) provide wood to streams, creating fish habitat and slowing the stream current during and after storms, 2) shade streams in summer for fish health and minimize evaporation loss of water, 3) reduce erosion by holding soil in place with roots, 4) filter sediment out of muddy runoff, keeping sediment from smothering fish habitat, 5) allow heavy winter rains to soak into the soil instead of running into the stream – this reduces flooding and allows water to be released slowly to the stream during the dry season, 6) filter out pollutants, such as fertilizers, pesticides and animal wastes and 7) provide important food sources, homes, shelter and travel corridors for wildlife, fish and other aquatic organisms. 1 “Functions and Values of Wetlands”, United States Environmental Protection Agency, September 2001 Planning Action PA 2007-01137 Ashland Planning Department – Staff Report – 9.9.08 Applicant: City of Ashland Page 3 of 14 Healthy riparian areas include a variety of types and ages of plants including trees, shrubs, grasses and groundcovers. Plants adapted to local rainfall, climate, insects and soil conditions tend to be easier to care for because they need less water and pesticides.2 Wetlands and riparian areas are now largely appreciated for the myriad of functions they provided to society as well as for their aesthetic and intrinsic values. Cities are increasingly finding the conservation of wetlands and riparian areas enhances community character and is an important quality of life measure. The preservation and restoration of water resources and incorporation of wetlands and riparian corridors in open spaces generally is considered a positive aspect of property, whether it is privately held or a public open space. 3. Why revise local regulations regarding the protection of wetlands, streams and riparian corridors? To further protect wetlands, streams and riparian corridors. Wetlands and riparian corridors currently have limited protection under the Ashland Land Use Ordinance (ALUO). The Physical and Environmental Constraints chapter of the ALUO is the primary set of local regulations addressing protection of water resources. While extensive revisions were made to the ALUO in the late 1980’s and early 1990’s to address needed changes to the City’s flood management program, only modest modifications have been undertaken since the mid 1980’s to protect the functions and values associated with wetlands and riparian areas. The primary protection of wetlands is through the Performance Standards Options chapter which requires identification and protection of significant natural resources. Wetlands are not addressed in the Physical and Environmental Constraints chapter. Standard protection measures for wetlands such as a buffer area, a building setback from wetlands and mitigation measures are not addressed in the ALUO. Similarly, of the more than 20 streams in Ashland, only six of those are protected by delineated floodplains (Ashland, Bear, Clay, Emigrant, Hamilton and Kitchen). Fish- bearing streams such as Kitchen and Tolman creeks under state regulations require a 50-foot wide buffer while existing ALUO requirements require a 20- foot setback from the creek. Noxious and invasive plants are not addressed in existing local regulations. Native plants are addressed only in the Site Design and Use Standards for commercial, industrial and employment development, and the existing local regulations do not address plant materials in the buffer area for water resources in residential developments. The majority of creeks, which do not include mapped floodplains, have setbacks ranging 10 to 20 feet from the creek. Over the past decade and a half 2 “Taking Care of Streams in Washington, Oregon, Idaho and Alaska”, October 2002, Pacific Northwest Extension publication Planning Action PA 2007-01137 Ashland Planning Department – Staff Report – 9.9.08 Applicant: City of Ashland Page 4 of 14 since the Physical and Environmental Constraints chapter was revised, it has become apparent to Staff that structures placed within 10 feet of the creek typically result in impacts within the 10-foot wide buffer (e.g. construction impacts, structure maintenance impacts and construction of prohibited structures). To make the ALUO consistent with the Ashland Comprehensive Plan. The Environmental Resources Element of Ashland’s Comprehensive Plan (Chapter IV) includes a variety of goals and policies related to the preservation and protection of Ashland’s wetlands and riparian areas. The Environmental Resources Element of Ashland’s Comprehensive Plan was revised, approved and adopted in 1991. The 1991 revisions included several goals and policies related to Ashland’s wetlands and riparian areas that were not implemented in the ALUO.The following goals and policies are from the Environmental Resources Element of the Ashland Comprehensive Plan. Protect the quality of riparian resource lands, and preserve their wildlife habitats. To preserve and protect significant wetlands, and to mitigate potential impacts on these areas due to development and conflicting uses. Evaluate the quantity and quality of wetland resources inside the City Limits and within the Urban Growth Boundary through the compilation of an inventory of significant wetlands. Develop site review procedures and performance standards, using buffering techniques, setbacks and mitigation measures, to reduce the impacts of development on significant wetland areas. Examine the Physical and Environmental Constraints chapter of Ashland’s Land Ordinance concerning wetland and riparian areas, and insure that existing zoning regulations maintain these valuable areas in a natural state. Utilize local resources to form a technical advisory committee to identify potential plants and animals which relay on wetland habitat for their continued existence. Retaining these area \[in\] a natural state should be of high priority , and development should consider and accommodate the habitat utilized by these plants and animals. To preserve existing wildlife habitats and natural areas within the city wherever possible. City Council Goal The completion of the riparian ordinance is a City Council goal. The Physical Planning Action PA 2007-01137 Ashland Planning Department – Staff Report – 9.9.08 Applicant: City of Ashland Page 5 of 14 and Environmental Constraints chapter of the ALUO was last revised with respect to riparian areas in 1989. Since then, the important functions and values of wetlands and riparian areas, and connection to a community’s quality of life have become much more apparent, as reflected in the goal of the City Council. Riparian protection has become part of Ashland’s storm water management plan. The City of Ashland 2000 Storm Water and Drainage Master Plan advocates non-traditional storm water management techniques that include protection and restoration of Ashland’s stream corridors. One of the recommended regulatory tools identified for achieving the goals of the plan is the adoption of riparian corridor protection measures. To comply with Statewide Planning Goal 5. Statewide Planning Goal 5 requires local communities to inventory and adopt land use protections for significant natural resources such as wetlands and riparian areas. Adoption of a Local Wetland Inventory and an updated ordinance that regulates activities within and adjacent to significant wetlands and fish-bearing streams is intended to fulfill this State requirement. 4. Attachments The following materials are attached to the Staff Report. Ashland Land Use Ordinance Chapters A: 18.63 Strikeout/Underline Copy - Draft Chapter 18.63 Water o Resource Protection Zones – changes made since 6.24.08 version are shown B: 18.63 With Changes Copy – Draft Chapter 18.63 Water o Resource Protection Zones – changes shown in copy A are integrated with notes explaining changes C: 18.62 Strikeout/Underline Copy – Draft Revised Chapter 18.62 o Physical and Environmental Constraints Draft Water Resources Map Local Wetlands Inventory and Assessment and Riparian Corridor Inventory with Oregon Division of State Lands Approval Letter Written Comments Received Since July 22, 2008 Planning Commission Meeting Planning Action PA 2007-01137 Ashland Planning Department – Staff Report – 9.9.08 Applicant: City of Ashland Page 6 of 14 “A Guide to Riparian Tree Planting in Southwest Oregon”, M. Bennett and G. Ahrens, September 2007, Oregon State University Extension Service B. Description of Proposal 1. Chapter 18.63 Water Resource Protection Zones and Revisions to Chapter 18.62 Physical and Environmental Constraints The revision of Ashland’s regulations regarding the protection of wetlands, streams and riparian corridors includes a proposed new chapter to the Ashland Land Use Ordinance (ALUO), Chapter 18.63 Water Resource Protection Zones, and the modification of an existing chapter of the ALUO, Chapter 18.62 Physical and Environmental Constraints. The revisions to Chapter 18.62 Physical and Environmental Constraints consist of removing section 18.62.075 which pertains to development standards for Riparian Preservation Lands. Additionally, the terminology of Riparian Preservation Lands and drainage channels is replaced with the new classifications of Riparian Corridors, Local Streams and Intermittent and Ephemeral Streams. The proposed Chapter 18.63 Water Resource Protection Zones establishes protection zones adjacent to streams and wetlands, as well as limits and, in some cases, prohibits building, grading and paving in the protection zones. The focus of the proposed chapter is establishing a buffer zone around wetlands and streams to protect the functions of the natural areas. Wetlands and riparian areas improve water quality, aid floodwater control, and provide habitat and food for fish and wildlife. The buffer zone is largely protected from the impacts of new development and from the removal of native vegetation. Removal of noxious and invasive plants is permitted and enhancement and restoration is encouraged. Exempt Activities and Uses are identified for the water resource protection zones which generally address pre-existing situations that will become non-conforming if the proposed chapter is adopted, and encouraging the restoration of the protection zones if earthwork is not involved. Three types of planning approvals included in the proposed chapter are Limited Activities and Uses, Water Resource Protection Zone Reductions and Hardship Variances. Limited Activities and Uses include a specific set of items which are intended to address items such as streets and utilities that are necessary to balance various city goals and policies that deal with issues such as adequate infrastructure and a connected street network. Additionally, Limited Activities and Uses provide a local review of wetland, stream and riparian area channel and enhancement projects. Water Resource Protection Zone Reductions allow the hearing authority to approve a reduction of the protection zone up to 50 percent if development standards addressing restoration, enhancement and mitigation are addressed. Water Resource Protection Zone Reductions serve two purposes – to provide pre-existing non-conforming lots an avenue for development and to provide partitions and subdivisions an incentive to perform restoration and Planning Action PA 2007-01137 Ashland Planning Department – Staff Report – 9.9.08 Applicant: City of Ashland Page 7 of 14 enhancement of the wetlands and riparian corridors. Hardship Variances are intended to provide an outlet for pre-existing lots that are rendered not buildable by the application of the proposed chapter. A Hardship Variance process is required by the Safe Harbor provisions for complying with Statewide Planning Goal 5. 2. Changes to June 24 Draft of Chapter 18.63 Two copies of draft Chapter 18.63 Water Resource Protection Zones (Attachments A and B) and one copy of the revisions to Chapter 18.62 Physical and Environmental Constraints (Attachment C) are attached. Attachment A shows the revisions made to the latest draft of Chapter 18.63 from June 24, 2008 with deleted text shown in strikeout new text shown in underline. Attachment B is the same document with the changes accepted so as to provide the Planning Commission with a version that is easier to read. Edits from July 22 Planning Commission Meeting At the July 22, 2008 Planning Commission meeting, the Commission provided staff direction regarding the potential edits identified in the June 24 draft of Chapter 18.63. The following summarizes the edits made based on that All page number references correspond to Attachment A. discussion. Landscape Maintenance in Water Resource Protection Zone (p 4) The June 24 draft expanded the definition of hand-held equipment or machinery to include lighter power equipment such as chainsaws, weed eaters, push lawn mowers and brush mowers. Removal of non-native, noxious and invasive plants (e.g. weeds and blackberries) is an exempt activity with hand-held equipment. Top of Bank Definition (p 7) In the June 24 draft, staff had identified a possible change to the top of bank definition from the City of Portland based on the change in slope. After further research, staff believes the previous definition should be used. The City of Portland has had difficulty administering the top of bank definition using change in slope and is currently considering changing the top of bank definition. A review of similar water resource ordinances in the state show that the top of bank is widely used. Staff found that several jurisdictions included a list of physical characteristics that indicate where top of bank is, and this was added to the definition. Center Line of Stream – (p 9)For Local Streams and Intermittent o and Ephemeral Streams, the measurement for the Stream Bank Protection Zone was changed to the center line of the stream. Riparian Corridors continue to be measured 50 feet from top of bank, which is consistent with the Safe Harbor approach. Non-Native Planting Planning Action PA 2007-01137 Ashland Planning Department – Staff Report – 9.9.08 Applicant: City of Ashland Page 8 of 14 The June 24 draft included an exemption allowing 15 percent of the total lot area in the Stream Bank Protection Zone to be planted in non-native vegetation. This section was eliminated due to concerns about difficulty in administration. Instead, the Planning Commission suggested the native plant list be expanded to include native and compatible plants. Outdoor Use Area (p12) The June 24 draft included an exemption allowing an outdoor yard or garden area up to 150 square feet in size in the Stream Bank Protection Zone to be planted in non-native vegetation. It wasn’t clear whether the majority of the Commission felt the provision should remain or be deleted, so it remains in the current draft for further discussion. Nonconforming Structures (p14) Language exempting the replacement of legally established nonconforming “primary” structures that are destroyed by a fire or natural hazard from the requirements of the proposed chapter was added. There was a discussion of whether non-primary structures like outdoor seating areas and decks for businesses should also be exempt. A potential solution was suggested expanding the definition of primary structure to include all commercial structures. It wasn’t clear whether the majority of the Commission felt all commercial structures (primary and non-primary) should be exempt if destroyed by a fire or natural hazard, so language was not added to this effect. Previously Approved Building Envelopes and Driveways (p 14) Language permits previously approved building envelopes and driveways that would be nonconforming to be built as approved, and exempt from the requirements of the proposed chapter. The Planning Commission suggested adding a time limit to the exemption for previously approved building envelopes and driveways. As a result, language was added allowing the exemption for 3 years after the effective date of the ordinance. Additional Edits Many of the edits to the June 24 draft of Chapter 18.63 are to clean up and better organize the document. For example, terminology was corrected for consistency, numerical references were added and corrected as section numbers changed and numbering and lettering sequences were corrected. There were several All page references substantive changes that are summarized below. correspond to Attachment A. Installation of Unpaved Trails (p 12 and p 16) Language was added allowing unpaved trails in the Water Resource Protection Zones. Members of the Planning Commission had raised the importance of allowing people to access and experience the natural areas in private and public open spaces. Additionally, in discussions with Parks Department staff, the installation of walking and hiking trails in public parks property was identified as an important activity. Installation of paved trails would be required to obtain a Limited Activity and Use planning approval. Planning Action PA 2007-01137 Ashland Planning Department – Staff Report – 9.9.08 Applicant: City of Ashland Page 9 of 14 Paving and Reconstructing Existing Streets and Driveways (p 15 and p 19) Replacement of existing streets and driveways in Stream Bank Protection Zones was previously identified as a Limited Activity and Use. If a street or driveway is in place in the Stream Bank Protection Zone and used to access properties, it is likely to need to be paved, repaved and possibly reconstructed in the future. An exemption was added permitting the paving and reconstruction of existing streets and driveways if no more than five percent additional surface area in the Stream Bank Protection Zone is disturbed. The same projects that disturb more than five percent additional surface area in the Stream Bank Protection Zone are required to obtain a Limited Activity and Use planning approval. Reorganization of Limited Activities and Uses, Water Resource Protection Zone Reductions and Hardship Variances While the changes were not substantive, it is important to note that sections 18.63.070 – 18.63.110 were reorganized. The standards and criteria were consolidated according to each land use approval and repetitive standards were eliminated. Since each of the three planning approvals requires a mitigation plan, standards related to vegetation preservation and restoration were moved to the Mitigation Requirements section 18.63.120. Repetitive language in the application requirements was also eliminated. 3. Water Resources Map and Local Wetlands Inventory and Assessment and Riparian Corridor Inventory The wetlands and streams addressed by the revisions to the Ashland Land Use Ordinance are identified on the draft Water Resources Map. The map identifies wetlands by two classifications – Significant and Possible Wetlands. There are 14 Significant Wetlands identified and approximately 30 Possible Wetlands. The map also identifies streams by three classifications – Riparian Corridors, Local Streams and Intermittent and Ephemeral Streams. There are six Riparian The Corridors, eight Local Streams and 20 Intermittent and Ephemeral Streams. Riparian Corridor streams are: Ashland Creek, Bear Creek, Emigrant Creek, Kitchen Creek, Neil Creek, and Tolman Creek.The Local Streams are: Ashland Creek, Cemetery Creek, Clay Creek, Hamilton Creek, Hamilton Creek Tributaries 1 and 2, Wrights Creek, Wrights Creek Tributary 5.Ashland The Intermittent and Ephemeral Streams are: Creek Tributary 1,Beach Creek, Cemetery Creek, Fordyce Creek, Golf Course Creek, Hamilton Creek, Hamilton Creek Tributary 1, Knoll Creek, Mook (Clear) Creek, Mountain Creek, Paradise Creek, Pinecrest Creek, Roca Creek, Strawberry Creek, Twin Creek, West Fork Wrights Creek, Wrights Creek Tributaries 1,2, 3 and 5. The Water Resources Map is required to be adopted as part of the Ashland Comprehensive Plan. In addition, the Floodplain Corridor Lands Map must be revised so the stream classifications are consistent with the Water Resources Map (i.e. Riparian Land Corridor will be changed to Local Stream, Riparian Land Drainage will be changed to Intermittent and Ephemeral Streams). Currently, the regulated riparian corridors are covered under Chapter 18.62 Physical and Planning Action PA 2007-01137 Ashland Planning Department – Staff Report – 9.9.08 Applicant: City of Ashland Page 10 of 14 Environmental Constraints, and are identified on the Floodplain Corridor Lands Map, which is an adopted Comprehensive Plan Map. The draft Water Resources Map and the revisions to the Ashland Land Use Ordinance are in part based upon the Local Wetlands Inventory and Assessment and Riparian Corridor Inventory. The streams identified on the draft Water Resource Map were inventoried, identified as significant and adopted by the City in 1987. Cities and counties throughout Oregon are obligated to compile such inventories under Statewide Planning Goal 5: Natural Resources, Scenic and Historic Areas and Open Spaces. The City is required to examine existing local ordinances and adopt or update their regulatory program to address protection of significant wetlands and riparian corridors. Fishman Environmental Services conducted the Local Wetlands Inventory and Assessment and Riparian Corridor Inventory of local wetlands and riparian corridors within Ashland’s Urban Growth Boundary (UGB). The initial inventory work started in May 2003. Approximately 1,500 letters were mailed to properties with potential natural resources sites, requesting the property owner to permit the consultants’ access to their property to conduct fieldwork. Approximately 625 (51%) permission request forms were returned to the City, with over 500 property owners allowing access to their property. The Planning Department with Fishman Environmental Services conducted two public open house meetings to discuss and update citizens on the status of the project. The first meeting was held on June 4, 2003 to describe the inventory requirements as prescribed under Statewide Goal 5, while a second public meeting was held on November 20, 2003 to present the draft inventory maps and solicit public comment. After refining the draft inventory maps, the local inventory of wetland and riparian corridors was forwarded to the Oregon Division of State Lands (DSL) in March 2004 for review. The Oregon Division of State Lands (DSL) is required to review and approve the inventory. After refining the draft inventory maps, DSL approved the Local Wetlands Inventory and Assessment and Riparian Corridor Inventory in March 2007. II. Project Impact The proposed Chapter 18.63 Water Resource Protection Zones has three primary areas of revisions to existing regulations. First, the systematic protection of wetlands including a buffer area will be established. Second, the size of the buffer area for streams will increase. In the case of Riparian Corridors the increase is from 20 to 50 feet from top of bank, for Local Streams the change is from 20 feet from top of bank to 40 feet from the center line of the stream, and for Intermittent and Ephemeral Stream the change is from 10 feet from top of bank to 30 feet from center line of the stream. Finally, the nature of the activities in the water resource protection zones will focus on protecting and enhancing wetland and riparian area functions through limitations on building, paving and grading and the regulation of plant installation and removal (i.e. native plant installation, noxious and invasive plant removal). As stated earlier, the Physical and Environmental Constraints Chapter of the ALUO is the primary set of local regulations regarding streams and riparian corridors. The regulations focus Planning Action PA 2007-01137 Ashland Planning Department – Staff Report – 9.9.08 Applicant: City of Ashland Page 11 of 14 on flood management and not impeding flood waters by locating structures outside of the floodplain. For example, new residential construction is largely required outside of the floodplain corridor lands and new non-residential uses are required to be located above flood elevations and constructed to the flood-proof standards in Chapter 15.10. The application of local floodplain regulations since 1987 has resulted in relatively little residential damage during flood events, and the main benefit to riparian areas is creating corridors relatively free of new residential buildings. For the 28 streams identified on the Water Resources Map, the majority of these floodplain corridors range from 10 to 20 feet from the top of bank, with larger widths on the six streams with delineated floodplains (Ashland, Bear, Clay, Emigrant, Hamilton and Kitchen). Wetlands are not addressed in the Physical and Environmental Constraints chapter, and have been protected through the Performance Standards Options chapter and by state regulations. The impact of requiring riparian buffers and regulating the Stream Bank Protection Zones will be to create a protected area that will be relatively free of new building, grading and paving. Additionally, the vegetation in the protection zone will be required to be managed in a manner that supports stream and riparian functions of water quality, temperature control, floodwater storage and fish and wildlife habitat. Currently, in most cases vegetation removal other than trees in the riparian corridor is not regulated. As a result, established riparian plants can be removed and plants not conducive to riparian area functions can be planted up to the stream bank. The impact of requiring wetland buffers and regulating the Wetland Protection Zones is similar to that of the Stream Bank Protection Zone in terms of limiting building, grading and paving and requiring vegetation management. While the preservation of wetlands is regulated by state and federal agencies, the ordinance revisions provide additional protection measures for wetlands such as a buffer area and a setback from wetlands. One of the primary strengths of the ordinance is that it establishes requirements for mitigation and enhancement for developments proposing to disturb the area of the protection zones. The mitigation requirements are designed to be proportional to the size of the project ranging from a Limited Activity and Use such as maintenance of a public utility line that disturbs surface area, to a Hardship Variance to an addition to an existing single-family home to a Water Resource Protection Zone Reduction for a subdivision. In terms of impact to private property owners, increasing the size of the riparian buffers and requiring wetland buffers can potentially impact the size of the developable area. For properties adjacent to the six streams with delineated floodplains, the impact will be negligible because the existing floodplain boundaries are wider and existing regulations already limit further development. The proposed Water Resource Protection Zone Chapter 18.63 includes provisions for the transfer of density in the water resource protection zones to lands outside the water resource protection zone within the same development for land divisions. Additionally, the Water Resource Protection Zone Reduction and Hardship Variances provide two processes to address lots existing before the effective date of the ordinance that will not be able to meet the proposed requirements. Finally, vacant lots with non-conforming building envelopes and driveway plans that were approved prior to the effective date of the ordinance are exempt from the requirements of the proposed ordinance for a period of 3 years. Planning Action PA 2007-01137 Ashland Planning Department – Staff Report – 9.9.08 Applicant: City of Ashland Page 12 of 14 A. Talent Irrigation District (TID) Use of Streams The issue of the use of natural streams for the distribution of TID water was raised in previous discussion concerning the proposed ordinance revisions. According to data from the Ashland Engineering Division, TID uses nine of the 28 streams identified on the Water Resource Map for the distribution of irrigation water to customers and the return of unused irrigation water. The streams used for TID water delivery and return are Ashland, Tolman, Cemetery, Clay, Hamilton, Wrights, Golf Course, Paradise and Roca. Therefore, three of the 20 streams classified as Intermittent and Ephemeral Streams are used for TID delivery and return – Golf Course, Paradise and Roca. This is somewhat counter to the assertion that all or most of the streams classified as intermittent and Ephemeral would not flow if it were not for TID water. III. Procedural The procedure for a legislative amendment is described in 18.108.170 as follows: A. It may be necessary from time to time to amend the text of the Land Use Ordinance or make other legislative amendments in order to conform with the comprehensive plan or to meet other changes in circumstances and conditions. A legislative amendment is a legislative act solely within the authority of the Council. B. A legislative amendment may be initiated by the Council, by the Commission, or by application of a property owner or resident of the City. The Commission shall conduct a public hearing on the proposed amendment at its earliest practicable meeting after it is submitted, and within thirty days after the hearing, recommend to the Council, approval, disapproval, or modification of the proposed amendment. C. An application for amendment by a property owner or resident shall be filed with the Planning Department thirty days prior to the Commission meeting at which the proposal is to be first considered. The application shall be accompanied by the required fee. D. Before taking final action on a proposed amendment, the Commission shall hold a public hearing. After receipt of the report on the amendment from the Commission, the Council shall hold a public hearing on the amendment. Notice of time and place of the public hearings and a brief description of the proposed amendment shall be given notice in a newspaper of general circulation in the City not less than ten days prior to the date of hearing. E. No application of a property owner or resident for a legislative amendment shall be considered by the Commission within the twelve month period immediately following a previous denial of such request, except the Commission may permit a new application if, in the opinion of the Commission, new evidence or a change of circumstances warrant it. IV. Conclusions and Recommendations Staff recommends the Planning Commission recommend approval of revisions to Ashland’s regulations regarding the protection of wetlands, streams and riparian corridors including: 1) adding Chapter 18.63 Water Resource Protection Zones to and modifying Chapter 18.62 Physical and Environmental Constraints of the Ashland Land Use Ordinance, 2) the amendment to the Ashland Comprehensive Plan to adopt the Water Resources Map including significant wetlands and riparian corridors with the Local Wetlands Inventory and Assessment and Riparian Planning Action PA 2007-01137 Ashland Planning Department – Staff Report – 9.9.08 Applicant: City of Ashland Page 13 of 14 Corridor Inventory adopted by reference, as the official inventory of locally significant wetlands as well as a technical study within the Ashland Comprehensive Plan, and 3) an amendment to the Ashland Comprehensive Plan to revise the Floodplain Corridor Lands Map to provide consistency with the stream classifications with the Water Resources Map. Planning Action PA 2007-01137 Ashland Planning Department – Staff Report – 9.9.08 Applicant: City of Ashland Page 14 of 14 ATTACHMENT A AMC 18.63 Strikeout/Underline Copy Draft Chapter 18.63 Water Resource Protection Zones (Changes made since June 24, 08 version are shown) Attachment A: 18.63 Strikeout & Underline Copy Chapter 18.63 WATER RESOURCE PROTECTION ZONES SECTIONS: 18.63.010 Purpose and Intent 18.63.020 Applicability 18.63.030 Definitions Inventory of Ashland’s Water Resources 18.63.040 Establishment 18.63.050 Location Establishment of Water Resource Protection Zones 18.63.060 Exempt Activities and Uses within Water Resource Protection Zones 18.63.070 Limited Activities and Uses withinWater ResourceProtection Zones 18.63.080 Additional Requirements for Land Divisions and Property Line Adjustments within Water Resource Protection Zones Reductions 18.63.090 Map Errors and Adjustments, Water Resource Protection Zone Reductions and Hardship Variances 18.63.100 Approval Process Standards for Land Divisions and Property Line Adjustments Within Water Resource Protection Zones Reductions 18.63.110 Mitigation Requirements Approval Process 18.63.120 Mitigation Requirements 18.63.130 Map Errors and Adjustments 18.63.010 Purpose and Intent The purpose and intent of this chapter are: A. To implement federal and 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. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 1 Ashland Planning Division 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. 