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HomeMy WebLinkAbout3000 18.63 Water Resource Protection Zones ORDINANCE NO. '?JOOO AN ORDINANCE AMENDING THE ASHLAND LAND USE ORDINANCE CREATING A NEW CHAPTER 18.63 WATER RESOURCE PROTECTION ZONES. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass'n of Firefiqhters. Local 1660. Beaverton ShOD 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, the City of Ashland Planning Commission considered the above-referenced recommended amendments to the Ashland Municipal Code at a duly advertised public hearing on November 6, 2008 and following deliberations recommended approval of the amendments; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the above-referenced amendments on April 21, 2009, and on several additional public hearing continuance dates; and WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents of the City, it is necessary to amend the Ashland Land Use Ordinance in manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. SECTION 2. A new Chapter 18.63 of the Ashland Municipal Code [WATER RESOURCES PROTECTION ZONES] set forth in full codified form on the attached Exhibit A and made a part hereof by this reference, is hereby added to the Ashland Municipal Code. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. Page 1 of 2 SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1, 3-4) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accJ1rdance 'D'ith brticle X, Section 2(C) of the City Charter on the 17 day of IIOV~ ,2009, and duly PASSED and ADOPTED this I~ day of ~-'~~ ,2009. iI(~ Barbara M. Christensen, City Recorder SIGNED and APPROVED this IS-day of )c~ 2009. .. Reviewed as to form: Page 2 of 2 Exhibit A. Chapter 18.63 WATER RESOURCE PROTECTION ZONES SECTIONS: 18.63.010 Purpose and Intent 18.63.020 Where Regulations Apply 18.63.030 Definitions 18.63.040 Inventory of Ashland's Water Resources 18.63.050 Establishment of Water Resource Protection Zones . 18.63.060 Activities and Uses Exempt from These Regulations 18.63.070 Limited Activities and Uses within Water Resource Protection Zones 18.63.080 Water Resource Protection Zones Reductions 18.63.090 Hardship Variances 18.63.100 Approval Standards for land Divisions and Property Line Adjustments within Water Resource Protection Zones 18.63.110 Plan Requirements 18.63.120 Mitigation Requirements 18.63.130 Map Errors and Adjustments 18.62.140 Enforcement and Penalties 18.63.010 Purpose and Intent The purpose and intent of this chapter are: A. To implement state and federal law with respect to the protection of clean water, pollution control and preservation of endangered species. B. To protect Ashland's Goal 5 significant wetlands and riparian areas, thereby protecting and restoring the hydrologic, ecologic and land conservation functions these areas provide for the community. C. To implement the provisions of Statewide Planning Goals 6 and 7, which require the buffering and separation of those land uses and activities that lead to or may create impacts on water quality, as well as to reduce the risk to people and property resulting from the inappropriate management of wetland and riparian areas. . D. To implement the goals and policies of the Environmental Resources chapter of Ashland's Comprehensive Plan with respect to water resources, wetlands, floodplains and stream flooding. E. To reduce flood damage and potential loss of life in areas subject to periodic flooding. F. To better manage storm water drainage, minimize maintenance costs, protect properties adjacent to drainage ways, improve wa!er quality, protect riparian and aquatic fish and wildlife habitat and provide opportunities for trail connections. AMC Chapter 18.63 Water Resource Protection Zones 12/15/2009 Page 1 G, To protect water associated with Ashland's hydrology for human uses, fish and wildlife and their habitats. H, To control erosion and limit sedimentation. I. To protect the amenity values and educational opportunities of Ashland's wetlands, water bodies and associated riparian areas as community assets. J. To improve public appreciation and understanding of wetlands and riparian areas for their unique ecosystem structure and functions and for the human-nature interactions they provide. K. To improve and promote coordination among local, state, and federal agencies regarding development activities near Ashland's wetlands, water bodies and associated riparian areas. ' L. In cases of hardship, to provide a procedure to alter wetlands and riparian areas only when offset by appropriate mitigation, as stipulated in the ordinance and other applicable state and federal requirements. 18.63.020 Where Requlations Applv A. The provisions of this chapter apply to all lands containing Water Resources and Water Resource Protection Zones. Water Resources and Water Resource Protection Zones are defined, established and protected in this chapter, B. State and federal wetland and riparian regulations will continue to apply within the City of Ashland, regardless of whether or not these areas are mapped on Ashland's Water Resources Map. Nothing in this chapter shall be interpreted as superseding or nullifying state or federal requirements, Additionally, the City of Ashland shall provide notification to the Oregon Department of State lands (DSl), as required by Division 23 of Oregon Administrative Rules, for all applications concerning development permits or other land use decisions affecting wetlands on the inventory. C. The burden is on the property owner to demonstrate that the requirements of this chapter are met or are not applicable to development activity or other proposed use or alteration of land. The Staff Advisor may make a determination based on the Water Resources Map, field check, and any other relevant maps, site plans and information that a Water Resource or Water Resource Protection Zone is not located on a particular site or is not impacted by proposed development, activities or uses. In cases where the location of the Water Resource or Water Resource Protection Zone is unclear or disputed, the Staff Advisor may require a survey, delineation prepared by a natural resource professional, or a sworn statement from a natural resource professional that no Water Resources or Water Resource Protection Zones exist on the site, D. All Water Resource Protection Zones shall be protected from alteration and development, except as specifically provided in this chapter. No person or entity shall alter or allow to be altered any real property designated as a Water Resource Protection Zone, except as set forth in an exemption, approved planning application or permit authorized in this chapter. No person or entity AMC Chapter 18.63 Water Resource Protection Zones 12/15/2009 Page 2 shall use or allow to be used, property designated as a Water Resource Protection Zone, except as set forth in an exemption, approved planning application or permit authorized in this chapter, E. Where this chapter and any other ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. It is likely that there will be some overlap between theregulations in this chapter and those in Chapter 18.62 Physical and Environmental Constraints, which regulates development in physical constrained areas including floodplains, Where two regulations are in conflict, the most stringent shall govern. 18.63.030 Definitions Alter or Alteration - means any human-induced physical change to the existing condition of land or improvements thereon including but not limited to clearing, grubbing, draining, removal of vegetation (chemical or otherwise), excavation, grading, placement of fill material, placement of structures or impervious surfaces or other construction. "Permit to be altered" means allowing or failing to prevent the alteration, Approval Authority - the Staff Advisor, Planning Commission or its Hearings Board, Hearings Officer, or City Council as determined by the applicable procedural requirements. Bank Full Stage - means the two year recurrence interval flood elevation. Centerline of Stream - an imaginary line that is in the midpoint of the stream channel. In cases where a stream has multiple or braided channels, the centerline of stream is the midpoint between the outermost or upland sides of the stream channels (Figure 1). Figure 1: Centerline of Stream Clearing - means the removal, redistribution or disturbance of vegetation, soil or substrate that may include trees, brush, grass, ground cover, or other vegetative matter from a site, Drainage Ditch or Channels include: 1. Roadside ditches that carry only storm water runoff from the adjacent road and the immediate surrounding area, (Drainage ditches do not include historically altered streams or channels that convey surface water flows. These features are still classified as streams for the purpose of this ordinance.) 