HomeMy WebLinkAboutItem C: Stormwater Development Standards
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Work Session: Stormwater Development Standards
Meeting Date: March 13, 2006 Agenda Item Number: C
Department: Public Works Engineering Staff Contact: Peggy Keppler
www.eugene-or.gov Contact Telephone Number: 682-2869
ISSUE STATEMENT
The purpose of this work session is to present the stormwater development standards to the council
and open discussion on the proposed code amendments to Chapter 9 (Attachment A: Draft
Ordinance and Exhibit A of the Draft Ordinance) in preparation for the public hearing scheduled for
April 10, 2006. The proposed stormwater development standards are regulations for locating,
designing, constructing, and maintaining stormwater facilities, applicable to new development. A
companion design manual, the Eugene Stormwater Management Manual, sets forth approved
stormwater facilities (Attachment D) and is being prepared for the engineering design community.
The Stormwater Management Manual will be adopted administratively and staff anticipates that the
manual will be adopted concurrent with adoption of the ordinance.
BACKGROUND
The proposed code amendments are intended to implement stormwater development standards as a
component of the City’s Stormwater Program initiated with the adoption of the Comprehensive
Stormwater Management Plan (CSWMP) and as required through the Department of Environmental
Quality (DEQ)’s issuance of the City’s National Pollutant Discharge Elimination System (NPDES)
Permit.
In 1999 and early 2000, a Stormwater Department Advisory Committee (DAC) worked with Public
Works staff to review the stormwater management strategies developed as part of the stormwater
basin planning. The stormwater management strategies included a long-term multiple objective
capital improvement projects list, proposed waterway protection measures, and basic concepts for
proposed stormwater development standards for water quality. A summary of the DAC
recommendations related to stormwater development standards is provided in Attachment B.
On July 10, 2000, staff presented the proposed stormwater management strategies to the council,
including DAC-recommended stormwater development standards concepts, and the related financial
impacts analysis. The council approved the proposed stormwater management strategies and
directed staff to proceed with broader public outreach.
Following the DAC recommendations and subsequent public outreach on the stormwater
management strategies, staff developed a draft ordinance and a draft Best Management Practices
(BMP) Manual for stormwater development standards. Although City projects were beginning to
incorporate water quality BMPs, implementation of stormwater development standards for private
development was put on hold until after the implementation of Land Use Code Update in 2001.
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While applying the practices to several City projects, it was determined that the draft BMP Manual
might be overly complex for the development community. It was determined that a better option
would be to forego Eugene’s Draft BMP Manual and, instead, to modify Portland’s Stormwater
Management Manual for use in Eugene. Portland’s manual was implemented in 1999 and had been
in use by other agencies in Oregon including Springfield, which adopted stormwater development
standards in October 2002 and references the Portland manual as an accepted approach to designing
water quality BMPs.
Staff reviewed and edited the Portland Stormwater Management Manual for accuracy and
consistency with Eugene’s regulatory structure and to reflect Eugene’s stormwater policy decisions
made to-date as well as the recommendation from the DAC. After internal review, Eugene’s Draft
Stormwater Management Manual was completed in April 2005. At the same time that staff prepared
the manual, staff drafted corresponding amendments to the City’s land use code.
On August 11, 2005, a Water Quality Implementation Department Advisory Committee, including
several members from the 1999 Stormwater DAC, was convened to review and provide input on the
proposed amendments to the land use code. The Water Quality DAC included representatives of
special interest groups (Chamber of Commerce and Lane County Home Builders Association),
representatives with technical expertise in architecture, engineering, site design, land use and the
environment, and a representative of neighborhoods. A full list of members from both of the DACs
is shown in Attachment C.
On October 10, 2005, the City Council reviewed and discussed the City’s new stormwater National
Pollution Discharge Elimination System (NPDES) permit and other stormwater program
developments. A motion approved by the council directed the City Manager to develop a fiscal year
2007 budget which included funds for additional stormwater permit-related items, including the
implementation of stormwater development standards.
Presentations on the proposed stormwater development standards have been given to the Lane
County Home Builders Association with members of the Chamber of Commerce in attendance
(October 4, 2005), American Society of Landscape Architects (October 20, 2005), Friends of
Eugene (October 27, 2005), design engineers, surveyors, and developers (November 16, 2005),
Neighborhood Leaders Coalition (November 22, 2005), Santa Clara Neighborhood Association
(December 1, 2005), and at a public open house event (December 20, 2005).
A public hearing with the Planning Commission was held on January 10, 2006, followed by
deliberation on February 13, 2006. Three persons testified in general support of the standards. The
Planning Commission asked staff to re-evaluate the oil control applicability threshold and the
adjustment review section for source controls. Their preference was to eliminate additional
adjustment review applications and instead, move these exception criteria into the body of the
stormwater regulations. This approach is similar to those recently approved in the minor code
amendments.