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 structures 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 Applicability A. The provisions of this Chapter apply to all lands containing Water Resources and Water Resource Protection Zones. Water Resources include all streams and wetlands. Water Resource Protection Zones are buffer areas of varying widths surrounding Water Resources and include Stream Bank Protection Zones and Wetland Protection Zones. Water Resources and Water Resource Protection Zones are defined, established and protected in this Chapter. B. Federal and sState 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 the Ashland’s Water Resources Map. Nothing in this chapter shall be interpreted as superseding or nullifying federal or 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 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 Ashland Water Resources Map, field check, and any other relevant maps, site plans and information that a Water Resource or Water Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 2 Ashland Planning Division 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 Resources and 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, or permit or cause to be altered any real property designated as a Water Resource or Water Resource Protection Zone, except as set forth in an exemption, planning action or permit authorized in this Chapter. No person or entity shall use or allow, or permit or cause to be used, property designated as a Water Resource or Water Resource Protection Zone, except as set forth in an exemption, planning action or permit authorized in this Chapter. 18.63.030 Definitions Alter orAlteration - 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. Ashland 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. Comment \[u1\]: Moved to “Water Resources Map” definition below. Bank Full Stage - means the two-year recurrence interval flood elevation. 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. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 3 Ashland Planning Division 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 Use- means inhabited at any time of the year by anadromous or Comment \[u2\]: Section 18.63050, Establishment of Water Resource Zones game fish species or fish that are listed as threatened or endangered species under the federal or refers to fish-bearing. Fish use is not state or federal endangered species acts. Fish use is determined from Oregon Department of referenced in the chapter. 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 (e.g. push lawn mowers, brush mowers). For the purposes of this ordinance, equipment or machinery with wheels and a weight in excess of 100 pounds are not considered hand-held equipment. 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 6 inches in height. For purposes of this ordinance, lawn is not considered native vegetation regardless of the species used. Legally Created Lot or Parcel of Record - for purposes of this chapter includes a lot or parcel that was legally created and recorded prior to the adoption of land division ordinances or a lot or parcel shown on a final plat approved and recorded prior to the effective date of the ordinance codified in this chapter. A “legally created lot or parcel of record” also includes a lot or parcel recorded after the effective date of the ordinance codified in this chapter, but only if the lot or parcel was approved on a preliminary plat approved prior to the effective date of the ordinance codified in this chapter and the final plat recordation is in compliance with the original approved timetable of development. Legally Established Nonconforming Activities, Uses and StructuresNonconforming - activities, uses and structures that were legally established prior to the effective date of this ordinance. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 4 Ashland Planning Division Local Native Plant Species – means those plant species appropriate to planting in or adjacent to a Water Resource that are native species indigenous to Jackson County. Local native plant species are adapted to the elevation, weather, soils and hydrology of the area; will support the desired structures, 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 native plant species for both wetland and stream bank water resource applications, along with a list of known local suppliers. 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. 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 (4) years of relevant post graduate experience. Non-native Species - means a plant species which is not indigenous to the local area. Noxious, Invasive and/or Non-native 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, invasive and non-native plants. Other Possible Wetland – means an area that appears to meet wetland criteria but is too small (less than 0.5 acre according to Oregon Department of State Lands (DSL) rules) to require its inclusion in the Local Wetland Inventory. The Ashland Water Resources Map notes areas that are in the Other Possible Wetland designation. However, there may be additional existing areas that meet the Other Possible Wetland designation, but are not included on the Ashland Water Resources Map. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 5 Ashland Planning Division Power Assisted Equipment or Machinery - means equipment or machinery other than hand- held equipment. For the purposes of this ordinance, equipment or machinery with wheels is considered power assisted equipment. Primary Structure – A building in which the principal use of the zoning district in which it is located is conducted. Protection Zone – An area subject to the provisions of this chapter which includes a Water Resource and an associated buffer area 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 structures and functions of the resource. 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 (e.g., filling, grading or draining). Riparian Area – means the area adjacent to a Stream Bank Water Resource, consisting of the area of transition from an aquatic ecosystem to a terrestrial ecosystem, which affects or is directly affected by the Water Resource. Riparian Buffer – An area adjacent to the riparian area that preserves and protects the riparian area and it environmental functions. 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. Stream – A stream means a channel such as a river or 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. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 6 Ashland Planning Division 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 buffer area of varying width, as established herein, located adjacent to the stream, and in which certain human activities are regulated in order to protect the structures 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 a standard distance upland from the top of bank. 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 stage or 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 (needles, leaves, cones and seeds), and the presence of water-borne litter or debris, water-stained leaves or water lines on tree trunks. In Comment \[u3\]: Provides specific factors to determine the top of bank. the absence of physical evidence or where the top of each bank is not clearly defined, the Based on Oregon Division of State Lands two-year recurrence interval flood elevation may be used to approximate the top of bank, or the definition. line of non-aquatic vegetation, whichever is most landward. 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 Protection Zone, 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. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 7 Ashland Planning Division Water Resource Protection Zone - An area subject to the provisions of this chapter which includes a Water Resource and an associated buffer area 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 structures, 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 title 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. Wetlands, Locally Significant – means those wetlands identified on the AshlandWater 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, Other Possible – Other 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 on water quality and habitat functions of the wetland. 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 other 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 structures 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 Other Possible Wetlands. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 8 Ashland Planning Division Wetland Specialist – means an individual who has the appropriate credentials verifying proven expertise and vocational experience conducting wetland delineations. 18.63.040 Establishment 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 ______ (June 2008). 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. 18.63.050 Location Establishment of Water Resource Protection Zones A Water Resource Protection Zone is hereby established adjacent to 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 Water Resource Protection Zones are hereby established to protect streams and their associated riparian resources. The approximate locations of streams are identified on the Ashland Water Resources Map. 1. Riparian Corridor - The required protection zone for Riparian Corridor fish-bearing streams with an annual average stream flow less than 1,000 cubic feet per second shall extend 50-feet upland from the top of bank. Streams subject to this classification are:Ashland Creek, Bear Creek, Emigrant Creek, Kitchen Creek,Neil Creek, and Tolman Creek. Comment \[u4\]: Streams in this classification may change if cfs and/or fish-bearing status changes. Ordinance is 2. Local Streams - The required protection zone for non-fish-bearing Local Streams shall more timeless if it references Water Resources Map. extend 30-feet upland from the top of bank or 40-feet from the centerline of the stream, Comment \[u5\]: whichever isgreater. Streams subject to this classification are:Ashland Creek, Cemetery Protection zone measured from center line of stream per Creek, Clay Creek, Hamilton Creek, Hamilton Creek Tributaries 1 and 2, Wrights Creek, Planning Commission direction from Wrights Creek Tributary 5. \[Note: Different sections of the same creek may be listed in more 7.22.08 meeting than one Stream Bank Protection Zone classification. Consult Ashland Water Resources Map to determine Stream Bank Protection Zone classification by location.\] Comment \[u6\]: Streams in this classification may change if cfs and/or fish-bearing status changes. Ordinance is 3. Intermittent and Ephemeral Streams - The required protection zone for intermittent and more timeless if it references Water Resources Map. ephemeral streams shall extend 20-feet upland from the top of bank or30-feet from the centerline of the stream, whichever isgreater. Streams subject to this classification are: Comment \[u7\]: Protection zone measured from center line of stream per Ashland Creek Tributary 1,Beach Creek, Cemetery Creek, Fordyce Creek, Golf Course Planning Commission direction from Creek, Hamilton Creek, Hamilton Creek Tributary 1, Knoll Creek, Mook (Clear) Creek, 7.22.08 meeting Mountain Creek, Paradise Creek, Pinecrest Creek, Roca Creek, Strawberry Creek, Twin Creek, West Fork Wrights Creek, Wrights Creek Tributaries 1,2, 3 and 5.\[Note: Different sections of the same creek may be listed in more than one Stream Bank Protection Zone Comment \[u8\]: Streams in this classification. Consult Ashland Water Resources Map to determine Stream Bank Protection classification may change if cfs and/or fish-bearing status changes. Ordinance is Zone classification by location.\] more timeless if it references Water Resources Map. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 9 Ashland Planning Division 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 ProtectionZone - The measurement of the Stream Bank Protection Zones shall be a horizontal distance. In areas where the top of each bank is not clearly defined, the boundary of the Stream Bank Protection Zone shall be determined by measuring from the ordinary high water level based upon a two-year flood interval occurrence, or the line of non-aquatic vegetation (edge of riparian area boundary), whichever is most landward. B. Wetland Protection Zones. The following types of Water Resource Protection Zones are hereby established to protect wetland resources. The approximate locations of Locally Significant Wetlands and Other Wetlands are identified on the Ashland Water Resources Map. The precise boundary of a Wetland Protection Zone 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 Ashland 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. The measurement shall be a horizontal distance. 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 18.63.1010.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. 2. Other Possible Wetlands – For wetlands not classified as locally significant on the Ashland 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. Other Possible Wetlands includes all areas designated as such on the Ashland Water Resources Map and any unmapped wetlands discovered on site. The measurement shall be a horizontal distance. 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 18.63.1010.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. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 10 Ashland Planning Division 18.63.060 Exempt Activities and Uses within Stream Bank and Wetland Water Resource Protection Zones Comment \[u9\]: For consistency with “Sections” at beginning of chapter and for consistency throughout document. A. Exempt Activities Within Stream Bank Protection Zones. The following activities and uses do not require a permit or authorization from the City to be conducted in a Stream Bank Protection . All disturbed soil surface areas shall be re- Zone, provided the following requirements are met planted using local native plant species, erosion control material shall be applied (e.g. mulch, hay, jute-netting, or comparable) and temporary irrigation facilities shall be installed. Re-planting, soil erosion control and temporary irrigation shall be installed within 90 days of authorized land surface area disturbances. Soil disturbance shall not result in permanent changes to the topography of the Stream Bank Protection Zone. Similarly,uUsing herbicides, pesticides or Comment \[u10\]: This applies to all exempt activities. To delete repetition, chemical fertilizers in the Stream Bank Protection Zone shall not be permitted as part of the similar language was removed from exempt activities below unless expressly authorized. All applicable state and federal permits have individual exempt activities. been or will be obtained prior to commencement of the activity or use. 1. Non-native, Noxious and Invasive Vegetation Removal - Removal of non-native vegetation, and noxious and invasive vegetation listed on the City of Ashland’s Noxious and Invasive Plant List with hand-held equipment. The act of removing non-native, noxious and invasive vegetation shall not result in the removal of native vegetation including native trees of all sizes (e.g. tree saplings, mature trees), or the removal of non-native trees greater than six inches diameter at breast height, or disturbance of the soilsurface area. 2. Routine Planting - The planting of local native plant species or the replacement of non- native plants with local native plant species without the use of power-assisted machinery or equipment with hand-held equipment. 3. Fuel Reduction - Cutting or thinning of vegetation with hand-held equipment or machinery, consistent with City standards for Wildfire Lands described in the Physical and Environmental Constraints Chapter 18.62 and determined to be necessary as part of an approved fire hazard prevention/fuel reduction plan, provided that the cutting/thinning is the minimum necessary to alleviate the potential hazard. 4. Testing – Site investigative work with minimal surface area disturbance conducted by or required by a Ccity, Ccounty, Sstate, or Ffederal agency, such as but not limited to surveys, percolation tests, soil borings or other similar tests. 5. Landscaping, Lawn and Tree Maintenance -The limitations imposed by this chapter do not include the routine maintenance of existing vegetation within a Stream Bank Protection Zone, provided that the following requirements are met. a. Using herbicides, pesticides or chemical fertilizers in the Stream Bank Protection Zone shall not be permitted as part landscaping, lawn and tree maintenance activities. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 11 Ashland Planning Division a. Existing lawn within the riparian corridor may be maintained, but not expanded within the Stream Bank Protection Zone. b. 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 and with the American National Standards Institute (ANSI) standards for Tree Care Operations. 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.) 6. Outdoor Uses – The establishment of outdoor uses such as yards and gardens where the outdoor use area meets all of the following. a. The total outdoor use area in the Stream Bank Protection Zone, including existing and new outdoor use areas in the Stream Bank Protection Zone, does not exceed 150 square feet per lot. b. The outdoor use area is located at least ten feet from the upland of the top of bank of a stream. c. The permanent alteration of the Stream Bank Protection Zone by grading or by the placement of structures, fillor impervious surfaces isprohibited. Comment \[u11\]: Similar language added to Section A above so it applies to Pourous solid surfaces, with the exception of decks, may be installed in the outdoor all exempt activities. Removed from use area. individual exempt activities to delete repetition. Comment \[u12\]: c. No trees six inches diameter at breast height (dbh) are removed. d Permits the use of pervious materials for a patio in the outdoor area. ed. Plantings do not include plants on the City of Ashland’s Noxious and Invasive Plant List. Non-native vegetation may be used in the exempt outdoor use areas except new lawn is not permitted within the Stream Bank Protection Zone as outlined below. i. Using herbicides, pesticides or chemical fertilizers within the Stream Bank Protection Zone is not permitted in conjunction with outdoor uses. ii. New lawnis not permitted within the Stream Bank Protection Zone. Comment \[u13\]: Repetitive – covered previously under Section A above. 7. Trails - The establishment of trails where all of the following are met. Comment \[u14\]: Allows installation of unpaved trails in Stream Bank a. Trails shall be confined to a single ownership or be with a public trail easement. Protection Zones for private and public open spaces. Paved trails would be required to get a Type I land use approval. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 12 Ashland Planning Division b. The trail installation shall retain the general topography of the Stream Bank Protection Zone. c. Trail width shall not exceed thirty (30) inches, stair width shall not exceed fifty (50) inches, and trail grade shall not exceed twenty (20) percent except for the portion of the trail containing stairs. d. Plant trimming shall not exceed a height of eight (8) feet and a width of six (6) feet. e. Native trees larger than six (6) inches in diameter and breast height and native shrubs or conifers larger than five (5) feet tall shall not be removed. Tree removal shall be in accordance with the Tree Preservation and Protection Chapter 18.61. f. Trails shall not be paved with concrete, asphalt or comparable surfacing such as pervious concrete and asphalt. g. Trails shall be at least fifteen (15) feet from the top of bank from Riparian Corridors, and at least ten (10) feet from the top of bank from Local Streams and Intermittent and Ephemeral Streams. 8. 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. 9. Drainage Facility Maintenance – Maintenance of intentionally created wetlands, approved storm water quality facilities or surface water systems streams to maintain natural flow in Comment \[u15\]: To provide clarity as to when silt or vegetation can be accordance with agency-approved management plans. removed from natural and man-made drainage facilities such as wetlands and streams. 10. Legally Established Nonconforming Activities, Uses and Structures – Legally established nonconforming activities, uses and structures may continue subject to the following provisions. a.Structure Maintenanceand Expansion. Existing legally established nonconforming structures within or partially within a Stream Bank Protection Zone may be continued, used and maintained, but shall not have the existing building Comment \[u16\]: Language applies to nonconforming activities and uses, not to footprint or impervious surface expanded or enlarged unless the expansion or structures. enlargement occurs outside the Stream Bank Protection Zone. Additional stories may Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 13 Ashland Planning Division be added to existing structures in the Stream Bank Protection Zone if the existing building footprint does not change in size or shape and additional surface area in the Stream Bank Protection Zone is not disturbed. b.Fire and Natural Hazards. A primary structure that is legally established nonconforming may be rebuilt if damaged or destroyed by a fire or a natural hazard (e.g. flood).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. In non-residential zoning districts, legally established Comment \[u17\]: Provide cross reference to Ashland Code requirements. nonconforming structures may be rebuilt if damaged or destroyed by a fire or a Comment \[u18\]: natural hazard.Would exempt legally established nonconforming structures such as decks in C-1, E-1 and c.PreviouslyApproved Building Envelopes. A previously approved building M-1 zoning districts. envelope within or partially within a Stream Bank Protection Zone, which would be prohibited by this chapter or subject to the limitations and controls imposed by this Chapter, may be built upon as originally approved and does not have to meet the requirements of this Chapter if the following conditions are met: i. The building envelope was established and received City of Ashland Planning Division approval prior to the effective date of this ordinance. ii. The building envelope is located on a vacant lot. iii. The building envelope is located on a legally created lot or parcel of record which was created prior to the effective date of this ordinance. iv. Building permits are approved and construction is commenced there under within thirty-six (36) months from the effective date of this ordinance. Comment \[u19\]: Provides a time limit for nonconforming building envelopes. d.PreviouslyApproved Driveways. An approved driveway within or partially within a Stream Bank Protection Zone, which would be prohibited by this chapter or subject to the limitations and controls imposed by this Chapter, may be built as originally approved and does not have to meet the requirements of this Chapter if the following conditions are met. i. The driveway location was established and received City of Ashland Planning Division approval prior to the effective date of this ordinance. ii. The driveway location is identified on a vacant lot. iii. The driveway location is identified on will provide access to a legally created lot or parcel of record which was created prior to the effective date of this ordinance. iii. Building permits are approved and construction is commenced there under within thirty-six (36) months from the effective date of this ordinance. Comment \[u20\]: Provides a time limit for nonconforming driveways. e. Activities and Uses. Existing legally established nonconforming activities or uses within or partially within a Stream Bank Protection Zone may be continued but shall Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 14 Ashland Planning Division not have the activity or use increased, expanded, enlarged or intensified, unless the increase, expansion, enlargement or intensification occurs outside of the Stream Bank Protection Zone. f.CityPublic Facility Maintenance. Routine maintenance of City public piped drainage facilities, utilities and irrigation pumps, which were created or developed as part of a drainage or utility system, and which does not disturb additional riparian surface area. g. Private Facility Maintenance. Routine maintenance of existing private drainage facilities, utilities and irrigation pumps that do not disturb additional riparian surface area. streets, h.Access Maintenance. Maintenance of existing public and private roads, driveways and utility lines when located in city right-of-way or public easement, and which does not disturb additional riparian surface area. i.Access Paving, Repaving or Reconstruction. Paving, repaving or reconstruction of existing public and private streets and driveways if work disturbs no more than five percent (5%) additional surface area within the Stream Bank Protection Zone. Public streets and driveways shall be located in city right-of-way or public easement. Comment \[u21\]: Allows existing streets and driveways to be repaved and rebuilt. j.Discontinuance. Discontinued nonconforming activities or uses are deemed i abandoned after six months and may not be resumed except in full conformity with this Chapter. Discontinued nonconforming activities or uses may be resumed within six months from such discontinuance, but not thereafter, when demonstrating clear evidence of non-abandonment. No change or resumption of a nonconforming activity or use of land shall be permitted that will result in a greater adverse impact as measured against impacts associated with the former nonconforming activity or use of land. Impacts on the Water Resource’s values and functions such as water quality, fish and wildlife habitat, flood control capacity, and slope stability shall be considered when evaluating a request to change or resume a former nonconforming use. B. Exempt Activities Within Wetland Protection Zones. The following activities and uses do not in a Wetland require a permit or authorization from the City to be conducted or to continue Protection Zone, provided the following requirements are met. All disturbed soil surface areas shall be re-planted using local native plant species, erosion control material shall be applied (e.g. mulch, hay, jute-netting, or comparable) and temporary irrigation facilities shall be installed. Re- planting, erosion control and temporary irrigation shall be installed within 90 days of authorized land soil surface area disturbances. Soil disturbance shall not result in permanent changes to the topography of the Wetland Protection Zone. Similarly, uUsing herbicides, pesticides or chemical Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 15 Ashland Planning Division fertilizers in the Wetland Protection Zone shall not be permitted as part of the exempt activities below unless expressly authorized. All applicable state and federal permits have been or will be obtained prior to commencement of the activity or use. 1. Routine Planting - The planting of local native plant species or the replacement of non- native plants with local native plant species without the use of power-assisted machinery or equipment with hand-held equipment. 2. Landscaping and Tree Maintenance -The limitations imposed by this chapter do not include the routine maintenance of existing vegetation within a Wetland Protection Zone, provided that the following requirements are met. a. Using herbicides, pesticides or chemical fertilizers in the Wetlands Protection Zone shall not be permitted as part landscaping, lawn and tree maintenance activities. b.a 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 and with the American National Standards Institute (ANSI) standards for Tree Care Operations. 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.) 3. Trails - The establishment of trails where all of the following are met. Comment \[u22\]: Allows installation of unpaved trails in Wetland Protection Zones for private and public open spaces. a. Trails shall be confined to a single ownership or be with a public trail easement. Paved trails would be required to get a Type I land use approval. b. The trail installation shall retain the general topography of the Wetland Protection Zone. c. Trail width shall not exceed thirty (30) inches, stair width shall not exceed fifty (50) inches, and trail grade shall not exceed twenty (20) percent except for the portion of the trail containing stairs. d. Plant trimming shall not exceed a height of eight (8) feet and a width of six (6) feet. e. Native trees larger than six (6) inches in diameter and breast height and native shrubs or conifers larger than five (5) feet tall shall not be removed. Tree removal shall be in accordance with the Tree Preservation and Protection Chapter 18.61. f. Trails shall not be paved with concrete, asphalt or comparable surfacing such as pervious concrete and asphalt. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 16 Ashland Planning Division g. Trails construction shall be permitted within a wetland if approved by state and federal agencies. 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. 5. Legally Established Nonconforming Activities, Uses and Structures – Legally established nonconforming activities, uses and structures may continue subject to the following provisions. a.Structure Maintenance and Expansion. Existing legally established nonconforming structures within or partially within a Wetland Protection Zone may be continued, used and maintained, but shall not have the existing building footprint or Comment \[u23\]: Language applies to nonconforming activities and uses, not to impervious surface expanded or enlarged unless the expansion or enlargement structures. occurs outside the Wetland Protection Zone. Additional stories may be added to existing structures in the Wetland Protection Zone if the existing building footprint does not change in size or shape and additional surface area in the Wetland Protection Zone is not disturbed. b. Activities and Uses. Existing legally established nonconforming activities or uses within or partially within a Wetland Protection Zone may be continued but shall not have the activity or use increased, expanded, enlarged or intensified, unless the increase, expansion, enlargement or intensification occurs outside of the Wetland Protection Zone. c.Discontinuance. Discontinued nonconforming activities or uses are deemed abandoned after six (6) months and may not be resumed except in full conformity with this Chapter. Discontinued nonconforming activities or uses may be resumed within six months (6) from such discontinuance, but not thereafter, when demonstrating clear evidence of non-abandonment. No change or resumption of a nonconforming activity or use of land shall be permitted that will result in a greater adverse impact as measured against impacts associated with the former nonconforming activity or use of land. Impacts on the Water Resource’s values and functions such as water quality, fish and wildlife habitat, flood control capacity, and slope stability shall be considered when evaluating a request to change or resume a former nonconforming use. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 17 Ashland Planning Division 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 standards set forth in section 18.63.100.B070.C. A. Limited Activities and Uses within Stream Bank Protection Zones. 1. Channel and Riparian Enhancement Activities – Stream channel repair and enhancement as well as riparian habitat restoration and enhancement resulting in a net gain in ecological function. Channel and riparian enhancement activities not otherwise associated with development involving building, grading or paving are encouraged, and planning action application fees associated with reviewing these activities for compliance with applicable land use standards may be waived, at the discretion of the Staff Advisor. 2. Removal of Vegetation – Removal of vegetation from within a Stream BankProtection Zone is prohibited, except when authorized with the following limited activities and uses. a. Removal of non-native, invasive and/or noxious vegetation with power-assisted machinery or equipment. b. 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 allowed and would otherwise be subject to state and federal wetland permitting requirements. \[Note: The removal of any material from streams mapped as Essential Salmon Habitat by the Oregon Department of State Lands requires a wetland permit. Bear Creek, Ashland Creek, Neil Creek and Emigrant Creek are mapped as Essential Salmon Habitat.\] c. Hazardous Tree Removal. A hazard tree is a tree that is physically damaged to the degree that it is likely to fall and injure persons or property. In addition to the standards described in 18.63.070.C100.B, the application shall also address the standards for a Tree Removal Permit for hazard trees found in the Tree Preservation & Protection Chapter 18.61.080.A. d.Routine maintenance of City utilities and transportation facilities located within a Comment \[u24\]: Modified and moved to Section 4 below. Stream Bank Protection Zone that do not disturb additional surface area within the Protection Zone, provided the proposed maintenance complies with any applicable state and federal permitting requirements. