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5. The waterway location or alignment is incorrect; or <br />6. The /WQ Management Area as depicted on the map extends <br />beyond the applicable 25 foot or 40 foot setback as described in <br />EC 9.4778(1); <br />(b) For removal of the /WQ Overlay Zone that is proposed due to a <br />partition, subdivision or property line adjustment: <br />1. The newly created lot does not include any portion of a /WQ <br />Management Area; and <br />2. In cases where the lot has not yet been recorded, removal of the <br />/WQ Overlay Zone shall be conditioned upon recordation. <br />(3) <br />Update of the Water Quality Waterways Map and the Eugene Overlay Zone <br />Map. If the Type II process described above results in the approval of a <br />correction to the Water Quality Waterways Map, the planning director shall <br />update that Map to reflect the correction. If the correction results in the <br />complete removal or relocation of the /WQ Management Area from a lot under <br />(2)(a) or a determination that the /WQ Overlay Zone should be removed or <br />relocated from a lot under (2)(b), the planning director shall update the <br />Eugene Overlay Zone Map to reflect the determination. <br />9.4790 /WQ Water Quality Overlay Zone - Development Standards. <br />The following <br />standards apply only as specifically required by EC 9.4780(3): <br />(1) Vegetation Removal. <br />Vegetation removal in order to accommodate a use <br />listed in EC 9.4780(3) shall comply with the following standards: <br />(a) Vegetation removal in excess of that allowed by EC 9.4780(2)(b) shall <br />be the minimum necessary to accommodate the use; and <br />(b) Any clearing of vegetation that is not within the footprint of uses <br />approved in accordance with EC 9.4780(3), or uses approved through <br />an adjustment approved under EC 9.8030(25), must be followed by <br />replanting in accordance with the requirements of subsection (2) <br />below. <br />(2) Planting and Replanting. <br />Planting or replanting of areas that are cleared or <br />graded in order to accommodate a use listed in EC 9.4780(3) and that are <br />located outside of the use’s footprint shall comply with the following <br />standards: <br />(a) Plantings of plants and vegetation provided they are not Invasive, <br />Non-Native Plant species as defined in EC 9.0500 Definitions, <br />including some tree or large shrub species and planted in sufficient <br />quantity and location to provide bank stability and to create substantial <br />shading of the channel during times of peak solar input; <br />(b) Except as required in (d) below, the plant species and plant spacing to <br />be utilized shall further the objective of increasing, to the greatest <br />extent practicable, the capacity of the /WQ Management Area to filter <br />pollutants from runoff that flows across the /WQ Management Area; <br />(c) Plant species selected for all plantings shall be appropriate to the site <br />given its topography, hydrology, and soil type; <br />(d) Areas of bare soil existing as a result of vegetation removal shall be <br />protected or covered consistent with EC 6.625 through EC 6.645, and <br />replanted or mulched and seeded with straw mulch and native seed <br />within 15 days of disturbance; <br />Ordinance - 13 <br /> <br />