2. Constructed channels designed as part of the storm water infrastructure and drain directly from storm water facilities or storm pipe systems. AMC Chapter 18.63 Water Resource Protection Zones 12/15/2009 Page 3 Enhancement - means actions performed to improve the condition or functions and values of a Water Resource and its associated Protection Zone. Enhancement actions include but are not limited to increasing plant diversity, increasing fish and wildlife habitat, installing environmentally compatible erosion controls, and removing invasive plant species, Fill Material - means a deposit of earth or other natural or manmade material placed by artificial means. Filling - means the act of placing fill material in any amount, including the temporary stockpiling of fill material. Fish Bearing or Fish Habitat - means inhabited at any time of the year by anadromous or game fish species or fish that are listed as threatened or endangered species under the state or federal endangered species acts. Fish use is determined from Oregon Department of Forestry Stream Classification, Oregon Department of Fish and Wildlife and Oregon Department of State lands maps for salmonid fish distribution. Hand-held Equipment or Machinery - means equipment or machinery held in and operated by hand, Hand-held equipment or machinery includes but is not limited to manual tools, weed eaters, chainsaws, and equipment or machinery with wheels and a weight of 100 pounds or less such as push lawn mowers and brush mowers. For the purposes of this ordinance, equipment or machinery with wheels and a weight in excess of 100 pounds is not considered hand-held equipment or machinery. Impervious Surface - means surface materials which prevent the normal infiltration of storm water into the ground. lawn - means grass or similar materials maintained as a ground cover of less than six inches in height. For purposes of this ordinance, lawn is not considered native vegetation regardless of the species used, local Native Plant Species - means those plant species appropriate to planting in or adjacent to a Water Resource that are native species indigenous to the Rogue River Basin. local native plant species are adapted to the elevation, weather, soils and hydrology of the area; will support the desired structure, functions, and values of the water resource; and once established require significantly less maintenance than non-native species, The City of Ashland Planning Division maintains a list of recognized site-appropriate local native plant species for both wetland and stream bank water resource applications, along with a list of known local suppliers. Plants may be added to or removed from the local Native Plant List if reviewed and approved by the Staff Advisor in consultation with the City Horticulturist, Tree Commission, other professional groups with demonstrable expertise ~nd local, state and federal agencies, Mitigation - means taking one or more of the following actions listed in order of priority: 1. Avoiding the impact altogether by not taking a certain development action or parts of that action. AMC Chapter 18.63 Water Resource Protection Zones 12/15/2009 Page 4 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 fi,elds, and at least four years of relevant post graduate experience. Non-native Species - means a plant species which is not indigenous to the local area, Noxious and Invasive Vegetation - means plant species which are recognized as having a significant potential to disrupt the functions and values of local Water Resource ecosystems. The City of Ashland Planning Division maintains a list of recognized noxious and invasive plants. Plants may be added to or removed from the Prohibited Plant List if reviewed and approved by the Staff Advisor in consultation with the City Horticulturist, Tree Commission, other professional groups with demonstrable expertise and local, state and federal agencies. Power-assisted Equipment or Machinery - means equipment or machinery other than hand- held equipment or machinery. For the purposes of this ordinance, equipment or machinery with wheels and a weight in excess of 100 pounds is considered power-assisted equipment or machinery. Principal Building - a building in which the principal use of the zoning district in which it is located is conducted. Restoration - means efforts performed to re-establish the functional values and characteristics of a critical area that have been destroyed or degraded by past alterations such as filling, grading or draining, Riparian Area - means the' area adjacent to a stream, consisting of the area of transition from an aquatic ecosystem to a terrestrial ecosystem, which affects or is directly affected by the stream. Riparian Buffer - an area located adjacent to the stream and including the riparian area that is preserved for the purpose of protecting the functions and values of the stream and the riparian area by serving to reduce the adverse effects of adjacent land uses. Riparian Corridor - "Riparian Corridor" is a Goal 5 resource that includes the water areas, fish habitat, adjacent riparian areas, and wetlands within the riparian area boundary, A Riparian Corridor is a type of Stream Bank Protection Zone, AMC Chapter 18.63 Water Resource Protection Zones 12/15/2009 Page 5 Stream - a stream means a channel such as a creek that carries flowing surface water, including perennial, intermittent and ephemeral streams with defined channels, and excluding man-made irrigation and drainage channels. Drainage channels do not include historically altered streams or channels that convey surface water flows. A stream is a type of Water Resource. Stream, Ephemeral- an ephemeral stream generally flows only during and following a rain event. Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow. Intermittent and Ephemeral Streams is a type of Stream Bank Protection Zone. Stream, Intermittent -an intermittent stream generally flows only during part of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow. Intermittent and Ephemeral Streams is a type of Stream Bank Protection Zone. Stream, Perennial - a perennial stream has flowing water year-round during a typical year, Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow. Stream, local- local Streams is a type of Stream Bank Protection Zone. Stream Bank Protection Zone - an area subject to the provisions of this chapter which includes a stream and an associated riparian buffer of varying width, as established herein, located adjacent to the stream, and in which certain human activities are regulated in order to protect the structure and functions of the stream. A Stream Bank Protection Zone is a type of Water Resource Protection Zone. There are three types of Stream Bank Protection Zones defined, established and protected in this chapter - Riparian Corridor, local Streams and Intermittent and Ephemeral Streams. Stream Bank Protection Zone Boundary - an imaginary line that is measured horizontally at a standard distance upland from the top of bank or from the center line of the stream as required in section 18.63.050. Stream Corridor Functions - include providing shade for the stream, stream bank and channel stability, woody debris for the stream, sediment retention, litter for aquatic organisms in the stream, water filtration, aquatic and riparian fish and wildlife habitat. Top of Bank - means the elevation at which water overflows the natural banks of streams or other waters of the state and begins to inundate upland areas. Physical characteristics that indicate the elevation include a clear, natural line impressed on the shore, a change from bare soil to upland vegetation (e.g. oak, fir, pine), a change in vegetation from riparian vegetation (e.g. willows, big leaf maple, alders) to upland vegetation (e,g, oak, fir, pine), a textural change of depositional sediment or changes in the character of the soil (e,g. from sand, sand and cobble, cobble and gravel to upland soils), absence of fine debris (e.g. needles, leaves, cones and seeds),> and the presence of water-borne litter or debris, water-stained leaves or water lines on tree trunks (Figure AMC Chapter 18.63 Water Resource Protection Zones 12/15/2009 Page 6 2), In the absence of physical evidence or where the top of each bank is not clearly defined, the two year recurrence interval flood elevation may be used to approximate the top of bank. Figure 2: Top of Bank Upland -land not characterized by the presence of riparian area, water bodies or wetlands. Water Resource - means a riparian, local, intermittent or ephemeral stream corridor or a wetland, as distinguished from a riparian or wetland buffer, which extends upland from the Water Resource. Water Resources Map - the adopted City of Ashland map which identifies the approximate locations of Water Resources in Ashland including officially recognized streams and wetlands identified on Ashland's local Wetland Inventory. Water Resource Protection Zone - an area subject to the provisions of this chapter which . 