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 18 Ashland Planning Division 3. Building, Paving, and Grading Activities -The permanent alteration of the Stream Bank Protection Zone by grading or by the placement of structures, fill or impervious surfaces is prohibited, except when authorized with the following limited activities and uses. a. The location and construction of public streets, bridges, utilities, pedestrian and multi-use path connections deemed necessary to maintain a functional system. This title, the Comprehensive Plan, Transportation System Plan, Utility Master Plans and other adopted documents shall guide this determination. Paving, repaving or reconstruction of existing public and private b. Replacement roads, streets and driveways if work disturbs more than five percent (5%) additional surface area within the Stream Bank Protection Zone. Public roads, streets and driveways shall be located in city right-of-way or public easement. c. Installation or replacement of city public and private drainage facilities, utilities, and irrigation pumps. d. Replacement of legally established nonconforming structures located within the original building footprint, except those legally established nonconforming primary structures exempted in 18.63.060.A.9.b, provided replacement does not disturb additional surface area within the Stream Bank Protection Zone. e. Erosion control and stream bank stabilization measures that have been approved by the Oregon Department of State Lands (DSL), the U.S. Army Corps of Engineers, or other state or federal regulatory agencies, and that utilize non-structural bio- engineering methods. f. 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. g. The installation of a bridge or similar, bottomless crossing structure for the purpose street, bicycle or pedestrian crossing, as well as to of constructing a public or private provide a means of access to an otherwise inaccessible or landlocked property. h. 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. 4. Routine Maintenance of Public Utilities - Routine maintenance of public utilities located Comment \[u25\]: Maintenance of public utilities is exempt in Section within a Stream Bank Protection Zone that disturbs additional surface area within the 18.63.060 Exempt Activities and Uses if Protection Zone, provided the proposed maintenance complies with any applicable state and additional surface area is not disturbed. federal permitting requirements. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 19 Ashland Planning Division B. Limited Activities and Uses Within Wetland Protection Zones. 1. Wetland Restoration and Enhancement Activities - Wetland restoration and enhancement activities resulting in a net gain in ecological function. Wetland restoration and enhancement activities not otherwise associated with development involving building, grading or paving are encouraged, and planning action application fees associated with reviewing these activities for compliance with applicable land use standards may be waived, at the discretion of the Staff Advisor. 2. Removal of Vegetation – Removal of vegetation from within a Wetland Protection Zone is prohibited, except when authorized with the following limited activities and uses. a. Removal of non-native, invasive and/or noxious vegetation with power-assisted machinery or equipment. b. Perimeter mowing and other cutting necessary for hazard prevention. c. Hazardous Tree Removal. A hazard tree is a tree that is physically damaged to the degree that it is likely to fall and injure persons or property, and such hazard or danger cannot reasonably be alleviated by treatment or pruning. In addition to the standards described in 18.63.070.C100.B, the application shall also address the standards for a Tree Removal Permit for hazard trees found in the Tree Preservation & Protection Chapter 18.61.080.A. d.Routine maintenance of City utilities and transportation facilities located within a Comment \[u26\]: Moved to below to Section 4 for consistency with previous Wetland Protection Area that do not disturb additional wetland surface area, provided Stream section. the proposed maintenance complies with any applicable State and Federal wetland permitting requirements. 3. Building, Paving and Grading Activities –The erection of structures, installation of impervious surfaces, grading, excavation, and placement fill within Wetland Protection Zones is prohibited, except when authorized with the following limited activities and uses. a. The location and construction of public streets, bridges, utilities, pedestrian and multi-use path connections deemed necessary to maintain a functional system and upon finding that no other another reasonable, alternate location outside the Wetland Protection Zone exists. This chapter, the Comprehensive Plan, Transportation System Plan (TSP), adopted utility master plans and other adopted documents shall guide this determination. b. Replacement of existing public and private roads, streets and driveways. Public roads, streets and driveways shall be located in city right-of-way or public easement. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 20 Ashland Planning Division c. Installation or replacement of public and private drainage facilities, utilities, and irrigation pumps. d. Routine maintenance of existing drainage facilities and utilities that disturbs lands within the Wetland Protection Zone provided that the applicant complies with applicable Sstate and Ffederal permitting requirements. e. Replacement of legally established nonconforming structures within the original building footprint, provided replacement does not disturb additional surface area with the Wetland Protection Zone. 4. Routine Maintenance of Public Utilities - Routine maintenance of public utilities located within a Wetland Protection Area that do not disturb additional wetland surface area, provided the proposed maintenance complies with any applicable state and federal wetland permitting requirements. C.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 18.63.070 shall be reviewed and a decision made through 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. The proposed activity shall be designed, located and constructed to minimize excavation, grading, the placement of structures and impervious surfaces, loss of native vegetation, erosion, and adverse hydrological impacts on Water Resources. All activities shall be located as far from streams and wetlands, designed to minimize intrusion into the Water Resources Protection Zone and use 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, the placement of structures and impervious surfaces, loss of native vegetation, erosion, and adverse hydrological impacts on Water Resources. 23. Excavation, grading and vegetation removal shall be avoided within the Stream Bank Protection Zone on stream beds or banks within the bank full stage, in wetlands, and on slopes of 25 percent or greater, except where no practicable alternative exists, or where necessary to construct public facilities or to ensure slope stability. 3. The following standards shall apply when construction activity is proposed in areas where vegetation is to be preserved within a Water Resources Protection Zone. a.Work areas on the immediate site shall be carefully identified and marked to reduce potential damage to trees and vegetation. Temporary construction fencing shall be Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 21 Ashland Planning Division placed at the drip line of trees bordering the work area. No equipment maneuvering, staging or stockpiling shall occur outside of designated work areas. b.Trees shall not be used as anchors for stabilizing equipment. c.Stockpiling of soil, or soil mixed with vegetation, shall not be permitted in Water Resource Protection Areas on a permanent basis. Temporary storage shall employ erosion control measures to ensure sediments are not transported to adjacent surface waters. Comment \[u27\]: Moved to Section 18.63.120 Mitigation Requirements. 4. Erosion control measures shall be employed to ensure sediments are not transported to the Water Resource. Erosion control measures shall be installed prior to site preparation or ground-disturbing activities, where applicable. Access roads, staging areas, storage areas and other areas of temporary disturbance necessary to complete the proposed activity shall be restored as soon as possible, but not more than 90 days after authorized land disturbance. Erosion control measures shall be in place concurrently with construction or establishment of the proposed activity. Temporary measures used for initial erosion control shall not be left in place permanently. Guidance on appropriate erosion control measures is contained in the Department of Environmental Quality publication Best Management Practices for Storm Water Discharges Associated With Construction Activities (DEQ Northwest Region 2006, or current upgrade). A copy of this document is available for review at the City of Ashland Planning Division. 5. Plans for stream channel repair and enhancement, riparian habitat restoration and enhancement plans and wetland restoration and enhancement are required and shall be submitted with the land use application. The plans shall be designed by a natural resource ederal and state and federal regulations and permitting professional, comply with all f requirements and conform to all local regulations and permit requirements related to flood areas. 6. The removal of vegetation in a Water Resource Protection Zone is limited to the minimum amount necessary to accommodate the activity. All applicable state and federal permits have Comment \[u28\]: Repetitive – covered inSection2 above. been or will be obtained prior to commencement of the activity or use. Comment \[u29\]: Moved section . a - d were “Approval Criteria for Water Resource Protection Zone Reductions in 7. Disturbed areas shall be re-planted and an additional area restored and enhanced with previous draft local native plant species at a 1:1.5 ratio.Plans for mitigation in accordance with 18.63.120 Comment \[u30\]: Moved to Section 18.63.120 Mitigation Requirements. are required and shall be submitted with the land use application. The plans shall be designed by a natural resource professional, unless expressly authorized, and comply with all federal and state regulations and permitting requirements and conform to all local regulations and permit requirements related to flood areas. 8. Re-planting activities shall follow these standards: Comment \[u31\]: Moved to Section 18.63.120 Mitigation Requirements.. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 22 Ashland Planning Division a.Re-plantingshall include ground cover, under story and tree canopy layers unless the site soils or substrate do not typically support the growth of one or more vegetation layers. b. Re-planting shall be with local native plant species. c.Planting densities and species composition shall be consistent with native riparian area plant communities in the immediate vicinity. Use of a reference site (a nearby site with an intact native riparian plant community) as guidance for developing a re- vegetation plan is recommended. d. Erosion control material shall be applied (e.g. mulch, hay, jute-netting, or comparable) to disturbed, re-planted areas. e. Temporary irrigation facilities shall be installed. f. A re-planting project shall include a planting plan map and description of the proposed plant species, size of plant materials, number of plants, spacing and installation methods. g.Native plant species that do not survive the first two years after planting shall be replaced. h. Re-planting shall occur within 90 days of removal. 98. Water, drainage and sewer systems shall be designed, located and constructed to avoid the infiltration of floodwaters into the system, and to avoid accidental discharges to rivers, streams and wetlands. 109. Bridges or similar, bottomless crossing structures located in Stream Bank Protection Zones for the purpose of constructing a public or private street, bicycle or pedestrian crossings shall employ the least invasive installation methods possible and conform to all local regulations and permit requirements related to flood areas. 1110. Public streets, bridges, utilities, pedestrian and multi-use path connections shall be located in Wetland Protection Zones only based upon a finding that no other reasonable, alternate location outside the Wetland Protection Zone exists. 18.63.080 Water Resource Protection Zones Reductions A. Water Resource Protection Zone Reductions. A Water Resource Protection Zone may be by the approval authority through a Type I land use procedure to reduced by up to 50 percent allow alteration within the Water Resource Protection Zone where it is demonstrated that equal or better protection for identified resources will be ensured through restoration, enhancement and Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 23 Ashland Planning Division mitigation measures. The approval authority may approve or approve with conditions a request for a Water Resource Protection Zone Reduction based upon findings that the approval criteria in 18.63.100.C and the following standards have been satisfied. 1. Pre-existing Lots-Forpre-existing lots, legally created prior to the implementation of this Comment \[u32\]: Section 1 for pre- existing lots and Section 2 (below) for ordinance, a Water Resource Protection Zone may be reduced by up to 50 percent when the lots proposed for creation combined for applicant demonstrates that equal or better protection for identified resources will be ensured simplicity. Distinction is not necessary under OAR and separate standards were through restoration, enhancement and mitigation measures, and that the approval criteria in repetitive. 18.63.100.C and thefollowing standards have been satisfied. A.a. The application of the full Water Resource Protection Zone to the lot or parcel renders it not buildable. The application demonstrates that equal or better protection for identified resources will Comment \[u33\]: Standard is similar to criteria for hardship variance, and is be ensured through restoration, enhancement and mitigation measures. too high of a threshold for a reduction. Bb. 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. i. Multi-story construction shall be used. 1 2ii. Parking spaces shall be minimized to no more than that required as a minimum for the use. 3iii. Pavement shall be minimized, and all pavement used shall be installed and maintained in a pervious paving material. 4iv. Engineering solutions shall be used to minimize additional grading and/or fill. Cc. The proposed use or activity is designed to minimize intrusion into the Water Resource Protection Zone through the use of up to a 50 percent reduction of any dimensional standards (e.g. required front, side and rear yard setbacks; required distance between buildings; or maximum building height) 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 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. 2. Lots Proposed for Creation-Lots proposed for creation through a land division must demonstrate the existence of a sufficient buildable area outside the Water Resource Protection Zone. A Water Resource Protection Zone Reduction may be proposed for newly Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 24 Ashland Planning Division created lots only when it can be demonstrated that the alterations proposed are to be offset by appropriate mitigation; that superior protection for the Water Resource will be ensured through restoration, enhancement and mitigation measures; and that the approval criteria in 18.63.100.Cand the following standards have been satisfied. a.The extent and nature of the proposed alteration or development will not create site disturbances to an extent greater than the minimum required for the use;. Comment \[u34\]: Repetitive of Standard 2 above. b.The proposal will result in no loss in area or function of the Water Resource: i. Any alteration permitted through a Water Resource Protection Zone Reduction shall be mitigated to ensure that there is no net loss of functions and no reduction in the area or spatial extent of Stream Bank or Wetland Protection Zones within the City of Ashland. Comment \[u35\]: Repetitive of Standard 1 above. D.ii. Any encroachment or change in on-site or off-site drainage characteristics which would adversely impact the Water Resource has been considered and mitigated. Ec.Where natural vegetation has been removed due to alteration or development, erosion control provisions consistent with those described in the Land Use Ordinance and the Engineering Design Standards for Public Improvements shall be implemented;Erosion control measures shall be employed to ensure sediments are not transported to the Water Resource. Erosion control measures shall be installed prior to site preparation or ground-disturbing activities, where applicable. Access roads, staging areas, storage areas and other areas of temporary disturbance necessary to complete the proposed activity shall be restored as soon as possible, but not more than 90 days after authorized land disturbance. Erosion control measures shall be in place concurrently with construction or establishment of the proposed activity. Temporary measures used for initial erosion control shall not be left in place permanently. Guidance on appropriate erosion control measures is contained in the Department of Environmental Quality publication Best Management Practices for Storm Water Discharges Associated With Construction Activities (DEQ Northwest Region 2006, or current upgrade). A copy of this document is available for review at the City of Ashland Planning Division. Comment \[u36\]: Use same requirement as used inlimited land use section for consistency For all Water Resource Protection Zone Reductions in Sections 1 and 2 above. 3. a.Required plans and information shall be the same as listed in section 18.63.100.A. b.Copies of all state and federal permit applications shall be submitted with development applications requiring compliance with this chapter. F. No significant adverse impacts to the structures, functions or values of the Water Resource, including but not limited to water quality, fish and wildlife habitat, flood control capacity, or slope stability will result from approval of the limited activity and/or use, and the application Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 25 Ashland Planning Division demonstrates that equal or better protection for the identified Water Resource will be ensured through restoration of disturbed areas within the Water Resource Protection Zone, enhancement of the Water Resource Protection Zone, or similar measures. G. The structures, functions and values of the Water Resource will be restored through the implementation of an enhancement and restoration strategy set forth in a mitigation plan prepared in accordance with the standards and requirements described in section 18.63.120. H. All applicable state and federal permits have been or will be obtained prior to commencement of the activity or use. Comment \[u37\]: Moved section . a - d were “Approval Criteria for Water Resource Protection Zone Reductions in previous draft c.The applicant shall enter into a two-year contract for installation and maintenance of local native plant species with the city. Financial security in an amount not less than 110 percent of the cost estimate for installation shall be provided. Comment \[u38\]: Repetitive – Included in Section 18.63.120 Mitigation Requirements. d.Restoration and enhancement shall be on a 1:1.5 area basis or such greater ratios as specified in this chapter for the requested activity. Thus, at a minimum, for every 100 square feet of Water Resource Protection Zone that is altered or used for development purposes, at least 150 square feet of the available remaining Water Resource Protection Zone shall be enhanced or restored. Priority shall be given to removal of noxious vegetation and planting of local native plant species, including ground cover, under-story and canopy, in non-vegetated areas or areas where noxious plant species are removed. The number and type of plant materials shall be specified in the contract but shall at a minimum comply with the following requirements: i. No noxious or invasive plants shall be installed and existing noxious or invasive plant materials shall be removed. ii. Plant materials shall be located in such a manner to maximize enhancement and restoration of the Water Resource Protection Zone, with particular emphasis on temperature reduction of watercourses, erosion control,bank stabilization, and wildlife habitat enhancement. iii. Installation standards within the required enhancement area are as follows: Ground cover shall be hydro-seeded or planted at two-foot intervals or such other interval established by the approval authority as sufficient to attain coverage of the required area within the two-year contract period. Under-story shall be minimum one-gallon materials planted at six- foot intervals or such other interval approved by the approval authority as sufficient to attain adequate coverage within the two-year contract period. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 26 Ashland Planning Division Canopy trees shall be planted at 20-foot intervals or such other interval as required to install all materials required for tree mitigation pursuant to the tree mitigation requirements of the Ashland Land Use Ordinance. Additional materials or other habitat enhancements are encouraged. Comment \[u39\]: Moved to Section 18.63.120 Mitigation Requirements. e. A Water Resource Protection Zone reduction agreement shall be recorded in the public records I to give notice of the restrictions and maintenance obligations and to ensure no further encroachment into the Water Resource Protection Zone occurs. f. The applicant may dedicate a conservation easement or equivalent protection instrument to the J city, homeowners association or a conservation organization, provided the form of the instrument is approved by the City Attorney and accepted by the council, if offered. Applicants should consult with their legal counsel or tax professionals about the tax advantages of conservation easements. g.The approval authority may impose such additional reasonable conditions to mitigate other identified impacts resulting from development on the site. 18.63.090 Hardship Variances In cases where the limitations on activities within a Water Resource Protection Zone unduly restrict the development or use of a legally created lot or parcel of record legally created before the effective date of this ordinance, and the proposal cannot meet the standards for a Water Resource Protection Zone Reduction found in sections 18.63.090.B and 18.63.100.C,a property Comment \[u40\]: Moved to the approval criteria – new Criteria A. owner may request a Hardship Variance. Hardship Variances to the provisions of this chapter shall be processed under a Type II land use procedure, shall meet the approval criteria in 18.63.100.D, and are not subject to the Variance requirements of Chapter 18.100. Hardship Variances described shall be reviewed and a decision made through a Type II land use procedure. Hardship Variances are not subject to the Variance requirements of Chapter 18.100. A. Approval Criteria for Hardship Variances.AllHardship Variances described in section 18.63.090.Cshall be reviewed and a decision made through a Type II land use procedure. Hardship Variances are not subject to the Variance requirements of Chapter 18.100. The approval authority may approve or approve with conditions a request for a Hardship Variance based upon findings that the following approval criteria have been satisfied. A. The proposal cannot meet the standards for a Water Resource Protection Zone Reduction found in sections 18.63.080. B1. Strict adherence to the provisions described in this chapter would effectively preclude use of the property that could reasonably be expected to occur on similarly zoned parcels, and the property owner would be precluded a substantial property right enjoyed by the majority of landowners in the vicinity. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 27 Ashland Planning Division C2. The proposed activity or use of land would have been permitted prior to the effective date of this ordinance. D3. The applicant has explored all other reasonable options available under this chapter and throughout the Land Use Ordinance to relieve the hardship. 4. The Variance is the minimum necessary to permit use of the property in a manner that could E reasonably be expected to occur on similarly zoned parcels in the vicinity. 5. Adverse impacts on the structures, functions or values of the resource including water quality, F erosion, or slope stability that would result from approval of this hardship variance have been minimized and will be mitigated to the greatest extent possible through restoration and enhancement of the Water Resource Protection Zone in accordance with an approved mitigation plan. G6. The applicant has agreed to implement a mitigation and management plan prepared in accordance with the standards and requirements described in section 18.63.120. H7. All applicable state and federal permit approvals have been or will be obtained prior to commencement of the activity or use. 18.63.08100 Additional Requirements Approval Standards for Land Divisions and Property Line Adjustments Within Water Resource Protection Zones Planning applications and procedures containing Water Resource Protection Zones and involving the division of land or lot line adjustments shall comply with the following provisions. A. Building Envelope Established. Each lot shall contain a building envelope outside the Water Resource Protection Zone of sufficient size to permit the establishment of the use and associated accessory uses. B. Conservation Area. Performance Standards Option,Subdivision and Partition applications shall include the Water Resource Protection Zone within a conservation easement or recorded development restriction, which stipulates that the use or activity within the Water Resource Protection Zone shall be consistent with the provisions of this chapter. The approval authority may require that the Water Resource Protection Zone be included in a separate tract of land managed by a homeowners’ association or other common ownership entity responsible for preservation. C. Density Transfer. Density calculated from the land area contained within the Water Resource Protection Zone may be transferred to lands outside the Water Resource Protection Zone provided the following standards are met. 1. Partitions and subdivisions involving density transfer shall be processed under the Performance Standards Options Chapter 18.88 of the Ashland Municipal Code. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 28 Ashland Planning Division 2. A map shall be submitted showing the land area not within the Water Resource Protection Zone to which the density will be transferred. 3. The Water Resource Protection Zone shall be included in a separate preservation tract to be managed by a homeowner’s association or other common ownership entity responsible for management of the area. 4. Density may only be transferred within the subject property or to a lot or lots contiguous to the subject property and within the same ownership. 5. The density transferred to lands not within the Water Resource Protection Zone may not be increased to more than one and a half (1.5) times the base density of the underlying zoning district. Fractional units are to be rounded down to the nearest whole number. D. Management Plan. Long term conservation, management and maintenance of the Water Resource Protection Zone consistent with the requirements of this chapter shall be ensured through preparation and recordation of a management plan as described in 18.63.1120.B.2.ef. E. Mitigation Requirements. The approval authority may require a mitigation plan in accordance with the requirements of 18.63.120 to mitigate impacts resulting from land divisions. FE. Exemptions for a Public Purpose. An exemption to the requirements described above shall be granted for lots created for public park purposes, or privately-owned tracts created for the sole purpose of conserving in perpetuity the natural functions and values of the lands contained within the Water Resource Protection Zone. 18.63.090Map Errors and Adjustments, Water Resource Protection Zone Reductions, and Hardship Variances A. Map Errors and Adjustments. The Staff Advisor may authorize a correction to a wetland on Comment \[u41\]: Moved to new separate section - Section 18.63.130 Map the Ashland Water Resources Mapwhen the applicant has shown that a mapping error has Errors and Adjustments. occurred and the error has been verified by the Oregon Department of State Lands (DSL). Delineations verified by DSL shall be used to automatically update the Ashland Water Resources Map and record the wetland delineation document. No formal variance application or plan amendment is required for map corrections where an approved delineation with a DSL letter of concurrence is provided. Approved delineations shall be subject to the terms of expiration set forth in the DSL approval. B. Water Resource Protection Zone Reductions.A Water Resource Protection Zone may be Comment \[u42\]: Moved to Section 18.63.080 Water Resource Protection reduced by the approval authority through a Type I land use procedure to allow alteration within Zone Reductions. the Water Resource Protection Zone where it is demonstrated that equal or better protection for identified resources will be ensured through restoration, enhancement and mitigation measures. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 29 Ashland Planning Division Theapproval authority may approve or approve with conditions a request for a Water Resource Protection Zone Reduction based upon findings that the approval criteria in 18.63.100.C and the following standards have been satisfied. 1. Pre-existing Undeveloped Lots-For pre-existing undeveloped lots, legally created prior to the implementation of this ordinance, a Water Resource Protection Zone may be reduced by up to 50 percent when the applicant demonstrates that equal or better protection for identified resources will be ensured through restoration, enhancement and mitigation measures, and that the approval criteria in 18.63.100.C and thefollowingstandards have been satisfied. a.The application of the full Water Resource Protection Zone to the lot or parcel renders it not buildable. b.The proposed development shall minimize disturbance to the Water Resource Protection Zone by utilizing design options to minimize or reduce impacts of development. i.Multi-story construction shall be used. Parking spaces shall be minimized to no more than that required as a minimum ii. for the use. iii. Pavement shall be minimized, and all pavement used shall be installed and maintained in a pervious paving material. iv. Engineering solutions shall be used to minimize additional grading and/or fill. c.The proposed use or activity is designed to minimize intrusion into the Water Resource Protection Zone through the use of up to a 50 percent reduction of any dimensional standards (e.g. required front, side and rear yard setbacks; required distance between buildings; or maximum building height) 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 dimensional standards may not be used to reduce required Solar Access setbacks without evidence of agreement by the effected property owner(s) to the norththrough a concurrent Solar Access Variance applicationas described in section 18.70.060. 