Ordinance No. 02-15 CITY"OF TIGARD, OREGON
ORDINANCE NO. 02- /S
AN ORDINANCE AMENDING CHAPTERS 18.775 AND 18.797 OF THE TIGARD MUNICIPAL
CODE AND VOLUME II, SECTION 4 OF THE TIGARD COMPREHENSIVE PLAN
WHEREAS, the City currently protects sensitive lands under Chapter 18.775 of the Municipal Code and
protects water resources under Chapter 18.797 of the Municipal Code; and
WHEREAS, Chapter 18.775 and 18797 overlap and are not totally consistent; and
WHEREAS, the City is required to comply with Title 3 of the Metro Urban Growth Functional Plan; and
WHEREAS, additional protections of environmentally sensitive areas are needed to ensure a healthy
environment; and
WHEREAS, the City Council has determined that Chapter 18.775 and 18.797 should be amended to avoid
overlap and inconsistencies and to provide protection for natural resources while protecting private property
rights; and
WHEREAS,the City Council has determined that Section 4 of the Tigard Comprehensive Plan, Volume 11,
should be amended to add Clean Water Services to the list of government entities listed referenced in Water
Quality Policy 4.2.1; and
WHEREAS, the Planning Commission held a duly noticed public hearing on November 6, 2000, on the
proposed amendments to Chapter 18.775 and 18.797 of the TMC and Section 4 of the Tigard
Comprehensive Plan, and voted to forward the changes to the City Council without a recommendation; and
WHEREAS, the City Council held a public hearing on the proposed amendments to Chapter 18.775 and
18.797 on March 26,2002, and considered comments on the proposed amendments; and
WHEREAS, the amendments are consistent with applicable statewide planning goals and applicable
Comprehensive Plan policies, as detailed in the staff report,
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard Municipal Code Chapter 18.775 is amended as shown in Exhibit"A" to this
ordinance.
SECTION 2: The Tigard Municipal Code Chapter 18.797 is amended as shown in Fxhihit"R"to this
ordinance.
SECTION 3: The Tigard Comprehensive Plan, Volume 1.1 Section 4 is amended as shown in Exhibit
"C"to this ordinance.
ORDINANCE No. 02-15
Page 1
SECTION 4: The findings in support of the amendments contained in the staff report dated November
6, 2000, are adopted by this reference.
SECTION 5: In the event that a claim for just compensation is made against the City pursuant to
Article 1, Section 18 of the Oregon Constitution based on the application or enforcement
of Municipal Code Chapters 18.775 or 18.797, the City Council may waive, suspend, or
modify application or enforcement of those chapters. In the event that the waiver,
suspension, or modification results in a state statute or regulation becoming directly
applicable, the City will enforce state law as required. In the event that the waiver,
suspension, or modification results in any provision of the Metro code becoming directly
applicable,the City will enforce the applicable provision of the Metro Code.
SECTION 6: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor, and posting by the City Recorder.
PASSED: By li Q&r1JrY)60S vote of all Council members present after being read by number
and title only,this c-;UfMay of -M1, ' 2002.
Catherine Wheatley, City Record
-th
APPROVED: By Tigard City Council this :Q b—day of_"ar)kt-cy ,2002.
7�v'.&A
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s E. G fith, r
Approved as to foffl�
'i y Attorney
Date
Ucitywide/titlehmendments.adoption.ord
ORDINANCE No. 02-
Page 2
Chapter 18.775
SENSITIVE LANDS
Sections:
18.775.010 Purpose
18.775.020 Applicability of Uses: Permitted,Prohibited, and Nonconforming
18.775.030 Administrative Provisions
18.775.040 General Provisions for Floodplain Areas
18.775.050 General Provisions for Wetlands
18.775.060 Expiration of Approval: Standards for Extension of Time
18.775.070 Sensitive Land Permits
19779090 E*eeptiom for Development of the 4_09th 111 3th Ravine helow the 140 Veet Elevation
18.775.09080 Application Submission Requirements
18.775.090 Special Provisions for Development along the Tualatin River, Fanno Creek, Ball
Creek,and the South Fork of Ash Creek
18.775.100 Adjustments to Underlying Zone Setback Standards
18.775.110 Density Transfer
18.775.120 Variances to Section 18.775.090 Standards
18.775.130 Plan Amendment Option
18.775.010 Purpose
A. Maintain integrity of rivers, streams, and creeks. Sensitive land regulations contained in this chapter
are intended to maintain the integrity of the rivers, streams, and creeks in Tigard by minimizing
erosion, promoting bank stability, maintaining and enhancing water quality; and fish and wildlife
habitats, and preserving scenic quality and recreation potential.
B. Implement comprehensive plan and floodplain management program. The regulations of this chapter
are intended to implement the comprehensive plan and the city's flood plain management program as
required by the National Flood Insurance Program, and help to preserve natural sensitive land areas
from encroaching use and to maintain the September 1981 and, where revised, the March 20, 2000,
zero-foot rise floodway elevations.
C. Implement Clean Water Service (CWS) Design and Construction Standards. The regulations of this
chapter are intended to protect the beneficial uses of water within the Tualatin River Basin in
accordance with the CWS "Design and Construction Standards", as adopted 02/07/00.
D. Implement the Metro Urban Growth Management Functional Plan. The regulations of this chapter are
intended to protect the beneficial water uses and functions and values of resources within water
quality and flood management areas and to implement the performance standards of the Metro Urban
Growth Management Functional Plan.
E. Implement Statewide Planning Goal 5 (Natural Resources). The regulations in this chapter are
intended to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe
harbor provisions of the Goal 5 administrative rule pertaining to wetland and riparian corridors.
Sensitive Lands 18.7751 11/26/98
E.F.Protect public health, safety, and welfare. Sensitive land areas are designated as such to protect the
public health, safety, and welfare of the community through the regulation of these sensitive land
areas.
44.G. Location. Sensitive lands are lands potentially unsuitable for development because of their location
within:
1. The 100-year floodplain or 1996 flood inundation line, whichever is greater;
2. Natural drainageways;
3. Wetland areas which are regulated by the other agencies including the U.S. Army Corps of
Engineers and the Division of State Lands, or are designated as significant wetland on the
plan Floodplain a-ad Wetlai-A Map City of Tigard"Wetland and Stream Corridors
Map"; and
4. Steep slopes of 25% or greater and unstable ground.
18.775.020 Applicability of Uses: Permitted,Prohibited,and Nonconforming
A. CWS Stormwater Connection permit. All proposed"development", must obtain a Stormwater
Connection Permit from CWS pursuant to its"Design and Construction Standards". As used in this
chapter,the meaning of the word"development" shall be as defined in the CWS "Design and
Construction Standards": all human-induced changes to improved or unimproved real property
including:
1. Construction of structures requiring a building permit, if such structures are external to existing
structures;
2. Land division;
3. Drilling;
4. Site alterations resulting from surface mining or dredging,
5. Grading;
6. Construction of earthen berms;
7. Paving;
8. Excavation; or
9. Clearing when it results in the removal of trees or vegetation which would require a permit from
the local jurisdiction or an Oregon Department of Forestry tree removal permit.