'includes a Water Resource and an associated buffer of varying width, as established herein, located adjacent to the Water Resource and in which certain human activities are regulated in order to protect the structure, functions and values of the resource. Water Resource Protection Zone is a category including Stream Bank Protection Zones and Wetland Protection Zones, and is used throughout this chapter to refer to Stream Bank Protection Zones and Wetland Protection Zones, Wetlands - means those areas that are inundated or saturated by surface or ground water at a frequency or duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands are a type of Water Resource. AMC Chapter 18.63 Water Resource Protection Zones 12/15/2009 Page 7 Wetlands, locally Significant - means those wetlands identified on the Water Resources Map and determined "significant wetlands" using the criteria adopted the Oregon Department of State lands (DSL), Locally Significant Wetlands is a type of Wetland Protection Zone. Wetlands, Possible - means an area that appears to meet wetland criteria but is too small (less than a half acre according to Oregon Department of State Lands (DSL) rules) to require its inclusion in the local Wetland Inventory.' The Water Resources Map notes areas that are in the Possible Wetland designation. However, there may be additional existing areas that meet the DSl wetland criteria, but are not included on the Water Resources Map. Possible Wetlands is a type of Wetland Protection Zone. Wetland Boundary - means a line marked on a map or flagged in the field that identifies the approximate wetland/non-wetland boundary. Wetland Buffer - means an area extending away from the outer delineated wetland boundary or upland edge that is preserved for the purpose of protecting the functions and values of the wetland by serving to reduce the adverse effects of adjacent land uses. Wetland Delineation - means a determination of wetland presence that includes marking the wetland boundaries on the ground and/or on a detailed map prepared by professional land survey or similar accurate methods, Wetland Functions - include wildlife habitat, fish habitat, water quality and hydrological control. Wetland Protection Zone - an area subject to the provisions of this chapter that includes all wetlands determined to be Locally Significant and Possible Wetlands with confirmed jurisdictional wetland presence, and an associated buffer area of varying width, as established herein, located adjacent to the wetland, and in which certain human activities are regulated in order to protect the structure and functions of the wetland. A Wetland Protection Zone is a type of Water Resource Protection Zone. There are two types of Wetland Protection Zones defined, established and protected in this chapter - locally Significant Wetlands and Possible Wetlands. Wetland Protection Zone Boundary - an imaginary line that is measured horizontally at a standard distance upland from the delineated wetland boundary as required in section 18,63.050. Wetland Specialist - means an individual who has the appropriate credentials verifying proven expertise and vocational experience conducting wetland delineations, 18.63.040 Inventory of Ashland's Water Resources The approximate locations of Ashland's Water Resources are identified on official maps adopted by the City of Ashland and added to the Comprehensive Plan through Ordinance 2419 (May 1987), Ordinance 2528 (July 1989) and Ordinance (December 2009). Because the Comprehensive Plan maps are acknowledged to be approximate, the more precise wetland boundaries can be mapped, staked and used for development review purposes without a modification of the Comprehensive Plan maps, AMC Chapter 18.63 Water Resource Protection Zones 12/15/2009 Page 8 18.63.050 Establishment of Water Resource Protection Zones A Water Resource Protection Zone is hereby established adjacent to and including all Water Resources to protect their integrity, function and value, The boundaries of the following Water Resource Protection Zones shall be established by an on-site survey based upon the following standards, A. Stream Bank Protection Zones, The following types of Stream Bank Protection Zones are hereby established to protect streams and their associated riparian resources. The approximate locations of streams are identified on the Water Resources Map. . 1, Riparian Corridor - For streams classified as Riparian Corridor fish-bearing streams with an annual average stream flow less than 1,000 cubic feet per second and on the Water Resources Map, the Stream Bank Protection Zone shall include the stream, plus a riparian buffer consisting of all lands within 50 feet upland from the top of bank (Figure 3). riparian buffer 50 feet l}OI I Bank ~~o/ riparian buffer 50 feet + 1 . I Stream Bank Protection Zone Figure 3: Stream Bank Protection Zone for Riparian Corridor Streams 2. local Streams - For streams classified as non-fish-bearing local Streams and on the Water Resources Map, the Stream Bank Protection Zone shall include the stream, plus a riparian buffer consisting of all lands 40 feet from the centerline of the stream (Figure 4). AMC Chapter 18.63 Water Resource Protection Zones 12/15/2009 Page 9 riparian buffer 40 feet 40 feet + 1 j ""ii.Wii'Jl;!21 I I Centerline Stream Bank Protection Zone. Figure 4: Stream Bank Protection Zone for Local Streams 3. Intermittent and Ephemeral Streams - For streams classified as Intermittent and Ephemeral Streams on the Water Resources Map, the Stream Bank Protection Zone shall include the stream, plus a riparian buffer consisting of all lands within 30 feet from the centerline of the stream (Figure 5). riparian buffer 30 feet 30 feet ~ 1 ~ ~~"I\Y.1~,~i : I Centerline Stream Bank Protection Zone Figure 5: Stream Bank Protection Zone for Intermittent and Ephemeral Streams 4. Significant Wetland Presence - Where a Stream Bank Protection Zone includes all or part of a significant wetland as identified on official maps adopted by the City of Ashland, the distance to the Stream Bank Protection Zone boundary shall be measured from, and include, the upland edge of the wetland. 