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HomeMy WebLinkAbout2419 Replaces AMC 18.62ORDINANCE NO. 2419 AN ORDINANCE REPLACING CHAPTER 18.62 IN ITS ENTIRETY, OF TITLE 18 OF THE ASHLAND MUNICIPAL CODE, THE LAND-USE ORDINANCE, WITH A NEW "PHYSICAL AND ENVIRONMENTAL CONTRAINTS" CHAPTER, AND ADOPTING TWO NEW OFFICIAL PHYSICAL AND ENVIRONMENTAL CONSTRAINTS MAPS. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 18.62 of Title 18 of the Ashland Municipal Code, the Land-Use Ordinance, shall be replaced in its entirety with a new "Physical and Environmental Constraints" chapter, as set forth in Exhibit "A" attached hereto and made a part of hereof. SECTION 2. Two maps, the Physical and Environmental Constraints maps, attached hereto as Exhibit "B" and Exhibit "c" and made a part hereof, are hereby adopted as the official Physical and Environmental Constraints maps for the City of Ashland. The foregoing Ordinance was first read on the 5th day of May, 1987 and duly PASSED and ADOPTED this 19' -# day of May, 1987. q~L ~~~:- Nan . FI=&nkl~n City Recorder SIGNED an.d APPROVED this ~ / LJL- day of May, 1987. K ~ /Jt~. L. Gordon Medaris Mayor ;, Sections: 18.62.010 18.62.020 18.62.030 18.62.040 18.62.050 18.62.060 18.62.070 18.62.075 18.62.080 18.62.090 18.62.100 ~~--~- '~-~-"""'--- -~.,~._- Exhib it "A" - 1 - Chapter 18.62 PHYSICAL & ENVIRONMENTAL CONSTRAINTS Purpose and Intent. Regulations. Definitions. Approval and Permit Required. Land Classifications. Official Maps. Development Standards for Riparian Lands. Development Standards for Riparian Preserve Lands. Development Standards for Erosive and Slope Failure Lands. Development Standards for Wildfire Lands. Development Standards for Severe Constraint Lands. 18.62.010 pureose and Intent. The purpose of this Chapter is to prov1de for safe, orderly and beneficial development of districts characterized by diversity of physiographic conditionsJ to limit alteration of topography and reduce encroachment upon, or alteration of, any natural environment and; to provide for sensitive development in areas that are constrained by various natural features. Physiographic conditions can be considered to inClude, but are not limited to: slope of the land, natural drainage ways, wetlands, soil characteristics, potential landslide areas, and natural and wlldlife habitats. 18.62.020 Requ1ations. The type of regulation applicable to the land depends upon the classification in which the land is placed, as provided in Section l8.62.050. If those regulations conflict with other regulations of the City of Ashland's Municipal Code, the more st]r ingent of the two regula tions shall govern. 18.62.030 Definitions. The following terms are hereby defined as they apply to this Chapter: A. Architect - An architect licensed by the State of Oregon. B. Cohesive Soils - Residual or transported soils, usually origInating from parent rock which contains significant quantities of minerals which weather to clay. Cohesive soils have a Plasticity Index of lO or more, based on laboratory testing by AASHTO, or a site-specific scientific analysis of a particular soil material. C. ~lopment - Alteration of the land surface by: 1) gradinq, Adopted by the Planning Commission 11-12-86 I. - 2 - filling, cutting or other earth-moving activity involving more than SO cubic yards on any lot; 2) the removal of three or more living trees of over six inches diameter at breast heiqht (DBH), or the removal of 5% of the total number of living (or dead trees) over 6" DBH, whichever is greater; on any lot within anyone calendar year, or any form of commercial logging; 3) construction of a building, road, driveway, parking area, or other structure, 4) cu1verting of any stream. D. Engineer - A registered professional engineer licensed by the State of Oregon. E. Engineering Geologist - A registered professional enqineering geologist licensed by the State of Oregon. F. Floodway Channel - The floodway channel as defined in the Flood Insurance Study for Ashland, Oregon, published by the Federal Emergency Management Agency on December 1, 1980. G. Gully - A drainage incision, commonly caused by erosion, which does~experience regular or seasonal stream flow, but does act as a channel for runoff during periods of high rainfall. H. Non-cohesive Soils - Residual or transported soils containing no or very Ilttle clay, usually from crystalline granitic parent rock. Non-cohesive soils have a Plasticity Index of less than lO, based on labbratory testing by AASHTO, or a published scientific analysis of a particular soil type. 1. Riparian - That area associated with a natural water course including its wildlife and vegetation. J. Wildfire - Fire caused by combustion of native vegetation, commonly referred to as forest fire or brush fire. 11,12,040 Approval and Permit Required. A. A Type I Physical Constraints Review Permit is required for any development, as defined in l8.62.030 (C), in areas identified as Riparian land, Riparian Preserve, Erosive and Slope Failure land, or Severe Constraint land. B. If a development is part of a Site Review, Performance Standards Development, Conditional Use Permit, SUbdivision, Partition, or other Planning Action, then the Review shall be conducted simultaneously with the Planning Action and no additional fee shall be charged. C. If a development is exclusive of any other Planning Action, as noted in Subsection B, then the Physical Constraints Review shall be processed as a Type I Hearing and the permit fee shall be $25. Adopted