Ordinance No. 95-03 CITY OF TIGARD, OREGON ''�S -
ORDINANCE NO. -�
AN ORDINANCE TO AMEND PROVISIONS TO THE COMMUNITY DEVELOPMENT CODE
(SECTION 18.54 SENSITIVE LANDS) RELATING TO FEMA REQUIREMENTS AND
CLARIFYING LOCAL PERMIT PROCEDURES FOR SENSITIVE LANDS.
WHEREAS, The City of Tigard finds it necessary to revise the Community
Development Code periodically to improve the operation and
implementation of the Code; and
WHEREAS, The Federal. Emergency Management Agency requires that the
development code be amended to comply with the National Flood Insurance
Program; and
WHEREAS, The City of Tigard Planning Commission reviewed the proposed
amendments at a public hearing on December 5, 1994 and voted to
recommend approval of the amendments to the City Council; and
WHEREAS, The City Council held a public hearing on January 24, 1995 to
consider the amendment.
THE CITY OF TIGARD ORDAINS AS FOLLOWS
SECTION 1: The Community Development Code shall be amended as shown in
Exhibit "A" according to the findings shown in Exhibit "B".
This ordinance shall be effective 30 days after its passage by the
Council, approval by the Mayor, and posting by the City Recorder.
PASSED: By unammous vote of all Council members
present after bein read by number and title only, this
�. day of l- .
GA"ru
Catherine Wheatley, City Recorder
APPROVED: This day of _!
U
J' coli; mayor
Approved :as to form:
Ci y ttorney
ORDINANCE No.
Page 1ME M
'.
6.
• EXhibit "A"
Language to be added is bold,
Language to be deleted is bold/
Chapter 8.84
SENSITIVE LANDS
Sgctions:
18.84.010 Purpose
18.84.015 Applicability of Uses: Permitted, Prohibited, and
Nonconforming
18.84 020 Administration and Approval Process
18.84.025 Maintenance of Records
18 84.026 General Provisions for Floodplain Areas
18.84.028 General Provisions for Wetlands
18.84.030 Expiration of Approval: Standards of Extension of Time
18.84.040 Approval Standards
18.84.045 Exception for Development in the 108th/113th Ravine below
the 140 Feet Elevation
18.84.050 application Submission Requirements
18.84.060 Additional Information Required and Waiver of
Requirements
18.84.070 Site Conditions
18.84.080 The Site Plan
18.84.090 Grading Plan
18.84.100 Landscaping Flan
18.84.010 Pu ose
A. Sensitive lands are lands potentially unsuitable for
development because of their locationwithin:
1. The 109-wear floodplain;
2. statural 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 Comprehensive Plan Floodplain andWetland
Map; and
4. Step slopes of 25 percent or greater and unstable
ground.
Draft,December 6,1594 Page-I
t_.
Chapter W4 SENSMVE LANDS Exhibit X
ggry
;4_
B. 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.
C. 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 grater duality, and fish
and wildlife habitats, and preserving scenic quality and
recreationa4 potentials.
D. The regulations of this chapter are intended to implement the
comprehensive plan and the
citve a flood ain man gement
nroctram as required bv the National Flood insuranc®_RK2giqam,
and help to preserve natural sensitive land areas from
encroaching use and to maintain the September 1981 zero-foot
rise floodway elevation.
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Draft-December 6,1994 Page-2
Chapter 18.84 SENSMVE LANDS Mbit"X
18.84,015DOlj..gAtjjj.ty og Uses: Permitted. Proh'19i ited, and
Nonconf a=. JM
A. outright Permitted uses - No Permit Required
Except as provided by Subsections 18.84.015.B, D. and E., the
following uses are outright permitted uses within s
'
Ia the 100-yeas floodplain, drainagaways, slopes that
are 25 percent or greater, and unstable around when the use
a
can not involve paving. Pear the purposes of this chapter,
the weird "structural' shall exclude: children's play
WN equipment, picnic tablas, sand boxes, grills, basketball hoops
and similar recreational equipment.