5, Determination of Protection Zone - The measurement of the Stream Bank Protection Zones shall be a horizontal distance from the top of bank or from the center line of the stream as specified above. For streams that were piped or culverted prior to the effective date of this chapter, the Stream Bank Protection Zones shall be reduced to half of the required width or the width of any existing easement (e.g. drainageway easement), whichever is greater. AMC Chapter 18.63 Water Resource Protection Zones 12/15/2009 Page 10 B. Wetland Protection Zones. The following types of Wetland Protection Zones are hereby established to protect wetland resources. The approximate locations of locally Significant Wetlands and Wetlands are identified on the Water Resources Map. The precise boundary of a wetland and wetland buffer shall be established through conducting an on-site wetland delineation and survey based upon the following standards, 1. locally Significant Wetlands - For wetlands classified as locally Significant on the Water Resources Map, the Wetland Protection Zone shall consist of all lands identified to have a wetland presence on the wetland delineation, plus a wetland buffer consisting of all lands within 50 feet of the upland-wetland edge (Figure 6), A wetland delineation prepared by a qualified wetland specialist shall be submitted to the City of Ashland that graphically represents the location of wetlands on a site plan map in accordance with section 18.63.110,A.3. An average buffer width of 50 feet may be utilized around the perimeter of a significant wetland upon submission of evidence and a detailed plan by a natural resources professional demonstrating that equal or better protection of the functions and values of the resource will be ensured, and that there will be an enhanced buffer treatment through the implementation and maintenance of a restoration and enhancement plan within the buffer area. Figure 6: Wetland Protection Zone for Locally Significant Wetlands 2, Possible Wetlands - For wetlands not classified as Locally Significant on the Water Resources Map, the Wetland Protection Zone shall consist of all lands identified to have a wetland presence on the wetland delineation, plus all lands within 20 feet of the upland- wetland edge (Figure 7), Possible Wetlands includes all areas designated as such on the Water Resources Map and any unmapped wetlands discovered on site. A wetland delineation prepared by a qualified wetland specialist shall be submitted to the City of Ashland that graphically represents the location of wetlands on a site plan map in accordance with section 18,63.11 0.A.3, An average buffer width of 20 feet may be utilized around the perimeter of a possible wetland upon submission of evidence and a detailed plan by a natural resources professional demonstrating that equal or better protection of the functions and values of the resource will be ensured. AMC Chapter 18.63 Water Resource Protection Zones 12/15/2009 Page 11 "d protecu ~\~ 0,,<,; ..r'e 110,) 0.... ~ .,~ , Figure 7: Wetland Protection Zone for Possible Wetlands 3. Determination of Protection Zone - The measurement of the Wetland Protection Zone shall be a horizontal distance from the upland-wetland edge as specified above. 18.63.060 Activities and Uses ExemDt from These Reaulations A. Exempt Activities Within Water Resource Protection Zones. The following activities and uses do not require a permit or authorization under this chapter to be conducted or to continue in a Water Resource Protection Zone. Exempt activities and uses may qualify as development as defined in section 18.62.030.E and may require a permit for development in Floodplain Corridor Lands Chapter. 1. Vegetation Maintenance, Planting and Removal a, landscaping Maintenance. Continued maintenance of existing vegetation such as landscaping, lawn, gardens and trees. b. lawn. Existing lawn within Water Resource Protection Zones may be maintained, but existing lawn shall not be expanded and new lawn shall not be installed, c, Tree Pruning. Maintenance pruning of existing trees shall be kept to a minimum and shall be in accordance with the Tree Preservation and Protection Chapter 18.61. Under no circumstances shall the maintenance pruning be so severe that it compromises the tree's health, longevity, or resource functions (i.e, shade, soil stability, erosion control, etc,) d, Non-native, Noxious and Invasive Vegetation Removal. Removal of non-native, noxious and invasive vegetation, and replacement with local native plant species, The act of removing non-native, noxious and invasive vegetation shall not result in the removal of native vegetation. Local native plant species for both wetland and stream bank applications are identified on the City of Ashland's Local Native Plant Species List, and noxious and invasive vegetation approved for removal is identified on the City of Ashland's Prohibited Plant List. Removal and mowing of blackberries shall occur before May 1 or alter July 31 to protect nesting birds. e. Hazardous Tree Removal. Removal of a hazardous tree. A hazardous tree is a tree that is physically damaged to the degree that it is likely to fall and injure persons or property. A permit for Hazardous Tree Removal shall be processed under the AMC Chapter 18.63 Water Resource Protection Zones 12/15/2009 Page 12 procedures and approval criteria described in the Tree Preservation and Protection Chapter 18.61. . f. In-channel Vegetation Removal. Removal of emergent in-channel vegetation that is likely to cause flooding using non-invasive methods such as mowing or weed- whacking that do not disturb the underlying substrate. Mechanized removal of' emergent in-channel vegetation that would involve associated removal of soil below the ordinary high water line is not permitted and would otherwise be subject to state and federal wetland permitting requirements. g, Routine Planting. The planting of local native plant species or the replacement of non-native, noxious and invasive plants with local native plant species. local native plant species for both wetland and stream bank applications are identified on the City of Ashland's Local Native Plant Species List, and noxious and invasive vegetation approved for removal is identified on the City of Ashland's Prohibited Plant List. h. Use of Hand-held Equipment or Machinery. Use of hand-held equipment or machinery for vegetation maintenance, planting and removal within Water Resource Protection Zones, i. Use of Power-assisted Equipment or Machinery. Use of power-assisted equipment or machinery for vegetation maintenance, planting and removal within Water Resource Protection Zones when soil disturbance and erosion are minimized by all of the following measures, i. Use of power-assisted equipment or machinery shall occur from May 1 to October 31, and shall not occur during the remaining wet months of the year. ii. The general topography of the Water Resource Protection Zone shall be retained, iii. Soil compaction from construction equipment shall be reduced by distributing the weight of the equipment over a large area (e.g, laying lightweight geogrids, mulch, chipped wood, plywood, OSB, metal plats or other materials capable of weight distribution in the pathway of the equipment). iv. local native plant species shall not be damaged or removed. v. Disturbed areas shall be replanted so that landscaping shall obtain 50% coverage after one year and 90% after five years. 2, Building, Paving and Grading a. Testing. Site investigative work with minimal surface area disturbance conducted by or required by a city, county, state, or federal agency such as surveys, percolation tests, soil borings or other similar tests. b. Unpaved Trails. The establishment of unpaved trails and related educational displays. Trail width shall not exceed 36 inches, stair width shall not exceed 50 inches, and trail grade shall not exceed 20% except for the portion of the trail containing stairs, Trails in public parks may be up to 72 inches in width to accommodate high pedestrian traffic areas. Trails construction within a delineated wetland boundary shall be by permit in accordance with local, state and federal permitting requirements and approved management plans, c. Storm Water Treatment Facility Maintenance. Routine maintenance of storm water treatment facilities such as detention ponds or sediment traps, vegetated swales and constructed wetlands in order to maintain flow and prevent flooding when conducted in accordance with local, state and federal permitting requirements and AMC Chapter 18.63 Water Resource Protection Zones 12/15/2009 Page 13 approved management plans. Multi-year maintenance plans for existing storm water treatment facilities without previously approved management plans require a Limited Activity and Use Permit in accordance with section 18.63.070A2. 