10. The following activities are not included in the definition of development:
a. Farming activities when conducted in accordance with accepted farming practices as defined
Sensitive Lands 18.775-2 11/26/98
in ORS 30.930 and under a Senate Bill 1010 water quality management plan;
b. Construction, reconstruction, or modification of a single family residence on an existing lot of
record within a subdivision that was approved by the City or County after 09/09/95 (from ORS
92.040(2)); and
c. Any development activity for which land use approvals have been issued pursuant to a land use
application submitted to the City or County on or before 02/04/2000 and deemed complete or before
03/15/00.
A.B.Outright permitted uses with no permit required. Except as provided below and by Subsections A,
D,F and G ham ,the following uses are outright permitted uses within the 100-year floodplain,
drainageways, slopes that are 25% or greater, and unstable ground when the use does not involve
paving. For the purposes of this chapter, the word"structure" shall exclude: children's play
equipment,picnic tables, sand boxes, grills,basketball hoops and similar recreational equipment.
1. Accessory uses such as lawns, gardens, or play areas; except in (a.) a Water Quality Sensitive
Area or Vegetated Corridor, as defined in the "CWS "Design and Construction Standards" or (b)
the Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in
18.775.90.
2. Farm uses conducted without locating a structure within the sensitive land area; except in (a) a
Water Quality Sensitive Area or Vegetated Corridor, as defined in the CWS "Design and
Construction Standards", or (b) the Statewide Goal 5 vegetated corridor established for the
Tualatin River, as defined in 18.775.090.
3. Community recreation uses, excluding structures; except in (a) a Water Quality Sensitive Area or
Vegetated Corridor, as defined in the CWS "Design and Construction Standards", or (b) the
Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in 18.775.090.
4. Public and private conservation areas for water, soil, open space, forest, and wildlife resources;
5. Removal of poison oak, tansy ragwort,blackberry, English ivy, or other noxious vegetation;
6. Maintenance of floodway excluding re-channeling; except in (a) a Water Quality Sensitive Area
or Vegetated Corridor, as defined in the CWS "Design and Construction Standards", or (b) the
Statewide Goal 5 vegetated corridor established for the Tualatin River, as defined in 18.775.090.
7. Fences, except in: (a) the floodway area, (b) a Water Quality Sensitive Area or Vegetated
Corridor, as defined in the CWS "Design and Construction Standards", or (c) the Statewide Goal
5 vegetated corridor established for the Tualatin River, as defined in 18.775.090.
8. Accessory structures which are less than 120 square feet in size, except in: (a) the floodway area,
(b) a Water Quality Sensitive Area or Vegetated Corridor, as defined in the CWS "Design and
Construction Standards", or (c) the Statewide Goal 5 vegetated corridor established for the
Tualatin River, as defined in 18.775.090.
9. Land form alterations involving up to 10 cubic yards of material, except in: (a)the floodway area
or in (b) a Water Quality Sensitive Area or Vegetated Corridor, as defined in the CWS "Design
and Construction Standards", or (c) the Statewide Goal 5 vegetated corridor established for the
Tualatin River, as defined in 18.775.090.
Sensitive Lands 18.775-3 11/26/98
44 C. Exemptions. When performed under the direction of the City, and in compliance with the provisions
of the City of Tigard Standards and Specifications for Riparian Area Management, on file in the
Engineering Division,the following shall be exempt from the provisions of this section:
1. Responses to public emergencies, including emergency repairs to public facilities;
2. Stream and wetlands restoration and enhancement programs;
3. Non-native vegetation removal;
4. Planting of native plant species; and
5.Routine maintenance or replacement of existing public facilities projects.
A. Jurisdictional wetlands. Landform alterations or developments which are only within wetland areas
that meet the jurisdictional requirements and permit criteria of the U.S. Army Corps of Engineers,
Division of State Lands, CWS, and/or other federal, state, or regional
agencies, and are not designated as significant wetlands on the City of Tigard "Wetland and Streams
Corridors Map", do not require a sensitive lands permit. The City shall require that all necessary
permits from other agencies are obtained. All other applicable City requirements must be satisfied,
including sensitive land permits for areas within the 100-year floodplain, slopes of 25% or greater or
unstable ground, drainageways, and wetlands which are not under state or federal jurisdiction.
E. Administrative sensitive lands review.
1. Administrative sensitive lands permits in the 100-year floodplain, drainageway, slopes that are
25% or greater, and unstable ground shall be obtained from the appropriate community
development division for the following:
a. The City Engineer shall review the installation of public support facilities such as
underground utilities and construction of roadway improvements including sidewalks,
curbs, streetlights, and driveway aprons by means of a Type I procedure, as governed by
Section 18.390.030 subject to compliance with all of the standards in this Chapter;
b. The City Engineer shall review minimal ground disturbance(s) or landform alterations
involving 10 to 50 cubic yards of material, except in the floodway area, for land that is
within public easements and rights-of-way by means of a Type I procedure, as governed by
Section 18.390.030 subject to compliance with all of the standards in this Chapter;
C. The Director shall review minimal ground disturbance(s) or landform alterations involving
10 to 50 cubic yards of material, except in the floodway area by means of a Type I
procedure, as governed by Section 18.390.030 subject to compliance with all of the
standards in this Chapter;
d. The Director shall review the repair, reconstruction, or improvement of an existing
structure or utility, the cost of which is less than 50 percent of the market value of the
structure prior to the improvement or the damage requiring reconstruction provided no
development occurs in the floodway by means of a Type I procedure, as governed by
Section 18.390.030 subject to compliance with all of the standards in this Chapter;
Sensitive Lands 18.7751 11/26/98
e. The Building Official shall review building permits for accessory structures which are 120 to
528 square feet in size, except in the floodway area; and
f. The Director shall review applications for paving on private property, except in the floodway
area by means of a Type I procedure, as governed by Section 18.390.030 subject to
compliance with all of the standards in this Chapter.
2. The responsible community development division shall approve, approve with conditions, or
deny an application for a development permit, as described above, based on the standards set
forth in sections 18.775.050, 18.775.070, and 18.775.080.
&F. Sensitive lands permits issued by the Director.
1. The Director shall have the authority to issue a sensitive lands permit in the following areas by
means of a Type 11 procedure, as governed in Section 18.390.040, using approval criteria
contained in Section 18.775.070:
a. Drainageways;
b. Slopes that are 25% or greater or unstable ground; and
c. Wetland areas which are not regulated by other local, state, or federal agencies and are
designated as significant wetlands on the
City of Tigard "Wetland and Streams Corridors Map".
2. Sensitive lands permits shall be required for the areas in Section 18.775.020 D I above when any
of the following circumstances apply:
a. Ground disturbance(s) or land form alterations involving more than 50 cubic yards of
material;
b. Repair, reconstruction, or improvement of an existing structure or utility, the cost of which
equals or exceeds 50 percent of the market value of the structure prior to the improvement or
the damage requiring reconstruction;
c. Residential and non-residential structures intended for human habitation; and
d. Accessory structures which are greater than 528 square feet in size, outside floodway areas.
.P--.G. Sensitive lands permits issued by the Hearings Officer.
1. The Hearings Officer shall have the authority to issue a sensitive lands permit in the 100-year
floodplain by means of a Type IIIA procedure, as governed by Section 18.390.050, using
approval criteria contained in Section 18.775.070.