1. Accessory uses such as lawns, gardens, or play areas-r
excep Wetlands;
Z u Farm uses conducted without locating a
structure within the sensitive land area t---i-"
Wet-lemas;
3. Community recreation uses oueh-ee b& eara� �
excluding structuress
4. Public and private conservation areas for water, soil,
open space, forest, and wildlife resources;
5. Removal of poison oak, tansy ragwort, blackberry, or
other noxious vegetation;
6. Maintenance of floodway excluding rechanneling; and
7. Fences, except in ,the floodway area;
S. Accessory structures which are less than 120 sure feet
in size, except in the fl.00dway area; and
9. Landform alterations involving up to 10 cubic yards 'of
material, except in the floodway area.
: t B. Administrative sensitive Lands Permit '
1. Administrative sensitive lands permitsin the
100-year` floodplain, drainagewaye slopes that are 25
percent or greater, and unstable ground shall be obtained
from the appropriate community development division for
the following:
-Ia. ' The City Engineer shall review the *installation of
r public support facilities such as underground
utilities and construction of roadway improvements
including sidewalks, curbs, streetlights, and
driveway'aprons;
Drat-December 6,1994 Page-3
Chapter 18.84 SENSUIVE LANDS Exhibit"A"
b. The city Engineer shall review minimal ground
disturbance(s) or landform alterations involving 10
to so cubic yards of material, eXoept in the
floodway area, for land that is within public
easements and rights-of-way;
2c. The Director shall review Mainimal ground
disturbance(s) but---no or landform alterations
involving 10 to S0 cubic yards of material, except
in the floodway area; and
3d. The Director .shall review the Rrepair,
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 nes development
occurs in the floodway;
#e. The Building official shall review building permits
for accessory structures which are 1.20 to 528
square feet in size, except in the floodway area;
and
sf. The Director shall review applications for paving
on private property, except in the floodway area.
2. The responsible community development division shall
approve, approve with conditions, or deny an application
for a development permit, as described above in
Subsection I., based on the standards set forth in =
sections 18.84.026, 18.84.040, and. 18.54.045.
C. 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, Unified Sewerage Agency, and/or other federal,
state, or regional agencies do not require a sensitive lands
permit. The 'City shall require that all necessary permits
from outer agencies are obtained. All other applicable City
requirements must be satisfied, including sensitive land
permits
for areas within the 100-yearfloodplain, slopes of 25 percent
or 'greater or unstable: ground, drainageways, 'and wetlands w
Which are not under state or federal jurisdiction.
B
m.+
Draft-Dsc mba rr 6,1544 Page-4
G'hapter 18.84 SENS'nvi:L LANDS Exhibit W
D. Sensitive Lando permits Issued by the Director
1. The Director shall have the authority to issue a
sensitive lands permit in the following areas:
a. Drainagawaysd
b. Slopes that are 25 percent 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
Comprehensive plan Floodplain. and Wetland Map.
2. Sensitive lands permits shall be required for they areas
in Subsection D. 1. above when any of than following
circumstances apply:
a. Ground disturbance(s) or landform alterations
involving more than 50 cubic yards of material;
t b. Repair, reconstruction, or improvement of an
existing structure or utility, the cost of which
equals or exceeds So percent of the market value of
the structure prior to they 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.
R. Sensitive Lands Permits issued by the Hearings Officer
1. The Hearings Officer shall have the authority tO issue a
sensitive lands permit in the loo-year floodplain.
a. Sensitive lands permits 'shall be required in the 100-year
` floodplain when any of the following circumstances apply:
a. Ground disturbance(s) or land orm alterations in
all'floodway areas; ear
b. Ground disturbance(s) or landform alterations " in
other f4eedple-i-ft 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 So ,percent of the market value of
the structure prior to the improvement or the
damage requiring; reconstruction provided no
development occurs in they floodway;
d. Structures Intended for human habitation; and
Draft-Decert ber b.1994 Page-5
Chapter 18.84 SFNS1T1VE LANDS Exhibit IX
ACcesSory struotuv®s which are greater than 528
square feet in size, outside of flvodway areas.