3. Nonconforming Activities, Uses and Structures - An activity, use or structure legally established prior to the adoption of this chapter, which would be prohibited by this chapter or which would be subject to the limitations and controls imposed by this chapter shall be considered a nonconforming activity, use or structure, and may continue subject to the following provisions, a. Nonconforming Structures. Nonconforming structures within or partially within a Water Resource Protection Zone may be maintained and used, b. Expansion of Nonconforming Structures. Expansion of the footprint of a nonconforming structure within or partially within a Water Resource Protection Zone if the expansion of the footprint occurs outside the Water Resource Protection Zone and additional surface area in the Water Resource Protection Zone is not disturbed, Additional stories may be added to nonconforming structures if the existing building footprint with the Water Resource Protection Zone is not changed in size or shape and additional surface area in the Water Resource Protection Zone is not disturbed. c, Replacement of Nonconforming Principal Buildings in Residential Zoning Districts. Nonconforming principal buildings within or partially within a Water Resource Protection Zone and located in residential zoning districts may be replaced or rebuilt if the existing building footprint within the Water Resource Protection Zone is not changed in size or shape and additional surface area in the Water Resource Protection Zone is not disturbed. Repair and reconstruction of a nonconfonning structure under this section shall be in accordance with the requirements of the Flood Damage Prevention Regulations Chapter 15,10, d, Replacement of Nonconforming Structures in Non-Residential Zoning Districts and Within Historic Districts. Nonconforming structures within or partially within a Water Resource Protection Zone, located in a non-residential zoning district and within a Historic District may be replaced or rebuilt if the existing building footprint within the Water Resource Protection Zone is not changed in size or shape and additional surface area in the Water Resource Protection Zone is not disturbed. Repair and reconstruction of a nonconforming structure under this section shall be in . accordance with the requirements of the Flood Damage Prevention Regulations Chapter 15.10. . e. Previously Approved Building Envelopes and Driveways. Previously approved building envelopes and driveways within or partially within a Water Resource Protection Zone may be built as originally approved and do not have to meet the requirements of this chapter if the following conditions are met: i. Building permits are approved and construction is commenced within 36 months from the effective date of this ordinance. ii. The building envelope or driveway location was established and received City of Ashland Planning Division approval prior the effective date of this ordinance. iii. The building envelope is located on a vacant lot. iv. The building envelope is located on a lot which was created prior to the effective date of this ordinance, AMC Chapter 18.63 Water Resource Protection Zones 12/15/2009 Page 14 v. The driveway will provide access to a lot which was created prior to the effective date of this ordinance. f. Exemptions for Historic Public Parks and Properties. Nonconforming activities, landscaping, uses and structures included in Lithia Park, Blue Bird Park and Calle Guanajuato and located in the Water Resource Protection Zone may be used, maintained and replaced, but shall not be expanded or enlarged within the Water Resource Protection Zone, Repair and reconstruction of a nonconforming structure under this section shall be in accordance with the requirements of the Flood Damage Prevention Regulations Chapter 15,10, 4. City Emergency Activities - Emergency repair authorized by the City Administrator or his/her designee which must be undertaken immediately, or for which there is insufficient time for full compliance with this chapter, in order to address at least one of the following, a. Prevent an imminent threat to public health or safety. b. Prevent imminent danger to public or private property. c, Prevent an imminent threat of serious environment degradation, B. Additional Exempt Activities and Uses within Stream Bank Protection Zones. In addition to the Exempt Activities and Uses in section 18,63.060.A, the following activities and uses do not require a permit or authorization under this chapter to be conducted or to continue in a Stream Bank Protection Zone, 1. Fire Hazard Prevention - Cutting or thinning of vegetation for fire hazard prevention provided that the cutting or thinning is the minimum necessary to alleviate the potential fire hazard and is consistent with City standards for Wildfire lands described in the Physical and Environmental Constraints Chapter 18.62. 2. Stream Restoration and Enhancement - Stream restoration and enhancement projects when all of the following are met. a. The restoration and enhancement results in a net gain in stream bank corridor functions. b, The lot is in a residential zoning district and occupied only by a single-family dwelling and accessory structures. c. The property has not undergone stream restoration and enhancement work in the past 12 months. d. The restoration and enhancement project does not involve in-stream work. e. The restoration and enhancement project may include minor earth moving activities involving excavation or placement of up to five cubic yards of soil and earth-moving activity disturbing a surface area of no more than 1,000 square feet. 3, Fences - Fences limited to open wire, electric or similar fence that will not collect debris or obstruct flood waters, but not including wire mesh or chain link fencing, may be installed in the upland half of the riparian buffer furthest away from the stream. Solid wood fencing is prohibited in Water Resource Protection Zones. Fencing in a designated floodplain shall conform to the requirements of section 18.62.070.K. AMC Chapter 18.63 Water Resource Protection Zones 12/15/2009 Page 15 4, Outdoor Patio Areas- Outdoor patio areas consisting of porous solid surfaces up to 150 square feet in size per lot, but not including decks, may be constructed in the upland half of the riparian buffer furthest away from the stream. 5, Public Utility Maintenance and Replacement - Routine maintenance and replacement of existing public utilities and irrigation pumps if work disturbs no more total surface area than the area inside the public utility easement and up to an additional five percent surface area of the public utility easement outside of the public utility easement. 6. Private Utility Maintenance and Replacement - Routine maintenance and replacement of existing private utilities and irrigation pumps. 7, Driveway and Street Maintenance and Paving - Maintenance, paving and reconstruction of existing public and private streets and driveways if work disturbs no more total surface area than the area inside the street right-of-way or access easement and up to an additional five percent surface area of the street right~of-way or access easement outside of the right-of-way or easement. Public streets shall be located in public right-of-way or a public easement. C, Additional Exempt Activities and Uses within Wetland Protection Zones. In addition to the Exempt Activities and Uses in section 18.63.060.A, the following activities and uses do not require a permit or authorization under this chapter to be conducted or to continue in a Wetland Protection Zone. 1. Fire Hazard Prevention - Perimeter mowing or thinning of vegetation only within the wetland buffer for fire hazard prevention provided that the mowing or thinning is the minimum necessary to alleviate the potential fire hazard and is consistent with City standards for Wildfire lands described in the Physical and Environmental Constraints Chapter 18.62. 2. Fences - Fences limited to open wire, electric or similar fence that will not collect debris or obstruct flood waters, but not including wire mesh or chain link fencing, may be installed in the wetland buffer. Solid wood fencing is prohibited in Water Resource Protection Zones. Fencing in a designated floodplain shall conform to the requirements of section 18,62.070.K. 18.63.070 Limited Activities and Uses within Water Resource Protection Zones The following activities and uses within Water Resource Protection Zones are allowed under a Type I land use procedure provided the activities or uses comply with the approval standards set forth in section 18.63.070.0. A. Limited Activities and Uses within Water Resource Protection Zones. 