HomeMy WebLinkAbout2008-10-28 Planning PACKET
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ASHLAND PLANNING COMMISSION
SPECIAL MEETING
OCTOBER 28, 2008
AGENDA
I. CALL TO ORDER:
7:00 PM, Civic Center, 1175 E. Main Street
II. ANNOUCEMENTS
III. APPROVAL OF AGENDA
IV. PUBLIC FORUM
V. TYPE III PUBLIC HEARINGS
A. Water Resource Protection Zones Ordinance.
VI. UNFINISHED BUSINESS
A. November/December Study Session Schedule
VII. ADJOURNMENT
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ASHLAND PLANNING DEPARTMENT
STAFF REPORT
Addendum I
October 28, 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, adoption of an Ordinance to amend the Ashland Comprehensive Plan
to adopt the Water Resources Map including significant wetlands and riparian corridors
identified in the Local Wetlands Inventory and Assessment and Riparian Corridor Inventory, and
to revise the Floodplain Corridor Lands Map to provide consistency with the stream
classifications with the Water Resources Map. Finally, adoption of an Ordinance to adopt the
“Local Wetlands Inventory and Assessment and Riparian Corridor Inventory” by reference as a
technical study supporting the Ashland Comprehensive Plan.
I. Relevant Facts
A. Background
The Planning Commission took testimony, and reviewed and discussed the draft Water
Resource Protection Zones ordinance package at the September 9, 2008 meeting. The
public hearing was continued to the October 14, 2008 meeting. Because of a full agenda
of planning applications, the public hearing was continued to the October 28, 2008
meeting.
The update of the local ordinances on wetlands and riparian corridors was identified as a
City Council goal in 2001. Work began on the project in 2003 with a wetland and
riparian inventory. Numerous public workshops and study sessions have been held
throughout the course of the project. The final effort to adopt revised wetland and
riparian land use regulations began in April 2008, and in this time period, the Planning
Commission has reviewed the draft ordinance at five meetings.
B. Revisions to Draft Chapter 18.63
A revised copy of Chapter 18.63 is attached, and is intended to replace the two versions
of Chapter 18.63 (Exhibits A and B) in the September 9, 2008 Planning Commission
packet.
There have been minor formatting changes to the draft Chapter 18.63 to improve
readability, to strikeout repetitive phrases, to correct numerical references and to correct
number and letter sequences. Additionally, nine figures have been added to the end of
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the document.
The substantive revisions to Chapter 18.63 included in the September 9, 2008 version of
the ordinance are highlighted and identified by a comment box. Additionally, new
substantive revisions made to the September 9, 2008 draft are shown with deleted text
shown in strikeout and new text shown in underline. Several of the new revisions, such
as historic parks and properties, native plant requirement, canopy coverage and
enforcement, are to address concerns that were raised by the Planning Commission on the
list of issues from the September 9, 2008 meeting.
The substantive revisions, both from September 9, 2008 draft and the newest changes, are
summarized below.
1. Overlapping Regulations (p3)
Language was added regarding using the more restrictive regulation in situations
where regulations overlap or conflict. Similar language was added in the draft
revisions to Chapter 18.62 which were included in the September 9, 2008
Planning Commission packet.
2. Top of Bank (p7)
– in 9/9/08 draft
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)
– in 9/9/08 draft
o
For Local Streams and Intermittent 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.
3. Restoration Standards for Exempt Activities (p11 and pp27-29)
The list of requirements for Exempt Activities was deleted, and replaced with a
reference to the restoration standards included in the mitigation section. The
previous list of requirements and restoration standards are essentially the same,
with further specificity included in the restoration standards.
4. Outdoor Use Area and Pervious Paving (pp11-12)
– in 9/9/08 draft
The draft includes 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. Additionally, a provision allowing porous solid surfaces (e.g.
patios) to be installed in the outdoor area was included. If the native plant
requirement described below in item 12 is included in the draft, Staff recommends
the Outdoor Use Area be deleted because it would further increase the area of
non-native plants in the riparian buffers.
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5. Unpaved Trails (pp12-13 and pp15-16)
– in 9/9/08 draft
Language was added allowing unpaved trails in the Water Resource Protection
Zones. Installation of paved trails would be required to obtain a Limited Activity
and Use planning approval. Additional language was added permitting the trails
in Stream Bank Protection Zones to be located closer to and within the stream
bank if approved by state and federal agencies.
6. Nonconforming Structures (p13)
– in 9/9/08 draft
Language was added exempting the replacement of legally established
nonconforming principal structures in residential zoning districts that are
destroyed by a fire or natural hazard from the requirements of the proposed
chapter. Additionally, language was added exempting the replacement all non-
conforming structures (e.g. commercial outdoor seating areas and decks) in non-
residential zoning district that are destroyed by a fire or natural hazard form the
requirements of the proposed chapter.
7. Historic Parks and Properties (p13 and p16)
Language was added exempting the maintenance and replacement of
nonconforming features of Lithia Park, Blue Bird Park and Calle Guanajuato
from the requirements of the proposed chapter. However, the nonconforming
features can not be expanded or enlarged in a Water Resource Protection Zone.
8. Previously Approved Building Envelopes and Driveways (pp13-14)
– in
9/9/08 draft
Language was added permitting previously approved building envelopes and
driveways that would be nonconforming to be built as approved, and exempt from
the requirements of the proposed chapter. Additionally, language was added
placing a time limit of three years to the building envelope and driveway
exemption after the effective date of the ordinance.
