Ordinance No. 20224 - Laserfiche WebLink

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soil amendments used for replanting in accordance with provisions of this section. (3) Construction of new septic drainfields. (4) Channelizing or straightening natural drainageways. (5) Removal or destruction of rare, threatened or endangered plant species, unless a conservation plan for the affected species is submitted by the applicant and approved by the planning director, in conjunction with the Oregon Department of Agriculture and the U.S. Fish and wildlife Service. (6) Filling, grading, excavating, depositing soils imported from off -site, and the application of chemical herbicides, pesticides and fertilizers are prohibited unless they: (a) Are directly related to a use permitted in the waterside protection area, (b) Address an imminent threat to public health and safety, or (c) Result in enhancement of water quality, and enhancement or maintenance of stormwater conveyance capacity, flood control capacity, groundwater discharge and recharge capacity and wildlife habitat. 9.4750 Conveyance of Stormwater Maintenance Easement within the /WP area, the city shall have the authority to require conveyance of a maintenance access easement for any natural or human made stormwater facility as a condition of approval for a site review or conditional use permit. Maintenance access easements shall be parallel to the stream or channel and shall be of sufficient width to allow a 20 foot wide maintenance access road along one side of the stream or channel. 9.4760 Exceptions. The planning director shall have authority to grant exceptions to the provisions of this overlay zone for uses and development within /WP areas subject to site review approval in accordance with the following provisions: (1) Criteria. Exceptions shall be granted only if the applicant clearly demonstrates in writing that either of the following exist: (a) The provisions of this overlay zone in conjunction with other city regulations, and circumstances peculiar to the property not self- imposed by the applicant, would prohibit any viable economic use of the property. (b) The /WP area as set forth in EC 9.4720 Waterside Protection Areas, occupies more than 33 percent of the development site area. (2) Process. To determine the extent to which an exception is allowed under EC 9.4760(1)(a), the planning director shall consider the following provisions: (a) Where practical, relax other setbacks in order to accommodate buffer setbacks as defined in EC 9.4720 Waterside Protection Areas (b) If no economically viable use is feasible under (2)(a), relax /WP overlay zone requirements applicable to riparian areas as defined in EC 9.4720 Waterside Protection Areas, outside buffer setback areas. In this instance, enhancement of riparian vegetation within the buffer setback area shall be required consistent with applicable provisions from EC 9.2530 Natural Ordinance - 169