1, Use of Power-assisted Equipment or Machinery - Use of power-assisted equipment or machinery for vegetation maintenance unless otherwise exempted in section 18.63.060.A.1.i. 2. Multi-year Maintenance Plans - Multi-year maintenance plans may be authorized as follows for existing areas or storm water treatment facilities in Water Resource Protection Zones which do not have a previously approved management plans. AMC Chapter 18.63 Water Resource Protection Zones 12/15/2009 Page 16 a. Publicly and Commonly Owned Properties. The routine restoration and enhancement of publicly and commonly owned properties such as public parks and private open spaces. b. Storm Water Treatment Facilities. The ongoing routine maintenance of storm water treatment facilities such as detention ponds or sediment traps, vegetated swales and constructed wetlands in order to maintain flow and prevent flooding. Routine maintenance of storm water treatment facilities in accordance with an approved management plan is exempted as outline in section 18.63.060.A.2,c. 3. Building, Paving, and Grading Activities - Permanent alteration of Water Resource Protection Zones by grading or by the placement of structures, fill or impervious surfaces may be authorized as follows. a. New Public Access and Utilities. The location and construction of public streets, bridges, trails, multi-use path connections and utilities deemed necessary to maintain a functional system and upon finding that no other reasonable, alternate location outside the Water Resource Protection Zone exists. This title, the Comprehensive Plan, Transportation System Plan, adopted utility master plans and other adopted documents shall guide this determination. b, New Private Access and Utilities. The location and construction of private streets, driveways and utilities to provide a means of access to an otherwise inaccessible or landlocked property where no other reasonable, alternate location outside the Water Resource Protection Zone exists. c. Storm Water Treatment Facility Installation. Installation of public and, private storm water treatment facilities such as detention ponds or sediment traps, vegetated swales and constructed wetlands. d. Replacement of Nonconforming Accessory Structures in Residential Districts and Replacement of Nonconforming Structures in Non-Residential Zoning Districts and Outside Historic Districts. Replacement of nonconforming structures located within or partially within the original building footprint, except those nonconforming principal buildings exempted in section 18.63.060.A.3, provided replacement does not disturb additional surface area within. the Water Resource Protection Zone, B, Additional Limited Activities and Uses within Stream Bank Protection Zones. In addition to the Limited Activities and Uses in section 18.63.070.A. the following activities and uses with the Stream Bank Protection Zones are allowed under a Type I land use procedure provided the activities or uses comply with the approval standards set forth in section 18.63.070.0. 1. Stream Restoration and Enhancement - Restoration and enhancement projects resulting in a net gain in stream bank corridor functions unless otherwise exempted in section 18.63.060,B,2. Restoration and enhancement activities not otherwise associated with development involving building, grading or paving are encouraged, and planning application fees associated with reviewing these activities for compliance with applicable land use standards may be waived by the Staff Advisor. 2. Driveway and Street Maintenance and Paving - Maintenance, paving, and reconstruction of existing public and private streets and driveways if work disturbs more total surface area than the area inside the street right-of-way or access easement and an additional five percent AMC Chapter 18.63 Water Resource Protection Zones 12/15/2009 Page 17 surface area of the street right-of-way or access easement outside of the right-of-way or easement. . Public streets shall be located in public right-of-way or a public easement. 3. Public Facility Paving and Reconstruction - Paving and reconstruction of public parking areas and walkways if additional surface area in the Stream Bank Protection Zone is not disturbed, the public facilities are deemed necessary to maintain a functional system and upon finding that no other reasonable alternate location outside the Water Resource Protection Zone exits, 4. Public Utility Maintenance and Replacement - Routine maintenance and replacement of existing public utilities and irrigation pumps if work disturbs more total surface area than the area inside the public utility easement and an additional five percent surface area of the public utility easement outside of the public utility easement. 5. Erosion Control - Erosion control and stream bank stabilization measures that have been approved by the Oregon Department of State lands (DSL), the U.S. Army Corps of Engineers, or other state or federal regulatory agencies, and that utilize non-structural bio- engineering methods. 6. Storm Water Outfall - Construction of a storm water outfall discharging treated storm water from an adjacent developed area provided that the discharge meets local, state and federal water quality regulations. 7. Bridges - The installation of a bridge or similar, bottomless crossing structure for the purpose of constructing a public or private street, bicycle or pedestrian crossing, as well as to provide a means of access to an otherwise inaccessible or landlocked property, 8. Flood Control Measures - Installation or expansion of structural flood control measures, including but not limited to concrete retaining walls, gabions, gravity blocks, etc" shall generally be prohibited, but approved only if demonstrated that less-invasive, non-structural methods will not adequately meet the stabilization or flood control needs. C. Additional Limited Activities and Uses within Wetland Protection Zones. In addition to the Permitted Activities and Uses in section 18.63.070.A, the following activities and uses with the Wetland Protection Zones are allowed under a Type I land use procedure provided the activities or uses comply with the approval standards set forth in section 18.63.070.0. 1. Wetland Restoration and Enhancement - Wetland restoration and enhancement projects resulting in a net gain in wetland functions, Wetland restoration and enhancement activities not otherwise associated with development involving building, grading or paving are encouraged, and planning application fees associated with reviewing these activities for compliance with applicable land use standards may be waived by the Staff Advisor. 2. Driveway and Street Maintenance and Paving - Maintenance, paving, and reconstruction of existing public and private streets and driveways, Public streets shall be located in public right-of-way or public easement. AMC Chapter 18.63 Water Resource Protection Zones 12/15/2009 Page 18 3, Public and Private Utility Maintenance and Replacement - Routine maintenance and replacement of existing public and private utilities that disturb lands within the Wetland Protection Zone. D, Approval Standards for Limited Activities and Uses within Water Resource Protection Zones. All Limited Activities and Uses within Water Resource Protection Zones described in section 18.63.070 shall be processed as a Type I land use procedure, The approval authority may approve or approve with conditions a request to conduct Limited Activities and Uses in a Water Resource Protection Zone based upon findings that the following standards have been satisfied, 1. All activities shall be located as far away from streams and wetlands as practicable, designed to minimize intrusion into the Water Resources Protection Zone and disturb as little of the surface area of the Water Resource Protection Zone as practicable. 2. The proposed activity shall be designed, located and constructed to minimize excavation, grading, area of impervious surfaces, loss of native vegetation, erosion, and other adverse impacts on Water Resources, 3. On stream beds or banks within the bank full stage, in wetlands, and on slopes of 25% or greater in a Water Resource Protection Zone, excavation, grading, installation of impervious surfaces, and removal of native vegetation shall be avoided except where no practicable alternative exists, or where necessary to construct public facilities or to ensure slope stability. 