9. Maintenance and Replacement of Existing Streets, Driveways and Utilities
(p14 and pp17-20)
– in 9/9/draft
An exemption was added in the September 9, 2008 draft permitting the
maintenance, 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. In the current draft, staff expanded this
method to maintenance and replacement of public utilities. The replacement of
private utilities is retained as an exempt activity.
10. Removal of Invasive Vegetation (p17 and pp29-30)
Previously, the use of herbicides, pesticides and chemical fertilizer was prohibited
in Water Resource Protection Zones. The use of herbicides to remove invasive
vegetation such as Himalayan blackberries in Stream Bank Protection Zones was
added as a Limited Activity and Use, which would require a Type I planning
approval. In researching the issue, Staff found that the limited and proper
application of aquatic safe herbicide is typically seen as necessary to permanently
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eradicate Himalayan blackberries in riparian areas.
11. Native Plant Requirements (p5, p27 and p30)
In the previous drafts of Chapter 18.63, disturbed areas in the Water Resource
Protection Zones were required to be entirely planted in native plant species. At
the June 24, 2008 meeting, the Planning Commission suggested expanding the
native plant list to included compatible plants.
In researching the issue, Staff determined that the list of compatible plants would
be extensive. Staff suggests rather than developing a lengthy, comprehensive
compatible plants list that a shorter, prohibited plant list be used. Staff has been
working with Donn Todt, Ashland Parks and Recreation Horticulturist and Ann
Rich, Ashland Parks and Recreation Assistant Horticulturist to identify plants that
are not compatible with riparian areas. These “nuisance” plants are not
necessarily noxious or invasive plants, but should not be planted in riparian areas
because they tend to easily re-seed and take over.
In the current draft, language has been added to the definition of local native plant
species and noxious and invasive vegetation allowing plants to be added to and
removed from the lists if approved by the Staff Advisor and City Horticulturist.
The use of all native plants in wetlands has been retained. For the riparian
buffers, Staff has developed language that would require the area closest to the
stream to be planted entirely in native plants. The remaining riparian buffer
further from the stream would be required to be planted in a minimum of 50
percent native plants, thereby permitting the flexibility to plant up to 50 percent in
non-native plants.
12. Ground Cover, Under-Story and Canopy Tree Standards (p28)
The Restoration Standards previously included planting standards for ground
cover, under-story and canopy trees in Water Resource Protection Zones. The
standards have been expanded to included plant coverage standards, minimum
plant size requirements and standards for existing vegetation.
13. Enforcement and Penalties (p32)
A section was added referencing the General Penalties section of the Ashland
Municipal Code, which outlines the procedure for citations and fines for
violations of the municipal code. Additionally, the enforcement section allows
the City to require the owner to re-establish the natural condition when a water
resource protection zone is illegally altered. Finally, language similar to Chapter
18.61 Tree Preservation and Protection is included allowing the court to add
additional fees for enforcement costs incurred by the City.
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II. 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.
III. Conclusions and Recommendations
Staff recommends the Planning Commission recommend approval to the City Council of the
regulations and map modifications that would update and revise Ashland’s land use requirements
regarding the protection of wetlands, streams and riparian corridors.
The revision package includes Ashland Land Use Ordinance (ALUO) revisions, Comprehensive
Plan map amendments and adoption of a technical study. At the September 9, 2008 Planning
Commission Meeting, a suggestion was made to break the package into several motions to
facilitate the decision making process. To this end, potential motions are suggested below to
address the various components of the regulation revision package. Additionally, a fourth
potential motion is included to address the various public information and involvement items
identified by the Planning Commission on the list of issues from the September 9, 2008 meeting.
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A. Potential Motions
1. Ashland Land Use Ordinance (ALUO) Revisions
Move to recommend approval to the City Council of 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)
with the following amendments:
Delete exemption for outdoor use area in Stream Bank Protection Zones,
o
etc.
o
2. Comprehensive Plan Maps
Move to recommend approval to the City Council of adoption of an Ordinance
amending the Ashland Comprehensive Plan to adopt the Water Resources Map
including significant wetlands and riparian corridors identified in the “Local
Wetlands Inventory and Assessment and Riparian Corridor Inventory”, and to amend
the Floodplain Corridor Lands Map to provide consistency with the stream
classifications on the Water Resources Map.
3. Local Wetlands Inventory and Assessment and Riparian Corridor Inventory
Move to recommend approval to the City Council of adoption of an Ordinance
adopting the “Local Wetlands Inventory and Assessment and Riparian Corridor
Inventory” by reference as a technical study supporting the Ashland Comprehensive
Plan.
4. Public Information Projects and Programs
Move to recommend the following public information and involvement projects be
considered with the implementation of the revised land use regulations regarding the
protection of wetland, streams and riparian corridors:
Technical Advisory Committee
o
User’s Guide
o
Demonstration Sites
o
etc.
o
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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
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.
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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 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
Protection Zone is unclear or disputed, the Staff Advisor may require a survey, delineation
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prepared by a natural resource professional, or a sworn statement from a natural resource
professional that no Water Resources or Water Resource Protection Zones exist on the site.