2. Lots Proposed for Creation-Lots proposed for creation through a land division must demonstrate the existence of a sufficient buildable area outside the Water Resource Protection Zone. A Water Resource Protection Zone Reduction may be proposed for newly created lots only when it can be demonstrated that the alterations proposed are to be offset by appropriate mitigation; that superior protection for the Water Resource will be ensured through Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 30 Ashland Planning Division restoration, enhancement and mitigation measures; and that the approval criteria in 18.63.100.Cand the following standards have been satisfied. a.The extent and nature of the proposed alteration or development will not create site disturbances to an extent greater than the minimum required for the use; The proposal will result in no loss in area or function of the Water Resource: b. i. Any alteration permitted through a Water Resource Protection Zone Reduction shall be mitigated to ensure that there is no net loss of functions and no reduction inthe area or spatial extent of Stream Bank or Wetland Protection Zones within the City of Ashland. ii. Any encroachment or change in on-site or off-site drainage characteristics which would adversely impact the Water Resource has been considered and mitigated. c.Where natural vegetation has been removed due to alteration or development, erosion control provisions consistent with those described in the Land Use Ordinance and the Engineering Design Standards for Public Improvements shall be implemented; 3. For all Water Resource Protection Zone Reductions in Sections 1 and 2 above. a.Required plans and information shall be the same as listed in section 18.63.100.A. b.Copies of all state and federal permit applications shall be submitted with development applications requiring compliance with this chapter. c.The applicant shall enter into a two-year contract for installation and maintenance of local native plant species with the city. Financial security in an amount not less than 110 percent of the cost estimate for installation shall be provided. Restoration and enhancement shall be on a 1:1.5 area basis or such greater ratios d. as specified in this chapter for the requested activity. Thus, at a minimum, for every 100 square feet of Water Resource Protection Zone that is altered or used for development purposes, at least 150 square feet of the available remaining Water Resource Protection Zone shall be enhanced or restored. Priority shall be given to removal of noxious vegetation and planting of local native plant species, including ground cover, under-story and canopy, in non-vegetated areas or areas where noxious plant species are removed. The number and type of plant materials shall be specified in the contract but shall at a minimum comply with the following requirements: Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 31 Ashland Planning Division i. No noxious or invasive plants shall be installed and existing noxious or invasive plant materials shall be removed. ii. Plant materials shall be located in such a manner to maximize enhancement and restoration of the Water Resource Protection Zone, with particular emphasis on temperature reduction of watercourses, erosion control,bank stabilization, and wildlife habitat enhancement. iii. Installation standards within the required enhancement area are as follows: Ground cover shall be hydro-seeded or planted at two-foot intervals or Formatted: Bullets and Numbering such other interval established by the approval authority as sufficient to attain coverage of the required area within the two-year contract period. Under-story shall be minimum one-gallon materials planted at six-foot intervals or such other interval approved by the approval authority as sufficient to attain adequate coverage within the two-year contract period. Canopy trees shall be planted at 20-foot intervals or such other interval as required to install all materials required for tree mitigation pursuant to the tree mitigation requirements of the Ashland Land Use Ordinance. Additional materials or other habitat enhancements are encouraged. e.AWater Resource Protection Zone reduction agreement shall be recorded in the public records to give notice of the restrictions and maintenance obligations and to ensure no further encroachment into the Water Resource Protection Zone occurs. The applicant may dedicate a conservation easement or equivalent protection f. instrument to the city, homeowners association or a conservation organization, provided the form of the instrument is approved by the City Attorney and accepted by the council, if offered. Applicants should consult with their legal counsel or tax professionals about the tax advantages of conservation easements. g.The approval authority may impose such additional reasonable conditions to mitigate other identified impacts resulting from development on the site. C. Hardship Variances. In cases where the limitations on activities within a Water Resource Protection Zone unduly restrict the development or use of a lot or parcel legally created before the effective date of this ordinance, and the proposal cannot meet the standards for a Water Resource Protection Zone Reductionfound in sections 18.63.090.B and 18.63.100.C,a property owner may request a Hardship Variance. Hardship Variances to the provisions of this chapter shall be processed under a Type II land use procedure, shall meet the approval criteria in 18.63.100.D,and are not subject to the Variance requirements of Chapter 18.100. 18.63.1010 Approval Process – Determination of Compliance Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 32 Ashland Planning Division A. Application – Required Plans and Information. The following plans and information shall be submitted with the application for activities and uses in a Water Resource Protection Zone which are required to be processed under a Type I or Type II land use procedure including Limited Activities and Uses, Water Resource Protection Zone Reductions and Hardship Variances. 1. A narrative description of all proposed activities and uses including the extent to which any Water Resource Protection Zone is proposed to be altered or affected as a result of the proposed development activity or use (in terms both of square footage of surface disturbance and cubic yards of overall disturbance). 2. Written findings of fact addressing all applicable approval development standards and approval criteria. 3. Site development plan map, drawn to scale. a.For Applications Involving Only a Single-Family Residence on a Pre-existing Lot– For applications involving only a single-family residence located on a legally Comment \[u43\]: Repetitive – combined with section below. Only created lot of record which was created prior to the effective date of this ordinance, difference was allowance for single- the application shall include a site map of the subject property that includes the family residences on pre-existing lots to have a field determination of the information described below. The Staff Advisor may require additional information protection zone. based upon the character of the site or the specific nature of the proposal. i.All watercourses identified (including any drainage ways, ponds, etc). ii.Surveyed location of the Water Resource Protection Zone, as described in section 18.63.050. In lieu of a surveyed location, the Staff Advisor may approve a field determination of the Water Resource Protection Zone by the Staff Advisor or his/her designee–the applicant shall be required to stake the top-of-bank or the upland-wetland edge and the boundary of the Water Resource Protection Zone. iii. For activities and use proposed within a Stream Bank Protection Zone: identification of the stream as being either fish-bearing or non-fish-bearing; identification of the top-of-bank; and location of the stream’s floodway and floodplain, if applicable.In lieu of a surveyed location, the Staff Advisor may approve a field determination of the top-of-bank location by the Staff Advisor or his/her designee – the applicant shall be required to stake the top-of-bank and the boundary of the Stream Bank Protection Zone. iv. For activities and uses proposed within a Wetland Protection Zone: a wetland delineation (with an accompanying site map) prepared by a natural resource professional and that has been concurred with by the Oregon Department of State Lands (DSL); and an aerial photo with the wetland boundaries identified. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 33 Ashland Planning Division v. Applications involving Wetland Protection Zone Reductions shall include a design and detailed plan prepared by a natural resource professional for the construction of a vegetated swale or comparable natural system within the buffer area for the purpose of treating storm water. vi.Topographic information at 2-foot contour increments identifying both existing grades and proposed grade changes. vii.Locations of all trees six-inches in diameter at breast height (d.b.h.) or greater located on the property and upon adjacent properties within 15-feet of the property line, identified by edge of canopy, diameter at breast height and species; viii.The outlines of non-tree vegetation, with a dominant species and any occurrence of non-native, invasive species identified. ix.Location of existing and proposed development, including all existing and proposed structures, any areas of fill or excavation, stream or wetland crossings, alterations to vegetation, or other alterations to the site’s natural state. x.The location of natural features, structures, and other improvements associated with lands within 150-feet of the proposal. xi.Land uses within 100-feet of the water resource’s edge. xii.The location of temporary fencing and erosion control measures installed to prevent encroachment and flow of material into the Water Resource Protection Zone, such as sediment fencing and hay bales, etc. xiii.North arrow and scale. xiv.Sources of information (federal, state and local). b.For All Other Applications–For all other applications not covered in section a above, tThe application shall include a site map of the subject property prepared by a licensed surveyor, civil engineer or other design professional that includes the information described below. The Staff Advisor may request additional information based upon the character of the site or the specific nature of the proposal. ai. All watercourses identified (including any drainage ways, ponds, etc). bii. Surveyed location of the Water Resource Protection Zone, as described in section 18.63.050. For applications involving only a single-family residence located on a legally created lot or parcel of record, in lieu of a surveyed location, the Staff Advisor Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 34 Ashland Planning Division may approve a field determination of the Water Resource Protection Zone by the Staff Advisor or his/her designee in which the applicant shall be required to stake the top- of-bank or the upland-wetland edge and the boundary of the Water Resource Protection Zone. ciii. For activities and use proposed within a Stream Bank Protection Zone: identification of the stream as being either fish-bearing or non-fish-bearing; identification of the top-of-bank or center line as required; and surveyed location of the stream’s floodway and floodplain, if applicable. div. For activities and uses proposed within a Wetland Protection Zone: a wetland delineation (with an accompanying site map) prepared by a natural resource professional and that has been concurred with by the Oregon Department of State Lands (DSL); and an aerial photo with the wetland boundaries identified. v. Applications involving Wetland Protection Zone Reductions shall include a design and detailed plan prepared by a natural resource professional for the construction of a vegetated swale or comparable natural system within the buffer area for the purpose of treating storm water. Comment \[u44\]: Repetitive – covered in Section d above. evi. Topographic information at 2-foot contour increments identifying both existing grades and proposed grade changes. vii. Surveyed locations of all trees six-inches in diameter at breast height (d.b.h.) or f greater located on the property and upon adjacent properties within 15-feet of the property line, identified by edge of canopy, diameter at breast height and species; gviii. The outlines of non-tree vegetation, with a dominant species and any occurrence of non-native, invasive species identified. hix. Location of existing and proposed development, including all existing and proposed structures, any areas of fill or excavation, stream or wetland crossings, alterations to vegetation, or other alterations to the site’s natural state. ix. The location of natural features, structures, and other improvements associated with lands within 150-feet of the proposal. jxi. Land uses within 100-feet of the water resource’s edge. kxii. The location of temporary fencing and erosion control measures installed to prevent encroachment and flow of material into the Water Resource Protection Zone, such as sediment fencing and hay bales, etc. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 35 Ashland Planning Division lxiii. North arrow and scale. xiv. Sources of information (federal, state and local). m 4. Mitigation Plan prepared in accordance with the requirements described in section 18.63.1120.B. B. Approval Standards for Limited Activities and Uses in Water Resource Protection Zones. Comment \[u45\]: Moved to Section 18.63.070 Limited Activities and Uses. All Limited Activities and Uses within Water Resource Protection Zones described in section 18.63.070shall be reviewed and a decision made through 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.The proposed activity shall be designed, located and constructed to minimize excavation, grading, the placement of structures and impervious surfaces, loss of native vegetation, erosion, and adverse hydrological impacts on Water Resources. All activities shall be located as far from streams and wetlands, designed to minimize intrusion into the Water Resources Protection Zone and use as little of the surface area of the Water Resource Protection Zone, as practicable. 2. Excavation, grading and vegetation removal shall be avoided within the Stream Bank Protection Zone on stream beds or banks within the bank full stage, in wetlands, and on slopes of 25 percent or greater, except where no practicable alternative exists, or where necessary to construct public facilities or to ensure slope stability. 3.The following standards shall apply when construction activity is proposed in areas where vegetation is to be preserved within a Water Resources Protection Zone. a.Work areas on the immediate site shall be carefully identified and marked to reduce potential damage to trees and vegetation. Temporary construction fencing shall be placed at the drip line of trees bordering the work area. No equipment maneuvering, staging or stockpiling shall occur outside of designated work areas. b.Trees shall not be used as anchors for stabilizing equipment. Stockpiling of soil, or soil mixed with vegetation, shall not be permitted in Water c. Resource Protection Areas on a permanent basis. Temporary storage shall employ erosion control measures to ensure sediments are not transported to adjacent surface waters. 4.Erosion control measures shall be employed to ensure sediments are not transported to the Water Resource. Erosion control measures shall be installed prior to site preparation or Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 36 Ashland Planning Division ground-disturbing activities, where applicable. Access roads, staging areas, storage areas and other areas of temporary disturbance necessary to complete the proposed activity shall be restored as soon as possible, but not more than 90 days after authorized land disturbance. Erosion control measures shall be in place concurrently with construction or establishment of the proposed activity. Temporary measures used for initial erosion control shall not be left in place permanently. Guidance on appropriate erosion control measures is contained in the Department of Environmental Quality publicationBest Management Practices for Storm Water Discharges Associated With Construction Activities (DEQ Northwest Region 2006, or current upgrade). A copy of this document is available for review at the City of Ashland Planning Division. 5. Plans for stream channel repair and enhancement, riparian habitat restoration and enhancement plans and wetland restoration and enhancement are required and shall be submitted with the land use application. The plans shall be designed by a natural resource professional, comply with allfederal and state regulations and permitting requirements and conform to all local regulations and permit requirements related to flood areas. 6. The removal of vegetation in a Water Resource Protection Zone is limited to the minimum amount necessary to accommodate the activity. 7. Disturbed areas shall be re-planted and an additional area restored and enhanced with local native plant species at a 1:1.5 ratio. .Re-planting activities shall follow these standards: 8 a.Re-planting shall include ground cover, under story and tree canopy layers unless the site soils or substrate do not typically support the growth of one or more vegetation layers. b.Re-planting shall be with local native plant species. c.Planting densities and species composition shall be consistent with native riparian area plant communities in the immediate vicinity. Use of a reference site (a nearby site with an intact native riparian plant community) as guidance for developing a re- vegetation plan is recommended. Erosion control material shall be applied (e.g. mulch, hay, jute-netting, or d. comparable) to disturbed, re-planted areas. e. Temporary irrigation facilities shall be installed. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 37 Ashland Planning Division f.A re-planting project shall include a planting plan map and description of the proposed plant species, size of plant materials, number of plants, spacing and installation methods. g.Native plant species that do not survive the first two years after planting shall be replaced. h. Re-planting shall occur within 90 days of removal. .Water, drainage and sewer systems shall be designed, located and constructed to avoid 9 the infiltration of floodwaters into the system, and to avoid accidental discharges to rivers, streams and wetlands. 10. Bridges or similar, bottomless crossing structures located in Stream Bank Protection Zones for the purpose of constructing a public street, bicycle or pedestrian crossings shall employ the least invasive installation methods possible and conform to all local regulations and permit requirements related to flood areas. 11. Public streets, bridges, utilities, pedestrian and multi-use path connections shall be located in Wetland Protection Zones only based upon afinding that no other reasonable, alternate location outside the Wetland Protection Zone exists. C.Approval Criteria forWater Resource Protection Zone Reductions.All Water Resource Comment \[u46\]: Moved to Section 18.63.080 Water Resource Protection Protection Zone Reductions described in 18.63.090.Bshall be reviewed and a decision made Zones Reductions. through a Type I land use procedure.Theapproval authority may approve or approve with conditions a request for a Water Resource Protection Zone Reduction based upon findings that the standards in 18.63.090.B and the following approval criteria have been satisfied. 1. The alteration of the Water ResourceProtection Zoneis the minimum necessary to efficiently perform the proposed activity and/or use. No significant adverse impacts to the structures, functions or values of the Water Resource, 2. including but not limited to water quality, fish and wildlife habitat, flood control capacity, or slope stability will result from approval of the limited activity and/or use, and the application demonstrates that equal or better protection for theidentified Water Resource will be ensured through restoration of disturbed areas within the Water Resource Protection Zone, enhancement of the Water Resource Protection Zone, or similar measures. Thestructures, functions and values of the Water Resource will be restored through the 3. implementation of an enhancement and restoration strategy set forth in a mitigation plan prepared in accordance with the standards and requirements described in section 18.63.110.B. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 38 Ashland Planning Division 4. All applicable state and federal wetland permits have been obtained or will be obtained prior to commencement of the activity or use. D. Approval Criteria forHardship Variances.AllHardship Variances described in section Comment \[u47\]: Moved to Section 18.63.090Hardship Variances. 18.63.090.Cshall be reviewed and a decision made through a Type II land use procedure. Hardship Variances are not subject to the Variance requirements of Chapter 18.100. The approval authority may approve or approve with conditions a request for a Hardship Variance based upon findings that thefollowing approval criteria have been satisfied. Strict adherence to the provisions described in this chapter would effectively preclude use 1. of the property that could reasonably be expected to occur on similarly zoned parcels, and the property owner would be precluded a substantial property right enjoyed by the majority of landowners in the vicinity. 2. The proposed activity or use of land would have been permitted prior to the effective date of this ordinance. 3. The applicant has explored all other reasonable options available under this chapter and throughout the Land Use Ordinance to relieve the hardship. 4. The Variance is the minimum necessary to permit use of the property in a manner that could reasonably be expected to occur on similarly zoned parcels in the vicinity. Adverse impacts on the structures, functions or values of the resource including water 5. quality, erosion, or slope stability that would result from approval of this hardship variance have been minimized and will be mitigated to the greatest extent possible through restoration and enhancement of the Water Resource Protection Zone in accordance with an approved mitigation plan. 6. The applicant has agreed to implement a mitigation and management plan. 7. All applicable state and federal permit approvals have been or will be obtained. E. Building Permits and Development Activities. When approval of a planning application is B not required, other permit applications for the construction of structures or other development activities on properties containing Water Resource Protection Zones shall be reviewed by the Staff Advisor, or his or her designee, to assure that Water Resource Protection Zones are accurately identified on a site plan and that Limited Activities and Uses or other site disturbances will not be conducted within the Water Resource Protection Zone. 1. Temporary Fencing and Erosion Control Measures - Temporary fencing and erosion control measures may be required to be installed to prevent encroachment and flow of material or other debris into the Water Resource Protection Zone and to otherwise prevent Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 39 Ashland Planning Division impacts to the Water Resource Protection Zone by clearly identifying its boundaries. When required, these measures shall be installed and site-verified by the Staff Advisor before any permits are issued and prior to the commencement of excavation, grading, site clearing, construction or similar site work resulting in changes to the land. CF. Required Information Waived – Determination. Applications for Limited Activities and Uses, building permit and other development activitiesunder this chapter involving properties containing a Water Resource Protection Zone shall accurately indicate the locations of these features and all other information as described and required above. The Staff Advisor may waive elements of the site development plan map in one or more of the required submittals 18.63.110.A.3if evidence is provided conclusively demonstrating that proposed excavation, Comment \[u48\]: Provides more specificity as to what application grading, site clearing, construction or similar actions resulting in changes to the property are not submittals can be waived. For example, located within the boundaries of the Water Resource Protection Zone. if there are trees on a property 200 feet from the riparian corridor, the Staff Advisor could determine that these trees 18.63.1120 Mitigation Requirements would not need to be surveyed. A. When a Mitigation Plan is Required. A mitigation plan is required for applications that involve: Limited Activities and Uses within a Water Resource Protection Zone, Water Resource Protection Zone Reductions, Hardship Variances, or as otherwise stipulated by the approval authority as a condition of approval. B. Mitigation Plan Requirements. 1. For Applications Involving Only a Single-Family Residence on a Pre-existing Lot and Limited Activities and Uses - For applications involving only a single-family residence Comment \[u49\]: Limited Activities and Uses are narrow in scope and located on a legally created lot or parcel of record which was created prior to the effective date probably should have the ability to do a of this ordinance or Limited Activities and Uses, the applicant may follow a prescriptive more streamlined mitigation plan. mitigation plan available separately form the City of Ashland Planning Division addressing the following standards, or meet the mitigation plan requirements in section 2 below. a.Vegetation Preservation and Construction Staging. The following standards shall apply when construction activity is proposed in areas where vegetation is to be preserved within a Water Resources Protection Zone. i. Work areas on the immediate site shall be carefully identified and marked to reduce potential damage to trees and vegetation. Temporary construction fencing shall be placed at the drip line of trees bordering the work area. No equipment maneuvering, staging or stockpiling shall occur outside of designated work areas. ii. Trees shall not be used as anchors for stabilizing equipment. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 40 Ashland Planning Division iii. Stockpiling of soil, or soil mixed with vegetation, shall not be permitted in Water Resource Protection Areas on a permanent basis. Temporary storage shall employ erosion control measures to ensure sediments are not transported to adjacent surface waters. b.Restoration. Disturbed areas shall be re-planted and an additional area restored, re-planted and enhanced at a 1:1.5 ratio. Re-planting activities shall follow these standards: i. Priority shall be given to removal of noxious and invasive vegetation and planting of local native plant species. ii. Plant materials shall be located in such a manner to maximize enhancement and restoration of the Water Resource Protection Zone, with particular emphasis on temperature reduction of watercourses, erosion control, bank stabilization and wildlife habitat enhancement. iii. Re-planting shall include ground cover, under story and tree canopy layers unless the site soils or substrate do not typically support the growth of one or more vegetation layers. iv. Re-planting shall be with local native plant species. The use of noxious and invasive plants are prohibited. v. Planting densities and species composition shall be consistent with native riparian area plant communities in the immediate vicinity. Use of a reference site (a nearby site with an intact native riparian plant community) as guidance for developing a re-vegetation plan is recommended. vi. Ground cover shall be hydro-seeded or planted at two-foot intervals or such other interval established by the approval authority as sufficient to attain coverage of the required area within a two-year period. vii. Under-story plantings shall be a minimum one-gallon materials planted at six- foot intervals or such other interval approved by the approval authority as sufficient to attain adequate coverage within a two-year period. viii. Canopy trees shall be planted at 20-foot intervals or such other interval as required to install materials required for tree mitigation pursuant to the tree mitigation requirements of the Ashland Land Use Ordinance. ix. Erosion control material shall be applied (e.g. mulch, hay, jute-netting, or comparable) to disturbed, re-planted areas. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 41 Ashland Planning Division x. Temporary irrigation facilities shall be installed. xi. Native plant species that do not survive the first two years after planting shall be replaced. xii. Re-planting shall occur within 90 days of authorized land disturbance. xiii. A re-planting project shall include landscape and irrigation plans, with details addressing the proposed plant species, size of plant materials, number of plants, timing of plantings, plant spacing and installation methods. Plant sources and suppliers shall be identified c. Herbicides, Pesticides and Fertilizers. Using herbicides, pesticides or chemical fertilizers in a Water Resources Protection Zone shall not be permitted unless in compliance with state and federal regulations and any necessary permits are obtained. 2. For All Other Applications – For all other applications not covered in section 1 above, the mitigation plan shall contain at a minimum the following components. a. Objectives and Standards of Mitigation. A mitigation plan shall state specific plan objectives and establish clear and measurable standards for determining if stated objectives have been accomplished. For example, the objective might be to restore or enhance the shade canopy within a Stream Bank Protection Zone to benefit fish and reduce water temperature, while the standard might be a certain percentage of shade canopy coverage at the end of one year and 100 percent shade canopy coverage after three years. b.Assessment of Water Resource Protection Zone Structures, Functions and Values. A mitigation plan shall include an assessment of the structures, functions and values (i.e. water quality, flood control, habitat, etc.) that will be adversely impacted by the proposed alterations of the Water Resource Protection Zone and a clear explanation of how these impacts are to be mitigated. c.Mitigation Site/Grading Plan. A statement and detailed plan of the location, elevation, and hydrology of the mitigation area, including a grading plan at two-foot contour intervals. For applications involving Wetland Protection Zones, the application shall demonstrate that plants have adequate access to site hydrology. For applications involving Stream Bank Protection Zones, the grading plan shall identify newly planted areas and include slope stabilizing measures to prevent erosion, ensure vegetative coverage and limit plant mortality. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 42 Ashland Planning Division d.Landscape Plan. The landscape plan shall be size- and species-specific, with details addressing the timing of plantings, proposed plant placement and plant spacing. Priority shall be given local native plant species. Plant sources and suppliers shall be identified. Plants identified as noxious, invasive, or non-native are prohibited. e.Herbicides, Pesticides and Fertilizers. Using herbicides, pesticides or chemical fertilizers in a Water Resources Protection Zone shall not be permitted unless in compliance with state and federal regulations and any necessary permits are obtained. Comment \[u50\]: Previously, similar language included under exempt section, but was not addressed for land use fe.Management Plan. As a condition of approval, except in the case of an existing applications. lot containing only a single family home, the applicant shall implement a management plan for the Water Resource Protection Zone and resource areas under the applicant’s ownership or control, including the areas restored and enhanced to assure long term conservation and maintenance. The management plan shall detail proposed monitoring and maintenance, and shall include a schedule delineating how completed projects will be monitored and reported to the Staff Advisor. The management plan shall contain the following requirements. i. The approved mitigation plan. ii. Identification of Water Resources and Water Resource Protection Zone management practices to be conducted and proposed intervals. iii. Provisions for the ongoing removal and management of noxious or invasive vegetation and debris. iv. Provisions for the protection of protected plant and animal species in accordance with recommendations from applicable state and federal agencies. v. Specific provisions for city enforcement of the management plan. vi. Any additional measures deemed necessary to protect and maintain the structures, functions and values of the Water Resource Protection Zone (e.g., signage delineating preservation boundaries). vii. Provisions for the perpetual protection and maintenance of the Water Resource and Water Resource Protection Zone including but not limited to the following. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 43 Ashland Planning Division viii. Recordation of a conservation easement or Conditions, Covenants, and Restrictions (CC&Rs) which prescribe the conditions and restrictions set forth in the approved land use application, development permit, building permit, or proposed public facilities plans, and any imposed by state or federal permits. ix. Transfer of the ownership and maintenance responsibilities for the area to a willing public agency, non-profit association or private conservation organization with a recorded conservation easement prescribing the conditions and restrictions set forth in the approved land use application, development permit, building permit, or proposed public facilities plans, and any imposed by state or federal permits. x. Other mechanisms addressing long-term protection, maintenance and mitigation consistent with the purposes and requirements of this ordinance as deemed appropriate and acceptable by the approval authority. xi. The following statements. “There shall be no alteration of the Water Resource Protection Zones as delineated and shown on the attached plan” (attach reduced plan). “There shall be no alteration of the size, shape or design of an approved Water Resource Protection Zone without prior approval by the City of Ashland”. “There shall be no amendment or change to this Management Plan without prior approval of the City of Ashland”. gf.A Contingency Plan. Restored and enhanced Water Resource Protection Zones generally require periodic adjustments, especially during the first year. The contingency plan shall specify what procedures will be followed should stated plan objectives and established standards not be met, and include a timeline for addressing any deficiencies through actions of additional restoration and enhancement. hg. A Performance Guarantee. In general, mitigation shall be implemented prior to or concurrently with the project. The approval authority may require a performance bond or similar monetary insurance of up to 110 percent of the proposal’s cost to guarantee that the mitigation proposal will be carried out as approved, and to ensure that the objectives are met through demonstration of compliance with measurable standards and that the site will be maintained to keep the Water Resource functioning properly. