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Ordinance No. 79-73 CITY OF TIGARD, OREGON ORDINANCE No. 79-_a AN ORDINANCE AMENDING CHAPTER 18.57, TIGARD MUNICIPAL CODE RELATING TO GREENWAYS AND FIXING AN EFFECTIVE DATE. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Chapter 18.57 of the Tigard Municipal Code is amended to read as follows: CHAPTER 18.57 SENSITIVE LANDS 18.57.010 Statement of Intent: Sensitive lands are lands potentially unsuitable for development because. of location within the 100 year floodplain, within a natural drainageway, or on steep slopes. Sensitive land areas are designated as such in order to give recognition to the need to protect the public health, safety and welfare of the community through the regulation and control of lands within flood- plains, drainageways, and steeply-sloping land areas, and to thereby mitigate potential financial burdens arising from flood damage loss and to preserve natural drainageways from encroaching uses which threaten to affect adversely the property rights of the citizenry of the community, public safety, and the public health by natural conditbns arising from upstream or downstream flood levels. City actions under this ordinance will recognize the rights of riparian owners to be free to act on the part of the City, its Commissions, representatives and agents, and landowners and occupiers. The floodplain district has for its purpose the preservation of natural water storage areas within the floodplain district by discouraging or prohibiting incompatible uses. 18.57.020 Definitions: (a) In this chapter the following words and phrases shall be construed to have the specific meanings assigned to them as follows. (:i) "Drainageways11 are defined as those areas which convey significant seasonal concentrations of water over the surface of the land. (2) "Excavation" means mechanical removal of earth material. (3) "Fill" means any act by which earth, sand, gravel, rock or any other similar material is deposited, placed, pulled or transported, and includes the conditioas resulting therefrom. (Y) "Flood" means a terprrary rise in straw flow or stage that results in water overtopping stream banks and inundating land adjacent to the normal flow of water through the stream channel. ORDTNAiNCE No. 79- (5) "Flood hazard" means a danger to property or health as the result of inundation of the floodplain. (6) "Floodplain" means the relatively flat area or lowlands adjoining the channel of a river, stream, watercourse or other body of water which has been or may be covered by floodwaters within the area of applicability defined by the floodplain district. (7) "Floodplain district" means those areas within the City of Tigard inundated by the 100-year regulatory flood. (8) "Grading" means any excavation or filling or combination thereof. (9) "Greenway" means all lands within the 100 year floodplain of Fanno Creek and the Tualatin River and the lands on either side f of natural drainageways as designated by the park board and i comprehensive plan for preservation. (10) "Obstruction" means any dam, wall, embankment, levee, dike, pile, s abutment, projection, excavation, channel modification, bridge, conduit, culvert, building, gravel, refuse, fill, structure, matter or things of a similar nature in, along, or across or projecting into any channel, watercourse, or floodplain drainageway areas which may impede, retard or change the direction of the flow of water, either by itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of health or property. (12) "Regulatory flood" means the flood used to define the outer boundary lines of the floodplain district. The maximum flood predicted to occur within 100 years. (12) "Steeply sloping lands" are portions of the ground surface which have a slope of 12 percent (12%) or greater. (13) "Structure" means constructed edifice, barrier or building of any kind, or any artificial build-up or composition of physical parts adjoined together. 18.57.030 Permitted uses: Except as provided by Section 18.57.040, the following uses shall be permitted within sensitive lands: (1) Greenways (a) Community recreational uses such as bicycle and pedestrian paths, archery ranges or unpaved athletic fields or parks. (b) Public conservation areas for water, soil, open space, forest or wildlife resources. %c) Re'm'oval of poison oak, tansy ragwort, blackberry or any other noxious vegetation. (2) Floodplain District and Drainageways: *: (a) Accessory uses such as lawns, gardens or unpaved play areas. k (b) Agricultural uses conducted without locating a structure in the floodplain district. (c) 'Community recreational: uses such as bicycle and pedestrian j Page 2 paths, archery ranges, or unpaved_athletic fields or parks. msµ: ORDINANCE No. 779 �r (c Public and private conservation areas for water, oil, open space, l fores .or wildlife resources. { (e) Remov of poison oak, tansy ragwort, lckberry or any other noxious vegetation. (3) Drainageways: (a) Fences. (b) Removal of poison oak, tansy ragwort, blackberry or any other noxious vegetation. (4) Steeply sloping lands: (a) Low-intensity recreational uses such as bicycle and pedestrian paths. (b) Landscaping or gardens which provide substantial vegetative cover. (c) Public and private conservation areas for water, soil, open space, forest or wildlife resources. (d) Removal of poison oak, tansy ragwort, blackberry or any other noxious vegetation. (5) Except as explicity authorized by other provisions of this chapter, all other uses are prohibited on sensitive lands. (6) Modification by grading shall not alter the character of lands for the purposes of this chapter. Lard which in its natural state lay within the floodplain, or was steeply sloping shall continue to have that legal character, though grading may have altered the surface condition. 