D. All Water Resource Protection Zones shall be protected from alteration and development,
except as specifically provided in this chapter. No person or entity shall alter or allow to be altered
any real property designated as a Water Resource Protection Zone, except as set forth in an
exemption, planning action or permit authorized in this chapter. No person or entity shall use or
allow to be used, property designated as a Water Resource Protection Zone, except as set forth in
an exemption, planning action or permit authorized in this chapter.
E. Where this chapter and any other ordinance, easement, covenant or deed restriction conflict or
overlap, whichever imposes the more stringent restrictions shall prevail. It is likely that there will
be some overlap between the regulations in this chapter and those in chapter 18.62 Physical and
Environmental Constraints, which regulates development in physical constrained areas including
floodplains. Where two (2) regulations are in conflict, the most stringent shall govern.
Comment \[u1\]:
Addresses
overlapping regulations.
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 (2) 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
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limited to increasing plant diversity, increasing fish and wildlife habitat, installing environmentally
compatible erosion controls, and removing invasive plant species.
Fill Material - means a deposit of earth or other natural or manmade material placed by artificial
means.
Filling - means the act of placing fill material in any amount, including the temporary stockpiling of
fill material.
Fish Bearing or Fish Habitat - means inhabited at any time of the year by anadromous or game
fish species or fish that are listed as threatened or endangered species under the state or federal
endangered species acts. Fish use is determined from Oregon Department of Forestry Stream
Classification, Oregon Department of Fish and Wildlife and Oregon Department of State Lands
maps for salmonid fish distribution.
Hand-Held Equipment or Machinery - means equipment or machinery held in and operated by
hand. Hand-held equipment or machinery includes but is not limited to manual tools, weed eaters,
chainsaws, and equipment or machinery with wheels and a weight of one-hundred (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 one-hundred (100) pounds is not considered
hand-held equipment or machinery.
Impervious Surface – means surface materials which prevent the normal infiltration of storm
water into the ground.
Lawn - means grass or similar materials maintained as a ground cover of less than six (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.
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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 the Rogue River Basin.
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 local native plant species for both
wetland and stream bank water resource applications, along with a list of known local suppliers.
Plants may be added to or removed from the Local Native Plant List if reviewed and approved by
the Staff Advisor and the City Horticulturist.
Mitigation - means taking one (1) 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 and Invasive Vegetation – means plant species which are recognized as having a
significant potential to disrupt the functions and values of local Water Resource ecosystems. The
City of Ashland Planning Division maintains a list of recognized noxious and invasive plants.
Plants may be added to or removed from the Prohibited Plant List if reviewed and approved by the
Staff Advisor and the City Horticulturist.
Power-Assisted Equipment or Machinery - means equipment or machinery other than hand-
held equipment or machinery. For the purposes of this ordinance, equipment or machinery with
wheels and a weight in excess of one-hundred (100) pounds is considered power-assisted
equipment or machinery.
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Principal Building – 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, consisting of the area of transition from an
aquatic ecosystem to a terrestrial ecosystem, which affects or is directly affected by the stream.
Riparian Buffer – an area located adjacent to the stream and including the riparian area that is
preserved for the purpose of protecting the functions and values of the stream and the riparian
area by serving to reduce the adverse effects of adjacent land uses.
Riparian Corridor - “Riparian corridor” is a Goal 5 resource that includes the water areas, fish
habitat, adjacent riparian areas, and wetlands within the riparian area boundary. A Riparian
Corridor is a type of Stream Bank Protection Zone.
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.
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Stream Bank Protection Zone – an area subject to the provisions of this chapter which includes
a stream and an associated riparian buffer of varying width, as established herein, located
adjacent to the stream, and in which certain human activities are regulated in order to protect the
structures and functions of the stream. A Stream Bank Protection Zone is a type of Water
Resource Protection Zone. There are three (3) types of Stream Bank Protection Zones defined,
established and protected in this chapter – Riparian Corridor, Local Streams and Intermittent and
Ephemeral Streams.
Stream Bank Protection Zone Boundary - an imaginary line that is measured horizontally at a
standard distance upland from the top of bank or from the center line of the stream as required in
section 18.63.050.
Stream Corridor Functions - include providing shade for the stream, stream bank and channel
stability, woody debris for the stream, sediment retention, litter for aquatic organisms in the
stream, water filtration, aquatic and riparian fish and wildlife habitat.
Top of Bank - means the elevation at which water overflows the natural banks of streams or other
waters of the state and begins to inundate upland areas. Physical characteristics that indicate the
elevation include a clear, natural line impressed on the shore, a change from bare soil to upland
vegetation (e.g. oak, fir, pine), a change in vegetation from riparian vegetation (e.g. willows, big
leaf maple, alders) to upland vegetation (e.g. oak, fir, pine), a textural change of depositional
sediment or changes in the character of the soil (e.g. from sand, sand and cobble, cobble and
gravel to upland soils), absence of fine debris (needles, leaves, cones and seeds), and the
presence of water-borne litter or debris, water-stained leaves or water lines on tree trunks (Figure
1). In the absence of physical evidence or where the top of each bank is not clearly defined, the
Comment \[u2\]:
From 9/9/08 draft –
provides specific physical factors to
two (2) year recurrence interval flood elevation may be used to approximate the top of bank.
determine the top of bank.
