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/WQ Management Area from a lot, or a determination that the
<br />/WQ Overlay Zone should be removed or relocated from a lot, the
<br />planning director shall update the Eugene Overlay Zone Map to
<br />reflect the determination;
<br />(c) Construction of public improvements not already permitted under
<br />subsection (2) above (including but not limited to streets, bridges,
<br />boardwalks, paths, flood control structures, and public utilities):
<br />1. Where, due to the physical constraints of the development area,
<br />including, but not limited to, slope/hillsides, natural hazards, natural
<br />resources, lot configuration or existing right of way, there is no
<br />feasible option for locating the proposed improvements outside the
<br />/WQ Management Area;
<br />2. Provided the applicant has submitted a certification signed by a
<br />professional referenced in EC 9.4782(2) that, based on the city’s
<br />Water Quality Function Rating System, the construction will result in
<br />a water quality function rating equal to or greater than previously
<br />existed; and
<br />3. Subject to EC 9.4790 /WQ Water Quality Overlay Zone
<br />Development Standards (1) through (11);
<br />(d) Construction of a private stream crossing with a culvert or bridge for an
<br />access road or pedestrian use:
<br />1. Where, due to the physical constraints of the development area,
<br />including, but not limited to, slope/hillsides, natural hazards, natural
<br />resources or lot configuration, no point of access to an adjacent
<br />street or road is available within the applicant’s real property
<br />ownership that is outside the /WQ Management Area;
<br />2. Where the number of stream crossings is the minimum necessary
<br />for the approved use; and
<br />3. Subject to EC 9.4790 /WQ Water Quality Overlay Zone
<br />Development Standards (1) through (3), (5), (6), (8), (10) and (11);
<br />(e) Construction of a private street and related infrastructure including utilities
<br />not already permitted under subsection (2) above:
<br />1. Where, due to the physical constraints of the development area,
<br />including, but not limited to, slope/hillsides, natural hazards, natural
<br />resources or lot configuration, or access location restrictions by the
<br />city, there is no feasible option for locating the street outside of the
<br />/WQ Management Area;
<br />2. Provided the applicant has submitted a certification signed by a
<br />professional referenced in EC 9.4782(2) that, based on the city’s
<br />Water Quality Function Rating System, the construction will result in
<br />a water quality function rating equal to or greater than previously
<br />existed; and
<br />3. Subject to EC 9.4790 /WQ Water Quality Overlay Zone
<br />Development Standards (1) through (3), (5), (6), (10) and (11);
<br />(f) Construction of new underground utility lines not already permitted under
<br />subsection (2) above:
<br />1. Where, due to the physical constraints of the development area,
<br />including, but not limited to, slope/hillsides, natural hazards, natural
<br />resources, lot configuration or existing right of way, no reasonable
<br />alternative route exists outside the /WQ Management Area to
<br />Ordinance - 10
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