by the Planning Commission 11-12-86 I. - 3 - D. Plans Required. The following plans shall be required for any development requiring a Physical Constraints Review: 1. A site plan containing th~ following: a) Project name. b) Vicinity map. c) Scale (the scale shall be at least one inch equals 50 feet or larger). d) North arrow. e) Date. f) Street names and locations of all existing and proposed streets within or on the boundary of the proposed development. g) Lot layout with dimensions for all lot lines. h) Location and use of all proposed and existing build- ings, fences and structures within the proposed devel- opment. Indicate which buildings are to remain and which are to be removed. i) Location and size of all public utilities affected by the proposed development. j) Location of drainage ways or public utility easements in and adjacent to the proposed development. k) A topographic map of the site at a contour interval of 5 feet or less. ~ I) Location of all parking areas and spaces, ingress and egress on the site, and on-site circulation. m) Locations of all existing natural features inCludinq, but not limited to, all trees of a caliper greater than 6 inches DBH, natural drainages or creeks on the site, and outcroppings of rocks, boulders, etc. In forested areas, it is necessary to identify only those trees which will be affected or removed by the proposed development. Indicate any contemplated modifications to a natural feature. n) The proposed method of erosion control, water runoff control, and tree protection for the development. 2. Additional plans and studies as required in Sections 18.62.070, 18.62.080, 18.62.090, 18.62.100 of this Chapter. E. Criteria for Approval. A Physical Constraints Review Permit shall be issued by the Hearings Officer when the Applicant demonstrates the following: l. That the development will not cause damage or hazard to persons or property upon or adjacent to the area of devel- opment. Adopted by the Planning Commission 11-12-86 I. - 4 - 2. That the applicant has considered the potential hazards that the development may create and implemented reasonable measures to mitigate the potential hazards caused by the development. 3. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously than reversible actions. The Staff Advisor or Planning Commission shall consider the existing development of the surrounding area, and the maximum permitted development permitted by the Land Use Ordinance. 4. That the development is in compliance with the requirements of this chapter and all other applicable City Ordinances and Codes. F. ThE~ Staff Advisor or Planning Commission has the power to amend plans to include any or all of the following conditions if it is deemed necessary to mitigate any potential negative impact caused by the development: 1. Require the retention of trees, rocks, ponds, water courses and other natural features. 2. Require plan revision or modification to mitigate possible negative or irreversible effect upon the topography or natural features that the proposed development may cause. G. The Staff Advisor or Planning Commission may deny the Physical and Environmental Constraints Review Permit if, in its opinion: I. The proposed development will have a detrimental effect on the lands regulated and protected by this Chapter, or if inconsistent with the Comprehensive Plan. 2. Where it appears that the proposal is part of a more extensive development that would require a master site plan, or other Planning Action. In this case, approval is to be postponed until a complete planning application has been processed. 11.12 .050 Lane! Cla..iUcationa. The following factors shall be used to determ1ne the class1fications of various lands and their constraints to building and development on them: A. Riparian Lands - Lands with potential stream flow constraints. The tOIIowing lands are classified as Riparian Lands: 1. .~ll lands within the recorded 100-year flood plain. Adopted by the Planning Commission 11-12-86 I. - 5 - 2. All lan.ds which have physical or historic evidence of flooding in historic times. 3. All areas within 20 feet (horizontal distance) of any drainage channel depicted-on the Physical and Environmental Constraints Overlay Map. B. Riparian Preservation - The following Riparian lands are also designated for Riparian Preservation for the purposes of this Section and as listed on the Physcial and Enviro~mental Constraints Overlay Maps: Tolman, Hamilton, Clay, Bear, Kitchen, AShland, Neil, and Wrights Creeks. C. Erosive and Slope Failure Lands - Lands with potential erosion hazards" Erosive Lands and Slope Failure Lands are lands which are subject to damage from erosion and slope failure. The following lands are classified as Erosive and Slope Failure Lands: 1. All areas defined as erosion and slope failure lands on the Physical Constraints Overlay map and which have a slope of 40% or greater. D. Wildfire Lands - Lands with potential of wildfire. The following lands are classified as Wildfire Lands: l. All areas defined as wildfire lands on the Physical Constraints Overlay map. E. Severe Constraint Lands - Lands with severe development characteristics which generally limit normal development: The following lands are classified as Severe Constraint Lands: 1. All areas which are within the floodway channels, as defined in the City's Flood Protection Ordinance. 