OF. Except as explicitly authorized by other provisions of this
chapter, all other uses are prohibited on sensitive land
MIR areas.
. 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 18.132. (Ord. 90-�29;
Ord. 89-06; Ord. 87-66; Ord. 87-32; Ord. 84--36; Ord. 83-52)
84.020 Admi istration and Approval process
A. The applicant for a sensitive lands permit shall be the
recorded owner of the property or an agent authorized in
writing by the owner.
B. A preapplication conference with City staff is required. (See
Section 18.32.040.) 2f uncertainty exists in regards to the
location or configuration of wetland areas, staff shall make
an on-site inspection prior to an application being initiated
to determine the nature and extent of the resource. if
necessary, assistance: from state and federal agencies shall be
sought to provide the applicant additional information.
C. Due to possible changes in state statutes, or regional or
local policy, information given'> by staff to the applicant
during the preapplication conference is valid for not more
than six: months:
1. Another preapplication conference is required; if any
variance application is subuitted, more than six months
after the preapplication conference; and
2. 'Failure of the Director to provide any:of the information
required by this chapter shall not constitute a waiver of
the standard, criteria or requirements of the
application.
D. The appropriate community development division shall approve,
approve with conditions, or deny an application for ars
administrative sensitive lands ;permit within the '100-year
floodplain, drainageways, slopes that are 25 percentor
greater, and unstable; ground as set forth. in. Subsection
18.84.015 B. z
E. The Director shall approve,approve with conditions, or deny
an 'application for a sensitive lands permit as set forth in
Section 18.84.015.D. The decision made by the Director may be
appealed to the Hearings Officer as provided by
Subsection 18.32.310.A
Draft-December 6,1994 Page-6
Chapter 18.84 SENSUIVE LANDS Exhibit'A
OF. The Hearings Officer shall approve, approve with conditions,
or deny an application for a sensitive lands permit within the
100-year floodplain as sat forth in Subsection 18.84.015 E.
The Hearings Officer's decision atay be reviewed by the Council
as provided by Subsection 18.32.310.B.
F. 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.
G. 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.
H. The Director shall require that maintenance is provided within
the altered �or relocated portion of san a watercourse so
that the flood-carrying capacity is not diminished.
1 The appropriate approval
authority shall apply the standards set forth in BubsSections
18..84.025, 18.84.040, and 18.84.045 when reviewing an
application for a sensitive lands permit.
J. The appropriate approval authority shall require that than
elevations and f loodproof ing certification required in Section
15.84.025 be provided prior to occupancy or final approval of
all new or substantially improved structures.
Jt. _ The Director shall give .notice of applications to be heard by
the Hearings Officer as provided by Section 18.32.130.
RZ The Director shall mail notice of any sensitive lands
application decisions in subsections 18.84.015 D. and E. to
the persons entitled to notice under Section 18.32.120. (Ord.
90-29; Ord. 89-06; Ord. 87-�66; Ord. 87-32; Mrd. 83-52) .
18.84.025 Maintenance of Records
A. 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.
B. For all new or`subsLantislly improved floodproofed structures,
the Building Official shall:
1. Verify and record the actual elevation (in relation to
mean sea level) ; and
2. Maintain the floodproofing certifications required in
this chapter.
Draft-December 6,1994 Page-7
Chapter 1&84 SENSi i3VE LANDS Exhibit A'
C. The
Director shall*
I-ir-41maintain for public inspection all other records
pertaining to the provisions in this chapter. (Ord. 89-
06; Ord. 87-66; Ord. 87--32; Ord. 83-52)
a.84.026 General provisions for Ploodiolain Arens
A. The appropriate approval authority shall review all permit
applications to determine whether proposed building sites will
be sate from flooding.