2. Sensitive lands permits shall be required in the 100-year floodplain when any of the following
circumstances apply:
a. Ground disturbance(s) or landform alterations in all floodway areas;
Sensitive Lands 18.775-5 11/26/98
b. Ground disturbance(s) or landform alterations in floodway fringe locations involving more
than 50 cubic yards of material;
c. Repair, reconstruction, or improvement of an existing structure or utility, the cost of which
equals or exceeds 50 percent of the market value of the structure prior to the improvement or
the damage requiring reconstruction provided no development occurs in the floodway;
d. Structures intended for human habitation; and
e. Accessory structures which are greater than 528 square feet in size, outside of floodway
areas.
-F-H. Other uses. Except as explicitly authorized by other provisions of this chapter, all other uses are
prohibited on sensitive land areas.
CSI. Nonconforming uses. A use established prior to the adoption of this title, 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 use. Nonconforming uses shall be subject to the provisions of
Chapter 18.760.
18.775.030 Administrative Provisions
A. Interagency Coordination. The appropriate approval authority shall review all sensitive lands permit
applications to determine that all necessary permits shall be obtained from those federal, state, or
local governmental agencies from which prior approval is also required.
1. As governed by CWS "Design and Construction Standards", the necessary permits for all
"development", as defined in 18.775.020.A above, shall include a CWS Service Provider Letter,
which specifies the conditions and requirements necessary, if any, for an applicant to comply
with CWS water quality protection standards and for the Agency to issue a Stormwater
Connection Permit.
B. Alteration or relocation of water course.
1. The Director shall notify communities adjacent to the affected area and the State Department of
Land Conservation and Development prior to any alteration or relocation of a watercourse, and
submit evidence of such notification to the Federal Insurance Administration;
2. The Director shall require that maintenance is provided within the altered or relocated portion of
a watercourse so that the flood-carrying capacity is not diminished.
C. Apply Standards. The appropriate approval authority shall apply the standards set forth in Sections
18.775.040, and 18.775.070 when reviewing an application for a sensitive lands permit.
D. Elevation and flood-proofing certification. The appropriate approval authority shall require that the
elevations and flood-proofing certification required in Subsection E below be provided prior to
966+lpa-HG) Of f4„^' a 4 ^" „ of su stavAia ly , oa s*,.,,^Wfes permit issuance and
verification upon occupancy and final approval
E. Maintenance of records.
Sensitive Lands 18.775-6 11/26/98
1. Where base flood elevation data is provided through the Flood Insurance Study, the Building
Official shall obtain and record the actual elevation (in relation to mean sea level) of the lowest
floor (including basement) of all new or substantially improved structures, and whether or not the
structure contains a basement;
2. For all new or substantially improved flood-proofed structures, the Building Official shall:
a. Verify and record the actual elevation(in relation to mean sea level); and
b. Maintain the flood-proofing certifications required in this chapter.
3. The Director shall maintain for public inspection all other records pertaining to the provisions in
this chapter.
18.775.040 General Provisions for Floodplain Areas
A. Permit review. The appropriate approval authority shall review all permit applications to determine
whether proposed building sites will be minimize the potential for flood damage.
B. Special flood hazard. The areas of special flood hazard identified by the Federal Insurance
Administration in a scientific and engineering report entitled "The Flood Insurance Study of the City
of Tigard," dated September 1, 1981, with accompanying Flood Insurance Maps (updated February
1984), is hereby adopted by reference and declared to be a part of this chapter, except where revised
by the "Fanno Creek Watershed Flood Insurance Restudy; Final 100-Year Floodplain, Zero-Rise
Floodway, and Base Map Elevations; City of Tigard, 3/20/00", which also is hereby adopted by
reference and declared to be part of this chapter. These Flood Insurance Studies are on file at the
Tigard Civic Center.
C. Base flood elevation data. When base flood elevation data has not been provided in accordance with
Subsection B above, the Director shall obtain, review and reasonably utilize any base flood elevation
and floodway data available from a federal, state or other source, in order to administer Subsections
M and N below).
D. Test of reasonableness. Where elevation data is not available either through the Flood Insurance
Study or from another authoritative source, applications for building permits shall be reviewed to
assure that the potential for flood damage to the proposed construction will be r-easeffaNy safe 4A444
# AAdi44g minimized The test of reasonableness is a local judgment and includes use of historical
data, high water marks,photographs of past flooding, etc., where available. Failure to elevate at least
two feet above grade in these sensitive land areas may result in higher insurance rates.
E. Resistant to flood damage. All new construction and substantial improvements, including
manufactured homes, shall be constructed with materials and utility equipment resistant to flood
damage.
F. Minimize flood damage. All new construction and substantial improvements, including
manufactured homes, shall be constructed using methods and practices that minimize flood damage.
G. Equipment protection Electrical, heating, ventilation,plumbing, and air-conditioning equipment and
other service facilities shall be designed and/or otherwise elevated or located so as to prevent water
from entering or accumulating within the components during conditions of flooding.
Sensitive Lands 18.775-7 11/26/98
H. Water Supply Systems. All new and replacement water supply systems shall be designed to minimize
or eliminate infiltration of floodwater into the system.
I. Anchoring. All new construction, all manufactured homes and substantial improvements shall be
anchored to prevent flotation, collapse, or lateral movement of the structure.
J. Sanitary sewerage systems. New and replacement sanitary sewerage systems shall be designed to
minimize or eliminate infiltration of floodwater into the systems and discharge from the systems into
floodwater.
K. On-site water disposal systems. On-site water disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
L. Residential Construction.
1. New construction and substantial improvement of any residential structure, including
manufactured homes, shall have the lowest floor, including the basement, elevated at least one
foot above base flood elevation;
2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be
designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the
entry and exit of floodwater. Designs for meeting this requirement must either be certified by a
registered professional engineer or architect, or must meet or exceed the following minimum
criteria:
a. A minimum of two openings having a total net area of not less than one square inch for every
square foot of enclosed area subject to flooding shall be provided;
b. The bottom of all openings shall be no higher than one foot above grade; and
c. Openings may be equipped with screens, louvers, or other coverings or devices, provided that
they permit the automatic entry and exit of flood waters.
3. Manufactured homes shall be securely anchored to an adequately anchored permanent foundation
system. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties
to ground anchors.
M. Nonresidential Construction. New construction and substantial improvement of any commercial,
industrial, or other nonresidential structure shall either have the lowest floor, including basement,
elevated to the level of the base flood elevation, or together with attendant utility and sanitary
facilities, shall:
1. Be flood-proofed so that below the base flood level the structure is watertight with walls
substantially impermeable to the passage of water;
2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects
of buoyancy;
3. Be certified by a registered professional engineer or architect that the design and methods of
construction are in accordance with accepted standards of practice for meeting provisions of this
Sensitive Lands 18.775-8 11/26/98
subsection based on their development and/or review of the structural design, specifications and
plans. Such certifications shall be provided to the Building Official as set forth in Subsection
18.775.030 E2; and
4. Nonresidential structures that are elevated, not flood-proofed, must meet the same standards for
space below the lowest floor as described in 18.775.040 L2. Applicants flood-proofing
nonresidential buildings shall be notified that flood insurance premiums will be based on rates
that are one foot below the flood-proofed level (e.g., a building constructed to the base flood level
will be rated as one foot below that level).
N. Subdivisions and partitions in 100-year floodplain. Subdivisions and partitions in the 100-year
floodplain shall meet the following criteria:
1. The design shall minimize the potential for flood damage;
2. Public utilities and facilities such as sewer, gas, electrical, and water systems shall be located and
constructed so as to minimize flood damage;
3. Adequate drainage shall be provided to reduce exposure to flood damage; and
4. For subdivisions or partitions which contain more than 50 lots or 5 acres and where base flood
elevation data is not available from the Federal Emergency Management Agency (FEMA) or
another authoritative source, the applicant shall generate base flood elevation data to be reviewed
as part of the application.
