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Ordinance No. 20430
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2009 No. 20426-20449
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Ordinance No. 20430
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Last modified
11/24/2010 9:08:49 AM
Creation date
3/10/2009 12:03:39 PM
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Council Ordinances
CMO_Document_Number
20430
Document_Title
Ordinance Establishing Water Quality Overlay Zone
Adopted_Date
3/9/2009
Approved Date
3/10/2009
CMO_Effective_Date
6/10/2009
Signer
Kitty Piercy
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provide service to an unserved area or to connect to an existing line; <br />and <br />2. Subject to EC 9.4790 /WQ Water Quality Overlay Zone <br />Development Standards (1) through (4) and (10) and (11); <br />(g) Construction of water dependent structures and uses not already <br />permitted under subsection (2) above, and access ways to those <br />structures and uses, which, by their nature, cannot be located anywhere <br />except within the /WQ Management Area, such as boat ramps or docks. <br />Subject to EC 9.4790 /WQ Water Quality Overlay Zone Development <br />Standards (1) through (3), (5), (10), and (11); and <br />(h) Non-emergency repair or stabilization of a failing slope or eroding channel <br />bank that is not already permitted under subsection (2) above: <br />1. Subject to EC 9.4790 /WQ Water Quality Overlay Zone Development <br />Standards (1) through (3), (9) through (11); and <br />2. Provided the applicant submits to the planning director a report from <br />a registered engineer or an Oregon licensed engineering geologist <br />that, based on the city’s Water Quality Function Rating System, the <br />repair or stabilization will result in a water quality function rating <br />equal to or greater than previously existed. <br />(4) Uses Prohibited Within the /WQ Management Area. <br /> Uses that are not <br />specifically allowed under subsections (2) or (3) are prohibited within the /WQ <br />Management Area unless an adjustment is granted pursuant to EC <br />9.8030(25)(c)1. Such prohibited uses include, but are not limited to the piping <br />of a waterway (other than culverts explicitly permitted), storage of wood, <br />building materials, vehicles, machinery, or other items or materials, and <br />dumping, piling, or disposal of refuse, fill, yard debris, pet waste, or other <br />material. <br />9.4782 Water Quality Function Rating System. <br />(1) <br />When this code requires the use of the city’s Water Quality Function Rating <br />System, the applicant shall comply with the requirements contained in the <br />administrative order adopted by the city manager pursuant to EC 2.019 City <br />Manager – Administrative and Rulemaking Authority and Procedures. As more <br />specifically described in that order, the city’s Water Quality Function Rating <br />System sets out a process for evaluating a specific /WQ Management Area’s <br />water quality function based on the presence or frequency of enumerated <br />characteristics. <br />(2) <br />Unless waived by the planning director, that portion of the application utilizing <br />the city’s Water Quality Function Rating System shall be prepared by one or <br />more of the following professionals: <br />(a) Oregon licensed architect; <br />(b) Oregon licensed civil or geotechnical engineer; <br />(c) Oregon licensed landscape architect; <br />(d) Oregon licensed geologist; <br />(e) A professionally trained botanist, biologist, ecologist or geomorphologist; <br />or <br />(f) A creek restoration specialist with a bachelor’s degree in the subject field <br />and at least 5 years of applied experience in botany, biology, ecology, <br />geomorphology or a closely related field. <br />Ordinance - 11 <br /> <br />
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