4. Water, storm drain and sewer systems shall be designed, located and constructed to avoid exposure to floodwaters, and to avoid accidental discharges to streams and wetlands. 5. Stream channel repair and enhancement, riparian habitat restoration and enhancement and wetland restoration and enhancement will be restored through the implementation of a mitigation plan prepared in accordance with the standards and requirements in section 18.63.120. 6, Long term conservation, management and maintenance of the Water Resource Protection Zone shall be ensured through preparation and recordation of a management plan as described in section 18,63.120.C, except a management plan is not required for residentially zoned lots occupied only by a single-family dwelling and accessory structures. 18.63.080 Water Resource Protection Zone Reductions A Water Resource Protection Zone may be reduced by up to 25% through a Type I land use procedure, and by greater than 25% and up to 50% through a Type Uland use procedure to allow alteration within the Water Resource Protection Zone based upon findings that the following approval criteria have been satisfied. A. The proposed use or activity is designed to avoid intrusion into the Water Resource Protection Zone through the use of up to a 50% reduction of any dimensional standards (e.g. required front, side and rear yard setbacks; required distance between buildings) to permit development as far outside or upland of the Water Resource Protection Zone as possible. Such adjustment to any applicable dimensional standards shall be reviewed as part of the requested reduction, and shall not be subject to a separate Variance application under Chapter 18,100. Reductions to AMC Chapter 18.63, Water Resource Protection Zones 12/15/2009 Page 19 dimensional standards may not be used to reduce required Solar Access setbacks without evidence of agreement by the effected property owner(s) to the north through a concurrent Solar Access Variance application as described in section 18.70.060. . B, The alteration of the Water Resource Protection Zone is the minimum necessary to efficiently perform the proposed activity and/or use. The proposed development shall minimize disturbance to the Water Resource Protection Zone by utilizing the following design options to minimize or reduce impacts of development. . 1. Multi-story construction shall be considered. 2. Parking spaces shall be minimized to no more than that required as a minimum for the use. 3. Pavement shall be minimized, and all pavement used shall be installed and maintained in a pervious paving material. 4. Engineering solutions shall be used to minimize additional grading and/or fill. C, 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 a restoration and enhancement strategy set forth in a mitigation plan prepared in accordance with the standards and requirements described in section 18.63.120. D, long term conservation, management and maintenance of the Water Resource Protection Zone shall be ensured through preparation and recordation of a management plan as described in section 18.63.120,C, except a management plan is not required for residentially zoned lots occupied only by a single-family dwelling and accessory structures. 18.63.090 HardshiD Variances Hardship Variances shall be processed as 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 application of this chapter unduly restricts the development or use of the lot, and renders the lot not buildable. B. The proposed activity or use of land would have been permitted prior to the effective date of this ordinance, C. The applicant has explored all other reasonable options available under this chapter and throughout the Ashland Land Use Ordinance to relieve the hardship. 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 AMC Chapter 18.63 Water Resource Protection Zones 12/15/2009 Page 20 enhancement of the Water Resource Protection Zone in accordance with a mitigation plan prepared in accordance with the standards and requirements in section 18.63.120, E. Long term conservation, management and maintenance of the Water Resource Protection Zone shall be ensured through preparation and recordation of a management plan as described in section 18.63.120.C, except a management plan is not required for residentially zoned lots occupied only by a single-family dwelling and accessory structures. 18.63.100 ADProval Standards for land Divisions and Property Line Adiustments 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, Subdivision, Partition, and Site Design 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. 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 times the base density of the underlying zoning district. Fractional units are to be rounded down to the nearest whole number. AMC Chapter 18.63 Water Resource Protection Zones 12/15/2009 Page 21 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,C, . 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 Plan Reauirements A. 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 Uland 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 single-family residences or Limited Activities and Uses, in lieu of a surveyed location, the Staff Advisor may approve a field determination of the Water Resource Protection Zone by the Staff Advisor or his/her designee in which the applicant shall be required to stake the top-of-bank or the upland-wetland edge and the boundary of the Water Resource Protection Zone, c, For activities and use proposed within a Stream Bank Protection Zone: identification of the stream as being either fish-bearing or non-fish-bearing; identification of the top-of-bank or center line as required; and surveyed location of the stream's floodway and floodplain, if applicable. AMC Chapter 18.63 Water Resource Protection Zones 12/15/2009 Page 22 d. For activities and uses proposed within aWetland 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 foot contour increments identifying both existing grades and proposed grade changes. f. Surveyed locations of all trees six inches in diameter at breast height (dbh) or greater located in the Water Resource Protection Zone and within 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 100 feet of the Water Resource Protection Zone. j. Proposed and existing land uses within 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. I. 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. 5. Management Plan prepared in accordance with the requirements described in section 18.63.120,C" except a management plan is not required for residentially zoned lots occupied only by a single-family dwelling and accessory structures. 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 AMC Chapter 18.63 Water Resource Protection Zones 12/15/2009 Page 23 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 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 MitiQation Requirements A. Vegetation Preservation and Construction Staging. The following standards shall be addressed in mitigation plans to protect vegetation identified for preservation and water resources from sedimentation when construction activity is proposed within a Water Resources Protection Zone. 1. Work areas on the immediate site shall be identified and marked to reduce damage to trees and vegetation. Temporary construction fencing shall be placed at the drip line of trees bordering the work area. No equipment maneuvering, staging or stockpiling shall occur outside of designated work areas. 2, Trees shall not be used as anchors for stabilizing equipment. 3, 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. 4. Temporary erosion control measures shall be installed to prevent encroachment and flow of runoff, material or other debris into the Water Resource. These measures shall be installed prior to the commencement of excavation, grading, site clearing, construction or similar site work resulting in changes to the land. Access roads, staging areas, storage areas and other areas of temporary disturbance necessary to complete the proposed activity shall be restored as soon as possible, but not more than 90 days after authorized land disturbance. Erosion control measures shall be in place concurrently with construction or establishment of the proposed activity, Temporary measures used for initial erosion control shall not be left in place permanently. AMC Chapter 18.63 Water Resource Protection Zones 12/15/2009 Page 24 B. Options for Satisfying Restoration and Enhancement Requirements in Mitigation Plans. Mitigation plans are required to meet the standards in either the Prescriptive Option or Alternative Option as follows. 