18.775.050 General Provisions for Wetlands
A. Code compliance requirements. Wetland regulations apply to those areas
*'^;a i (;4aptff 12-.1-20- 94*'-P (;9WA+,,,ff4y P@N,@!9pm@„* classified as significant on the City
of Tigard Wetland and Streams Corridors Map, a+@as ,,,00*ffg PiN, sicf-A--f--State sAwAland
*�r^ ^„a to I^„a ^aj^^@„t to ^„a ;A444—in-25 ^�^ *�^„a and to a vegetated corridor ranging from 25
to 200 feet wide, measured horizontally, from the defined boundaries of the wetland, per "Table 3.1
Vegetated Corridor Widths" and "Appendix C: Natural Resource Assessments" of the CWS "Design
and Construction Standards". Wetland locations may include but are not limited to those areas
identified as wetlands in "Wetland Inventory and Assessment for the City of Tigard, Oregon,"
Fishman Environmental Services, 1994.
B. Delineation of wetland boundaries. Precise boundaries may vary from those shown on wetland
maps; specific delineation of wetland boundaries may be necessary. Wetland delineation will be done by
qualified professionals at the applicant's expense.
18.775.060 Expiration of Approval: Standards for Extension of Time
A. Voiding of permit. Approval of a sensitive lands permit shall be void if-
1.
£1. Substantial construction of the approved plan has not begun within a one-and-one-half year
period; or
2. Construction on the site is a departure from the approved plan.
Sensitive Lands 18.775-9 11/26/98
B. Granting of extension. The Director shall, upon written request by the applicant and payment of the
required fee, grant an extension of the approval period not to exceed one year, provided that:
1. No changes are made on the original plan as approved by the approval authority,
2. The applicant can show intent of initiating construction of the site within the one year extension
period; and
3. There have been no changes to the applicable Comprehensive Plan policies and ordinance
provisions on which the approval was based.
C. Notice of the decision. Notice of the decision shall be provided to the applicant. The Director's
decision may be appealed by the applicant as provided by Subsection 18.32.310.A.
18.775.070 Sensitive Land Permits
A. Permits required. An applicant who wishes to develop within a sensitive area, as defined in Chapter
18.775, must obtain a permit in certain situations. Depending on the nature and intensity of the
proposed activity within a sensitive area, either a Type II or Type III permit is required, as delineated
in Section 18.775.015 D and E. The approval criteria for various kinds of sensitive areas, e.g.,
floodplain, are presented in Subsections B - E below.
B. Within the 100-year floodplain. The Hearings Officer shall approve, approve with conditions or deny
an application request within the 100-year floodplain based upon findings that all of the following
criteria have been satisfied:
1. Land form alterations shall preserve or enhance the floodplain storage function and maintenance
of the zero-foot rise floodway shall not result in any encroachments, including fill, new
construction, substantial improvements and other development unless certified by a registered
professional engineer that the encroachment will not result in any increase in flood levels during
the base flood discharge;
2. Land form alterations or developments within the 100-year floodplain shall be allowed only in
areas designated as commercial or industrial on the comprehensive plan land use map, except that
alterations or developments associated with community recreation uses, utilities, or public
support facilities as defined in Chapter 18.130 of the Community Development Code shall be
allowed in areas designated residential subject to applicable zoning standards;
3. Where a land form alteration or development is permitted to occur within the floodplain it will
not result in any increase in the water surface elevation of the 100-year flood;
4. The land form alteration or development plan includes a pedestrian/bicycle pathway in
accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said
pathway is deemed by the Hearings Officer as untimely;
5. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation
of an average annual flood;
6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State
Lands,and CWS permits and approvals shall be obtained; and
Sensitive Lands 18.77510 11/26/98
7. Where land form alterations and/or development are allowed within and adjacent to the 100-year
floodplain, the City shall require the consideration of dedication of sufficient open land area
within and adjacent to the floodplain in accordance with the comprehensive plan. This area shall
include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway
within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan.
C. With e*eessi--ve steep slopes. The appropriate approval authority shall approve, approve with
conditions or deny an application request for a sensitive lands permit on slopes of 25% or greater or
unstable ground based upon findings that all of the following criteria have been satisfied:
1. The extent and nature of the proposed land form alteration or development will not create site
disturbances to an extent greater than that required for the use;
2. The proposed land form alteration or development will not result in erosion, stream
sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or
property;
3. The structures are appropriately sited and designed to ensure structural stability and proper
drainage of foundation and crawl space areas for development with any of the following soil
conditions: wet/high water table; high shrink-swell capability; compressible/organic; and shallow
depth-to-bedrock; and
4. Where natural vegetation has been removed due to land form alteration or development, the areas
not covered by structures or impervious surfaces will be replanted to prevent erosion in
accordance with Chapter 18.745, Landscaping and Screening.
D. Within drainageways. The appropriate approval authority shall approve, approve with conditions or
deny an application request for a sensitive lands permit within drainageways based upon findings that
all of the following criteria have been satisfied:
1. The extent and nature of the proposed land form alteration or development will not create site
disturbances to tie an extent greater than that required for the use;
2. The proposed land form alteration or development will not result in erosion, stream
sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or
property;
3. The water flow capacity of the drainageway is not decreased;
4. Where natural vegetation has been removed due to land form alteration or development, the areas
not covered by structures or impervious surfaces will be replanted to prevent erosion in
accordance with Chapter 18.745, Landscaping and Screening;
5. The drainageway will be replaced by a public facility of adequate size to accommodate maximum
flow in accordance with the adopted 1981 Master Drainage Plan;
6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State
Lands, and Clean Water Services approvals shall be obtained;
7. Where land form alterations and/or development are allowed within and adjacent to the 100-year
floodplain, the City shall require the consideration of dedication of sufficient open land area
Sensitive Lands 18.775 41 11/26/98
within and adjacent to the floodplain in accordance with the Comprehensive Plan. This area shall
include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway
within the floodplain in accordance with the adopted pedestrian bicycle pathway plan.
E. Within wetlands. The Director shall approve, approve with conditions or deny an application request
for a sensitive lands permit within wetlands based upon findings that all of the following criteria have
been satisfied:
1. The proposed land form alteration or development is neither on wetland in an area designated as
significant wetland on the Comprehensive Plan Floodplain and Wetland Map nor is within 2 5 foe,t
e-the vegetated corridor established per "Table 3.1 Vegetated Corridor Widths" and "Appendix
C: Natural Resource Assessments" of the CWS "Design and Construction Standards", for such a
wetland;
2. The extent and nature of the proposed land form alteration or development will not create site
disturbances to an extent greater than the minimum required for the use;
3. Any encroachment or change in on-site or off-site drainage which would adversely impact
wetland characteristics have been mitigated;
4. Where natural vegetation has been removed due to land form alteration or development, erosion
control provisions of the Surface Water Management program of Washington County must be
met and areas not covered by structures or impervious surfaces will be replanted in like or similar
species in accordance with Chapter 18.745, Landscaping and Screening;
5. All other sensitive lands requirements of this chapter have been met;
6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State
Lands, and Clean Water Services approvals shall be obtained;
6.7.The provisions of Chapter 18.790,Tree Removal, shall be met;
7.8.Physical Limitations and Natural Hazards, Floodplains and Wetlands, Natural Areas, and Parks,
Recreation and Open Space policies of the Comprehensive Plan have been satisfied.
