Item 2: Ordinance on Water Quality Overlay Zone

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(2) Except as provided in section 6.660, open waterways shall remain open for the purposes of conveying and/or filtering stormwater runoff. No foreign materials, including earth, lumber, concrete, asphalt, aggregates, pipes, plastic, yard debris or any other similar material, shall be placed in or over the channel of an open waterway. Except for construction exempt under section 6.660, no construction shall take place in or over the channel. (3) The prohibitions in subsection 6.655(2) apply to the channel area of all open waterways as measured from top-of-bank to top-of-bank. The top-of-bank is the highest point at which the bank meets the grade of the surrounding topography, characterized by an abrupt or noticeable change from a steeper grade to a less steep grade, and/or where natural conditions prevail, by a noticeable change from topography primarily shaped by the presence and/or movement of the water to topography not primarily shaped by the presence of water. Where there is more than one such break in the grade, the uppermost shall be considered the top of the bank. If the top-of-bank is not identifiable, or if it has been significantly altered through channel reconfiguration or other enhancements consistent with the provisions of sections 6.650 through 6.670, the prohibitions in subsection 6.655(2) apply to the line of ordinary high water, which is the line on a bank to which seasonal high water rises annually.] [6.660 Open Waterways - Exemptions . (1) The prohibitions in subsection 6.655(2) shall not apply under the following circumstances: (a) The piping or filling is pursuant to a land use approval or building permit specifically authorizing the piping or filling if the approval was final at the local level prior to the effective date of sections 6.650 to 6.670, is required by state law, or is in a waterway that is part of a wetland site designated for development by the West Eugene Wetlands Plan; and (b) The owner of the property or permittee has submitted to the city, and the city has approved, a plan for minimizing and mitigating negative impacts to the waterway as a result of the filling or piping. (2) The following uses or activities are exempt from the prohibitions of section 6.655: (a) Construction of bridges, culverts, and other similar infrastructure needed to cross open waterways in order to provide vehicular, bicycle and/or pedestrian access to existing lots of record and connectivity for new development and regional transportation systems; (b) Temporary crossings needed to provide access across open waterways in case of emergencies and/or temporary use conditions; (c) Repair and/or replacement of: 1. Existing street crossings, Ordinance - 29