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 44 Ashland Planning Division 18.63.130 Map Errors and Adjustments A. Map Errors and Adjustments. The Staff Advisor may authorize a correction to a wetland on the Water Resources Map when the applicant has shown that a mapping error has occurred and the error has been verified by the Oregon Department of State Lands (DSL). Delineations verified by DSL shall be used to automatically update the Water Resources Map and record the wetland delineation document. No formal variance application or plan amendment is required for map corrections where an approved delineation with a DSL letter of concurrence is provided. Approved delineations shall be subject to the terms of expiration set forth in the DSL approval. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 45 Ashland Planning Division ATTACHMENT B AMC 18.63 with Changes Copy Draft Chapter 18.63 Water Resource Protection Zones (Changes shown in Copy A are integrated with notes explaining changes) Attachment B: 18.63 With Changes Copy Chapter 18.63 WATER RESOURCE PROTECTION ZONES SECTIONS: 18.63.010 Purpose and Intent 18.63.020 Applicability 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 Exempt Activities and Uses within Water Resource Protection Zones 18.63.070 Limited Activities and Uses withinWater ResourceProtection 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 Reductions 18.63.110 Approval Process 18.63.120 Mitigation Requirements 18.63.130 Map Errors and Adjustments 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. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 1 Ashland Planning Division 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. 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 structures 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 Applicability A. The provisions of this Chapter apply to all lands containing Water Resources and Water Resource Protection Zones. Water Resources include all streams and wetlands. Water Resource Protection Zones are buffer areas of varying widths surrounding Water Resources and include Stream Bank Protection Zones and Wetland 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 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 Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 2 Ashland Planning Division 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 Resources and 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, or permit or cause to be altered any real property designated as a Water Resource or Water Resource Protection Zone, except as set forth in an exemption, planning action or permit authorized in this Chapter. No person or entity shall use or allow, or permit or cause to be used, property designated as a Water Resource or Water Resource Protection Zone, except as set forth in an exemption, planning action or permit authorized in this Chapter. 18.63.030 Definitions Alter orAlteration - 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. 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. 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. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 3 Ashland Planning Division 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 Comment \[u1\]: Section 18.63050, Establishment of Water Resource Zones fish species or fish that are listed as threatened or endangered species under the state or federal refers to fish-bearing. Fish use is not endangered species acts. Fish use is determined from Oregon Department of Forestry Stream referenced in the chapter. 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 (e.g. push lawn mowers, brush mowers). For the purposes of this ordinance, equipment or machinery with wheels and a weight in excess of 100 pounds are not considered hand-held equipment. 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 6 inches in height. For purposes of this ordinance, lawn is not considered native vegetation regardless of the species used. Legally Created Lot or Parcel of Record - for purposes of this chapter includes a lot or parcel that was legally created and recorded prior to the adoption of land division ordinances or a lot or parcel shown on a final plat approved and recorded prior to the effective date of the ordinance codified in this chapter. A “legally created lot or parcel of record” also includes a lot or parcel recorded after the effective date of the ordinance codified in this chapter, but only if the lot or parcel was approved on a preliminary plat approved prior to the effective date of the ordinance codified in this chapter and the final plat recordation is in compliance with the original approved timetable of development. Legally Established Nonconforming Activities, Uses and StructuresNonconforming - activities, uses and structures that were legally established prior to the effective date of this ordinance. Local Native Plant Species – means those plant species appropriate to planting in or adjacent to a Water Resource that are native species indigenous to Jackson County. Local native plant species are adapted to the elevation, weather, soils and hydrology of the area; will support the desired structures, functions, and values of the water resource; and once established require significantly less maintenance than non-native species. The City of Ashland Planning Division Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 4 Ashland Planning Division maintains a list of recognized site-appropriate native plant species for both wetland and stream bank water resource applications, along with a list of known local suppliers. 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. 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 (4) years of relevant post graduate experience. Non-native Species - means a plant species which is not indigenous to the local area. Noxious, Invasive and/or Non-native 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, invasive and non-native plants. Other Possible Wetland – means an area that appears to meet wetland criteria but is too small (less than 0.5 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 Other Possible Wetland designation. However, there may be additional existing areas that meet the Other Possible Wetland designation, but are not included on the Water Resources Map. Power Assisted Equipment or Machinery - means equipment or machinery other than hand- held equipment. For the purposes of this ordinance, equipment or machinery with wheels is considered power assisted equipment. Primary Structure – A building in which the principal use of the zoning district in which it is located is conducted. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 5 Ashland Planning Division Protection Zone – An area subject to the provisions of this chapter which includes a Water Resource and an associated buffer area 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 structures and functions of the resource. 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 (e.g., filling, grading or draining). Riparian Area – means the area adjacent to a Stream Bank Water Resource, consisting of the area of transition from an aquatic ecosystem to a terrestrial ecosystem, which affects or is directly affected by the Water Resource. Riparian Buffer – An area adjacent to the riparian area that preserves and protects the riparian area and it environmental functions. 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. Stream – A stream means a channel such as a river or 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 buffer area of varying width, as established herein, located adjacent Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 6 Ashland Planning Division to the stream, and in which certain human activities are regulated in order to protect the structures 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 a standard distance upland from the top of bank. 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 (needles, leaves, cones and seeds), and the presence of water-borne litter or debris, water-stained leaves or water lines on tree trunks. In the Comment \[u2\]: Provides specific factors to determine the top of bank. absence of physical evidence or where the top of each bank is not clearly defined, the two-year Based on Oregon Division of State Lands recurrence interval flood elevation may be used to approximate the top of bank. definition. 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 Protection Zone, 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 area 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 structures, 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 title 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 Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 7 Ashland Planning Division prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands are a type of Water Resource. 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, Other Possible – Other 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 on water quality and habitat functions of the wetland. 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 other 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 structures 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 Other Possible Wetlands. 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 ______ (June 2008). 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. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 8 Ashland Planning Division 18.63.050 Establishment of Water Resource Protection Zones A Water Resource Protection Zone is hereby established adjacent to 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 Water Resource 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 - The required protection zone for Riparian Corridor fish-bearing streams with an annual average stream flow less than 1,000 cubic feet per second shall extend 50-feet upland from the top of bank. 2. Local Streams - The required protection zone for non-fish-bearing Local Streams shall extend 40-feet from the centerline of the stream. Comment \[u3\]: Protection zone measured from center line of stream per Planning Commission direction from 3. Intermittent and Ephemeral Streams - The required protection zone for intermittent and 7.22.08 meeting ephemeral streams shall extend 30-feet from the centerline of the stream. Comment \[u4\]: Protection zone measured from center line of stream per Planning Commission direction from 4. Significant Wetland Presence - Where a Stream Bank Protection Zone includes all or part 7.22.08 meeting 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 ProtectionZone - The measurement of the Stream Bank Protection Zones shall be a horizontal distance. In areas where the top of each bank is not clearly defined, the boundary of the Stream Bank Protection Zone shall be determined by measuring from the ordinary high water level based upon a two-year flood interval occurrence, or the line of non-aquatic vegetation (edge of riparian area boundary), whichever is most landward. B. Wetland Protection Zones. The following types of Water Resource Protection Zones are hereby established to protect wetland resources. The approximate locations of Locally Significant Wetlands and Other Wetlands are identified on the Water Resources Map. The precise boundary of a Wetland Protection Zone 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. The measurement shall be a horizontal distance. 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 Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 9 Ashland Planning Division 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. 2. Other 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. Other Possible Wetlands includes all areas designated as such on the Water Resources Map and any unmapped wetlands discovered on site. The measurement shall be a horizontal distance. 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. 18.63.060 Exempt Activities and Uses within Water Resource Protection Zones Comment \[u5\]: For consistency with “Sections” at beginning of chapter and for consistency throughout document. A. Exempt Activities Within Stream Bank Protection Zones. The following activities and uses do not require a permit or authorization from the City to be conducted in a Stream Bank Protection Zone, provided the following requirements are met. All disturbed soil surface area shall be re- planted using local native plant species, erosion control material shall be applied (e.g. mulch, hay, jute-netting, or comparable) and temporary irrigation facilities shall be installed. Re-planting, erosion control and temporary irrigation shall be installed within 90 days of authorized soil surface area disturbances. Soil disturbance shall not result in permanent changes to the topography of the Stream Bank Protection Zone. Using herbicides, pesticides or chemical fertilizers in the Comment \[u6\]: This applies to all exempt activities. To delete repetition, Stream Bank Protection Zone shall not be permitted as part of the exempt activities. All applicable similar language was removed from state and federal permits have been or will be obtained prior to commencement of the activity or individual exempt activities. use. 1. Non-native, Noxious and Invasive Vegetation Removal - Removal of non-native vegetation, and noxious and invasive vegetation listed on the City of Ashland’s Noxious and Invasive Plant List with hand-held equipment. The act of removing non-native, noxious and invasive vegetation shall not result in the removal of native vegetation including native trees of all sizes (e.g. tree saplings, mature trees) or the removal of non-native trees greater than six inches diameter at breast height. 2. Routine Planting - The planting of local native plant species or the replacement of non- native plants with local native plant species with hand-held equipment. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 10 Ashland Planning Division 3. Fuel Reduction - Cutting or thinning of vegetation with hand-held equipment or machinery, consistent with City standards for Wildfire Lands described in the Physical and Environmental Constraints Chapter 18.62 and determined to be necessary as part of an approved fire hazard prevention/fuel reduction plan, provided that the cutting/thinning is the minimum necessary to alleviate the potential hazard. 4. Testing – Site investigative work with minimal surface area disturbance conducted by or required by a city, county, state, or federal agency, such as but not limited to surveys, percolation tests, soil borings or other similar tests. 5. Landscaping, Lawn and Tree Maintenance -The limitations imposed by this chapter do not include the routine maintenance of existing vegetation within a Stream Bank Protection Zone, provided that the following requirements are met. a. Existing lawn within the riparian corridor may be maintained, but not expanded within the Stream Bank Protection Zone. b. 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 and with the American National Standards Institute (ANSI) standards for Tree Care Operations. 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.) 6. Outdoor Uses – The establishment of outdoor uses such as yards and gardens where the outdoor use area meets all of the following. a. The total outdoor use area in the Stream Bank Protection Zone, including existing and new outdoor use areas in the Stream Bank Protection Zone, does not exceed 150 square feet per lot. b. The outdoor use area is located upland of the top of bank of a stream. c. Pourous solid surfaces, with the exception of decks, may be installed in the outdoor use area. Comment \[u7\]: Permits the use of pervious materials for a patio in the outdoor area. d. No trees six inches diameter at breast height (dbh) are removed. e. Plantings do not include plants on the City of Ashland’s Noxious and Invasive Plant List. Non-native vegetation may be used in the exempt outdoor use areas except new lawn is not permitted within the Stream Bank Protection Zone . Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 11 Ashland Planning Division 7. Trails - The establishment of trails where all of the following are met. Comment \[u8\]: Allows installation of unpaved trails in Stream Bank Protection Zones for private and public open spaces. a. Trails shall be confined to a single ownership or be with a public trail easement. Paved trails would be required to get a Type I land use approval. b. The trail installation shall retain the general topography of the Stream Bank Protection Zone. c. Trail width shall not exceed thirty (30) inches, stair width shall not exceed fifty (50) inches, and trail grade shall not exceed twenty (20) percent except for the portion of the trail containing stairs. d. Plant trimming shall not exceed a height of eight (8) feet and a width of six (6) feet. e. Native trees larger than six (6) inches in diameter and breast height and native shrubs or conifers larger than five (5) feet tall shall not be removed. Tree removal shall be in accordance with the Tree Preservation and Protection Chapter 18.61. f. Trails shall not be paved with concrete, asphalt or comparable surfacing such as pervious concrete and asphalt. g. Trails shall be at least fifteen (15) feet from the top of bank from Riparian Corridors, and at least ten (10) feet from the top of bank from Local Streams and Intermittent and Ephemeral Streams. 8. 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. 9. Drainage Facility Maintenance – Maintenance of wetlands, approved storm water quality facilities or streams to maintain natural flow in accordance with agency-approved Comment \[u9\]: To provide clarity as to when silt or vegetation can be removed management plans. from natural and man-made drainage facilities such as wetlands and streams. 10. Legally Established Nonconforming Activities, Uses and Structures – Legally established nonconforming activities, uses and structures may continue subject to the following provisions. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 12 Ashland Planning Division a.Structure Maintenanceand Expansion. Existing legally established nonconforming structures within or partially within a Stream Bank Protection Zone may be used and maintained, but shall not have the existing building footprint or Comment \[u10\]: Language applies to nonconforming activities and uses, not to impervious surface expanded or enlarged unless the expansion or enlargement structures. occurs outside the Stream Bank Protection Zone. Additional stories may be added to existing structures in the Stream Bank Protection Zone if the existing building footprint does not change in size or shape and additional surface area in the Stream Bank Protection Zone is not disturbed. b.Fire and Natural Hazards. A primary structure that is legally established nonconforming may be rebuilt if damaged or destroyed by a fire or a natural hazard (e.g. flood).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. In non-residential zoning districts, legally established Comment \[u11\]: Provide cross reference to Ashland Code requirements. nonconforming structures may be rebuilt if damaged or destroyed by a fire or a Comment \[u12\]: natural hazard. Would exempt legally established nonconforming structures such as decks in C-1, E-1 and c.PreviouslyApproved Building Envelopes. A previously approved building M-1 zoning districts. envelope within or partially within a Stream Bank Protection Zone, which would be prohibited by this chapter or subject to the limitations and controls imposed by this Chapter, may be built upon as originally approved and does not have to meet the requirements of this Chapter if the following conditions are met: i. The building envelope was established and received City of Ashland Planning Division approval prior to the effective date of this ordinance. ii. The building envelope is located on a vacant lot. iii. The building envelope is located on a legally created lot or parcel of record which was created prior to the effective date of this ordinance. iv. Building permits are approved and construction is commenced there under within thirty-six (36) months from the effective date of this ordinance. Comment \[u13\]: Provides a time limit for nonconforming building envelopes. d.PreviouslyApproved Driveways. An approved driveway within or partially within a Stream Bank Protection Zone, which would be prohibited by this chapter or subject to the limitations and controls imposed by this Chapter, may be built as originally approved and does not have to meet the requirements of this Chapter if the following conditions are met. i. The driveway location was established and received City of Ashland Planning Division approval prior to the effective date of this ordinance. ii. The driveway will provide access to a legally created lot or parcel of record which was created prior to the effective date of this ordinance. iii. Building permits are approved and construction is commenced there under within thirty-six (36) months from the effective date of this ordinance. Comment \[u14\]: Provides a time limit for nonconforming driveways. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 13 Ashland Planning Division e. Activities and Uses. Existing legally established nonconforming activities or uses within or partially within a Stream Bank Protection Zone may be continued but shall not have the activity or use increased, expanded, enlarged or intensified, unless the increase, expansion, enlargement or intensification occurs outside of the Stream Bank Protection Zone. f.Public Facility Maintenance. Routine maintenance of public piped drainage facilities, utilities and irrigation pumps, which were created or developed as part of a drainage or utility system, and which does not disturb additional riparian surface area. g. Private Facility Maintenance. Routine maintenance of existing private drainage facilities, utilities and irrigation pumps that do not disturb additional riparian surface area. h.Access Maintenance. Maintenance of existing public and private streets, driveways and utility lines when located in city right-of-way or public easement, and which does not disturb additional riparian surface area. i.Access Paving, Repaving or Reconstruction. Paving, repaving or reconstruction of existing public and private streets and driveways if work disturbs no more than five percent (5%) additional surface area within the Stream Bank Protection Zone. Public streets and driveways shall be located in city right-of-way or public easement. Comment \[u15\]: Allows existing streets and driveways to be repaved and rebuilt. j.Discontinuance. Discontinued nonconforming activities or uses are deemed abandoned after six months and may not be resumed except in full conformity with this Chapter. Discontinued nonconforming activities or uses may be resumed within six months from such discontinuance, but not thereafter, when demonstrating clear evidence of non-abandonment. No change or resumption of a nonconforming activity or use of land shall be permitted that will result in a greater adverse impact as measured against impacts associated with the former nonconforming activity or use of land. Impacts on the Water Resource’s values and functions such as water quality, fish and wildlife habitat, flood control capacity, and slope stability shall be considered when evaluating a request to change or resume a former nonconforming use. B. Exempt Activities Within Wetland Protection Zones. The following activities and uses do not require a permit or authorization from the City to be conducted in a Wetland Protection Zone, provided the following requirements are met. All disturbed soil surface area shall be re- planted using local native plant species, erosion control material shall be applied (e.g. mulch, hay, jute-netting, or comparable) and temporary irrigation facilities shall be installed. Re- Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 14 Ashland Planning Division planting, erosion control and temporary irrigation shall be installed within 90 days of authorized soil surface area disturbances. Soil disturbance shall not result in permanent changes to the topography of the Wetland Protection Zone. Using herbicides, pesticides or chemical fertilizers in the Wetland Protection Zone shall not be permitted as part of the exempt activities. All applicable state and federal permits have been or will be obtained prior to commencement of the activity or use.1. Routine Planting - The planting of local native plant species or the replacement of non-native plants with local native plant species with hand-held equipment. 2. Landscaping and Tree Maintenance -The limitations imposed by this chapter do not include the routine maintenance of existing vegetation within a Wetland Protection Zone, provided that the following requirements are met. a. 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 and with the American National Standards Institute (ANSI) standards for Tree Care Operations. 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.) 3. Trails - The establishment of trails where all of the following are met. Comment \[u16\]: Allows installation of unpaved trails in Wetland Protection Zones for private and public open spaces. a. Trails shall be confined to a single ownership or be with a public trail easement. Paved trails would be required to get a Type I land use approval. b. The trail installation shall retain the general topography of the Wetland Protection Zone. c. Trail width shall not exceed thirty (30) inches, stair width shall not exceed fifty (50) inches, and trail grade shall not exceed twenty (20) percent except for the portion of the trail containing stairs. d. Plant trimming shall not exceed a height of eight (8) feet and a width of six (6) feet. e. Native trees larger than six (6) inches in diameter and breast height and native shrubs or conifers larger than five (5) feet tall shall not be removed. Tree removal shall be in accordance with the Tree Preservation and Protection Chapter 18.61. f. Trails shall not be paved with concrete, asphalt or comparable surfacing such as pervious concrete and asphalt. g. Trails construction shall be permitted within a wetland if approved by state and federal agencies. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 15 Ashland Planning Division 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. 5. Legally Established Nonconforming Activities, Uses and Structures – Legally established nonconforming activities, uses and structures may continue subject to the following provisions. a.Structure Maintenance and Expansion. Existing legally established nonconforming structures within or partially within a Wetland Protection Zone may be used and maintained, but shall not have the existing building footprint or impervious Comment \[u17\]: Language applies to nonconforming activities and uses, not to surface expanded or enlarged unless the expansion or enlargement occurs outside structures. the Wetland Protection Zone. Additional stories may be added to existing structures in the Wetland Protection Zone if the existing building footprint does not change in size or shape and additional surface area in the Wetland Protection Zone is not disturbed. b. Activities and Uses. Existing legally established nonconforming activities or uses within or partially within a Wetland Protection Zone may be continued but shall not have the activity or use increased, expanded, enlarged or intensified, unless the increase, expansion, enlargement or intensification occurs outside of the Wetland Protection Zone. c.Discontinuance. Discontinued nonconforming activities or uses are deemed abandoned after six (6) months and may not be resumed except in full conformity with this Chapter. Discontinued nonconforming activities or uses may be resumed within six months (6) from such discontinuance, but not thereafter, when demonstrating clear evidence of non-abandonment. No change or resumption of a nonconforming activity or use of land shall be permitted that will result in a greater adverse impact as measured against impacts associated with the former nonconforming activity or use of land. Impacts on the Water Resource’s values and functions such as water quality, fish and wildlife habitat, flood control capacity, and slope stability shall be considered when evaluating a request to change or resume a former nonconforming use. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 16 Ashland Planning Division 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 standards set forth in section 18.63.070.C. A. Limited Activities and Uses within Stream Bank Protection Zones. 1. Channel and Riparian Enhancement Activities – Stream channel repair and enhancement as well as riparian habitat restoration and enhancement resulting in a net gain in ecological function. Channel and riparian enhancement activities not otherwise associated with development involving building, grading or paving are encouraged, and planning action application fees associated with reviewing these activities for compliance with applicable land use standards may be waived, at the discretion of the Staff Advisor. 2. Removal of Vegetation – Removal of vegetation from within a Stream BankProtection Zone is prohibited, except when authorized with the following limited activities and uses. a. Removal of non-native, invasive and/or noxious vegetation with power-assisted machinery or equipment. b. 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 allowed and would otherwise be subject to state and federal wetland permitting requirements. \[Note: The removal of any material from streams mapped as Essential Salmon Habitat by the Oregon Department of State Lands requires a wetland permit. Bear Creek, Ashland Creek, Neil Creek and Emigrant Creek are mapped as Essential Salmon Habitat.\] c. Hazardous Tree Removal. A hazard tree is a tree that is physically damaged to the degree that it is likely to fall and injure persons or property. In addition to the standards described in 18.63.070.C, the application shall also address the standards for a Tree Removal Permit for hazard trees found in the Tree Preservation & Protection Chapter 18.61.080.A. 3. Building, Paving, and Grading Activities -The permanent alteration of the Stream Bank Protection Zone by grading or by the placement of structures, fill or impervious surfaces is prohibited, except when authorized with the following limited activities and uses. a. The location and construction of public streets, bridges, utilities, pedestrian and multi-use path connections deemed necessary to maintain a functional system. This title, the Comprehensive Plan, Transportation System Plan, Utility Master Plans and other adopted documents shall guide this determination. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 17 Ashland Planning Division b. Paving, repaving or reconstruction of existing public and private streets and driveways if work disturbs more than five percent (5%) additional surface area within the Stream Bank Protection Zone. Public streets and driveways shall be located in city right-of-way or public easement. c. Installation or replacement of public and private drainage facilities, utilities, and irrigation pumps. d. Replacement of legally established nonconforming structures located within the original building footprint, except those legally established nonconforming primary structures exempted in 18.63.060.A.9.b, provided replacement does not disturb additional surface area within the Stream Bank Protection Zone. e. Erosion control and stream bank stabilization measures that have been approved by the Oregon Department of State Lands (DSL), the U.S. Army Corps of Engineers, or other state or federal regulatory agencies, and that utilize non-structural bio- engineering methods. f. 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. g. 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. h. 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. 4. Routine Maintenance of Public Utilities - Routine maintenance of public utilities located Comment \[u18\]: Maintenance of public utilities is exempt in Section within a Stream Bank Protection Zone that disturbs additional surface area within the 18.63.060 Exempt Activities and Uses if Protection Zone, provided the proposed maintenance complies with any applicable state and additional surface area is not disturbed. federal permitting requirements. B. Limited Activities and Uses Within Wetland Protection Zones. 