49 77-A 090 E*eeptiom 441:14evelopffieflt of the A 09th 14 A Ah Ravine helew the J40 Feetr4levation
.,
o
0 •
4r
1. All of the 4ad (within the r-a-viae) being eensider-ed for-develep..eFA is less 4iffa 0
,46 slope;
-2. There afe+40 t+ffstable soil eenditions 0+4 the 4ad being eeaSider-ed for-develep..eFA; I-
18.775.03080 Application Submission Requirements
Sensitive Lands 18.77512 11/26/98
A. Application submission requirements. All applications for uses and activities identified in Subsections
18.775.020 B-E shall be made on forms provided by the Director and must include the following
information in graphic, tabular and/or narrative form. The specific information on each of the
following is available from the Director:
1. A CWS Stormwater Connection Permit.
4-.2. A site plan;
-�1-3. A grading plan; and
4. A landscaping plan.
18.775.090 Special Provisions for Development within Locally Significant Wetlands and along the
Tualatin River,Fanno Creek, Ball Creek, and the South Fork of Ash Creek
A. Safeharbor: In order to address the requirements of Statewide Planning Goal 5 (Natural Resources)
and the safe harbor provisions of the Goal 5 administrative rule (OAR 660-023-0030) pertaining to
wetlands, all wetlands classified as significant on the City of Tigard Wetland and Streams Corridors
Map are protected. No land form alterations or developments are allowed within or partially within a
significant wetland, except as allowed/approved pursuant to 18.775.130.
B. In order to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe
harbor provisions of the Goal 5 administrative rule (OAR 660-023-0030) pertaining to riparian
corridors, a standard setback distance or vegetated corridor area, measured horizontally from and
parallel to the top of bank, is established for the Tualatin River, Fanno Creek, Ball Creek, and the
south fork of Ash Creek.
1. The standard width for "good condition" vegetated corridors along the Tualatin River is 75 feet,
unless wider in accordance with CWS Design and Construction Standards, or modified in
accordance with 18.775.130. If all or part of a locally significant wetland(a wetland identified as
significant on the City of Tigard Wetlands and Stream Corridors Map) is located within the 75-
foot setback area, the vegetated corridor is measured from the upland edge of the associated
wetland.
2. The standard width for"good condition"vegetated corridors along Fanno Creek, Ball Creek, and
the south fork of Ash Creek is 50 feet, unless wider in accordance with the CWS Design and
Construction Standards, or modified in accordance with 18.775.130. If all or part of a locally
significant wetland(a wetland identified as significant on the City of Tigard Wetlands and Stream
Corridors Map) is located within the 50 feet setback area, the vegetated corridor is measured from
the upland edge of the associated wetland.
3. The minimum width for"marginal or degraded condition" vegetated corridors along the Tualatin
River, Fanno Creek, Ball Creek, and the south fork of Ash Creek is 50% of the standard width,
unless wider in accordance with CWS Design and Construction Standards, or modified in
accordance with 18.775.130.
4. The determination of corridor condition shall be based on the Natural Resource Assessment
guidelines contained in the CWS Design and Construction Standards.
Sensitive Lands 18.775 43 11/26/98
5. The standard setback distance or vegetated corridor area applies to all development proposed on
property located within or partially within the vegetated corridors, except as allowed below:
a. Roads,pedestrian or bike paths crossing the vegetated corridor from one side to the other
in order to provide access to the sensitive area or across the sensitive area, as approved by
the City per 18.775.070 and by CWS per the CWS "Design and Construction Standards";
b. Utility/service provider infrastructure construction (i.e. storm, sanitary sewer, water,
phone, gas, cable, etc.), if approved by the City and CWS;
c. A pedestrian or bike path, not exceeding 10 feet in width and meeting the CWS "Design
and Construction Standards";
d. Grading for the purpose of enhancing the vegetated corridor, as approved by the City and
CWS;
e. Measures to remove or abate hazards, nuisances, or fire and life safety violations, as
approved by the regulating jurisdiction;
f. Enhancement of the vegetated corridor for water quality or quantity benefits, fish, or
wildlife habitat, as approved by the City and CWS;
g. Measures to repair, maintain, alter, remove, add to, or replace existing structures,
roadways, driveways, utilities, accessory uses, or other developments provided they are
consistent with City and CWS regulations, and do not encroach further into the vegetated
corridor or sensitive area than allowed by the CWS "Design and Construction
Standards".
6. Land form alterations or developments located within or partially within the Goal 5 safeharbor
setback or vegetated corridor areas established for the Tualatin River, Fanno Creek, Ball Creek,
and the south fork of Ash Creek that meet the jurisdictional requirements and permit criteria of
the Clean Water Services, U.S. Army Corps of Engineers, Division of State Lands, and/or other
state federal, state, or regional agencies, are not subject to the provisions of subsection
18.775.090.B, except where the:
a. Land form alterations or developments are located within or partially within a good condition
vegetated corridor, as defined in 18.775.090.B.1 and 2;
b. Land form alterations or developments are located within or partially within the minimum
width area established for marginal or a degraded condition vegetated corridor, as defined in
18775.090.B.3.
These exceptions reflect instances of the greater protection of riparian corridors provided by the
safe harbor provisions of the Goal 5 administrative rule.
4.'x,°418.775.100 Adjustments to Underlying Zone Setback Standards
T„ ^^„4;4r#*^ ; *^the 'ARIARVAS Af the IIam ^ ffla 'Elist+iet, Adjustments to dimensional standards
of the underlying zone district may be approved by the Planning Director when necessary to further the
ipAeFA purpose of this section.
A. Adjustment option The Planning Director may approve up to a 50% adjustment to any dimensional
standard (e.g., setback, height or lot area) of the underlying zoning district to allow development
consistent with the purposes of zi.o IIam ^;,e-lat, El st+iet e4apt@r this section. The purpose of the
adjustment process is to reduce adverse impacts on wetlands, stream corridors, fish and wildlife
habitat, water quality and the potential for slope of flood hazards.
Sensitive Lands 18.775 44 11/26/98
B. Adjustment criteria. A special AIR ^N@r-aly dis#et adjustment to the standards in the underlying
zoning district may be requested under Type II procedure when development is proposed within or
adjacent to the AIR 9N,@r-ay 44ie vegetated corridor area. In order for the Director to approve a
dimensional adjustment to standards in the underlying zoning district, the applicant shall demonstrate
that all of the following criteria are fully satisfied:
1. The adjustment is the minimum necessary to allow a permitted use, while at the same time
minimizing disturbance to a water resource, riparian setback area or water quality buffer.
2. Explicit consideration has been given to maximizing vegetative cover, minimizing excavation and
minimizing impervious surface area on unbuildable land.
3. Design options have been considered to reduce the impacts of development, including but not
limited to multi-story construction, siting of the residence close to the street to reduce driveway
distance, maximizing the use of native landscaping materials, minimizing parking areas and
garage space.
4. In no case shall the impervious surface area as a single-family residence (including the building
footprint, driveway and parking areas, accessory structures, swimming pools and patios) exceed
3,000 square feet of r4p ^„ s@tb & o ^*@r^ ality boff ,. a+@^a vegetated corridor area.