B. The areas of special flood hazard identified by the Federal
Insurance Administration in a scientific and engineering
report entitled "he's Flood insurance Study of the City of
Tigard," dated September 1, 3981, with accompanying Flood
Insurance Maps (updated February 1584) is hereby adopted by
reference and declared to be a part of this chapter, This
Flood Insurance Study is on file at the Tigard Civic Center.
C. When base flood elevation data has not been provided in
accordance with Subsection 1.8.84.026. B., 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 18.84.026.H and H) .
D. 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 proposed construction'' will be reasonably safe from.
flooding. The test, of reasonableness is a local judgment and
includes use of historical data., high cater 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.
eltv
• ...,
e� �=��--�•z-gam �:,�-�
_ ZY. All new construction and substantial improvements, i.nclludin
manufactured hpmes, shall be constructed with materials and
t
ut&44se utility equipment resistant to flood damage.
+G. All new construction and substantial improvements, includina
manufactured homes shall be constructed using methods -and
practices that minimize flood damage.
-DH. Electrical, heating, ventilation, plumbing, and air-
conditioning equipment and other service facilities shall be
designed and/or otherwise elevated or located see as to prevent
water from. entering or accumulating within the components
during conditions of flooding.
Draft-December 6,1914 Page•8
Ctzaapter 18.84 SENSrnVE LAr-MS Exhibit A"
a
W. All new and replacement water supply systems shall be designed
to minimize or eliminate infiltration of floodwaters into the
•
system
FJ. All new construction, all manufactured homes and substantial
improvements shall be anchored to prevent flotation, collapse,
or lateral movement of the structure.
GK. New and replacement sanitary sewerage systems shall be
designed to minimize or eliminate infiltration of floodwaters
into the systems and discharge from the systems into
floodwaters.
. On-site water disposal systems shall be located to avoid
impairment to them or contamination from them during flooding.
-M. 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; and
i
2. Pully 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
floodwaters. 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 a
waters.
3. Kanufactured homes shall be securer anchored to an
adequately anchored Rqg anent foundation system.
Anchoring methods may include, but are not limited to,
nese of aver-tie-toga or .frame ties to ground anchors.
Draft-December 6,IM Page-9
Chapter 18.84 SENSMVE LANDS Exhibit't0"
4N> 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:
Be floodproofed so that below the base flood level
the structure is watertight with walls
substantially impermeable to the passage of water;
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 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
18.84.025.B; and
�. Nonresidential structures that are elevated, not
floodproofed, must Deet the same standards for
space below the lowest floor as described in
18.84.026.1.2. Applicants floodproofing
nonresidential buildings shall ;be notified that
flood insurance premiums will be 'based on rates
that are one foot below the floodproofed level
(e.g. , a building constructed to the base flood
level will be rated asone foot below that level) .
(Ord. 94-05; Ord. :89-0'6; Ord. 87-66; Ord. 87-32)
O.. Subdivisions and partitions in the 1.00-year floodplain shall
meet the following criteria:
1. The design shall minimise the potential for flood damage;
2. public utilities anal" 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
m 4. For subdivisions or partitions which contain more than 50
' lots or .5 acres and where' base flood-elevation data is
not available from FEHR or another authoritative source,
the applicant shall generate base flood elevation data to
be reviewed as part of the application.
�x
Draft-Deccember 6,1994, Page-10
Chapter 18$4 SENSIIIM I.&NDS Exhibit W
18.84.028 General Provisions for yetlands
A. Wetland regulations apply to those areas meeting the
definition of wetland in Chapter 18.26 of the Community
Development Coda, areas meeting Division of State Lands
wetland criteria and to land adjacent to and within 25 feet of
a wetland. 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," Scientific
Resources Incorporated, 1990.
B. 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. (Ord. 90-29)
18.84.030 Ex irationnof AnDroval• Standards for Extension of Time
A. Approval of a sensitive lands permit shall be void if:
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.