1. Wetland Restoration and Enhancement Activities - Wetland restoration and enhancement activities resulting in a net gain in ecological function. Wetland restoration and enhancement activities not otherwise associated with development involving building, grading or paving are encouraged, and planning action application fees associated with reviewing these activities for compliance with applicable land use standards may be waived, at the discretion of the Staff Advisor. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 18 Ashland Planning Division 2. Removal of Vegetation – Removal of vegetation from within a Wetland Protection Zone is prohibited, except when authorized with the following limited activities and uses. a. Removal of non-native, invasive and/or noxious vegetation with power-assisted machinery or equipment. b. Perimeter mowing and other cutting necessary for hazard prevention. c. Hazardous Tree Removal. A hazard tree is a tree that is physically damaged to the degree that it is likely to fall and injure persons or property, and such hazard or danger cannot reasonably be alleviated by treatment or pruning. In addition to the standards described in 18.63.070.C, the application shall also address the standards for a Tree Removal Permit for hazard trees found in the Tree Preservation & Protection Chapter 18.61.080.A. 3. Building, Paving and Grading Activities –The erection of structures, installation of impervious surfaces, grading, excavation, and placement fill within Wetland Protection Zones is prohibited, except when authorized with the following limited activities and uses. a. The location and construction of public streets, bridges, utilities, pedestrian and multi-use path connections deemed necessary to maintain a functional system and upon finding that no other another reasonable, alternate location outside the Wetland Protection Zone exists. This chapter, the Comprehensive Plan, Transportation System Plan (TSP), adopted utility master plans and other adopted documents shall guide this determination. b. Replacement of existing public and private streets and driveways. Public streets shall be located in city right-of-way or public easement. c. Installation or replacement of public and private drainage facilities, utilities, and irrigation pumps. d. Routine maintenance of existing drainage facilities and utilities that disturbs lands within the Wetland Protection Zone provided that the applicant complies with applicable state and federal permitting requirements. e. Replacement of legally established nonconforming structures within the original building footprint, provided replacement does not disturb additional surface area with the Wetland Protection Zone. 4. Routine Maintenance of Public Utilities - Routine maintenance of public utilities located within a Wetland Protection Area that do not disturb additional wetland surface area, provided the proposed maintenance complies with any applicable state and federal wetland permitting requirements. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 19 Ashland Planning Division C.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 18.63.070 shall be reviewed and a decision made through 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 from streams and wetlands, designed to minimize intrusion into the Water Resources Protection Zone and use 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, the placement of structures and impervious surfaces, loss of native vegetation, erosion, and adverse hydrological impacts on Water Resources. 3. Excavation, grading and vegetation removal shall be avoided within the Stream Bank Protection Zone on stream beds or banks within the bank full stage, in wetlands, and on slopes of 25 percent or greater, except where no practicable alternative exists, or where necessary to construct public facilities or to ensure slope stability. 4. Erosion control measures shall be employed to ensure sediments are not transported to the Water Resource. Erosion control measures shall be installed prior to site preparation or ground-disturbing activities, where applicable. Access roads, staging areas, storage areas and other areas of temporary disturbance necessary to complete the proposed activity shall be restored as soon as possible, but not more than 90 days after authorized land disturbance. Erosion control measures shall be in place concurrently with construction or establishment of the proposed activity. Temporary measures used for initial erosion control shall not be left in place permanently. Guidance on appropriate erosion control measures is contained in the Department of Environmental Quality publication Best Management Practices for Storm Water Discharges Associated With Construction Activities (DEQ Northwest Region 2006, or current upgrade). A copy of this document is available for review at the City of Ashland Planning Division. 5. Plans for stream channel repair and enhancement, riparian habitat restoration and enhancement plans and wetland restoration and enhancement are required and shall be submitted with the land use application. The plans shall be designed by a natural resource professional, comply with all state and federal regulations and permitting requirements and conform to all local regulations and permit requirements related to flood areas. 6. All applicable state and federal permits have been or will be obtained prior to commencement of the activity or use. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 20 Ashland Planning Division 7. Plans for mitigation in accordance with 18.63.120 are required and shall be submitted with the land use application. The plans shall be designed by a natural resource professional, unless expressly authorized, and comply with all federal and state regulations and permitting requirements and conform to all local regulations and permit requirements related to flood areas. 8. Water, drainage and sewer systems shall be designed, located and constructed to avoid the infiltration of floodwaters into the system, and to avoid accidental discharges to rivers, streams and wetlands. 9. Bridges or similar, bottomless crossing structures located in Stream Bank Protection Zones for the purpose of constructing a public or private street, bicycle or pedestrian crossings shall employ the least invasive installation methods possible and conform to all local regulations and permit requirements related to flood areas. 10. Public streets, bridges, utilities, pedestrian and multi-use path connections shall be located in Wetland Protection Zones only based upon a finding that no other reasonable, alternate location outside the Wetland Protection Zone exists18.63.080 Water Resource Protection Zones Reductions. 18.63.080 Water Resource Protection Zone Reductions A Water Resource Protection Zone may be reduced by up to 50 percent by the approval authority through a Type I land use procedure to allow alteration within the Water Resource Protection Zone based upon findings that the following standards have been satisfied. A. The application demonstrates that equal or better protection for identified resources will be ensured through restoration, enhancement and mitigation measures. 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 used. 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 minimize additional grading and/or fill. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 21 Ashland Planning Division C. The proposed use or activity is designed to minimize intrusion into the Water Resource Protection Zone through the use of up to a 50 percent reduction of any dimensional standards (e.g. required front, side and rear yard setbacks; required distance between buildings; or maximum building height) 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 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. D. Any encroachment or change in on-site or off-site drainage characteristics which would adversely impact the Water Resource has been considered and mitigated. E.Erosion control measures shall be employed to ensure sediments are not transported to the Water Resource. Erosion control measures shall be installed prior to site preparation or ground- disturbing activities, where applicable. Access roads, staging areas, storage areas and other areas of temporary disturbance necessary to complete the proposed activity shall be restored as soon as possible, but not more than 90 days after authorized land disturbance. Erosion control measures shall be in place concurrently with construction or establishment of the proposed activity. Temporary measures used for initial erosion control shall not be left in place permanently. Guidance on appropriate erosion control measures is contained in the Department of Environmental Quality publication Best Management Practices for Storm Water Discharges Associated With Construction Activities (DEQ Northwest Region 2006, or current upgrade). A copy of this document is available for review at the City of Ashland Planning Division. Comment \[u19\]: Use same requirement as used inlimited land use section for consistency F. No significant adverse impacts to the structures, functions or values of the Water Resource, including but not limited to water quality, fish and wildlife habitat, flood control capacity, or slope stability will result from approval of the limited activity and/or use, and the application demonstrates that equal or better protection for the identified Water Resource will be ensured through restoration of disturbed areas within the Water Resource Protection Zone, enhancement of the Water Resource Protection Zone, or similar measures. G. The structures, functions and values of the Water Resource will be restored through the implementation of an enhancement and restoration strategy set forth in a mitigation plan prepared in accordance with the standards and requirements described in section 18.63.120. H. All applicable state and federal permits have been or will be obtained prior to commencement of the activity or use. Comment \[u20\]: Moved section . F- H were “Approval Criteria for Water Resource Protection Zone Reductions in previous draft Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 22 Ashland Planning Division I. A Water Resource Protection Zone reduction agreement shall be recorded in the public records to give notice of the restrictions and maintenance obligations and to ensure no further encroachment into the Water Resource Protection Zone occurs. J. The applicant may dedicate a conservation easement or equivalent protection instrument to the city, homeowners association or a conservation organization, provided the form of the instrument is approved by the City Attorney and accepted by the council, if offered. 18.63.090 Hardship Variances In cases where the limitations on activities within a Water Resource Protection Zone unduly restrict the development or use of a legally created lot or parcel of record , a property owner may request a Hardship Variance. Hardship Variances described shall be reviewed and a decision made through a Type II land use procedure. Hardship Variances are not subject to the Variance requirements of Chapter 18.100. The approval authority may approve or approve with conditions a request for a Hardship Variance based upon findings that the following approval criteria have been satisfied. A. The proposal cannot meet the standards for a Water Resource Protection Zone Reduction found in sections 18.63.080. B. Strict adherence to the provisions described in this chapter would effectively preclude use of the property that could reasonably be expected to occur on similarly zoned parcels, and the property owner would be precluded a substantial property right enjoyed by the majority of landowners in the vicinity. C. The proposed activity or use of land would have been permitted prior to the effective date of this ordinance. D. The applicant has explored all other reasonable options available under this chapter and throughout the Land Use Ordinance to relieve the hardship. E. The Variance is the minimum necessary to permit use of the property in a manner that could reasonably be expected to occur on similarly zoned parcels in the vicinity. F. Adverse impacts on the structures, functions or values of the resource including water quality, erosion, or slope stability that would result from approval of this hardship variance have been minimized and will be mitigated to the greatest extent possible through restoration and enhancement of the Water Resource Protection Zone in accordance with an approved mitigation plan. G. The applicant has agreed to implement a mitigation and management plan prepared in accordance with the standards and requirements described in section 18.63.120. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 23 Ashland Planning Division H. All applicable state and federal permit approvals have been or will be obtained prior to commencement of the activity or use. 18.63.100 Approval Standards for Land Divisions and Property Line Adjustments Within Water Resource Protection Zones Planning applications and procedures containing Water Resource Protection Zones and involving the division of land or lot line adjustments shall comply with the following provisions. A. Building Envelope Established. Each lot shall contain a building envelope outside the Water Resource Protection Zone of sufficient size to permit the establishment of the use and associated accessory uses. B. Conservation Area. Performance Standards Option,Subdivision and Partition applications shall include the Water Resource Protection Zone within a conservation easement or recorded development restriction, which stipulates that the use or activity within the Water Resource Protection Zone shall be consistent with the provisions of this chapter. The approval authority may require that the Water Resource Protection Zone be included in a separate tract of land managed by a homeowners’ association or other common ownership entity responsible for preservation. C. Density Transfer. Density calculated from the land area contained within the Water Resource Protection Zone may be transferred to lands outside the Water Resource Protection Zone provided the following standards are met. 1. Partitions and subdivisions involving density transfer shall be processed under the Performance Standards Options Chapter 18.88 of the Ashland Municipal Code. 2. A map shall be submitted showing the land area not within the Water Resource Protection Zone to which the density will be transferred. 3. The Water Resource Protection Zone shall be included in a separate preservation tract to be managed by a homeowner’s association or other common ownership entity responsible for management of the area. 4. Density may only be transferred within the subject property or to a lot or lots contiguous to the subject property and within the same ownership. 5. The density transferred to lands not within the Water Resource Protection Zone may not be increased to more than one and a half (1.5) times the base density of the underlying zoning district. Fractional units are to be rounded down to the nearest whole number. D. Management Plan. Long term conservation, management and maintenance of the Water Resource Protection Zone consistent with the requirements of this chapter shall be ensured through preparation and recordation of a management plan as described in 18.63.120.B.2.f. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 24 Ashland Planning Division E. Mitigation Requirements. The approval authority may require a mitigation plan in accordance with the requirements of 18.63.120 to mitigate impacts resulting from land divisions. F. Exemptions for a Public Purpose. An exemption to the requirements described above shall be granted for lots created for public park purposes, or privately-owned tracts created for the sole purpose of conserving in perpetuity the natural functions and values of the lands contained within the Water Resource Protection Zone. 18.63.110 Approval Process A. Application – Required Plans and Information. The following plans and information shall be submitted with the application for activities and uses in a Water Resource Protection Zone which are required to be processed under a Type I or Type II land use procedure including Limited Activities and Uses, Water Resource Protection Zone Reductions and Hardship Variances. 1. A narrative description of all proposed activities and uses including the extent to which any Water Resource Protection Zone is proposed to be altered or affected as a result of the proposed development activity or use (in terms both of square footage of surface disturbance and cubic yards of overall disturbance). 2. Written findings of fact addressing all applicable development standards and approval criteria. 3. Site development plan map, drawn to scale - The application shall include a site map of the subject property prepared by a licensed surveyor, civil engineer or other design professional that includes the information described below. The Staff Advisor may request additional information based upon the character of the site or the specific nature of the proposal. a. All watercourses identified (including any drainage ways, ponds, etc). b. Surveyed location of the Water Resource Protection Zone, as described in section 18.63.050. For applications involving only a single-family residence located on a legally created lot or parcel of record, in lieu of a surveyed location, the Staff Advisor may approve a field determination of the Water Resource Protection Zone by the Staff Advisor or his/her designee in which the applicant shall be required to stake the top- of-bank or the upland-wetland edge and the boundary of the Water Resource Protection Zone. c. For activities and use proposed within a Stream Bank Protection Zone: identification of the stream as being either fish-bearing or non-fish-bearing; identification of the top-of-bank or center line as required; and surveyed location of the stream’s floodway and floodplain, if applicable. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 25 Ashland Planning Division d. For activities and uses proposed within a Wetland Protection Zone: a wetland delineation (with an accompanying site map) prepared by a natural resource professional and that has been concurred with by the Oregon Department of State Lands (DSL); and an aerial photo with the wetland boundaries identified. e. Topographic information at 2-foot contour increments identifying both existing grades and proposed grade changes. f. Surveyed locations of all trees six-inches in diameter at breast height (d.b.h.) or greater located on the property and upon adjacent properties within 15-feet of the property line, identified by edge of canopy, diameter at breast height and species; g. The outlines of non-tree vegetation, with a dominant species and any occurrence of non-native, invasive species identified. h. Location of existing and proposed development, including all existing and proposed structures, any areas of fill or excavation, stream or wetland crossings, alterations to vegetation, or other alterations to the site’s natural state. i. The location of natural features, structures, and other improvements associated with lands within 150-feet of the proposal. j. Land uses within 100-feet of the water resource’s edge. k. The location of temporary fencing and erosion control measures installed to prevent encroachment and flow of material into the Water Resource Protection Zone, such as sediment fencing and hay bales, etc. l. North arrow and scale. m. Sources of information (federal, state and local). 4. Mitigation Plan prepared in accordance with the requirements described in section 18.63.120. B. Building Permits and Development Activities. When approval of a planning application is not required, other permit applications for the construction of structures or other development activities on properties containing Water Resource Protection Zones shall be reviewed by the Staff Advisor, or his or her designee, to assure that Water Resource Protection Zones are accurately identified on a site plan and that Limited Activities and Uses or other site disturbances will not be conducted within the Water Resource Protection Zone. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 26 Ashland Planning Division 1. Temporary Fencing and Erosion Control Measures - Temporary fencing and erosion control measures may be required to be installed to prevent encroachment and flow of material or other debris into the Water Resource Protection Zone and to otherwise prevent impacts to the Water Resource Protection Zone by clearly identifying its boundaries. When required, these measures shall be installed and site-verified by the Staff Advisor before any permits are issued and prior to the commencement of excavation, grading, site clearing, construction or similar site work resulting in changes to the land. C. Required Information Waived – Determination. Applications under this chapter involving properties containing a Water Resource Protection Zone shall accurately indicate the locations of these features and all other information as described and required above. The Staff Advisor may waive one or more of the required elements of the site development plan map in 18.63.110.A.3 if Comment \[u21\]: Provides more specificity as to what application evidence is provided conclusively demonstrating that proposed excavation, grading, site clearing, submittals can be waived. For example, construction or similar actions resulting in changes to the property are not located within the if there are trees on a property 200 feet from the riparian corridor, the Staff boundaries of the Water Resource Protection Zone. Advisor could determine that these trees would not need to be surveyed. 18.63.120 Mitigation Requirements A. When a Mitigation Plan is Required. A mitigation plan is required for applications that involve: Limited Activities and Uses, Water Resource Protection Zone Reductions, Hardship Variances, or as otherwise stipulated by the approval authority as a condition of approval. B. Mitigation Plan Requirements. 1. For Applications Involving a Single-Family Residence on a Pre-existing Lot and Limited Activities and Uses - For applications involving a single-family residence located on Comment \[u22\]: Limited Activities and Uses are narrow in scope and a legally created lot or parcel of record or Limited Activities and Uses, the applicant may follow probably should have the ability to do a a prescriptive mitigation plan available separately form the City of Ashland Planning Division more streamlined mitigation plan. addressing the following standards, or meet the mitigation plan requirements in section 2 below. a.Vegetation Preservation and Construction Staging. The following standards shall apply when construction activity is proposed in areas where vegetation is to be preserved within a Water Resources Protection Zone. i. Work areas on the immediate site shall be carefully identified and marked to reduce potential damage to trees and vegetation. Temporary construction fencing shall be placed at the drip line of trees bordering the work area. No equipment maneuvering, staging or stockpiling shall occur outside of designated work areas. ii. Trees shall not be used as anchors for stabilizing equipment. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 27 Ashland Planning Division iii. Stockpiling of soil, or soil mixed with vegetation, shall not be permitted in Water Resource Protection Areas on a permanent basis. Temporary storage shall employ erosion control measures to ensure sediments are not transported to adjacent surface waters. b.Restoration. Disturbed areas shall be re-planted and an additional area restored, re-planted and enhanced at a 1:1.5 ratio. Re-planting activities shall follow these standards: i. Priority shall be given to removal of noxious and invasive vegetation and planting of local native plant species. ii. Plant materials shall be located in such a manner to maximize enhancement and restoration of the Water Resource Protection Zone, with particular emphasis on temperature reduction of watercourses, erosion control, bank stabilization and wildlife habitat enhancement. iii. Re-planting shall include ground cover, under story and tree canopy layers unless the site soils or substrate do not typically support the growth of one or more vegetation layers. iv. Re-planting shall be with local native plant species. The use of noxious and invasive plants are prohibited. v. Planting densities and species composition shall be consistent with native riparian area plant communities in the immediate vicinity. Use of a reference site (a nearby site with an intact native riparian plant community) as guidance for developing a re-vegetation plan is recommended. vi. Ground cover shall be hydro-seeded or planted at two-foot intervals or such other interval established by the approval authority as sufficient to attain coverage of the required area within a two-year period. vii. Under-story plantings shall be a minimum one-gallon materials planted at six- foot intervals or such other interval approved by the approval authority as sufficient to attain adequate coverage within a two-year period. viii. Canopy trees shall be planted at 20-foot intervals or such other interval as required to install materials required for tree mitigation pursuant to the tree mitigation requirements of the Ashland Land Use Ordinance. ix. Erosion control material shall be applied (e.g. mulch, hay, jute-netting, or comparable) to disturbed, re-planted areas. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 28 Ashland Planning Division x. Temporary irrigation facilities shall be installed. xi. Native plant species that do not survive the first two years after planting shall be replaced. xii. Re-planting shall occur within 90 days of authorized land disturbance. xiii. A re-planting project shall include landscape and irrigation plans, with details addressing the proposed plant species, size of plant materials, number of plants, timing of plantings, plant spacing and installation methods. Plant sources and suppliers shall be identified c. Herbicides, Pesticides and Fertilizers. Using herbicides, pesticides or chemical fertilizers in a Water Resources Protection Zone shall not be permitted unless in compliance with state and federal regulations and any necessary permits are obtained. 2. For All Other Applications – For all other applications not covered in section 1 above, the mitigation plan shall contain at a minimum the following components. a. Objectives and Standards of Mitigation. A mitigation plan shall state specific plan objectives and establish clear and measurable standards for determining if stated objectives have been accomplished. For example, the objective might be to restore or enhance the shade canopy within a Stream Bank Protection Zone to benefit fish and reduce water temperature, while the standard might be a certain percentage of shade canopy coverage at the end of one year and 100 percent shade canopy coverage after three years. b.Assessment of Water Resource Protection Zone Structures, Functions and Values. A mitigation plan shall include an assessment of the structures, functions and values (i.e. water quality, flood control, habitat, etc.) that will be adversely impacted by the proposed alterations of the Water Resource Protection Zone and a clear explanation of how these impacts are to be mitigated. c.Mitigation Site/Grading Plan. A statement and detailed plan of the location, elevation, and hydrology of the mitigation area, including a grading plan at two-foot contour intervals. For applications involving Wetland Protection Zones, the application shall demonstrate that plants have adequate access to site hydrology. For applications involving Stream Bank Protection Zones, the grading plan shall identify newly planted areas and include slope stabilizing measures to prevent erosion, ensure vegetative coverage and limit plant mortality. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 29 Ashland Planning Division d.Landscape Plan. The landscape plan shall be size- and species-specific, with details addressing the timing of plantings, proposed plant placement and plant spacing. Priority shall be given local native plant species. Plant sources and suppliers shall be identified. Plants identified as noxious, invasive, or non-native are prohibited. e.Herbicides, Pesticides and Fertilizers. Using herbicides, pesticides or chemical Comment \[u23\]: Previously, similar language included under exempt section, fertilizers in a Water Resources Protection Zone shall not be permitted unless in but was not addressed for land use compliance with state and federal regulations and any necessary permits are applications. obtained. f.Management Plan. As a condition of approval, except in the case of an existing lot containing only a single family home, the applicant shall implement a management plan for the Water Resource Protection Zone and resource areas under the applicant’s ownership or control, including the areas restored and enhanced to assure long term conservation and maintenance. The management plan shall detail proposed monitoring and maintenance, and shall include a schedule delineating how completed projects will be monitored and reported to the Staff Advisor. The management plan shall contain the following requirements. i. The approved mitigation plan. ii. Identification of Water Resources and Water Resource Protection Zone management practices to be conducted and proposed intervals. iii. Provisions for the ongoing removal and management of noxious or invasive vegetation and debris. iv. Provisions for the protection of protected plant and animal species in accordance with recommendations from applicable state and federal agencies. v. Specific provisions for city enforcement of the management plan. vi. Any additional measures deemed necessary to protect and maintain the structures, functions and values of the Water Resource Protection Zone (e.g., signage delineating preservation boundaries). vii. Provisions for the perpetual protection and maintenance of the Water Resource and Water Resource Protection Zone including but not limited to the following. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 30 Ashland Planning Division viii. Recordation of a conservation easement or Conditions, Covenants, and Restrictions (CC&Rs) which prescribe the conditions and restrictions set forth in the approved land use application, development permit, building permit, or proposed public facilities plans, and any imposed by state or federal permits. ix. Transfer of the ownership and maintenance responsibilities for the area to a willing public agency, non-profit association or private conservation organization with a recorded conservation easement prescribing the conditions and restrictions set forth in the approved land use application, development permit, building permit, or proposed public facilities plans, and any imposed by state or federal permits. x. Other mechanisms addressing long-term protection, maintenance and mitigation consistent with the purposes and requirements of this ordinance as deemed appropriate and acceptable by the approval authority. xi. The following statements. “There shall be no alteration of the Water Resource Protection Zones as delineated and shown on the attached plan” (attach reduced plan). “There shall be no alteration of the size, shape or design of an approved Water Resource Protection Zone without prior approval by the City of Ashland”. “There shall be no amendment or change to this Management Plan without prior approval of the City of Ashland”. g.A Contingency Plan. Restored and enhanced Water Resource Protection Zones generally require periodic adjustments, especially during the first year. The contingency plan shall specify what procedures will be followed should stated plan objectives and established standards not be met, and include a timeline for addressing any deficiencies through actions of additional restoration and enhancement. h. A Performance Guarantee. In general, mitigation shall be implemented prior to or concurrently with the project. The approval authority may require a performance bond or similar monetary insurance of up to 110 percent of the proposal’s cost to guarantee that the mitigation proposal will be carried out as approved, and to ensure that the objectives are met through demonstration of compliance with measurable standards and that the site will be maintained to keep the Water Resource functioning properly. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 31 Ashland Planning Division 18.63.130 Map Errors and Adjustments A. Map Errors and Adjustments. The Staff Advisor may authorize a correction to a wetland on the Water Resources Map when the applicant has shown that a mapping error has occurred and the error has been verified by the Oregon Department of State Lands (DSL). Delineations verified by DSL shall be used to automatically update the Water Resources Map and record the wetland delineation document. No formal variance application or plan amendment is required for map corrections where an approved delineation with a DSL letter of concurrence is provided. Approved delineations shall be subject to the terms of expiration set forth in the DSL approval. Ashland Water Resource Protection Ordinance Draft Ordinance 9/9/08 Page 32 Ashland Planning Division ATTACHMENT C AMC 18.62 Strikeout/Underline Copy Draft Revised Chapter 18.62 Physical & Environmental Constraints LAND USE CODE CHAPTER 18.62 Attachment C: PHYSICAL & ENVIRONMENTAL CONSTRAINTS 18.62 Strikeout & SECTIONS: Underline Copy 18.62.010 Purpose and Intent. 