5. Assurances are in place to guarantee that future development will not encroach further on land
under the same ownership within the AI 9*@r- ^3,44ie vegetated corridor area.
The Planning Director may impose any reasonable condition necessary to mitigate identified impacts
resulting from development on otherwise unbuildable land.
4.797� 018.775.110 Density Transfer
Density transfer. Density may be transferred from wa4@r e@ aad r4p ^„ setb & vegetated corridor
areas as provided in Section 18.715.020-030.
48.797.43018.775.120 Variances to Section 18.775.090 Standards
Variances to the use provisions of Section 19.''�5 18.775.090 are not permitted. Variances from
measurable (dimensional) provisions of this ehapte section shall be discouraged and may be considered
only as a last resort.
A. Type III variance option. The Hearings Officer shall hear and decide variances from dimensional
provisions of this chapter under Type III procedure, in accordance with the criteria in Chapter 18.370
of the zoning ordinance.
B. Additional criteria. In addition tot he general variance criteria described in Chapter 18.370, all of the
following additional criteria must be met to grant a variance to any dimensional provision of this
chapter:
1. The variance is necessary to allow reasonable economic use of the subject parcel of land, which is
owned by the applicant, and which was not created after the effective date of this chapter;
Sensitive Lands 18.775 45 11/26/98
2. Strict application of the provisions of this chapter would otherwise result in the loss of a buildable
site for a use that is permitted outright in the underlying zoning district, and for which the
applicant has submitted a formal application;
3. The applicant has exhausted all options available under this chapter to relieve the hardship;
4. Based on review of all required studies identical to those described in Section 19.797.060 3.02.5.c
Tier 2 Alternatives Analysis of the CWS "Design and Construction Standards", the variance is
the minimum necessary to afford relief, considering the potential for increased flood and erosion
hazard, and potential adverse impacts on native vegetation, fish and wildlife habitat, and water
quality;
5. Based on review of all required studies identical to those described in Section 1-7,7060 3.02.5
of the CWS "Design and Construction Standards", no significant adverse impacts on water
quality, erosion or slope stability will result from approval of this hardship variance, or these
impacts have been mitigated to the greatest extent possible;
6. Loss of vegetative cover shall be minimized. Any lost vegetative cover shall be replaced on-site,
on a I te 4 square foot for square foot basis,by native vegetation.
4.'�,97 140 18.775.130 Plan Amendment Option
Any owner of property affected by the Goal 5 safehabor (1) protection of significant wetlands and/or (2)
vegetated areas established for the Tualatin River, Fanno Creek, Ball Creek, and the south fork of Ash
Creek may apply for a quasi-judicial comprehensive plan amendment under Type IV procedure. This
amendment must be based on a specific development proposal. The effect of the amendment would be to
remove Goal 5 protection from the property, but not to remove the requirements related to the CWS
stormwater connection permit, which must be addressed separately through an Alternatives Analysis, as
described in Section 3.02.5 of the CWS "Design and Construction Standards". The applicant shall
demonstrate that such an amendment is justified by either of the following:
A. ESEE analysis. The applicant may prepare an Environmental, Social, Economic and Energy (ESEE)
consequences analysis prepared in accordance with OAR 660-23-040.
1. The analysis shall consider the ESEE consequences of allowing the proposed conflicting use,
considering both the impacts on the specific resource site and in comparison with other
comparable sites within he Tigard Planning Area;
2. The ESEE analysis must demonstrate to the satisfaction of the Tigard City Council that the
adverse economic consequences of not allowing the conflicting use are sufficient to justify the
loss, or partial loss, of the resource;
3. In particular, ESEE analysis must demonstrate why the use cannot be located on buildable land,
consistent with the provisions of this chapter, and that there are no other sites within the Tigard
Planning area that can meet the specific needs of the proposed use;
4. The ESEE analysis shall be prepared by a team consisting of a wildlife biologist or wetlands
ecologist and a land use planner or land use attorney all of whom are qualified in their respective
fields and experienced in the preparation of Goal 5 ESEE analysis;
Sensitive Lands 18.77516 11/26/98
5. If the application is approved, then the ESEE analysis shall be incorporated by reference into the
Tigard Comprehensive Plan, and the Tigard Wetland and Stream Corridor Map shall be amended
to remove the site from the inventory.
B. Determination of "insignificance." In this case, the applicant must demonstrate that the wat@r-
r-esewee--sensitive area site(s) no longer meet(s) the applicable significance threshold defined by the
Goal 5 administrative rule,relative to other comparable resources within the Tigard Planning Area.
1. Significance thresholds are described and applied in the addendum to the City of Tigard Local
Wetlands Inventory adopted by reference as part of this chapter.
2. In considering this claim, the Council shall determine that the decline in identified resource
values did not result from a violation of this chapter or any other provision of the Tigard
Community Development Code.
Sensitive Lands 18.77517 11/26/98
ru n PT_V R 19 79
48.797.040 Par-pose
48.797.020 $efiicitiomr
xv.rrr.v�v-naccpccv:: xvc z.cwczvpca v:::gxcTamixfResidenc�ax Subdivision �ocS
199 797 0150-Per►itted, Conditional 'ted Uses
A•pplieationRe ements
?4 707 n7n $eeisirn Options-and .AnaitieaS
z $evelepxrxea xariaca-as
48.797.090 Abutting Lot Area Reduetions
48.797.440 Adjustments to Under-lying Zone Sethaek Stafidar-ds
1 4 '70'7 Ch 1 9'70'7 Standards
1
V-a�ees-ts�te�- s
19797140 Plan A m p'n#x xe1toption
zQ,�n�,ni n Se
•
& Sa-fo- T-44-p- A74 qwr-lay di-s4-i-et al-se R4@@ts tI4@ r-@"ir-@H4@FAS 9-f- Planning goa
(Na4iar-al Reseiar-eesl) and the "safe hafber-" pr-eN,isiens of the goal 5 adf++inistfa4iN,e fiile (OAR 664;5
zQ,�n�,mn $e��tions-
A. st ens. '�1@ F n n n titin 7_� noncea+@ iffvqr-Pgr-a @EI by
:Pbtalatin RA,er- top of bm-&, or- the edge of an asseeia4ed wetla-ad (see defffiffitieff 1-44-4-def K.-IA 1,
04 R 660 090(j)(EI).
4 eI4aPto
Water Resources(WR) Overlay District 18.7971 SE Update: 01/00
,1„1..,;,,,X0,1 b. 'H 4'@ pi,PA 4 Elis r-b@ 1•
;
14as a44 a-wr-ag@ .,1 49.t o 40;44 1000 „4.