2. All lands with a slope greater than 50%. F. Classifications Cumulative. The above classifications are cumulative in their effect and, if a parcel of land falls under two or more classifications, it shall be subject to the regulations of each classification. Those restrictions applied shall pertain only to those portions of the land being developed and not necessarily to the ~)ole parcel. 18.62.060 - Official Maps. A. The City Council shall adopt official maps denoting the above identif iE~d areas when adopting this Code. Amendment of these maps shall be a Type III procedure. - to Adopted by the Planning Commission 11-12-86 , -~~--- I. - 6 - 18.12.070 Development Standards for Riparian Lands. In all Riparian Lands (lands of potential water hazard), the following is required: A. Residential Construction. Where permitted, new construction and additions to any residential structures on Riparian Lands shall have the lowest floor, including basement, elevated one and one- half feet or more above the elevation established by the National Flood Insurance Study, where this information is available. Natural features such as topography, vegetation, terrain, waterways, and other similar resources shall be preserved and conform to the natural boundaries and alignment of such streams. B. Nonresidential Construction. Where permitted, new construction or s~stantial improvement of any commercial or industrial or other nonresidential structure on riparian lands shall either have the lowest habitable floor and footing basement elevated to the level of the elevation of the lOO-year flood, established by the National Flood Insurance Study or, together with all utility and attendant sanitary facilities, shall: I. Be flood-proof so that below the base flood level the structure is water-tight, with walls substantially imper- meable to the passage of water. 2. Have structural components capable of resisting hydrostatic and hydro-dynamic loads and the effects of buoyancy. 3. Be designed by an engineer or architect to meet the stan- dards of this subsection. 4. Keep to a minimum the extent and exposure of disturbed areas during development. C. Where information regarding the 100-year flood plain is not available from the National Flood Insurance Study, then the following certification is required: 1. A declaration by an engineer that the proposed building will be at least one and one-half feet above the calculated 100-year flood elevation. The 100-year flood elevation shall be determined by computing the runoff, using standard engineering techniques, of a IOO-year design storm. 2. The above declaration is not required for structures whose lowest habitable floor is at least 10 feet higher than the elevation of the creek bed on the sections of Ashland Creek not covered by the National Flood Insurance Study, and 5 feet above the creek bed for any other creek, measured at a location perpendicular to the location of the proposed Adopted by the Planning Commission 11-12-86 I. - 7 - structure. D. The culverting or bridging of any waterway or creek which qualifies under the criteria for Riparian Lands must be designed by an engineer. Such crossing shali "be designed to pass a lOO-year flood '~ithout an increase of more than 6 inches in the upstream flood height elevation. E. Standards for fill in Riparian Lands: 1. Fill shall be designed as required by the Uniform Building Code, Chapter 70, where applicable. 2. The slope on such a fill shall not exceed a grade of 50%; the toe of such fill shall be kept outside floodway channels. 3. The amount of fill in Riparian Lands shall be kept to a minimum and the following standards shall apply: a) All subdivisions, partitionings and Performance Stan- dards developments which envision development of any Riparian Lands shall indicate on the preliminary plan the location of all structures proposed to be sited in Riparian Lands. These structures shall be placed so that a minimum of fill is required to develop the land. b) Development proposals, whether residential or nonresi- dential, together with public utilities and facilities attendant to them, shall be constructed to minimize alteration of the Riparian Lands, and adequate drainage shall be provided. ~ c) To the maximum extent feasible, structures shall be located on other than Riparian Lands. l',tl,015 o.v.lopment Standards for Riparian Preservation lands. A. All development in areas indicated for Riparian Preservation, as defined in 18.62.050 (B), shall comply with the following standards: 1. Development shall be subject to all Development Standards for Riparian Lands (18.62.070). 2. Any species of pine, oak, fir, madrone, yew, or Douglas Fir over 6 inches DBH shall be retained to the greatest extent feasible. 3. Fill and culverting shall be kept to a minimum. 4. The general topography of Riparian Preservation lands shall be retained. Adopted by the Planning Commission 11-12-86 I. 8 - 18.62.080 Development Standards for Erosive and Slope Failure Lands. A. All development which removes vegetation or disturbs topsoil and leaves the disturbed soil at a slope of 50% or more shall comply with the following standards: 1. Any exposed soil shall be revegetated in a manner to reestablish a vegetative community within a one-year period from issuance of a Certificate of Occupancy. If irrigation is not provided, then the exposed soil must be planted with species which can survive without irrigation. 2. Vegetative cover, rock, dry or conventional masonry, or other permanent cover must be maintained in perpetuity on areas which have been disturbed. 