Upland – land not characterized by the presence of riparian area, water bodies or wetlands.
Water Resource - means a riparian, local, intermittent or ephemeral stream corridor or a wetland,
as distinguished from a riparian or wetland buffer, which extends upland from the Water Resource.
Water Resources Map – the adopted City of Ashland map which identifies the approximate
locations of Water Resources in Ashland including officially recognized streams and wetlands
identified on Ashland’s Local Wetland Inventory.
Water Resource Protection Zone - an area subject to the provisions of this chapter which
includes a Water Resource and an associated buffer of varying width, as established herein,
located adjacent to the Water Resource and in which certain human activities are regulated in
order to protect the 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.
Ashland Water Resource Protection Ordinance
Draft Ordinance 10/28/08
Page 7 Ashland Planning Division
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 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 – means an area that appears to meet wetland criteria but is too small
(less than a half (1/2) 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.
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.
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 (2) 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.
Ashland Water Resource Protection Ordinance
Draft Ordinance 10/28/08
Page 8 Ashland Planning Division
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.
18.63.050 Establishment of Water Resource Protection Zones
A Water Resource Protection Zone is hereby established adjacent to and including all Water
Resources to protect their integrity, function and value. The boundaries of the following Water
Resource Protection Zones shall be established by an on-site survey based upon the following
standards.
A. Stream Bank Protection Zones. The following types of 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 – For streams classified as Riparian Corridor fish-bearing streams with
an annual average stream flow less than one-thousand (1,000) cubic feet per second and on
the Water Resources Map, the Stream Bank Protection Zone shall include the stream, plus a
riparian buffer consisting of all lands within fifty (50) feet upland from the top of bank (Figure
2).
2. Local Streams – For streams classified as non-fish-bearing Local Streams and on the
Water Resources Map, the Stream Bank Protection Zone shall include the stream, plus a
riparian buffer consisting of all lands forty (40) feet from the centerline of the stream (Figure
Comment \[u3\]:
From 9/9/08 draft –
protection zone measured from center
3).
line of stream.
3. Intermittent and Ephemeral Streams – For streams classified as Intermittent and
Ephemeral Streams on the Water Resources Map, the Stream Bank Protection Zone shall
include the stream, plus a riparian buffer consisting of all lands within thirty (30) feet from the
centerline of the stream (Figure 4).
Comment \[u4\]:
From 9/9/08 draft –
protection zone measured from center
line of stream.
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 from the top of bank or from the center line of the stream
as specified above.
Ashland Water Resource Protection Ordinance
Draft Ordinance 10/28/08
Page 9 Ashland Planning Division
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 and wetland buffer shall be established through conducting an on-site wetland
delineation and survey based upon the following standards.
1. Locally Significant Wetlands – For wetlands classified as locally significant on the Water
Resources Map, the Wetland Protection Zone shall consist of all lands identified to have a
wetland presence on the wetland delineation, plus a wetland buffer consisting of all lands
. A wetland delineation prepared by
within fifty (50) feet of the upland-wetland edge (Figure 5)
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 fifty (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 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 twenty (20) feet of the
upland-wetland edge (Figure 6). Other Possible Wetlands includes all areas designated as
such on the Water Resources Map and any unmapped wetlands discovered on site. A
wetland delineation prepared by a qualified wetland specialist shall be submitted to the City of
Ashland that graphically represents the location of wetlands on a site plan map in accordance
with section 18.63.110.A.3. An average buffer width of twenty (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.
3. Determination of ProtectionZone - The measurement of the Wetland Protection Zone
shall be a horizontal distance from the upland-wetland edge as specified above.
18.63.060 Exempt Activities and Uses within Water Resource Protection Zones
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 restoration requirements included in 18.63.120.B.1.b are met. All
Comment \[u5\]:
Requirements for
exempt activities referenced to restoration
disturbed soil surface area shall be re-planted using local native plant species, erosion control
standards, rather than being listed below.
material shall be applied (e.g. mulch, hay, jute-netting, or comparable) and temporary irrigation
facilitiesshall 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
Ashland Water Resource Protection Ordinance
Draft Ordinance 10/28/08
Page 10 Ashland Planning Division
permanent changes to the topography of the Stream Bank Protection Zone. Using herbicides,
pesticides or chemical fertilizers in the Stream Bank Protection Zone shall not be permitted as part
of the exempt activities.All applicable state and federal permits shall be obtained prior to
commencement of exempt activities and uses.
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 Prohibited
Plant List with hand-held equipment or machinery. 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 (6) 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 or machinery.
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, 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. 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.
Comment \[u6\]:
Staff recommends
deleting this section if changes to native
plant requirements on page 27 and page
a. The total outdoor use area in the Stream Bank Protection Zone, including existing
30 are included.
and new outdoor use areas in the Stream Bank Protection Zone, does not exceed
one hundred-fifty (150) square feet per lot.
Ashland Water Resource Protection Ordinance
Draft Ordinance 10/28/08
Page 11 Ashland Planning Division
b. The outdoor use area shall be located at least ten (10) feet from the top of bank of
the stream.
c. Porous solid surfaces, with the exception of decks, may be installed in the outdoor
use area.
Comment \[u7\]:
From 9/9/08 draft.
d. No trees six (6) inches diameter at breast height (dbh) are removed.
e. Plantings do not include plants on the City of Ashland’s Prohibited 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 .