» << »
haw, . a4+t4Hal Flo lonn than 1000 ei ibie, F of p@f s ,,,.l1 (e4+,
a. Major- streams iff Tigar-d iffeWde Fafiffe Gr-eek, Ash Gr-eek (e*eept the ffei4h for4E a-ffd
A44-24A-f@#1,,,,, 1 nnn ,.F
> N941>
as "ba*444 stap" as El@f44;ed in 0-4-R 141 95 it is 44@ stap or
Water Resources(WR) Overlay District 18.797-2 SE Update: 01/00
1-1. A "I'AfRA-ffind" tq #h-at is A-If Saki-f-AW-d- bj' St*f4G@ Watff Of gfetff4d ;A,at@f at a
PfQPVa!@f4G@
of Wg@tat.n14
t N1.nnllc'adapt Ola -- Saki-f W-A nn.1- n 1'.E44914S;
appears on the Gitt,of T-igafEl Wetlands and Ripar-iaff Geffider-s Map-,
LLksseeiated ))
of
(b) With„„ cn --C-,P-,t Of., 'f St.o.,,, t9p Of bafgi•
LL ))
LL
> tliefefOfe,
Applieabi4itafid
z. Aic iir E tiwn-t9#hw stan-4- s n-f tl,o„n-d-@,-ying` rrrcc
-3. r„ n (-49-9-4-4446t, Soao t-o SA,,,,a,,.aIS nr t4@, „a@A)
-3. 44-449f-St . a
4. rsni„tna wetlands-.
paf-G@IS t4at; at@ 4 9H bldtt;,,,.btfi labl@ rots•
Water Resources(WR) Overlay District 18.797-3 SE Update: 01/00
o
SIGNTTJ i!G'ANT t[7 A TED t1<7D CT ANTl ADTlUSA STANDA-R—P
t[7ATV 11TTAT iTV
T
BUFFET
T„ninti,.D;..,,. P. n a4e . ,etla-.In eek -25 fee
>\,rajef stf@ ,,,, Q, ;ate-A , 50 fop t
-25€eek -5 dee
T4gt .lien-blo z2-5 f,-,pAE��S#44@FAS to may b@ appr-ewd pw-si-mi# to Spetions 12 797 140,r�
,
19797040 Eweprion cvi Developed Singxe rami} Residential N on �A N
•
A.
4otl.nPIC f .lo..oIOP@.l S44hdiA.414AP 1„t'4 b@G
Water Resources(WR) Overlay District 18.7971 SE Update: 01/00
48.797.050 Permitted, Conditional and Fr-oh-b'ted Uses
•
144
•
S- -o.,,, ,a . ,ori ,ate o�� �; ,,,,a o4-44a4,.o,v,o„A
z S;
3. NOR ffa4i�.,e�vegeta4ieff
)@fR4i#@El, 69444944;41 A44
"VP-N"
19.797.060. A"No"
Water Resources(WR) Overlay District 18.797-5 SE Update: 01/00
TART
4. Type 1 -ReHF-mitted 4-4se-s 444th-M-4-igation Riper-inn efiffis Mitigation V
a) �v � R T1s
Signs
6�krigat1e Y4S Y-GS V9
.,,;rah ,v„ Y$$ Y-$S -)9
g444041,,-om that do not digti,,-h any additional,-
d lee, e, r Y$S Y-$S �$$
;rh native,.4a„r 140 0,10ge;than 1!1' 4044
the,tot; of bank o edge,Q, e,r1a,,d
vr'eri--vim"vsviaeivirixvwooen=]'zea-ieeAA44 y$& i�eFf
{Z) Q;wIti ,are,d 1awng Y4& Y.gg -)g
-1111 Canoe.and �� e,.7 h--Ia�r 1�,,,,che,m 1emg than Y$S -)9 -)9
IQ' in A,idth
nape=_-Reimit-ted-Uses with Mitigation Vii} Minor Cttrp., Mitigation V
al A.7;,,St,,,o„t14 t„ Ir.,,,d A4:.714 „�
' $ y4& y46
6 y4& y46
Water Resources(WR) Overlay District 18.797-6 SE Update: 01/00
Pr�viaivi 7 „1.1; 7 crsv rviacres )$S );$S );$S
s y4s y4s
�
Type Tci TIE9id—i-49r Al Uses Ripar-ian Minor CT....ams Mitigation P
&T14a+EIS4"' a-ae@s, S}k �@et to N,a+* ciivv Y$S Y-$S Y$S
r(;4RPto,. 14 X70
194V 7a4@f ;44@f El@p@HEIvPA+IS@S not Y4& Ve Y4&
as
na;..,, C�, ,,,.� Mitigation
.-,,,. De....;.-e.a?
Not applie,
Not applicable,
nl !'x,-.,.7;,... .,,..7 P1.,,.0,„04# „f x;11 N4 N4 Not
Not appliGabl@
N4 Not
fGf@a4ie"`�pa+eol� ,,,.1.7 1-,0 3A44,11y N4 N4 ATS ;J;kG ,10
#l,o 1474 .7;s#ietA-f f@S+II4ffg ;
s .7010,-.„;,40.7 by�l,o
Water Resources(WR) Overlay District 18.797-7 SE Update: 01/00
19,797,060ApplieRtion RequiFements
.;l,o,l ;„ co,.4A-4 l a 797 ntinu•
7 ll,.o „Ftl,o PgAS low ;l.o l ;„ co,.t;,,,, 1 2-79-7.0-64P,
responsible for-pr-ep Y of the ePAir-e Site thR4 pr-eeiSeIymftpS a-ad deliffea4eS the following
Of otl.,..7 0.7..0 •
7� l �o l . .oil lam•
z. ,
3. The afeff effelesed by the r4pftfia-ff ;
;
-5. S-t@@Pb. S!gP0,1 A"he' e,the, slop@ 4t4@ land ;s ono/ Av o. @f;
6. Fzri �. Stia yiv rig4c st+ Gt+ ^a and
tel, 11 b.o .ti..,.lo, ,..70,-T..,.0 7
> >
Water Resources(WR) Overlay District 18.797-8 SE Update: 01/00
;
.,
r4pffiffff Setbaek is Proposed, ffleffsHr-es for- r-e N,egeta4ieff a-ad ef+4,R-HeefflefA W414 HR44,e Ph-H#
Water Resources(WR) Overlay District 18.797-9 SE Update: 01/00
48.797.070 Peeision Options and Conditions
Proposed deN,eI8PfflefA-.
E. ^ as penalties. Assw-a-nees penalties for- €ailwe—te ee ,
Qom-'
oth;4.1
B. Minii+iiaesiting ke Proposed ese Shall be designed,
ion> less of Ha4iN,e N,egetffti > > •
> #140 >
> >
Water Resources(WR) Overlay District 18.79710 SE Update: 01/00
0
F. Minim-4e iffwaets on e*iSting T-14e following standards S14all apply wl4eff eeffstfiietion
,
tel, 11 b,o t.,l-o,. W . „;.1 g t+@@S ,..1 14„„b 's W 1-.0 lo#iff,.1.,,.0.
Seetieff 19.797.100, a mitigation plan Shall be pf-epafed a-ad .
pf-eteeted r4pafiffe Setbaek afeff on a 1.54 basis. T-14R4 is, for- effeI4 100 S"ftfe feet of f-ip'-fiffn
� 044 ;4A±=±Zq �s.
e
Water Resources(WR) Overlay District 18.79711 SE Update: 01/00
g ,oi P„a Si,,,ii i-.o#i,o ,,,,i.,„ii,. .,b!@ @f+# 4e@ Of *4 W t4@ S;to•
> >
•
iiAWATS•
44P qI44:444PP 0- 0,44,;
Water Resources(WR) Overlay District 18.79712 SE Update: 01/00
,
Vie-
e8fft+81 PIR-H.
vSPS,�rrz" z i cr 9i�to 0-44A-40 4n 1-1 2 Mnd 1 4 797 non A TI l o S14la ' W
appfEw.,1g-14.,11•
1979700 AN tingLot Asea Red-H-eti-eIns
m4nfffPm*deptI4 of a4 least 60 feet.
0
of 44e r4pftfia-ff Setbaek area.