B. 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 shall be provided to the applicant.
n The Director's decision may; be appealed by the applicant' as
provided by Subsection 18.32.310.A. (Ord. 90-41, Ord. 89-06;
Ord. 87-66; Ord. 87-32 Ord. 83-52)
18.84.040 Approval Standards
A. The appropriate approval authority shall
approve or approve with conditions an application: request
within the 100-year floodplain in Subsections 18.84.015 D. and
E. 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,
Draft-December 6,1994 Page-21
Chapter 13.84 SENSMVE LANDS Exhibit'A,
inciggins� f31lI new construct'mn. substaint' 1
�-
i.mcroveme!Its. and oth.er'_develonmout unless M rea 4-
f-� �.
• a-., 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 io0-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 18.42 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 formalteration 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 approvals
shall be obtained; and
7. Where land form alterations and/or development are
allowed within and;adjacent to the 100-year f loodplain,
the 'City shall require the dedication of sufficient open
lazed area within and adjacent to the floodplain in
t 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.
B. The appropriate approval authority oiimetez shall approve or
approve with conditions an application request for a sensitive
lands permit on slopes of 25 percent or greater or unstable
ground in Subsections 18.84.015 B. and D. 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;
R
Draft-December 6,1994 Page-12
Chapter 18.84 SENSrL VE LANDS Exhibit"r:
2. The proposed land fore 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
erasure 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 18.100,
Landscaping and Screening.
C. The appropriate approval authority shall approve or
approve with conditions an application request for a sensitive
lands permit within drainageways in Subsections 18.84.015 B.
and D. based upon findings that all of the following criteria
have been satisfied:
1. The extent and nature o-A the proposed land form
alteration or development will not create site
disturbances to the extent greater than that required for
the use;
2. The proposed land form alteration or development will
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..100,
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 approvals
shall be obtained.
7. where landform alterations and/or development are allowed
within and adjacent to the 100-year floodplain, the City
shall require;the 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
Draft-December 6,1994 Pa®e-13
Chapter 18.84 S&14SPnVE LAINIM Exhibit W
accordance with the adopted pedestrian bicycle pathway
plan. (Ord. 90-29; Ord. 90-22;Ord. 89-06; Ord. 87-66;
Ord. 87-32; Ord. 86-08; Ord. 84-29; Ord. 83-52)
D. The Director shall approve or approve with 'conditions an
application request for a sensitive lands permit within
wetlands in Subsection 18.84.015 D. based upon findings that
all of the following criteria have been satisfied:
1. the proposed landform 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 25 feet of such a wetland;
2. The extent and nature of the proposed landform 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 dub to landform
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 18.100, Landscaping
and Screening;
5, All other sensitive lands requirements of this chapter
have been met;
6. The provisions of Chapter 18.150, Tree 'Removal, shall be
met...
7. Physical Limitations and Natural Hazards, Floodplains and
Wetlands, Natural Areas, and Turks, Recreation and Open
Space policies of the ComprehensivePlan have been
satisfied. (Ord. 90-29; Ord. 89-06; Ord. 87- 66; Ord. 87-
32; Ord. 83-52)
18.84.045 Exception for Development of the 108th�'113th Ravine below the
140 Feet Fxevation
A. Under the sensitive lands permit process, the appropriate
approval authority , as set forth in Subsections
18.€34..015 R. and D., may allow portions of the ravine at 108th
and 113th, designated as a significant wetlands area, to
develop provided that all of the following criteria are met:
1. All of the land (Within the ravine) being considered for
development is less than 25 percent slope;
2. There are no unstable soil conditions on the land being
considered for development; and
Draft-December b,114E Page-14
Chapter 18.8E SENSnTV,E LANDS Exhibit*X
3 Applicable provisions of Section 18.84.040, Sensitive
Lands 'Approval Criteria shall be met. (Ord 90-29; Ord.