7. Trails - The establishment of trails where all of the following are met.
Comment \[u8\]:
From 9/9/08 draft –
allows installation of unpaved trails in
Stream Bank Protection Zones for private
a. The trail installation shall retain the general topography of the Stream Bank
and public open spaces. Paved trails
would be required to get a Type 1 land
Protection Zone.
use approval.
b. 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.
c. Plant trimming shall not exceed a height of eight (8) feet and a width of six (6) feet.
d. 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.
e. Trails shall not be paved with concrete, asphalt or comparable surfacing such as
pervious concrete and asphalt.
f. Trails shall be at least ten (10) feet from the top of bank of the stream. Trails
construction shall be permitted closer to and within the stream banks if approved by
state and federal agencies.
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.
Ashland Water Resource Protection Ordinance
Draft Ordinance 10/28/08
Page 12 Ashland Planning Division
c. Prevent an imminent threat of serious environment degradation.
9. Drainage Facility Maintenance – Maintenance of wetlands, approved un-piped storm
water quality facilities or streams to maintain natural flow in accordance with state and federal
permitting requirements and approved management plans.
10. Legally Established Nonconforming Activities, Uses and Structures – The following
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 used and maintained, but shall not have the existing building footprint or
impervious surface expanded or enlarged unless the expansion or enlargement
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. In residential zoning districts, a principal building that
is legally established nonconforming may be rebuilt if damaged or destroyed by a fire
or a natural hazard (e.g. flood). In non-residential zoning districts, legally established
nonconforming structures may be rebuilt if damaged or destroyed by a fire or a
natural hazard. Repair and reconstruction of a nonconforming structure under this
Comment \[u9\]:
From 9/9/08 draft –
would exempt legally established
section shall be in accordance with the requirements of the Flood Damage Prevention
nonconforming structures such as decks
Regulations Chapter 15.10.
in C-1, E-1 and M-1 zoning districts.
c.Exemptions for Historic Public Parks and Properties. Existing legally
Comment \[u10\]:
Exempts
maintenance and replacement of
established nonconforming activities, landscaping, uses and structures included in
nonconforming components of Lithia
Lithia Park, Blue Bird Park and Calle Guanajuato and located in the Water Resource
Park, Blue Bird Park and Calle
Guanajuato. However, the
Protection Zone may be used, maintained and replaced, but shall not be expanded or
nonconforming features can not be
enlarged within the Water Resource Protection Zone. Repair and reconstruction of a
expanded or enlarged.
nonconforming structure under this section shall be in accordance with the
requirements of the Flood Damage Prevention Regulations Chapter 15.10.
d.PreviouslyApproved Building Envelopes. A previously approved building
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:
Ashland Water Resource Protection Ordinance
Draft Ordinance 10/28/08
Page 13 Ashland Planning Division
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 \[u11\]:
From 9/9/08 draft –
provides a time limit for nonconforming
building envelopes.
e.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.
will provide access to a legally created lot or parcel of record
ii. The driveway
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 \[u12\]:
From 9/9/08 draft –
provides a time limit for nonconforming
building envelopes.
f.Public Facility Maintenance and Replacement. Routine maintenance and
replacement 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 if work disturbs no more than five (5) percent
additional surface area within the Stream Bank Protection Zone.
g. Private Facility Maintenance and Replacement. Routine maintenance and
replacement of existing private drainage facilities, utilities and irrigation pumps that do
not disturb additional riparian surface area.
h.Access Maintenance.Maintenance ofexisting public and private streets,
driveways and utility lines when located in city right-of-way or public easement,and
Comment \[u13\]:
Covered by f above
and h below.
which does not disturb additional riparian surface area.
h.Access Maintenance, Paving, Repaving or Reconstruction. Paving, repaving
Comment \[u14\]:
From 9/9/08 draft –
allows existing streets and driveways to
or reconstruction of existing public and private streets and driveways if work disturbs
be maintained, repaved and rebuilt.
no more than five (5) percent additional surface area within the Stream Bank
Protection Zone. Public streets and driveways shall be located in city public right-of-
way or public easement.
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,
Ashland Water Resource Protection Ordinance
Draft Ordinance 10/28/08
Page 14 Ashland Planning Division
provided the following restoration requirements included in 18.63.120.B.1.b are met. All disturbed
Comment \[u15\]:
Requirements for
exempt activities referenced to restoration
soil surface area shall be re-planted using local native plant species, erosion control material shall
standards, rather than being listed below.
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 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 shall be obtained prior to commencement of exempt
activities and uses.
1. Routine Planting - The planting of local native plant species or the replacement of noxious,
invasive and non-native plants with local native plant species with hand-held equipment or
machinery. Noxious and invasive vegetation approved for removal is identified on the City of
Ashland’s Prohibited Plant List.
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. 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.)
b. Perimeter mowing and other cutting necessary in the wetland buffer for hazard
prevention with hand-held equipment or machinery.
3. Trails - The establishment of trails where all of the following are met.
Comment \[u16\]:
From 9/9/08 draft –
allows installation of unpaved trails in
Stream Bank Protection Zones for private
a. The trail installation shall retain the general topography of the Wetland Protection
and public open spaces. Paved trails
would be required to get a Type 1 land
Zone.
use approval.
b. 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.
c. Plant trimming shall not exceed a height of eight (8) feet and a width of six (6) feet.
d. 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.
