Ordinance No. 20194 - Laserfiche WebLink

Home Browse Search

cutting and/or streambank erosion, such as: vault-filters, check-dams, settling bays, ponds and vegetative filters, and in-stream bio-engineering devices designed to reduce velocity of flow. (f) Roadside ditches constructed for the specific purpose of providing drainage for the roadway. (3) Where the prohibitions of subsection 6.655(2) would result in preventing all viable economic use of the property, or would prohibit the use of more than 33 percent of the property, the city manager may grant a site specific exemption to allow some viable economic use of the property, or the use of not less than 67 percent of the property. ( 4) Where the city manager determines that relocation and/or realignment of an open waterway can be accomplished in a manner that is consistent with the purpose of section 6.650, the city manager may authorize that relocation or realignment. If the city manager does so, the city manager shall impose such conditions as he or she deems necessary to ensure that the relocated or realigned open waterway is comparable in functions to the existing open waterway. The city manager shall not approve such relocation or realignment unless the proposal, in addition to being consistent with the purpose of section 6.650, meets the following criteria: (a) All required state and federal permits have been approved, (b) The proposal is consistent with existing local plans and policies, (c) The proposal is consistent with applicable city stormwater development requirements and design specifications including drainage, flood control, water quality treatment, related natural resources protection and maintenance access needs, and (d) Any requirements imposed by administrative rules adopted pursuant to section 2.019 of this code. (5) No use or activity under subsections (2) - (4) of this section shall commence until the proposed use or activity is approved by the city manager. (a) Except for decisions based on subsection (2), the city manager shall not issue a decision under this section without first providing public notice and an opportunity for public comment consistent with the requirements to be adopted by administrative rules under section 6.665(3). (b) The city manager shall deny approval unless the proposal demonstrates that any potential negative impacts to the waterway have been avoided and minimized to the maximum extent practicable. To the extent there are remaining impacts, they are to be mitigated in accordance with adopted city administrative rules which shall require rehabilitation of the degraded hydrological, ecological, and water quality treatment functions, or alternatively, payment to a mitigation fund at an amount determined by the city manager sufficient to secure rehabilitation of lost functions. As part of the administrative rules to be adopted under section 6.665(3), the city manager also shall provide guidance for making determinations on avoidance and minimization. 6.665 Open Waterways - Enforcement. (1) Failure to comply with the provisions of sections 6.650 to 6.660 of this code Ordinance - 3