89�-06; Ord. 87-66; Ord. 87-•32; Ord. 83-52)
18.84.050 Anolication Submission Requirements
A. All applications for uses and activities identified in
Subsections 38.84.015 B. through E. shall be made on forms
provided by the Director and shall be accompanied by:
1. Copies of the sensitive lands permit proposal and
necessary data or narrative which explains how the
proposal conforms to the standards, (number to be
determined at the preapplication conference) and:
a. The scale for the site plan(s) shall be a standard
engineering scale; and
b. All drawings or structure elevations or floor plans
shall be a standard architectural scale, being 1/4
inch by 1/8 inch to the foots
2. A list of the names and addresses of all persons who are
property owners of record within 250 feet of the site;
and
3 - The required fee.
B. The required information may be combined on one map.
C. The site plan(s)', data and narrative shall include the
following:
1. An existing site conditions analysis, Section 18.84.070;
2. A site plan, Section 18.84.080;
3. A grading plan, Section 18.84.090; and
4. A landscaping plan, Section 18.84.300.: (Ord. 90-29; Ord.
89-06; Ord. 87-56; Ord. 87--32; Ord. 83-52)'
18.84.060 Additional Information Required and',Waiver of Reauirements
A. The Director may require information in addition to that
required by this chapter in accordance with Subsection
18.32.080.A.
B. The Director may waive a specific requirement for information
in accordance: with Subsections 18.32.080.B and C. (Ord. 89-
06; Ord. 87-66; Ord. 87-32; Ord. 83-52)
Draft-December 6,1944 Page-15
Chapter 18.84 SENSITIVE LANDS Exhibit I
.o7a szterlditians
A. The site analysis drawings shall include:
1. A vicinity map showing streets and access points,
pedestrian and bicycle pathways, and utility locations;
2. The site size and its dimensions;
3. Contour lines at two-foot intervals for grades zero to
tem percent and five-foot, intervals for grades over ten
percent;
4. The location of drainage patterns and drainage courses;
5. The location of natural hazard areas including:
a. Floodplains areas (100-year floodplain and
f loodway) ;
b. Slopes in excess of 25 percent;
c. Unstable ground (areas subject to slumping*, earth
slides or movement) ;
d. Areas having a high seasonal water table within 24
inches of the surface for three or more weeks of
the year;
e. Areas 'having a severe soil erosion potential, or as
defined by the Soil Conservation Service; and
f. Areas having severe weak foundation soils;
6. The locationof resource areas as shown on the
comprehensive plan inventory map and as required in
Section 18.84.035 including:
a. wildlife habitat; and
b. wetlands;
7. The location of site features including:
a. Rock outcroppings; and
b. Trees with six inches caliper or greater measured
four feet from ground level;
8. The location of existing structures on the site and
proposed use of those structures. ' (Ord. 83-06; Ord. 87-
66; Ord. 87-32; Ord. 83-52)
Draft-Demmber 6,1994 Page-16
Cft�ptcr 18.94 SBNSrM.TVB LAS MS Exhibit",A."
18.84.080 The Site Plan
A. The proposed site development plan shall be at the same scale
as the site analysis plan and shall include the following
information:
1. The proposed site and surrounding properties`;
2. Contour 'Line intervals (see Section 18.84.070.A.3) ;
3. The location, dimensions, and names of all:
a. Existing and platted streets and other public ways
and easements on the site and on adjoining
properties; and
b. Proposed streets or other public ways and easements
on the site;
4. The location and dimension of:
a. Entrances and exits on the site;
b. Parking and traffic circulation areas;
C. Loading and services areas;
d. Pedestrian and bicycle facilities;
e. Outdoor common areas; and
f. Utilities;
5. The location, dimensions, and setback distances of all.
a. Existing , structures, improvements, ,and utilities
which are located on adjacent property within 25
feet of the site and are permanent in nature; and
b. Proposed structures, improvements, and utilities on
the site;
6. The ;location of areas to be landscaped;
x .