18.62.020 Regulations. 18.62.030 Definitions. 18.62.040 Approval and Permit Required. 18.62.050 Land Classifications. 18.62.060 Official Maps. 18.62.070 Development Standards for Flood plain Corridor Lands. 18.62.075Development Standards for Riparian Preservation Lands. 18.62.080 Development Standards for Hillside Lands. 18.62.090 Development Standards for Wildfire Lands. 18.62.100 Development Standards for Severe Constraint Lands. 18.62.110 Density Transfer. 18.62.130 Penalties. SECTION 18.62.010 Purpose and Intent. The purpose of this Chapter is to provide for safe, orderly and beneficial development of districts characterized by diversity of physiographic conditions and significant natural features; to limit alteration of topography and reduce encroachment upon, or alteration of, any natural environment and; to provide for sensitive development in areas that are constrained by various natural features. Physiographic conditions and significant natural features can be considered to include, but are not limited to: slope of the land, natural drainage ways, wetlands, soil characteristics, potential landslide areas, natural and wildlife habitats, forested areas, significant trees, and significant natural vegetation. (Ord 2808, Added, 12/02/1997) SECTION 18.62.020 Regulations. The type of regulation applicable to the land depends upon the classification in which the land is placed, as provided in Section 18.62.050. If those regulations conflict with other regulations of the City of Ashland's Municipal Code, the more stringent of the two regulations shall govern. (Ord 2808, Added, 12/02/1997) Water Resource Protection Zone Regulations A. - Development proposals regulated under this chapter shall be found in conformance with the regulations of Chapter 18.63 Water Resource Protection Zones. If the regulations of this chapter and Chapter 18.63 Water Resource Protection Zones conflict, the more stringent of the two regulations shall govern. SECTION 18.62.030 Definitions. The following terms are hereby defined as they apply to this Chapter: Architect A. - An architect licensed by the State of Oregon. LAND USE CODE Average slope B. - average slope for a parcel of land or for an entire project, for the purposes of determining the area to remain in a natural state shall be calculated before grading using the following formula: S = .00229(I)(L) A where "S" is the average percent of slope; ".00229" is the conversion factor for square feet; "I" is the contour interval in feet; "L" is the summation of length of the contour lines in scale feet; and "A" is the area of the parcel or project in acres. Buildable area C.- That portion of an existing or proposed lot that is free of building restrictions. For the purpose of this ordinance, a buildable area cannot contain any setback areas, easements, and similar building restrictions, and cannot contain any land that is identified as Flood plain Corridor Lands, or any land that is greater than 35% slope. Cohesive Soils D. - Residual or transported soils, usually originating from parent rock which contains significant quantities of minerals which weather to clay. Cohesive soils have a Plasticity Index of ten or more, based on laboratory testing according to AASHTO methods, or a site-specific scientific analysis of a particular soil material. Development E.- Alteration of the land surface by: 1. Earth-moving activities such as grading, filling, stripping, or cutting involving more than 20 cubic yards on any lot, or earth-moving activity disturbing a surface area greater than 1000 sq. ft. on any lot; 2. Construction of a building, road, driveway, parking area, or other structure; except that additions to existing buildings of less than 300 sq. ft. to the existing building footprint shall not be considered development for section 18.62.080. 3. Culverting or diversion of any stream designated by this chapter. Designer F. - a person not registered as an architect or engineer, approved to plan and design single family homes and other buildings defined as exempt by the building code. Engineer G. - A registered professional engineer licensed by the State of Oregon. Engineering Geologist H.- A registered professional engineering geologist licensed by the State of Oregon. Floodway Channel I. - The floodway channel as defined by ordinance. Geotechnical Expert J.- An engineering geologist or an engineer with demonstrable expertise in geologic hazards evaluation and geotechnical engineering. Gully K. - A drainage incision, commonly caused by erosion, which does not experience regular or seasonal stream flow, but does act as a channel for runoff during periods of high rainfall. LAND USE CODE Landscape Professional L. - arborist certified by the International Society of Arboriculture, landscape architect licensed by the State of Oregon, or other expert with demonstrable expertise in tree and erosion control vegetation maintenance, and erosion control vegetation methods. Natural Grade M. - the elevation of the ground level in its natural state, before construction, filling, or excavation. (see graphic) Natural State N. - all land and water that remains undeveloped and undisturbed. This means that grading, excavating, filling and/or the construction of roadways, driveways, parking areas, and structures are prohibited. Incidental minor grading for hiking trails, bicycle paths, picnic areas and planting and landscaping which is in addition to and enhances the natural environment is permitted. Incidental brush removal for lot maintenance and ecosystem health is permitted. Further, vegetation removal for the purposes of wildfire control in conjunction with an approved fire prevention and control plan shall also be permitted. Non-cohesive Soils O. - Residual or transported soils containing no or very little clay, usually from crystalline granitic parent rock. Non-cohesive soils have a Plasticity Index of less than ten, based on laboratory testing according to AASHTO methods, or a published scientific analysis of a particular soil type. Professional Arborist P. - arborist certified by the International Society of Arboriculture and licensed by the State of Oregon State Landscape Contractors Board or Construction Contractors Board, or landscape architect licensed by the State of Oregon. Riparian Q. - That area associated with a natural water course including its wildlife and vegetation. Slope R. - The deviation of a surface from the horizontal, usually expressed in percent. (see graphic) DEGREE OF SLOPE = ARC TANGENT OF V/H Stripping S.- Any activity which significantly disturbs vegetated or otherwise stabilized soil LAND USE CODE surface, including clearing and grubbing operations. Tree Removal T. - the following activities are defined as tree removal: 1. The removal of three or more living trees of over six inches diameter at breast height (d.b.h.), or the removal of five percent of the total number of living (or dead trees) over six inches d.b.h., whichever is greater, on any lot within five year period, or any form of commercial logging; 2. The removal of one or more living conifers greater than two feet d.b.h., or living broadleaf trees greater than one foot d.b.h.; Wildfire U. - Fire caused by combustion of native vegetation, commonly referred to as forest fire or brush fire. ( Ord 2808, Added, 12/02/1997) SECTION 18.62.040 Approval and Permit Required. A Physical Constraints Review Permit is required for the following activities: A. Development, as defined in 18.62.030.D, in areas identified as Flood plain Corridor Land, Riparian Preserve, Hillside Land, or Severe Constraint land. B. Tree removal, as defined in 18.62.030.RT., in areas identified as Flood plain Corridor Land and Riparian Preserve. C. Commercial logging, in areas identified as Flood plain Corridor Land, Riparian Preserve, Hillside Land, or Severe Constraint Land. D. Tree removal, in areas identified as Hillside Land and Severe Constraint Land, except that a permit need not be obtained for tree removal that is not associated with development, and done for the purposes of wildfire management and carried out in accord with a Fire Prevention and Control Plan approved by the Fire Chief. E. If a development is part of a Site Review, Performance Standards Development, Conditional Use Permit, Subdivision, Partition, or other Planning Action, then the Review shall be conducted simultaneously with the Planning Action. F. If a development is exclusive of any other Planning Action, as noted in Subsection B, then the Physical Constraints Review shall be processed as a Staff Permit. G. Where it appears that the proposal is part of a more extensive development that would require a master site plan, or other planning action, the Staff Advisor shall require that all necessary applications be filed simultaneously. H. Plans Required. The following plans shall be required for any development requiring a Physical Constraints Review: 1. The plans shall contain the following: a. Project name. b. Vicinity map. c. Scale (the scale shall be at least one inch equals 50 feet or larger) utilizing the largest scale that fits on 22" x 34" paper. Multiple plans or layers shall be prepared LAND USE CODE at the same scale, excluding detail drawings. The Staff Advisor may authorize different scales and plan sheet sizes for projects, provided the plans provide sufficient information to clearly identify and evaluate the application request. d. North arrow. e. Date. f. Street names and locations of all existing and proposed streets within or on the boundary of the proposed development. g. Lot layout with dimensions for all lot lines. h. Location and use of all proposed and existing buildings, fences and structures within the proposed development. Indicate which buildings are to remain and which are to be removed. i. Location and size of all public utilities affected by the proposed development. j. Location of drainage ways or public utility easements in and adjacent to the proposed development. Location of all other easements. k. topographic map of the site at a contour interval of not less than two feet nor greater than five feet. The topographic map shall also include a slope analysis, indicating buildable areas, as shown in the graphic. l. Location of all parking areas and spaces, ingress and egress on the site, and on-site circulation. m. Accurate locations of all existing natural features including, but not limited to, all trees as required in 18.62.080.D.1, including those of a caliper equal to or greater than six inches d.b.h., native shrub masses with a diameter of ten feet or greater, natural drainage, swales, wetlands, ponds, springs, or creeks on the site, and outcroppings of rocks, boulders, etc. Natural features on adjacent properties potentially impacted by the proposed development shall also be included, such as trees with driplines extending across property lines. In forested areas, it is necessary to identify only those trees which will be affected or removed by the proposed development. Indicate any contemplated modifications to a natural feature. n. The proposed method of erosion control, water runoff control, and tree protection for the development as required by this chapter. o. Building envelopes for all existing and proposed new parcels that contain only buildable area, as defined by this Chapter. p. Location of all irrigation canals and major irrigation lines. q. Location of all areas of land disturbance, including cuts, fills, driveways, building sites, and other construction areas. Indicate total area of disturbance, total percentage of project site proposed for disturbance, and maximum depths and heights of cuts and fill. r. Location for storage or disposal of all excess materials resulting from cuts associated with the proposed development. s. Applicant name, firm preparing plans, person responsible for plan preparation, and plan preparation dates shall be indicated on all plans. t. Proposed timeline for development based on estimated date of approval, including completion dates for specific tasks. 2. Additional plans and studies as required in Sections 18.62.070, 18.62.080, 18.62.090 and 18.62.100 of this Chapter. I. Criteria for approval. A Physical Constraints Review Permit shall be issued by the Staff Advisor when the Applicant demonstrates the following: LAND USE CODE 1. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized. 2. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development. 3. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously than reversible actions. The Staff Advisor or Planning Commission shall consider the existing development of the surrounding area, and the maximum permitted development permitted by the Land Use Ordinance. (Ord 2834 S1, 1998) (ORD 2951, amended, 07/01/2008; Ord. 2834, Amended, 11/03/1998, Section 18.62.040 J "deleted"; Ord 2808, Added, 12/02/1997) SECTION 18.62.050 Land Classifications. The following factors shall be used to determine the classifications of various lands and their constraints to building and development on them: A. Flood plain Corridor Lands - Lands with potential stream flow and flood hazard. The following lands are classified as Flood plain Corridor lands: 1. All land contained within the 100 year Flood plain as defined by the Federal Flood Insurance Program, and in maps adopted by Chapter 15.10 of the Ashland Municipal Code. 2. All land within the area defined as Flood plain Corridor land in maps adopted by the Council as provided for in section 18.62.060. 3. All lands which have physical or historical evidence of flooding in the historical past. 4. All areas within 20 feet (horizontal distance) of any creek designated for Riparian Preservationas a Local Stream in 18.62.050.B 18.63.050.Aand depicted as such on mapsthe Water Resource Map adopted by the Council as provided for in section 18.62.060. 5. All areas within ten feet (horizontal distance) of any drainage channelcreek designated as an Intermittent and Ephemeral Stream in 18.63.050.A.3 and depicted on maps as such on the Water Resource Map adopted by the Council but not designated as Riparian Preservation. B.Riparian Preservation-The following Flood plain Corridor Lands are also designated for Riparian Preservation for the purposes of this section and as listed on the Physical and Environmental Constraints Overlay Maps: Tolman, Hamilton, Clay, Bear, Kitchen, Ashland, Neil and Wrights Creeks. C. Hillside Lands - Hillside Lands are lands which are subject to damage from erosion and slope failure, and include areas which are highly visible from other portions of the city. The following lands are classified as Hillside Lands: 1. All areas defined as Hillside Lands on the Physical Constraints Overlay map and which have a slope of 25 percent or greater. D. Wildfire Lands - Lands with potential of wildfire. The following lands are classified as Wildfire Lands: 1. All areas defined as wildfire lands on the Physical Constraints Overlay map. LAND USE CODE E. Severe Constraint Lands - ands with severe development characteristics which generally limit normal development. The following lands are classified as Severe Constraint Lands: 1. All areas which are within the floodway channels, as defined in Chapter 15.10. 2. All lands with a slope greater than 35 percent. F. Classifications Cumulative. The above classifications are cumulative in their effect and, if a parcel of land falls under two or more classifications, it shall be subject to the regulations of each classification. Those restrictions applied shall pertain only to those portions of the land being developed and not necessarily to the whole parcel. (ORD 2951, amended, 07/01/2008; Ord 2808, Added, 12/02/1997) SECTION 18.62.060 Official Maps. A. The City Council shall adopt official maps denoting the above identified areas. Substantial amendments of these maps shall be a Type 3 procedure. B. Minor amendments of the maps to correct mapping errors when the amendments are intended to more accurately reflect the mapping criteria contained in this chapter or in the findings of the Council in adopting an official map may be processed as a Type 1 procedure. (Ord 2808, Added, 12/02/1997) SECTION 18.62.070 Development Standards for Flood plain Corridor Lands. For all land use actions which could result in development of the Flood plain Corridor, the following is required in addition to any requirements of Chapter 15.10: A. Standards for fill in Flood plain Corridor lands: 1. Fill shall be designed as required by the International Building Code and International Residential Code, where applicable. 2. The toe of the fill shall be kept at least ten feet outside of floodway channels, as defined in section 15.10, and the fill shall not exceed the angle of repose of the material used for fill. 3. The amount of fill in the Flood plain Corridor shall be kept to a minimum. Fill and other material imported from off the lot that could displace floodwater shall be limited to the following: a. Poured concrete and other materials necessary to build permitted structures on the lot. b. Aggregate base and paving materials, and fill associated with approved public and private street and driveway construction. c. Plants and other landscaping and agricultural material. d. A total of 50 cubic yards of other imported fill material. e. The above limits on fill shall be measured from April 1989, and shall not exceed the above amounts. These amounts are the maximum cumulative fill that can be imported onto the site, regardless of the number of permits issued. 4. If additional fill is necessary beyond the permitted amounts in (3) above, then fill materials must be obtained on the lot from cutting or excavation only to the extent necessary to create an elevated site for permitted development. All additional fill material shall be obtained from the portion of the lot in the Flood plain Corridor. LAND USE CODE 5. Adequate drainage shall be provided for the stability of the fill. 6. Fill to raise elevations for a building site shall be located as close to the outside edge of the Flood plain Corridor as feasible. B. Culverting or bridging Stream crossing of any waterway or creek identified on the official maps adopted pursuant to section 18.62.060 must be designed by an engineer. Stream crossings shall be designed to the standards of Chapter 15.10, or where no floodway has been identified, to pass a one hundred (100) year flood without any increase in the upstream flood height elevation. The engineer shall consider in the design the probability that the culvert will be blocked by debris in a severe flood, and accommodate expected overflow. Fill for culverting and bridgingstream crossings shall be kept to the minimum necessary to achieve property access, but is exempt from the limitations in section (A) above. Culverting or bridging Crossingof streams identified as Riparian PreservationLocal Streams and Intermittent and Ephemeral Streams are subject to the requirements of 18.62.075. C. Non-residential structures shall be flood-proof to the standards in Chapter 15.10 to one foot above the elevation contained in the maps adopted by chapter 15.10, or up to the elevation contained in the official maps adopted by section 18.62.060, whichever height is greater. Where no specific elevations exist, then they must be floodproofed to an elevation of ten feet above the creek channel on Ashland, Bear or Neil Creek; to five feet above the creek channel on all other Riparian Preserve creeks streams identified as Riparian Corridor and all streams identified as Local Streams defined in section 18.62.050.B18.63.050.A and depicted as such on the Water Resources Map; and three feet above the stream channel on all other drainage waysstreams identified as Intermittent and Ephemeral Streams defined in section 18.63.050.A.3 and depicted as such on the Water Resources Mapon the official maps. D. All residential structures shall be elevated so that the lowest habitable floor shall be raised to one foot above the elevation contained in the maps adopted in chapter 15.10, or to the elevation contained in the official maps adopted by section 18.62.060, whichever height is greater. Where no specific elevations exist, then they must be constructed at an elevation of ten feet above the creek channel on Ashland, Bear, or Neil Creek; to five feet above the creek channel on all other Riparian Preserve creeks streams identified as Riparian Corridor and all streams identified as Local Streams defined in section 18.62.050.B18.63.050.A; and three feet above the stream channel on all other drainage ways streams identified as Intermittent and Ephemeral Streams defined in section 18.63.050.A.3 and depicted as such on the Water Resources Mapon the official maps, or one foot above visible evidence of high flood water flow, whichever is greater. The elevation of the finished lowest habitable floor shall be certified to the city by an engineer or surveyor prior to issuance of a certificate of occupancy for the structure. E. To the maximum extent feasible, structures shall be placed on other than Flood plain Corridor Lands. In the case where development is permitted in the Flood plain corridor area, then development shall be limited to that area which would have the shallowest flooding. F. Existing lots with buildable land outside the Flood plain Corridor shall locate all residential structures outside the Corridor land, unless 50% or more of the lot is within the Flood plain Corridor. For residential uses proposed for existing lots that have more than 50% of the lot in Corridor land, structures may be located on that portion of the Flood plain corridor that is LAND USE CODE two feet or less below the flood elevations on the official maps, but in no case closer than 20 feet to the channel of a Riparian Preservation Creekstream identified as a Riparian Corridor or a Local Stream defined in section 18.63.050 and depicted as such on the Water Resources Map. Construction shall be subject to the requirements in paragraph D above. G. New non-residential uses may be located on that portion of Flood plain Corridor lands that equal to or above the flood elevations on the official maps adopted in section 18.62.060. Second story construction may be cantilevered or supported by pillars that will have minimal impact on the flow of floodwaters over the Flood plain corridor for a distance of 20 feet if it does not impact riparian vegetation, and the clearance from finished grade is at least ten feet in height, and have minimal impact on the flow of floodwaters. The finished floor elevation may not be more than two feet below the flood corridor elevations. H. All lots modified by lot line adjustments, or new lots created from lots which contain Flood plain Corridor land must contain a building envelope on all lot(s) which contain(s) buildable area of a sufficient size to accommodate the uses permitted in the underling zone, unless the action is for open space or conservation purposes. This section shall apply even if the effect is to prohibit further division of lots that are larger than the minimum size permitted in the zoning ordinance. I. Basements. 1. Habitable basements are not permitted for new or existing structures or additions located within the Flood plain Corridor. 2. Non-habitable basements, used for storage, parking, and similar uses are permitted for residential structures but must be flood-proofed to the standards of Chapter 15.10. J. Storage of petroleum products, pesticides, or other hazardous or toxic chemicals is not permitted in Flood plain Corridor lands. K. Fences constructed within 20 feet of any Riparian Preservation Creek designated by this chapterstream identified as Riparian Corridor or Local Stream defined in section 18.63.050 and depicted as such on the Water Resources Map shall be limited to wire or electric fence, or similar fence that will not collect debris or obstruct flood waters, but not including wire mesh or chain link fencing. Fences shall not be constructed across any identified riparian drainage or riparian preservation creek. Fences shall not be constructed within any designated floodway. L. Decks and structures other than buildings, if constructed on Flood plain Corridor Lands and at or below the levels specified in section 18.62.070.C and D, shall be flood-proofed to the standards contained in Chapter 15.10. M. Local streets and utility connections to developments in and adjacent to the Flood plain Corridor shall be located outside of the Flood plain Corridor, except for crossing the Corridor, and except in the Bear Creek Flood plain corridor as outlined below: 1. Public street construction may be allowed within the Bear Creek Flood plain corridor as part of development following the adopted North Mountain Neighborhood Plan. This exception shall only be permitted for that section of the Bear Creek Flood plain corridor between North Mountain Avenue and the Nevada Street right-of-way. The new street shall be constructed in the general location as indicated on the neighborhood plan map, LAND USE CODE and in the area generally described as having the shallowest potential for flooding within the corridor. 2. Proposed development that is not in accord with the North Mountain Neighborhood Plan shall not be permitted to utilize this exception. (ORD 2951, amended, 07/01/2008; Ord 2808, Added, 12/02/1997) SECTION18.62.075Development Standards for Riparian Preservation lands. A.All development in areas indicated for Riparian Preservation, as defined in section 18.62.050(B), shall comply with the following standards: 1.Development shall be subject to all Development Standards for Flood plain Corridor Lands (18.62.070) 2.Any tree over six inches d.b.h. shall be retained to the greatest extent feasible. 3.Fill and Culverting shall be permitted only for streets, access, or utilities. The crossing shall be at right angles to the creek channel to the greatest extent possible. Fill shall be kept to a minimum. 4.The general topography of Riparian Preservation lands shall be retained. (Ord 2808, Added, 12/02/1997) SECTION 18.62.080 Development Standards for Hillside Lands. It is the purpose of the Development Standards for Hillside Lands to provide supplementary development regulations to underlying zones to ensure that development occurs in such a manner as to protect the natural and topographic character and identity of these areas, environmental resources, the aesthetic qualities and restorative value of lands, and the public health, safety, and general welfare by insuring that development does not create soil erosion, sedimentation of lower slopes, slide damage, flooding problems, and severe cutting or scarring. It is the intent of these development standards to encourage a sensitive form of development and to allow for a reasonable use that complements the natural and visual character of the city. A. General Requirements. The following general requirements shall apply in Hillside Lands: 1. All development shall occur on lands defined as having buildable area. Slopes greater than 35% shall be considered unbuildable except as allowed below. Variances may be granted to this requirement only as provided in section 18.62.080.H. a. Existing parcels without adequate buildable area less than or equal to 35% shall be considered buildable for one unit. b. Existing parcels without adequate buildable area less than or equal to 35% cannot be subdivided or partitioned. 2. All newly created lots either by subdivision or partition shall contain a building envelope with a slope of 35% or less. 3. New streets, flag drives, and driveways shall be constructed on lands of less than or equal to 35% slope with the following exceptions: a. The street is indicated on the City's Transportation Plan Map - Street Dedications. b. The portion of the street, flag drive, or driveway on land greater than 35% slope does not exceed a length of 100 feet. 4. Geotechnical Studies. For all applications on Hillside Lands involving subdivisions or partitions, the following additional information is required: LAND USE CODE A geotechnical study prepared by a geotechnical expert indicating that the site is stable for the proposed use and development. The study shall include the following information: a. Index map. b. Project description to include location, topography, drainage, vegetation, discussion of previous work and discussion of field exploration methods. c. Site geology, based on a surficial survey, to include site geologic maps, description of bedrock and surficial materials, including artificial fill, locations of any faults, folds, etc..., and structural data including bedding, jointing and shear zones, soil depth and soil structure. d. Discussion of any off-site geologic conditions that may pose a potential hazard to the site, or that may be affected by on-site development. e. Suitability of site for proposed development from a geologic standpoint. f. Specific recommendations for cut and fill slope stability, seepage and drainage control or other design criteria to mitigate geologic hazards. g. If deemed necessary by the engineer or geologist to establish whether an area to be affected by the proposed development is stable, additional studies and supportive data shall include cross-sections showing subsurface structure, graphic logs with subsurface exploration, results of laboratory test and references. h. Signature and registration number of the engineer and/or geologist. i. Additional information or analyses as necessary to evaluate the site. j. Inspection schedule for the project as required in 18.62.080.B.9. k. Location of all irrigation canals and major irrigation pipelines. B. Hillside Grading and Erosion Control. All development on lands classified as hillside shall provide plans conforming with the following items: 1. All grading, retaining wall design, drainage, and erosion control plans for development on Hillside Lands shall be designed by a geotechnical expert. All cuts, grading or fills shall conform to the International Building Code and be consistent with the provisions of this Title. Erosion control measures on the development site shall be required to minimize the solids in runoff from disturbed areas. 2. For development other than single family homes on individual lots, all grading, drainage improvements, or other land disturbances shall only occur from May 1 to October 31. Excavation shall not occur during the remaining wet months of the year. Erosion control measures shall be installed and functional by October 31. Up to 30 day modifications to the October 31 date, and 45 day modification to the May 1 date may be made by the Planning Director, based upon weather conditions and in consultation with the project geotechnical expert. The modification of dates shall be the minimum necessary, based upon evidence provided by the applicant, to accomplish the necessary project goals. 3. Retention in natural state. On all projects on Hillside Lands involving partitions and subdivisions, and existing lots with an area greater than one-half acre, an area equal to 25% of the total project area, plus the percentage figure of the average slope of the total project area, shall be retained in a natural state. Lands to be retained in a natural state shall be protected from damage through the use of temporary construction fencing or the functional equivalent. For example, on a 25,000 sq. ft. lot with an average slope of 29%, 25%+29%=54% of the total lot area shall be retained in a natural state. LAND USE CODE The retention in a natural state of areas greater than the minimum percentage required here is encouraged. 4. Grading - cuts. On all cut slopes on areas classified as Hillside lands, the following standards shall apply: a. Cut slope angles shall be determined in relationship to the type of materials of which they are composed. Where the soil permits, limit the total area exposed to precipitation and erosion. Steep cut slopes shall be retained with stacked rock, retaining walls, or functional equivalent to control erosion and provide slope stability when necessary. Where cut slopes are required to be laid back (1:1 or less steep), the slope shall be protected with erosion control getting or structural equivalent installed per manufacturers specifications, and revegetated. b. Exposed cut slopes, such as those for streets, driveway accesses, or yard areas, greater than seven feet in height shall be terraced. Cut faces on a terraced section shall not exceed a maximum height of five feet. Terrace widths shall be a minimum of three feet to allow for the introduction of vegetation for erosion control. Total cut slopes shall not exceed a maximum vertical height of 15 feet. (See Graphic) Cut Slope and Fill Slope Requirements Not to Scale For Illustration Only Reduce Effective Visual Bulk by Utilizing Stepped Foundations The top of cut slopes not utilizing structural retaining walls shall be located a minimum setback of one-half the height of the cut slope from the nearest property line. LAND USE CODE Cut slopes for structure foundations encouraging the reduction of effective visual bulk, such as split pad or stepped footings shall be exempted from the height limitations of this section. (See Graphic) c. Revegetation of cut slope terraces shall include the provision of a planting plan, introduction of top soil where necessary, and the use of irrigation if necessary. The vegetation used for these areas shall be native or species similar in resource value which will survive, help reduce the visual impact of the cut slope, and assist in providing long term slope stabilization. Trees, bush-type plantings and cascading vine-type plantings may be appropriate. 