1. Prescriptive Option The mitigation plan shall meet the following standards. a, Re-planting Timeline. Re-planting shall occur within 90 days of authorized land disturbance. b, Restoration Area Ratio. Disturbed areas shall be re-planted and an additional area restored, re-planted and enhanced at a one square foot to one and a half square feet (1 :1.5) ratio (e.g. if 100 square feet of surface area is disturbed, 150 square feet shall be restored, re-planted and enhanced). c, local Native Plant Species Coverage. The Stream Bank Protection Zone shall be a minimum of 50% plant coverage in local native plant species with the installation of new trees only to consist of native trees (Figures 8, 9 and 10). The Wetland Protection Zone shall be 100% plant coverage in local native plant species and in accordance with local, state and federal approved management plans. local native plant species for stream bank and wetland applications are identified on the City of Ashland's Local Native Plant Species List. The use of noxious and invasive plants on the City of Ashland's Prohibited Plant List in Water Resource Protection Zones is prohibited. Stream Bank Protection Zone j 50 feet 50 feet 50% Native Shrubs & 100% Native Trees Figure 8: Native Plant Requirements for Riparian Corridor Streams AMC Chapter 18.63 Water Resource Protection Zones 12/15/2009 Page 25 ! Stream Bank Protection Zone 4{) feet 40 feet I I Centerline 1 ~- I 50% Native Shrubs & 100% Native Trees Figure 9: Native Plant Requirements for Local Streams Stream Bank Protection Zone 30 feet 30 feet I - Centrline I I ~-l-~ 50% Native Shrubs & 100"10 Native Trees Figure 10: Native Plant Requirements for Intermittent and Ephemeral Streams d. Re-planting Priorities. i. Priority shall be given to removal of noxious and invasive vegetation and planting of local native plant species, ii. Plant materials shall be located in such a manner 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. AMC Chapter 18.63 Water Resource Protection Zones 12/15/2009 Page 26 iii. Nearby riparian plant communities should be used as a guide for developing a re-vegetation plan. e, Shrub and Tree Requirements. Re-planting shall include shrubs and tree canopy layers in accordance with the following coverage and spacing requirements" i. Shrubs shall be planted and maintained to provide a minimum of 50% total coverage of the restored area within a five year period, The minimum planting size shall be one gallon, Restoration areas that have existing vegetated under- story consisting of healthy riparian shrubs that covers at least 50% of the restoration area are considered compliant with the restoration standards for under-story plantings. ii, Canopy trees shall be planted at 20-foot intervals. The minimum planting size shall be one 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 inches d,b,h. and at an average spacing of 20 feet on-<:enter are considered compliant with the restoration standards for trees. f. Erosion Control. Erosion control material such as mulch, hay, jute-netting, or comparable material shall be applied to protect disturbed, re-planted areas. Disturbed areas shall be replanted so that landscaping shall obtain 50% coverage after one year and 90% coverage after five years, g. Irrigation. New plantings shall be irrigated for a period of five years to ensure establishment. h. Performance. Local native plant species that do not survive the first two years after planting shall be replaced. i. landscape and Irrigation Plans. A mitigation plan shall include landscape and irrigation plans, with details addressing the proposed plant species, variety, size of plant materials, number of plants, timing of plantings, plant spacing and installation methods. The landscape plan shall address the plant coverage by local native plant species after five years, 2. Alternative Option -The mitigation plan shall address the following requirements, and shall meet or exceed the standards in the Prescription 9ption in section 18,63.120,B.1. The Staff Advisor may require the mitigation plan to be prepared by a natural resource professional. 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, AMC Chapter 18.63 Water Resource Protection Zones 12/15/2009 Page 27 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 year and 100% 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 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, d. landscape Plan. The Stream Bank Protection Zone shall be a minimum of 50% plant coverage in local native plant species with the installation of new trees only to consist of native trees (Figures 8,9 and 10). The Wetland Protection Zone shall be 100% plant coverage in local native plant species and in accordance with local, state and federal approved management plans. local native plant species for stream bank and wetland applications are identified on the City of Ashland's local Native Plant Species List. 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 species after five years, and shall be size and species-specific, with details addressing the timing of plantings, proposed plant placement and plant spacing. C. Management Plan. 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. 1. The approved mitigation plan. 2. Identification of Water Resources and Water Resource Protection Zone management practices to be conducted and proposed intervals. 3. The following statements. a. "There shall be no alteration of the Water Resource Protection Zones as delineated and shown on the attached plan" (attach reduced plan), b. "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". AMC Chapter 18.63 Water Resource Protection Zones 12/15/2009 Page 28 c. "There shall be no amendment or change to this Management Plan without prior approval of the City of Ashland". 4. Provisions for the ongoing removal and management of noxious or invasive vegetation and debris. 5. Provisions for the protection of protected plant and animal species in accordance with recommendations from applicable state and federal agencies. 6. Specific provisions for city enforcement of the management plan. 7. 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). 8. Provisions for the perpetual protection and maintenance of the Water Resource and Water Resource Protection Zone including but not limited to the following. a. Recordation of a conservation easement or Conditions, Covenants, and Restrictions (CC&Rs) which prescribe the conditions and restrictions set forth in the approved planning application, development permit, building permit, or proposed public facilities plans, and any imposed by state or federal permits. b. 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 planning application, development permit, building permit, or proposed public facilities plans, and any imposed by state or federal permits. c. 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. D. A Performance Guarantee. In general, mitigation shall be implemented prior to or concurrently with the project. The approval authority may require a performance bond or similar monetary insurance of up to 110% 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. '18.63.130 Map Errors and Adiustments 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 AMC Chapter 18.63 Water Resource Protection Zones 12/15/2009 Page 29 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 A. Fine. A violation of any provision of this chapter, a permit issued under this chapter or any condition of a permit issued under this chapter shall be a violation as defined by General Penalty Chapter 1.08 and punishable by a fine as set forth in that section. 8. Mitigation and Management. Within 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, mitigation shall be required and the Slaff Advisor may require the property owner to submit a mitigation plan prepared by a natural resource professional and in accordance with seclion 18.63.120.8. 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. AMC Chapter 18.63 Water Resource Protection Zones 12/15/2009 Page 30