Ordinance No. 20194 - Laserfiche WebLink

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ORDINANCE NO. 20194 AN ORDINANCE CONCERNING OPEN W A TERW A YS, AND ADDING SECTIONS 6.650,6.655,6.660,6.665, AND 6.670 TO THE EUGENE CODE, 1971. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The following caption and Sections 6.650, 6.655, 6.660, 6.665, and 6.670 are hereby added to the Eugene Code, 1971, to provide: OPEN WATERWAYS 6.650 Open Waterways - Purpose. It is the intent of sections 6.650 to 6.670 to establish interim protection for constructed and natural open waterways that provide multiple stormwater benefits to the entire community. The protection established in these sections shall remain in effect until the city completes its Goal 5 process for wildlife habitat values and incorporates the results, along with the stormwater conveyance and water quality treatment functions, into a comprehensive set of open waterway protection measures. Open waterways provide such benefits as storm drainage and flood control, filtration and treatment of stormwater pollutants, and habitat for aquatic and other wildlife species. 6.655 Open Waterways - Prohibition. (1) As used in sections 6.650 to 6.670, "open waterways" shall mean a natural or human-made swale, creek, stream, open channel, ditch or other similar water feature, that has a defined and identifiable channel with slopes, that is predominantly of earthen material, and that has the specific function of conveying and/or storing stormwater runoff. Notwithstanding anything in the previous sentence to the contrary, Amazon channel, including the concrete-lined portions, shall be considered an open waterway. (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 Ordinance - 1