A. Eligibility f n setbaek in distw-bed afeas.
co,.t;,,,. 1-2-797.0-50- 41,.,E 10,, �� �o� .411 „4' 1,0 4;,11, A 1-...•
0
0
haw not been r-emewd f+8m 44e on site r4par-ia-H Setbaek area for-44e last f4w Yeft+S-,
n T1 414-0 11411 b.o 444;-44g@1v.o1#;14t„ 414-0 100 1 f4ee,ap1aiff; a44 a
-5. Ti,o . slop@ 4t4@ „t o. @ f t4a44 ono/
Water Resources(WR) Overlay District 18.79713 SE Update: 01/00
0
0
0
1 9 '797 ��0 Adjustments 4 d
xv.rrr.xxv-zxaJaacz:cc::ca c9 L-T�r�el�'��i���9�e e��&F�� �&f�a&rdS
0
aEjjt+stmePA to ", Elimensieffa4
StRHEIRM •i
PP
Water Resources(WR) Overlay District 18.79714 SE Update: 01/00
area.
r-@st+4ing 49m 4444
bVeloewed,..;fh, Miff-or- „a;s;e,.tiom.,to 48,;Z744401
19797120 Density TrANN&'�
in Seetie 19.715.0-20 nen
hvloeffted with miff-or-MwAyqefftioffs to I R, 775, 120
;
,
Water Resources(WR) Overlay District 18.797-15 SE Update: 01/00
•
hV1060tedwith M-iff-OF.Moiko7eatioms to IR
48.797.440 Fiffiff Amendment optie
s4es; ;A40444-4-4@ Tigaf El Pla+ioit4g Area
less, of pa#ial less, 44w f@SqfffG@I.
3. iff
> >
f4ol,an .,.,a o G@E iff 44@, . i94_4 „414,,.,1 c > c> > aaa!)S;S•
14. �f"444i-fi&R+46e." 744 t1.; t4 pli-..,,4A 414 dA44 A44P#..#„ th;# the
Water Resources(WR) Overlay District 18.79716 SE Update: 01/00
TIGARD COMPREHENSIVE PLAN
Findings, Policies, & Implementation Strategies
Volume II
4. AIR, WATER AND LAND RESOURCES QUALITY
. . . . Specifically impacting Tigard is the Metropolitap Service District (MSD)—Metro . . . . .
POLICY
4.1.1 THE CITY SHALL:
a. MAINTAIN AND IMPROVE THE QUALITY OF TIGARD'S AIR QUALITY AND
COORDINATE WITH OTHER JURISDICTIONS AND AGENCIES TO REDUCE
AIR POLLUTIONS WITHIN THE PORTLAND-VANCOUVER AIR QUALITY
MAINTENANCE AREA. (AQMA).
b. WHERE APPLICABLE, REQUIRE A STATEMENT FROM THE APPROPRIATE
AGENCY, THAT ALL APPLICABLE STANDARDS CAN BE MET, PRIOR TO
THE APPROVAL OF A LAND USE PROPOSAL.
C. APPLY THE MEASURES DESCRIBED IN THE DEQ HANDBOOK FOR
"ENVIRONMENTAL QUALITY ELEMENTS OF OREGON LOCAL
COMPREHENSIVE LAND USE PLANS" TO LAND USE DECISIONS HAVING
THE POTENTIAL TO AFFECT AIR QUALITY.
IMPLEMENTATION STRATEGIES
1. The City shall coordinate with 542D Metro and DEQ to attain and maintain the air quality goal
described in the State Implementation Plan (SIP).
2. The City shall continue to utilize expertise available at the Department of Environmental
Quality, the Metrnr,nlitap cewice niMetro, and other relevant agencies, to coordinate
efforts aimed at reducing air pollution emission levels in the Tigard and entire Portland
Metropolitan Area.
3. Until such time as control strategies are realized, the City of Tigard shall use measures
described in the DEQ Handbook for "Environmental Quality Elements of Oregon Local
Comprehensive Land Use Plans" when planning any development activities having the
potential to directly (by direct emissions) or indirectly (by increasing vehicular travel) affect air
quality.
4. The City shall make every effort to design municipal streets and roadways and to establish
traffic flow patterns which minimize or reduce vehicular emissions.
5. The City shall consult and coordinate with the Oregon Department of Environmental Quality
to ensure that land uses and activities in Tigard comply with Federal and State air quality
standards.
6. The City shall aim to reduce the quantity of vehicle emissions by pursuing an energy-efficient
urban form which reduces the number of vehicle miles traveled, and by encouraging the use
of alternate modes of transportation, especially mass transit and pedestrian.
4.2 WATER QUALITY
Findings
• The quality of Tigard's surface waters are fair, inasmuch as the waters are not used for
drinking purposes.
• No major point source water polluters threaten local creeks.
• Some infiltration problems exist in the sewage systems.
• Reduction of open space, removal of vegetation cover, and development which increases the
amount of impervious surface all contribute significantly to increases in the peak flows of
urban storm runoff entering storm sewers, creeks and drainageways.
• Offsetting measures can reduce the negative effects of urban development on water quality
and quantity problems. Examples include on-site retention/ detention of storm water,
inclusion of landscape buffer areas adjacent to new development and conservation and
improvement of streamside vegetation along creeks and other water courses.
❑ Clean Water Services (CWS) is the lead agency for water quality management within
Washington County.
❑ By intergovernmental agreement, all the cities within the Clean Water Services' service area,
Tigard included, must follow the standards contained in CWS's Design and Construction
Manual.
POLICIES
4.2.1 ALL DEVELOPMENT WITHIN THE TIGARD URBAN PLANNING AREA SHALL COMPLY
WITH APPLICABLE FEDERAL, STATE AND REGIONAL WATER QUALITY
STANDARDS, INCLUDING THOSE CONTAINED IN THE CLEAN WATER SERVICES'
DESIGN AND CONSTRUCTION MANUAL.
4.2.2 THE CITY SHALL RECOGNIZE AND ASSUME ITS RESPONSIBILITY FOR OPERATING,
PLANNING, AND REGULATING WASTEWATER SYSTEMS AS DESIGNATED IN
AA 'SMETRO'S WASTE TREATMENT MANAGEMENT COMPONENT AND 2152
CRAG ST, inv
IMPLEMENTATION STRATEGIES
1. In order to improve the water quality and quantity in the Tigard Area, the City shall consider
developing regulations in the Tigard Community Development Code or instituting programs to:
a. Increase public awareness of techniques and practices private individuals can employ
to help correct water quality problems;
b. Improve the management of industrial and commercial operations to reduce negati\,e
water quality impacts;
C. Regulate site planning for new development and construction through the Tigard
Community Development Code to better control drainages and erosion and to manage
storm runoff;
d. Increase storage and retention of storm runoff to lower and delay peak storm flows;
e. Reduce street related water quality and quantity problems; and
f. Increase public awareness concerning the use and disposal of toxic substances.
2. The City shall not permit industrial or other uses which uolate State of Oregon water quality
discharge standards.
3. The City shall cooperate with the lVlQtP ,Qli+@A CoPiiro rlicfriGt Metro and other appropriate
agencies to establish practices which minimize the introduction of pollutants into ground and
surface waters.
4. The City shall require that new developments obtain a Stormwater Connection Permit from
Clean Water Services and be connected to the City's or the I lAifiorl Sw-vorage A/'10AGY Clean
Water Services sanitary sewerage systems.
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