3. These restrictions shall not apply to areas of exposed bed- rock which exhibit no erosion potential. B. Any development which increases the natural runoff by decreas- ing the infiltration of the soil shall conform to the following standards: 1. All roof drainage must be collected, controlled and directed either by underground pipe or concrete or asphalt gutter to a City street or storm drain or a natural water course. 2. All drainage from driveways, parking areas and other imper- vious surfaces must be collected, controlled and directed to a City street or storm drain by underground pipe or concrete or asphalt gutter. 3. Other alternate methods of storm water disposal, such as a leachfield, must be approved by the City's Public Works Department. C. Cuts and Fills. 1. All cuts, grading or fills shall conform to Chapter 70 of the Uniform Building Code. 2. In addition, any cuts and/or fills greater than 250 cubic yards must be designed by an engineer to comply with UBC Chapter 70. Such cuts andlor fills shall be designed in such a manner that they will be stable for the use intended. 3. If the excavation is not a City street or a public right- -- Adopted by the Planning Commission 11-12-86 , _.. ." - .. , .. I. - 9 - of-way, the engineer shall declare to the City, after the cut and/or fill is completed, that it was constructed to plans and meets all standards set forth in the plans approved. 4. Nothing in this Section shall abridge the City's right to inspect work in progress or in its completed state, to make appropriate measurements and tests to determine if the cut and fill was made according to plan, and to require altera- tions prior to final approval of the cut and/or fill. D. Any development or partitioning which is proposed in Erosive and Slope Failure Lands must be shown on a master plan at the time the final plan or plat is filed. All development must comply with the master plan. Any improvements necessary for the implementation of the master plan (e.g., storm drains, gutters, etc.) which invol vie two or more parcels of land must be constructed by the applicant prior to any development occurring on th~parcels. E. All structures in Erosive and Slope Failure Lands shall have foundations which have been designed by an engineer or architect. 11.12. t)IO Development Standards for Wildt ire Landa. A. A 30 foot "shaded fuel break" shall be installed and maintained around each dwelling unit or structure. Such fuel break shall be increased by 5 feet for each 10% increase in slope over 10%. B. A 111 shaded fuel break" is def ined as an area which is free of dead or dying vegetation, and has native, fast-burning species sUfficiently thinned so that there is no interlocking canopy of this type of vegetation. Where necessary for erosion control or aesthet.ic purposes, the fuel break may be planted in slow-burning species. Fuel breaks do not involve stripping the ground of all native vegetation. C. No structure shall be constructed or re-roofed with wooden shingles, shakes or other combustible roofing material, as defined in the City's building code. D. Fuel breaks in areas which are also Erosive or Slope Failure Lands shall be included in the erosion control measures outlined in Section 18.62.080. E. . In subdivisions or Performance Standards Developments, provisions for the maintenance of fuel breaks shall be included in the Cov(~nants, Conditions and Restrictions for the development. 11.12.1t)O Development Standards for Severe Constraint Lands. A. SevE~re Constraint Lands are extremely sensitive to development, grading" filling, or vegetation removal and, whenever possible, Adopted by the Planning Commission 11-l2-86 I. "t- ___ t.- - 10 - alternative development should be considered. B. Development of floodways is not permitted except for bridges and road crossings. Such crossings shall be designed to pass the 100-year flood without raising the upstream 'flood height more that 6 inches. c. Development of land or approval for a planning action shall be allowed only when the following study has been accomplished. An engineering geologic study approved by the City's Public Works Director and Planning Director establishes that the site is stable for the proposed use and development. The study shall include the following: I . Index map. 2. Project description to include location, topography, drain- age, vegetation, discussion of previous work and discussion of field exploration methods. 3. Site geology, based on a surficial survey, to include site geologic maps, description of bedrock and surficial materials, including artificial fill, locations of any faults, folds, etc., and structural data including bedding, jointing and shear zones, soil depth and soil structure. 4. Discussion of any off-site geologic conditions that may pose a potential hazard to the site, or that may be affected by on-site development. 5. Suitability of site for proposed development from a geologic standpoint. 6. Specific recommendations for cut slope stability, seepage and drainage control or other design criteria to mitigate geologic hazards. 7. If deemed necessary by the engineer or geologist to estab- lish whether an area to be affected by the proposed development is stable, additional studies and supportive data shall include cross-sections showing subsurface struc- ture, graphic logs with subsurface exploration, results of laboratory test and references. 8. Signature and registration number of the engineer and/or geologist. 9. Additional information or analyses as necessary to evaluate the site. Adopted by the Planning Commission 11-12-86