7. The concept locations of proposed utility lines; and
8. The method for mitigating any adverse impacts upon
wetland, riparian, .or wildfire habitat,areas. (Ord. 89--
06; 'Ord. %87-66; Ord. 87=32; ';Ord. 83-52)
18.84.090 Gradina Plan
A. The site plan shall include a grading plan which contains the
following information:
1. Requirements in sections 1.8.84.070 and 18.84.080;
Draft-December 6.1944 Page-17
Chapter ISM SENSMVE LANDS Exhibit'A'
2. The identification and location of the benchmark and
corresponding datum;
3. Location and 'extent to which grading will take place
indicating contour lines, slope ratios, and slope
stabilization proposals; and
4. A statement from a registered engineer supported by
factual data substantiating:
a. - The validity of the slope stabilization proposals;
b. That other off-site impacts will not be created;
C. Stream flow calculations;
d. Cut and fill calculations; and
e. Channelization measures proposed. (Ord. 89-06;
Ord. 87-66; Ord. 87-32; Ord. 83-52)
18.84.100 Landscape. Plan
A. The landscape plan shall be drawn at the same scale as the
site analysis plan, or a larger scale if necessary, and shall
indicate:
1. Location and height of fences, buffers, and screenings;
2. Location of terraces, decks, shelters, play areas, and
common open spaces where applicable; and
3. Location, type, and size of existing and proposed plant
materials.
B. The landscape plan shall include a narrative which addresses:
1. Soil' conditions; and
2. Erosion control measures' that'. will;be used. (Ord. 89--06;
Ord. 87-66; Ord. 87-32; Ord. 83-52)
ki.HC/ACT.doc`(DOS)
TCDCSL.144
h:\Login\patty\tcdcsL.144
(Also'on 5 'WO fLoPPY)
➢3r3ft-Deccsrlssr 6.19�?4 ;Pao-1S
Chag:er 18.E4S�ISPTIVE 1.AALDS exhibit A''
r7
Exhibit "B"
FINDINGS - ZOA 94--01 5EN ITIVE LANDS (FEMA)
The following findings are to be included with the Planning
Division staff report dated 11-18-94 s Amendments to Sensitive
Lands and Floodplain Regulations
LCC GOALS
Goal 1 Citizen Involvement. Notice of the hearing and
opportunity for response was advertised in the local
paper and request for comment were sent to all CITs,
DLCD, METRO, DSL, the Corps of Engineers and FEMA.
Goal 2. Land Use Planning. Adoption of implementation measures
is provided for under Goal 2 and ORS 197. The proposed
measures conform to FEMA requirements and clarify
previously approved local requirements.
Goal 5 Open Spaces, Scenic and Historic Areas and Natural
Resources. The proposed revisions aid in controlling
impact on sensitive land areas including wetlands.
Goal 7. Areas Subject to Natural Disasters and Hazards. The
proposed revisions strengthen city regulations relating
to floodplains, clarify the decision-making process for
other sensitive lands : including steep; slopes,
drainageways and wetlands and bring City requirements
into conformance with FEMA.
COMPREHENSIVE POLICIES
1.1.a. This policy requires that legislative changesare
consistent with«statewide planning goals and ;the regional
development plan. The ' findings above address the
statewide goals;' METRO was sent a request for comment.
The agency does not regulate sensitive lands.'
2.1.1. ` This policy requires an ongoing ,'citizen involvement
process. A request for comment was sent to all City
Citizen Involvement Teams and was legally advertised.
This policy requires that information on issues be
available. The staff report and findings and proposed
ordinance have been available for review since November
1.8, 1994.
3.1.1. This policy governs areas with areas having development
limitations'. The proposed ordinance clarifies existing
regulations and procedures.
3.2.1. This policy prohibits landform alterations that would
_ . MINw.
result in rise in the elevation of the 100 year
floodplain. The proposed ordinance adds FEAR mandated
requirements to further guarantee no damage or rise in
the floodplain.
3.2.2. This policy governs rise in the floodway. The proposed
ordinance complies with FEMA standards and has been
reviewer? by FEMA during the development of the
provisions.
3.2. 4. This policy governs development related to wetlands. The
proposed ordinance identifies uses that are permitted
without a permit and'clarifies permit procedures that are
in compliance with FEMA requirements.