Ashland Water Resource Protection Ordinance
Draft Ordinance 10/28/08
Page 15 Ashland Planning Division
e. Trails shall not be paved with concrete, asphalt or comparable surfacing such as
pervious concrete and asphalt.
f. 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. Drainage Facility Maintenance – Maintenance of wetlands, approved un-piped storm
water quality facilities or streams to maintain natural flow in accordance with state and federal
permitting requirements and approved management pants.
6. 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
surface expanded or enlarged unless the expansion or enlargement 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.Exemptions for Historic Public Parks and Properties. Existing legally
Comment \[u17\]:
Exempts
maintenance and replacement of
established nonconforming activities, landscaping, uses and structures included in
nonconforming components of Lithia
Lithia Park, Blue Bird Park and Calle Guanajuato and located in the Water Resource
Park, Blue Bird Park and Calle
Guanajuato. However, the
Protection Zone may be used, maintained and replaced, but shall not be expanded or
nonconforming features can not be
enlarged within the Water Resource Protection Zone. Repair and reconstruction of a
expanded or enlarged.
nonconforming structure under this section shall be in accordance with the
requirements of the Flood Damage Prevention Regulations Chapter 15.10.
Ashland Water Resource Protection Ordinance
Draft Ordinance 10/28/08
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 by the Staff Advisor.
2. Removal of Vegetation – Removal of vegetation may be authorized with the following
limited activities and uses.
a. Removal of non-native vegetation, and noxious and invasive vegetation listed on
the City of Ashland’s Prohibited Plant List with power-assisted equipment or
machinery.
b. Use of herbicides for removal of noxious or invasive vegetation listed on the City of
Ashland’s Prohibited Plant List. Herbicides shall not enter the stream and shall be
used in a manner consistent with the label. Prior to herbicide use, the applicant shall
demonstrate compliance with state and federal regulations and obtain any necessary
state and federal permits.
Comment \[u18\]:
Requires planning
approval for use of herbicides for noxious
and invasive vegetation removal such as
c. Hazardous Tree Removal. A hazard tree is a tree that is physically damaged to the
Himalyan blackberries.
degree that it is likely to fall and injure persons or property. In addition to the
standards described in section 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 may
be 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.
Comment \[u19\]:
From 9/9/08 draft –
maintenance, replacement or rebuilding a
street or driveway requires a Type I
b.PMaintentance, paving, repaving or reconstruction of existing public and private
planning approval if it is going to disturb
streets and driveways if work disturbs more than five (5) percent additional surface
more than 5% additional surface area
within a protection zone.
Ashland Water Resource Protection Ordinance
Draft Ordinance 10/28/08
Page 17 Ashland Planning Division
area within the Stream Bank Protection Zone. Public streets shall be located in public
right-of-way or public easement.
c. Routine maintenance and replacement of public piped drainage facilities, utilities
and irrigation pumps if work disturbs more than five (5) percent additional surface
area within the Stream Bank Protection Zone.
d. Installation or replacement of public and private drainage facilities, utilities, and
irrigation pumps.
e. Replacement of legally established nonconforming structures located within or
partially within the original building footprint, except those legally established
nonconforming principal buildings exempted in section 18.63.060.A.9.b, provided
replacement does not disturb additional surface area within the Stream Bank
Protection Zone.
f. 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.
g. 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.
h. 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.
i. 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 \[u20\]:
moved to c above
within a Stream Bank Protection Zone that disturbs additional surface area within the
Protection Zone, provided the proposed maintenance complies with any applicable state and
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
Ashland Water Resource Protection Ordinance
Draft Ordinance 10/28/08
Page 18 Ashland Planning Division
these activities for compliance with applicable land use standards may be waived by 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 vegetation, and noxious and invasive vegetation listed on
the City of Ashland’s Prohibited Plant List with hand-held or power-assisted
equipment or machinery.
b. Perimeter mowing and other cutting necessary in the wetland buffer for hazard
prevention with power-assisted equipment or machinery.
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 section 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
may be 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.
Replacement of existing public
b. Maintenance, paving, repaving or reconstruction
and private streets and driveways. Public streets shall be located in city public right-
of-way or public easement.
c. Routine maintenance of existing public and private drainage facilities and utilities
that disturbs lands within the Wetland Protection Zone.
d. 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.
Comment \[u21\]:
moved to c above
Ashland Water Resource Protection Ordinance
Draft Ordinance 10/28/08
Page 19 Ashland Planning Division
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.RoutineMaintenance of Public Utilities -Routine maintenance of public utilities located
Comment \[u22\]:
covered in c on
within a Wetland Protection Area that do not disturb additional wetland surface area, provided
page 19
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. 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 area of impervious surfaces, loss of native vegetation, erosion, and adverse
hydrological impacts on Water Resources. The aforementioned activities 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 twenty-five (25) percent or greater, except where no practicable
alternative exists, or where necessary to construct public facilities or to ensure slope stability.
3. 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 ninety (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.
4. 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 plan shall meet the mitigation requirements in
section 18.63.120. The plans shall be prepared 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.
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5. 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.
18.63.080 Water Resource Protection Zone Reductions
A Water Resource Protection Zone may be reduced by up to fifty (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. 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. The plans shall be prepared 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.