5. Grading - fills. On all fill slopes on lands classified as Hillside Lands, the following standards shall apply: a. Fill slopes shall not exceed a total vertical height of 20 feet. The toe of the fill slope area not utilizing structural retaining shall be a minimum of six feet from the nearest property line. (Ord 2834 S6, 1998) b. Fill slopes shall be protected with an erosion control netting, blanket or functional equivalent. Netting or blankets shall only be used in conjunction with an organic mulch such as straw or wood fiber. The blanket must be applied so that it is in complete contact with the soil so that erosion does not occur beneath it. Erosion netting or blankets shall be securely anchored to the slope in accordance with manufacturer's recommendations. c. Utilities. Whenever possible, utilities shall not be located or installed on or in fill slopes. When determined that it necessary to install utilities on fill slopes, all plans shall be designed by a geotechnical expert. d. Revegetation of fill slopes shall utilize native vegetation or vegetation similar in resource value and which will survive and stabilize the surface. Irrigation may be provided to ensure growth if necessary. Evidence shall be required indicating long- term viability of the proposed vegetation for the purposes of erosion control on disturbed areas. 6. Revegetation requirements. Where required by this chapter, all required revegetation of cut and fill slopes shall be installed prior to the issuance of a certificate of occupancy, signature of a required survey plat, or other time as determined by the hearing authority. Vegetation shall be installed in such a manner as to be substantially established within one year of installation. 7. Maintenance, Security, and Penalties for Erosion Control Measures. a. Maintenance. All measures installed for the purposes of long-term erosion control, including but not limited to vegetative cover, rock walls, and landscaping, shall be maintained in perpetuity on all areas which have been disturbed, including public rights-of-way. The applicant shall provide evidence indicating the mechanisms in place to ensure maintenance of measures. b. Security. Except for individual lots existing prior to January 1, 1998, after an Erosion Control Plan is approved by the hearing authority and prior to construction, the applicant shall provide a performance bond or other financial guarantees in the amount of 120% of the value of the erosion control measures necessary to stabilize the site. Any financial guarantee instrument proposed other than a performance bond shall be approved by the City Attorney. The financial guarantee instrument shall be in effect for a period of at least one year, and shall be released when the Planning Director and Public Works Director determine, jointly, that the site has been stabilized. All or a portion of the security retained by the City may be withheld for a period up to five years beyond the one year maintenance period if it has been LAND USE CODE determined by the City that the site has not been sufficiently stabilized against erosion. 8. Site Grading. The grading of a site on Hillside Lands shall be reviewed considering the following factors: a. No terracing shall be allowed except for the purposes of developing a level building pad and for providing vehicular access to the pad. b. Avoid hazardous or unstable portions of the site. (Ord 2834,S2 1998) c. Avoid hazardous or unstable portions of the site. d. Building pads should be of minimum size to accommodate the structure and a reasonable amount of yard space. Pads for tennis courts, swimming pools and large lawns are discouraged. As much of the remaining lot area as possible should be kept in the natural state of the original slope. 9. Inspections and Final Report. Prior to the acceptance of a subdivision by the City, signature of the final survey plat on partitions, or issuance of a certificate of occupancy for individual structures, the project geotechnical expert shall provide a final report indicating that the approved grading, drainage, and erosion control measures were installed as per the approved plans, and that all scheduled inspections, as per 18.62.080.A.4.j were conducted by the project geotechnical expert periodically throughout the project. C. Surface and Groundwater Drainage. All development on Hillside Lands shall conform to the following standards: 1. All facilities for the collection of stormwater runoff shall be required to be constructed on the site and according to the following requirements: a. Stormwater facilities shall include storm drain systems associated with street construction, facilities for accommodating drainage from driveways, parking areas and other impervious surfaces, and roof drainage systems. b. Stormwater facilities, when part of the overall site improvements, shall be, to the greatest extent feasible, the first improvements constructed on the development site. c. Stormwater facilities shall be designed to divert surface water away from cut faces or sloping surfaces of a fill. d. Existing natural drainage systems shall be utilized, as much as possible, in their natural state, recognizing the erosion potential from increased storm drainage.. e. Flow-retarding devices, such as detention ponds and recharge berms, shall be used where practical to minimize increases in runoff volume and peak flow rate due to development. Each facility shall consider the needs for an emergency overflow system to safely carry any overflow water to an acceptable disposal point. f. Stormwater facilities shall be designed, constructed and maintained in a manner that will avoid erosion on-site and to adjacent and downstream properties. g. Alternate stormwater systems, such as dry well systems, detention ponds, and leach fields, shall be designed by a registered engineer or geotechnical expert and approved by the City’ s Public Works Department or City Building Official. D. Tree Conservation, Protection and Removal. All development on Hillside Lands shall conform to the following requirements: 1. Inventory of Existing Trees. A tree survey at the same scale as the project site plan shall be prepared, which locates all trees greater than six inches d.b.h., identified by d.b.h., species, approximate extent of tree canopy. In addition, for areas proposed to be disturbed, existing tree base elevations shall be provided. Dead or diseased trees shall LAND USE CODE be identified. Groups of trees in close proximity (i.e. those within five feet of each other) may be designated as a clump of trees, with the predominant species, estimated number and average diameter indicated. All tree surveys shall have an accuracy of plus or minus two feet. The name, signature, and address of the site surveyor responsible for the accuracy of the survey shall be provided on the tree survey. Portions of the lot or project area not proposed to be disturbed by development need not be included in the inventory. 2. Evaluation of Suitability for Conservation. All trees indicated on the inventory of existing trees shall also be identified as to their suitability for conservation. When required by the hearing authority, the evaluation shall be conducted by a landscape professional. Factors included in this determination shall include: a. Tree health. Healthy trees can better withstand the rigors of development than non- vigorous trees. b. Tree Structure. Trees with severe decay or substantial defects are more likely to result in damage to people and property. c. Species. Species vary in their ability to tolerate impacts and damage to their environment. d. Potential longevity. e. Variety. A variety of native tree species and ages. f. Size. Large trees provide a greater protection for erosion and shade than smaller trees. 3. Tree Conservation in Project Design. Significant trees (2' d.b.h. or greater conifers and 1' d.b.h. or greater broadleaf) shall be protected and incorporated into the project design whenever possible. a. Streets, driveways, buildings, utilities, parking areas, and other site disturbances shall be located such that the maximum number of existing trees on the site are preserved, while recognizing and following the standards for fuel reduction if the development is located in Wildfire Lands. Site Planning Responsive to Tree Locations Existing Site with significant trees Sensitive develoment option for property b. Building envelopes shall be located and sized to preserve the maximum number of trees on site while recognizing and following the standards for fuel reduction if the development is located in Wildfire Lands. c. Layout of the project site utility and grading plan shall avoid disturbance of tree protection areas. 4. Tree Protection. On all properties where trees are required to be preserved during the course of development, the developer shall follow the following tree protection standards: LAND USE CODE a. All trees designated for conservation shall be clearly marked on the project site. Prior to the start of any clearing, stripping, stockpiling, trenching, grading, compaction, paving or change in ground elevation, the applicant shall install fencing at the drip line of all trees to be preserved adjacent to or in the area to be altered. Temporary fencing shall be established at the perimeter of the dripline. Prior to grading or issuance of any permits, the fences may be inspected and their location approved by the Staff Advisor. (see 18.61.200) b. Construction site activities, including but not limited to parking, material storage, soil compaction and concrete washout, shall be arranged so as to prevent disturbances within tree protection areas. c. No grading, stripping, compaction, or significant change in ground elevation shall be permitted within the drip line of trees designated for conservation unless indicated on the grading plans, as approved by the City, and landscape professional. If grading or construction is approved within the dripline, a landscape professional may be required to be present during grading operations, and shall have authority to require protective measures to protect the roots. d. Changes in soil hydrology and site drainage within tree protection areas shall be minimized. Excessive site run-off shall be directed to appropriate storm drain facilities and away from trees designated for conservation. e. Should encroachment into a tree protection area occur which causes irreparable damage, as determined by a landscape professional, to trees, the project plan shall be revised to compensate for the loss. Under no circumstances shall the developer be relieved of responsibility for compliance with the provisions of this chapter. 5. Tree Removal. Development shall be designed to preserve the maximum number of trees on a site. The development shall follow the standards for fuel reduction if the development is located in Wildfire Lands. When justified by findings of fact, the hearing authority may approve the removal of trees for one or more of the following conditions: (Ord 2834 S3, 1998) a. The tree is located within the building envelope. b. The tree is located within a proposed street, driveway, or parking area. c. The tree is located within a water, sewer, or other public utility easement. d. The tree is determined by a landscape professional to be dead or diseased, or it constitutes an unacceptable hazard to life or property when evaluated by the standards in 18.62.080.D.2. e. The tree is located within or adjacent to areas of cuts or fills that are deemed threatening to the life of the tree, as determined by a landscape professional. 6. Tree Replacement. Trees approved for removal, with the exception of trees removed because they were determined to be diseased, dead, or a hazard, shall be replaced in compliance with the following standards: a. Replacement trees shall be indicated on a tree replanting plan. The replanting plan shall include all locations for replacement trees, and shall also indicate tree planting details. (Ord 2834 S4, 1998) b. Replacement trees shall be planted such that the trees will in time result in canopy equal to or greater than the tree canopy present prior to development of the property. The canopy shall be designed to mitigate of the impact of paved and developed areas, reduce surface erosion and increase slope stability. Replacement tree locations shall consider impact on the wildfire prevention and control plan. The LAND USE CODE hearing authority shall have the discretion to adjust the proposed replacement tree canopy based upon site-specific evidence and testimony. Tree Planting Guideline 3" mulch kept 6" from trunk Stake only if tree is unable to stand on its own, and stake as low as possible with a non-metallic stake. Cultivated planting area should be 3-5 times the size of the rootball, and only native soil should be used for fill. Mound slightly to contain water. Set top of rootball at ground level. Free burlap from trunk, and keep below grade. Set tree on sound ground c. Maintenance of replacement trees shall be the responsibility of the property owner. Required replacement trees shall be continuously maintained in a healthy manner. Trees that die within the first five years after initial planting must be replaced in kind, after which a new five year replacement period shall begin. Replanting must occur within 30 days of notification unless otherwise noted. (Ord 2834 S5, 1998) 7. Enforcement. a. All tree removal shall be done in accord with the approved tree removal and replacement plan. No trees designated for conservation shall be removed without prior approval of the City of Ashland. b. Should the developer or developer's agent remove or destroy any tree that has been designated for conservation, the developer may be fined up to three times the current appraised value of the replacement trees and cost of replacement or up to three times the current market value, as established by a professional arborist, whichever is greater. c. Should the developer or developer's agent damage any tree that has been designated for protection and conservation, the developer shall be penalized $50.00 per scar. If necessary, a professional arborist's report, prepared at the developer's expense, may be required to determine the extent of the damage. Should the damage result in loss of appraised value greater than determined above, the higher of the two values shall be used. E. Building Location and Design Standards. All buildings and buildable areas proposed for Hillside Lands shall be designed and constructed in compliance with the following standards: 1. Building Envelopes. All newly created lots, either by subdivision or partition, shall contain building envelopes conforming to the following standards: a. The building envelope shall contain a buildable area with a slope of 35% or less. LAND USE CODE b. Building envelopes and lot design shall address the retention of a percentage of the lot in a natural state as required in 18.62.080.B.3. c. Building envelopes shall be designed and located to maximize tree conservation as required in 18.62.080.D.3. while recognizing and following the standards for fuel reduction if the development is located in Wildfire Lands d. It is recommended that building envelope locations should be located to avoid ridgeline exposures, and designed such that the roofline of a building within the envelope does not project above the ridgeline. Retention of hillside character and natural slope by avoiding ridgeline locations 2. Building Design. To reduce hillside disturbance through the use of slope responsive design techniques, buildings on Hillside Lands, excepting those lands within the designated Historic District, shall incorporate the following into the building design and indicate features on required building permits: a. Hillside Building Height. The height of all structures shall be measured vertically from the natural grade to the uppermost point of the roof edge or peak, wall, parapet, mansard, or other feature perpendicular to that grade. Maximum Hillside Building Height shall be 35 feet. (graphics available on original ordinance) b. Cut buildings into hillsides to reduce effective visual bulk. (1). Split pad or stepped footings shall be incorporated into building design to allow the structure to more closely follow the slope. (2). Reduce building mass by utilizing below grade rooms cut into the natural slope. c. A building stepback shall be required on all downhill building walls greater than 20 feet in height, as measured above natural grade. Stepbacks shall be a minimum of LAND USE CODE six feet. No vertical walls on the downhill elevations of new buildings shall exceed a maximum height of 20 feet above natural grade. (see graphic) d. Continuous horizontal building planes shall not exceed a maximum length of 36 feet. Planes longer than 36 feet shall include a minimum offset of six feet. (graphic available on original ordinance) e. It is recommended that roof forms and roof lines for new structures be broken into a series of smaller building components to reflect the irregular forms of the surrounding hillside. Long, linear unbroken roof lines are discouraged. Large gable ends on downhill elevations should be avoided, however smaller gables may be permitted. (graphic available on original ordinance) f. It is recommended that roofs of lower floor levels be used to provide deck or outdoor space for upper floor levels. The use of overhanging decks with vertical supports in excess of 12 feet on downhill elevations should be avoided. g. It is recommended that color selection for new structures be coordinated with the predominant colors of the surrounding landscape to minimize contrast between the structure and the natural environment F. All structures on Hillside Lands shall have foundations which have been designed by an engineer or architect with demonstrable geotechnical design experience. A designer, as defined, shall not complete working drawings without having foundations designed by an engineer. G. All newly created lots or lots modified by a lot line adjustment must include a building envelope on all lots that contains a buildable area less than 35% slope of sufficient size to accommodate the uses permitted in the underlying zone, unless the division or lot line adjustment is for open space or conservation purposes. H. Administrative Variance From Development Standards for Hillside Lands - 18.62.080. A variance under this section is not subject to the variance requirements of section 18.100 and may be granted with respect to the development standards for Hillside Lands if all of the following circumstances are found to exist: 1. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site; 2. The variance will result in equal or greater protection of the resources protected under this chapter; 3. The variance is the minimum necessary to alleviate the difficulty; and 4. The variance is consistent with the stated Purpose and Intent of the Physical and Environmental Constraints Chapter and section 18.62.080. Appeals of decisions involving administrative variances shall be processed as outlined in 18.108.070. (ORD 2951, amended, 07/01/2008; Ord 2808, Added, 12/02/1997) SECTION 18.62.090 Development Standards for Wildfire Lands. A. Requirements for Subdivisions, Performance Standards Developments, or Partitions. 1. A Fire Prevention and Control Plan shall be required with the submission of any application for an outline plan approval of a Performance Standards Development, preliminary plat of a subdivision, or application to partition land which contained areas designated Wildfire Hazard areas. LAND USE CODE 2. The Staff Advisor shall forward the Fire Prevention and Control Plan to the Fire Chief within 3 days of the receipt of a completed application. The Fire Chief shall review the Fire Prevention and Control Plan, and submit a written report to the Staff Advisor no less than 7 days before the scheduled hearing. The Fire Chief's report shall be a part of the record of the Planning Action. 3. The Fire Prevention and Control Plan, prepared at the same scale as the development plans, shall include the following items: a. An analysis of the fire hazards on the site from wildfire, as influenced by existing vegetation and topography. b. A map showing the areas that are to be cleared of dead, dying, or severely diseased vegetation. c. A map of the areas that are to be thinned to reduce the interlocking canopy of trees. d. A tree management plan showing the location of all trees that are to be preserved and removed on each lot. In the case of heavily forested parcels, only trees scheduled for removal shall be shown. e. The areas of Primary and Secondary Fuel Breaks that are required to be installed around each structure, as required by 18.62.090 B. f. Roads and driveways sufficient for emergency vehicle access and fire suppression activities, including the slope of all roads and driveways within the Wildfire Lands area. 4. Criterion for Approval. The hearing authority shall approve the Fire Prevention and Control Plan when, in addition to the findings required by this chapter, the additional finding is made that the wildfire hazards present on the property have been reduced to a reasonable degree, balanced with the need to preserve and/or plant a sufficient number of trees and plants for erosion prevention, wildlife habitat, and aesthetics. 5. The hearing authority may require, through the imposition of conditions attached to the approval, the following requirements as deemed appropriate for the development of the property: a. Delineation of areas of heavy vegetation to be thinned and a formal plan for such thinning. b. Clearing of sufficient vegetation to reduce fuel load. c. Removal of all dead and dying trees. d. Relocation of structures and roads to reduce the risks of wildfire and improve the chances of successful fire suppression. 6. The Fire Prevention and Control Plan shall be implemented during the public improvements required of a subdivision or Performance Standards Development, and shall be considered part of the subdivider's obligations for land development. The Plan shall be implemented prior to the issuance of any building permit for structures to be located on lots created by partitions and for subdivisions or Performance Standards developments not requiring public improvements. The Fire Chief, or designee, shall inspect and approve the implementation of the Fire Prevention and Control Plan, and the Plan shall not be considered fully implemented until the Fire Chief has given written notice to the Staff Advisor that the Plan was completed as approved by the hearing authority. 7. In subdivisions or Performance Standards Developments, provisions for the maintenance of the Fire Prevention and Control Plan shall be included in the covenants, conditions and restrictions for the development, and the City of Ashland shall be named as a beneficiary of such covenants, restrictions, and conditions. 8. On lots created by partitions, the property owner shall be responsible for maintaining the LAND USE CODE property in accord with the requirements of the Fire Prevention and Control Plan approved by the hearing authority. B. Requirements for construction of all structures. 1. All new construction and any construction expanding the size of an existing structure, shall have a "fuel break" as defined below. 2. A "fuel break" is defined as an area which is free of dead or dying vegetation, and has native, fast-burning species sufficiently thinned so that there is no interlocking canopy of this type of vegetation. Where necessary for erosion control or aesthetic purposes, the fuel break may be planted in slow-burning species. Establishment of a fuel break does not involve stripping the ground of all native vegetation. "Fuel Breaks" may include structures, and shall not limit distance between structures and residences beyond that required by other sections of this title. 3. Primary Fuel Break - A primary fuel break will be installed, maintained and shall extend a minimum of 30 feet, or to the property line, whichever is less, in all directions around structures, excluding fences, on the property. The goal within this area is to remove ground cover that will produce flame lengths in excess of one foot. Such a fuel break shall be increased by ten feet for each 10% increase in slope over 10%. Adjacent property owners are encouraged to cooperate on the development of primary fuel breaks. 4. Secondary Fuel Break - A secondary fuel break will be installed, maintained and shall extend a minimum of 100 feet beyond the primary fuel break where surrounding landscape is owned and under the control of the property owner during construction. The goal of the secondary fuel break is to reduce fuels so that the overall intensity of any wildfire is reduced through fuels control. 5. All structures shall be constructed or re-roofed with Class B or better non-wood roof coverings, as determined by the Oregon Structural Specialty Code. All re-roofing of existing structures in the Wildfire Lands area for which at least 50% of the roofing area requires re-roofing shall be done under approval of a zoning permit. No structure shall be constructed or re-roofed with wooden shingles, shakes, wood-product material or other combustible roofing material, as defined in the City's building code. C. Fuel breaks in areas which are also Erosive or Slope Failure Lands shall be included in the erosion control measures outlined in section 18.62.080. D. Implementation. 1. For land which have been subdivided and required to comply with A. (6) above, all requirements of the Plan shall be complied with prior to the commencement of construction with combustible materials. 2. For all other structures, the vegetation control requirements of section (B) above shall be complied with before the commencement of construction with combustible materials on thelot. (Ord. 2657, 1991) 3. As of November 1, 1994, existing residences in subdivisions developed outside of the Wildfire Lands Zone, but later included due to amendments to the zone boundaries shall be exempt from the requirements of this zone, with the exception of section 18.62.090 B.5. above. All new residences shall comply with all standards for new construction in section 18.62.090 B. 4. Subdivisions developed outside of the wildfire lands zone prior to November 1, 1994, but later included as part of the zone boundary amendment, shall not be required to prepare LAND USE CODE or implement Fire Prevention and Control Plans outlined in section 18.62.090 A. (Ord 2747, 1994) (Ord 2808, Added, 12/02/1997) SECTION 18.62.100 Development Standards for Severe Constraint Lands. A. Severe Constraint Lands are extremely sensitive to development, grading, filling, or vegetation removal and, whenever possible, alternative development should be considered. B. Development of floodways is not permitted except for bridges and road crossings. Such crossings shall be designed to pass the 100 year flood without raising the upstream flood height more than six inches. C. Development on lands greater than 35% slope shall meet all requirements of section 18.62.080 in addition to the requirements of this section. D. Development of land or approval for a planning action shall be allowed only when the following study has been accomplished. An engineering geologic study approved by the City's Public Works Director and Planning Director establishes that the site is stable for the proposed use and development. The study shall include the following: 1. Index map. 2. Project description to include location, topography, drainage, vegetation, discussion of previous work and discussion of field exploration methods. 3. Site geology, based on a surficial survey, to include site geologic maps, description of bedrock and surficial materials, including artificial fill, locations of any faults, folds, etc., and structural data including bedding, jointing and shear zones, soil depth and soil structure. 4. Discussion of any off-site geologic conditions that may pose a potential hazard to the site, or that may be affected by on-site development. 5. Suitability of site for proposed development from a geologic standpoint. 6. Specific recommendations for cut slope stability, seepage and drainage control or other design criteria to mitigate geologic hazards. 7. If deemed necessary by the engineer or geologist to establish whether an area to be affected by the proposed development is stable, additional studies and supportive data shall include cross-sections showing subsurface structure, graphic logs with subsurface exploration, results of laboratory test and references. 8. Signature and registration number of the engineer and/or geologist. 9. Additional information or analyses as necessary to evaluate the site. (Ord 2808, Added, 12/02/1997) SECTION 18.62.110 Density Transfer. Density may be transferred out of unbuildable areas to buildable areas of a lot provided the following standards are met: A. Partitions and subdivisions involving density transfer shall be processed under Performance Standards, Chapter 18.88 of the Ashland Municipal Code. B. A map shall be submitted showing the net buildable area to which the density will be transferred. C. A covenant shall be recorded limiting development on the area from which density is transferred. D. Density may not be transferred from one ownership to another but only within the lot(s) owned by the same person. E. Density may be transferred only on contiguous lots under common ownership. LAND USE CODE F. The density of the buildable area may not be increased to more than two (2) times the permitted density of the underlying zone. Fractional units are to be rounded down to the next whole number. (Ord. 2528, 1989) (Ord 2808, Added, 12/02/1997) SECTION 18.62.130 Penalties. The following sections are in addition to the enforcement actions that may be taken and penalties which may be imposed in chapter 18.112 for a violation of this chapter: A. Whenever any work is being done contrary to the provisions of this chapter or whenever erosion control measures, tree protection measures, wildfire control measures, or Flood plain corridor development measures are not being properly maintained or are not functioning properly due to faulty installation or neglect, the director of community development or the director’s designee, may order the work stopped by notice in writing served on any persons engaged in the doing or causing of such work to be done, and any such persons shall immediately stop work until authorized by the director or designee to proceed with the work. B. All development under this chapter and all work or construction for which a permit is required under this chapter shall be subject to inspection by the director of community development or the director’s designee. When an inspection is made under this section or when it is necessary to make an inspection to enforce this code, or when the director or designee has reasonable cause to believe that there exists upon Hillside Lands a condition which is contrary to or in violation of this chapter which makes the premises unsafe, dangerous or hazardous, the director or designee may enter the premises at reasonable times to inspect or to perform the duties imposed by this chapter. The director or designee shall first make a reasonable effort to locate the owner or other person having charge of the premises and request entry. C. The City may refuse to accept any development permit application, may revoke or suspend any development or building permit, or may deny occupancy on the property until erosion control measures, tree protection measures, wildfire control measures, or Flood plain corridor development measures have been installed properly and are maintained in accordance with the requirements of this chapter. D. The owner of the property from which erosion occurs due to failure or neglect of erosion control measures, together with any person or parties who cause such erosion shall be responsible to mitigate the impacts of the erosion and prevent future erosion. (Ord 2808, Added, 12/02/1997) ATTACHMENT D Draft Water Resources Map HS VA N LY AR Y WT I L VA R E KLA W Pa r ad is e C re e k T SN AM TH GI T SN AM THG IW TS E C T YDS ROFAI NR OF IL A C T SY RE VA TS N L OCN IL V AM LAP V A N IA TN U OM S VA E S RO M T SH CAE B TSN NYL T SY T REB IL T SN NA T R O M T SN O SIR RAH T S L O RA C T S N A M RE HS TS O HA DI TS K A O TSR OLY AT TS M A HSE RG TS E IR HTU G E DAT SEMSY E NTR T UO C TS T S ERC LLI H T S G AR D ATTACHMENT E Local Wetlands Inventory & Assessment Riparian Corridor Inventory with Oregon Division of State Lands Approval Letter ATTACHMENT F Written Comments Received since July 22, 2008 Planning Commission Meeting ATTACHMENT G “A Guide to Riparian Tree Planting in Southwest Oregon” M. Bennett and G. Ahrens, September 2007 Oregon State Univ. Extension Service