18.57.040 Uses and activities allowed with a Special Use Permit: The following uses and activities are allowed only by Special Use Permit granted by the Planning Commission and based on the standards set forth in. Section 18.57.060. (1) Within drainageways/greenways & steeply sloping lands, (a) Fill, grading, excavating. (b) Structures. (c) Off-street parking and maneuvering areas, accessways and service drives located on the ground surface. (d) Roadways, bridges or utility facilities. (e) Removing any live vegetation other than poison oak, tansy ragwort, blackberry or any other noxious vegetation. (2) Within the floodplain/greenways only, (a) Any temporary structure which by its nature cannot be readily removed from the floodplain area during periods of flooding, and which would impede or interfere with the flow of flood- waters within the district, (b) Any change in the topography or terrain which would change the flow of waters during flooding periods, or which would increase the flood hazard or alter the direction or velocity of the floodwater flow. 18.57.050 Nonconforming uses: A use established prior to June 1, 1979, which would be prohibited by this chapter or which would be subject to the limitations and controls imposed by this chapter shall have nonconforming use status, and be subject to the provisions of Chapter 18.68 of this Code. The benefits of non-conforming use status shall not, however, be available to uses or conditions established or created in violation of any statute, ordinance, or law in effect at the time of establishment or creation. Page 33 ORDINANCE No. 79- ' • 18.57.060 Special Use Permits: In accordance with the procedures and requirements set forth inrh?pter lo.64 of this Code, an application for a Speciale Use Permit" filed as by said dhapter stated may be approved or denied by the Planning Commission following a public hearing. All applications for "Special Use Permits" shall be supported by the ollowing information to enable the Planning Commission to determine whether the proposed use is located in the floodplain or drainageways district and if so, whether the proposal, if approved, will conform to the purposes and guidelines as set forth in this chapter. A.- Floodplain: " 1) Plans drawn to scale, submitted in triplicate as prepared by i a registered professional engineer with experience in hydraulic and geohydrologic engineering and processes, showing the ; nature, location, dimensions, elevations and topography of the site; the location of existing and proposed structures located upon the site, existing and proposed areas to be filled or otherwise modified, and the relationship of these to the location of the stream channel, and proposed methods for controlling erosion. 2) Any documentation, photographs, water marks, and similar evidence . offered in support of the claim that the site or area in question , lies above high water as defined by the regulatory flood. B. Drainageways: 1) Plans drawn to scale, submitted in triplicate as prepared by a registered professional engineer with experience in hydraulic and hydrologic engineering and processes, showing the nature, . location, dimensions, elevations and topography of the site; the location of existing and proposed structures located upon the site; existing and proposed fill or excavated areas, and the relationship of these to the location of the stream, channel (*f any), sud the proposed methods of controlling erosion. C. .Steep slopes 1) Plans drawn to scale, submitted in triplicate as prepared by a qualified registered professional engineer showing the nature, location, dimensions, elevations, and topography of _ t, the site; the location of existing and proposed structures ' located upon the site, existing and proposed,fill or excavated areas and proposed methods of controlling erosion. 18.57.070 Standards `- 1) Application for a Special Use Permit in floodplain areas shall be granted or denied in accordance with the following standar2 - Z,: ;: Page 4 ORDINANCE No. 79-�� k �3 . - F (a) No structure, fill, excavation, storage or other use shall be permitted which alone or in combination with existing or proposed uses would reduce the capacity of the floodplain area or raise either the flood surface elevation or flow rates, or adversely affect flow direction on upstream or downstream properties, or create a present or foreseeable hazard to public health, safety and general welfare. (b) The applicant must obtain the permii required by the State of Oregon under ORS chapter 541 for removal or filling of waterways, or demonstrate that the provisions of this statute do not apply. (2) Application for a Special Use Permit in a drainageway area shall be granted or denied in accordance with the following standard: (a) The proposed action must not adversely impact runoff, erosion, ground stability, water quality, ground coater level, flow rates or flooding. (3) Application for a Special Use Permit in a steeply sloping land area shall be granted or denied in accordance with the following standard: (a) Applicant must supply affirmative documentation that the proposed action will not adversely impact runoff, erosion, ground stability, water quality, groundwater level, or flooding; and that the site can support the proposed modification or structure as designed. SEC . 2 This ordinance shall take effect on the 31st day following its passage and signing. PASSED: By the City Council by vote of all Council members present, after being read two times by number and title only, this 27 day or , 1979. City Recorder-City igard. SIGNED: By the Mayor, this 22;r. day of ay - gtd Page S ORDINANCE No. 79-