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.
C. The proposed use or activity is designed to minimize intrusion into the Water Resource
Protection Zone through the use of up to a fifty (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.
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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 ninety (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.
F. 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.
G. 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 applicant has explored all other reasonable options available under this chapter and
throughout the Ashland Land Use Ordinance to relieve the hardship.
B. The proposed activity or use of land would have been permitted prior to the effective date of
this ordinance.
C. The Hardship 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.
D. 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. 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. The plan shall
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be prepared 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.
18.63.100 Approval Standards for Land Divisions and Property Line Adjustments Within
Water Resource Protection Zones
Planning actions and procedures containing Water Resource Protection Zones and involving the
division of land or lot line adjustments shall comply with the following provisions and shall include
the plan requirements in section 18.63.110.A.3.
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, and Site
Review 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 1/2) times the base density of the underlying zoning
district. Fractional units are to be rounded down to the nearest whole number.
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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 section
18.63.120.B.2.f.
E. Mitigation Requirements. The approval authority may require a mitigation plan in
accordance with the requirements of section 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.
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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.
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 two (2) foot contour increments identifying both existing
grades and proposed grade changes.
f. Surveyed locations of all trees six (6) inches in diameter at breast height (dbh) or
greater located in the Water Resource Protection Zone and within fifteen (15) feet of
the Water Resource Protection Zone, 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, proposed and existing structures, and other
proposed and existing improvements associated with lands within one-hundred (100)
feet of the Water Resource Protection Zone.
j. Proposed and existing land uses within one-hundred (100) feet of the Water
Resource Protection Zone.
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.
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B. Building Permits and Development Activities. When approval of a planning action 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
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
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 (1) or more of the required elements of the site development plan map in section
18.63.110.A.3 if evidence is provided conclusively demonstrating that proposed excavation,
grading, site clearing, construction or similar actions resulting in changes to the property are not
located within the boundaries of the Water Resource Protection Zone.
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
a legally created lot or parcel of record or Limited Activities and Uses, the application shall
include landscaping and irrigation plans addressing the following standards.
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
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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.
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. For applications involving a planning action, Ddisturbed areas
Comment \[u23\]:
Exempt activities
are required to meet the restoration
shall be re-planted and an additional area restored, re-planted and enhanced at a one
standards.
to one and a half (1:1.5) ratio. For applications not involving a planning action (i.e.
exempt activities), disturbed areas shall be re-planted at a one to one (1:1) 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. For streams, the area from the water’s edge to the midpoint of the riparian
buffer and parallel to the stream shall be one-hundred (100) percent plant
coverage in local native plant species. The remaining Stream Bank Protection
Zone shall be a minimum of fifty (50) percent plant coverage in local native plant
species (Figures 7, 8 and 9). For wetlands, the Wetland Protection Zone shall be
one hundred (100) percent plant coverage in local native plant species and in
accordance with state- and federal-agency approved plants. The use of noxious
and invasive plants on the City of Ashland’s Prohibited Plant List in Water
Resource Protection Zones is prohibited.
Comment \[u24\]:
Added to provide
flexibility in native plant requirement.
iii. Plant materials shall be located in such a manner as 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.
iv. Nearby riparian plant communities should be used as a guide for developing a
re-vegetation plan.
v. Re-planting shall include ground cover, shrubs and tree canopy layers unless
the site soils or substrate do not typically support the growth of one (1) or more
vegetation layers.
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vi. Ground cover shall be hydro-seeded or planted at two-foot intervals or such
Comment \[u25\]:
Replanting
standards for ground cover include
other interval established by the approval authority as sufficient to attain coverage
coverage standards, minimum plant size
of the required area within a two-year period planted and maintained to provide a
requirements and existing vegetation
standards.
minimum of ninety (90) percent total coverage of the restored area within a five
(5) year period. The minimum planting size shall be one gallon. Restoration
areas that have existing healthy ground cover consisting of local native plant
species that covers at least ninety (90) percent of the restoration area is
considered compliant with the restoration standards for ground cover.
vii. Under-story plantingsShrubs shall be a minimum one-gallon materials planted
Comment \[u26\]:
Replanting
standards for shrubs include coverage
at six-foot intervals or such other interval approved by the approval authority as
standards, minimum plant size
sufficient to attain adequate coverage within a two-year period planted and
requirements and existing vegetation
standards.
maintained to provide a minimum of fifty (50) percent total coverage of the
restored area within a five (5) year period. The minimum planting size shall be
one (1) gallon. Restoration areas that have existing vegetated under-story
consisting of healthy riparian shrubs that covers at least fifty (50) percent of the
restoration area are considered compliant with the restoration standards for
under-story plantings.
viii. Canopy trees shall be planted at 20-foot intervals or such other interval as
Comment \[u27\]:
Replanting
standards for canopy trees include
required to install materials required for tree mitigation pursuant to the tree
coverage standards, minimum plant size
mitigation requirements of the Ashland Land Use Ordinance planted in a triple
requirements and existing vegetation
standards.
row with staggered spacing of twenty (20) feet on-center along the length of the
stream bank. The minimum planting size shall be three fourths ( ¾) of an to one
(1) inch caliper. All new trees shall be staked and protected by deer/rodent-proof
fencing. Restoration areas that have an existing vegetated tree canopy
consisting of healthy trees at least four (4) inches dbh and at an average spacing
of twenty (20) feet on–center are considered compliant with the restoration
standards for trees.
ix. Erosion control material shall be applied (e.g. mulch, hay, jute-netting, or
comparable) to disturbed, re-planted areas.
Temporary irrigation facilities shall be installed.New plantings shall be
x.
irrigated for a period of five (5) years to ensure establishment.
xi. Local native plant species that do not survive the first two (2) years after
planting shall be replaced.
xii. Re-planting shall occur within ninety (90) days of authorized land disturbance.
xiii. A re-planting project shall include landscape and irrigation plans, with details
addressing the proposed plant species, variety, size of plant materials, number of
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plants, timing of plantings, plant spacing and installation methods. Plant sources
and suppliers shall be identified. The landscape plan shall address the plant
coverage by local native plant species after five-years.
xiv. 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 is prohibited, with the exception of the use of herbicides for
removal of noxious or invasive vegetation listed on the City of Ashland’s
Prohibited Plant List when approved as a Limited Activity and Use in accordance
with section 18.63.070.
xv. For applications not involving a planning action (e.g. exempt activities), soil
disturbance shall not result in permanent changes to the topography of the
Stream Bank Protection Zone.
2. For All Other Applications – For all other applications not covered in section 1 above, the
mitigation plan shall be prepared by a natural resource professional, comply with all state and
federal regulations and permitting requirements, conform to all local regulations and permit
requirements related to flood areas, and contain at a minimum the following components.
a.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.
b. 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 (1) year and one-hundred (100) percent
shade canopy coverage after three years.
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 (2) 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.
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d.Landscape Plan. For streams, the area from the water’s edge to the midpoint of
the riparian buffer and parallel to the stream shall be one-hundred (100) percent plant
coverage in local native plant species. The remaining Stream Bank Protection Zone
shall be a minimum of fifty (50) percent plant coverage in local native plant species
(Figures 7, 8 and 9). For wetlands, the Wetland Protection Zone shall be one hundred
(100) percent plant coverage in local native plant species and in accordance with
state- and federal-agency approved plants. The use of noxious and invasive plants
on the City of Ashland’s Prohibited Plant List in Water Resource Protection Zones is
prohibited. The landscape plan shall address the plant coverage by local native plant
Comment \[u28\]:
Added to provide
flexibility in native plant requirement.
species after five (5) years, and shall be size- and species-specific, with details
addressing the timing of plantings, proposed plant placement and plant spacing.
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. is prohibited, with the exception of the use of herbicides for removal of
noxious or invasive vegetation listed on the City of Ashland’s Prohibited Plant List
when approved as a Limited Activity and Use in accordance with section 18.63.070.
f.Management Plan. As a condition of approval, except in the case of an existing lot
containing only a single family home and Limited Activities and Uses, 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. 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”.
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“There shall be no amendment or change to this Management Plan
without prior approval of the City of Ashland”.
iv. Provisions for the ongoing removal and management of noxious or invasive
vegetation and debris.
v. Provisions for the protection of protected plant and animal species in
accordance with recommendations from applicable state and federal agencies.
vi. Specific provisions for city enforcement of the management plan.
vii. 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).
viii. Provisions for the perpetual protection and maintenance of the Water
Resource and Water Resource Protection Zone including but not limited to the
following.
ix. 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.
x. 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.
xi. 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.
g. 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 one hundred and ten (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.
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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.
18.63.140 Enforcement and Penalties
Comment \[u29\]:
Section added
referencing General Penalties section of
AMC, which allows enforcement actions
A.Fine. A violation of any provision of this chapter, a permit issued under this chapter or any
for violations of the proposed chapter.
condition of a permit issued under this chapter shall be an infraction as defined by AMC 1.08.020
and punishable by a fine as set forth in that section.
B. Mitigation and Management. Within thirty (30) days of notification by the City of Ashland
Planning Division of a violation of a provision of this chapter or any condition of a permit issued
under this chapter, the property owner shall submit a mitigation plan in accordance with Section
18.63.120.B.2 prepared by a natural resource professional, and a management plan as outlined in
18.63.120.B.2.f prepared by a natural resource professional. The property shall enter into a
management plan, and failure to enter into a management plan as required by this section or
failure to comply with any condition of that plan shall be an infraction as defined by AMC 1.08.020
and punishable by a fine as set forth in that section.
C. Enforcement Fee. In addition to a fine, the court may impose an enforcement fee as
restitution for the enforcement costs incurred by the City. This fee may be imposed upon any
person who violates any provision of this chapter or who violates any permit or condition of any
issued permit under this chapter. The fee shall be in an amount established by resolution of the
City Council.
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Figure 1: Top of Bank
Figure 2: Riparian Buffer for Riparian Corridor Streams
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Figure 3: Riparian Buffer for Local Streams
Figure 4: Riparian Buffer for Intermittent and Ephemeral Streams
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Figure 5: Wetland Buffer for Locally Significant Wetlands
Figure 6: Wetland Buffer for Other Possible Wetlands
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Figure 7: Native Plant Requirements for Riparian Corridor Streams
Figure 8: Native Plant Requirements for Local Streams
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Figure 9: Native Plant Requirements for Intermittent and Ephemeral Streams
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MATERIAL SUBMITTED BY
COMMISSIONER MINDLIN