The proposed amendments to the land use code included in this packet reflect feedback provided by
the Stormwater DAC, the Water Quality DAC, and the Planning Commission.
Proposed Ordinance and Implementation
The existing land use code addresses only stormwater destination (flood control). The proposed
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ordinance amends the land use code to also address stormwater quality from new development via
pollution reduction, flow control, oil control, and source control requirements as well as operation
and maintenance standards for stormwater facilities. A list of the approved stormwater facilities is
shown in Attachment D.
RELATED CITY POLICIES
The City Council adopted the Comprehensive Stormwater Management Plan (CSWMP) in 1993
which provides a policy framework for stormwater services provided by the City. CSWMP includes
specific policy direction to: “Create, implement and enforce water quality based drainage standards
(structural and non-structural) for new development” (Policies 1.2 & 1.5 and Implementation
Measure #P&A7).
The City of Eugene received its first National Pollution Discharge Elimination System (NPDES)
permit in 1994, a requirement of the Clean Water Act for communities greater than 100,000 in
population. The City’s NPDES stormwater permit was renewed in March 2004. An evaluation of the
City’s stormwater management program in light of the new permit requirements identified adoption
of stormwater development standards (Attachment E to this AIS: BMP E4) as a gap in the City’s
Stormwater Management Plan which needs to be filled in order to remain in compliance with the
City’s NPDES permit.
COUNCIL OPTIONS
The council may:
1.Direct the City Manager to hold a public hearing on the ordinance concerning stormwater
provisions on April 10, 2006.
2.Direct the City Manager to make modifications to the proposed ordinance concerning stormwater
provisions.
3.Take no action.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends that a public hearing on the ordinance concerning stormwater
provisions be held on April 10, 2006.
SUGGESTED MOTION
Move to direct the City Manager to hold a public hearing on the ordinance concerning stormwater
provisions on April 10, 2006.
ATTACHMENTS
A. Draft Ordinance and Exhibit A of the Draft Ordinance
B. Summary of DAC Recommendations, June 2000
C. Stormwater Department Advisory Committee Members and Affiliation
D. Approved Stormwater Facilities
E. Best Management Practices E4
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Note: For additional background information, notebooks containing the minutes of the Stormwater
Management Water Quality Implementation Department Advisory Committee, along with other
informational documents, are available for review at the City Manager's Office.
FOR MORE INFORMATION
Staff Contact: Peggy Keppler
Telephone: 682-2869
Staff E-Mail: peggy.a.keppler@ci.eugene.or.us
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ATTACHMENT A
ORDINANCE NO. _______
AN ORDINANCE CONCERNING STORMWATER PROVISIONS;
AMENDING SECTIONS 9.0500, 9.6420, 9.8030, 9.8055, 9.8090, 9.8100,
9.8215, 9.8220, 9.8320, 9.8325, 9.8440, 9.8445, 9.8515, AND 9.8520 OF
THE EUGENE CODE, 1971; REPEALING SECTION 9.6520 OF THAT
CODE; ADDING SECTIONS 9.6790, 9.6791, 9.6792, 9.6793, 9.6794,
9.6795, AND 9.6796 TO THAT CODE; AND PROVIDING AN
EFFECTIVE DATE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
Section 9.0500 of the Eugene Code, 1971 is amended by adding the
following definitions in alphabetical order to the existing definitions, to provide:
9.0500 Definitions
. As used in this land use code, unless the context requires
otherwise, the following words and phrases mean:
Destination.
The ultimate discharge point for the stormwater runoff from a
particular site. Destination can include on-site infiltration such as surface
infiltration facilities, drywells and sumps, and soakage trenches, and off-site
flow to ditches, drainage ways, rivers and streams, and off-site storm pipes.
Equivalent on-site area.
An area of existing impervious surface that: (1)
does not have facilities or structures to treat stormwater runoff; (2) is of equal
or greater square footage to the area of proposed new impervious surface on
the same site; and, (3) is of equal use.
Flood control design storm.
A theoretical storm for evaluating the capacity
of the storm drainage system and designing improvements for the required
level of protection, in accordance with Section 1.4.2 of the Stormwater
Management Manual.
Flow control facility.
Any structure or drainage device that is designed,
constructed, and maintained to collect, retain, infiltrate, or detain surface
water runoff during and after a storm event for the purpose of controlling
post-development water quantity leaving the development site.
Ordinance - 1
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ATTACHMENT A
Headwaters Area.
The area within Eugene city limits that is above 500 feet.
Headwater streams.
Streams that: (1) are identified on the Headwater
Streams Map (Appendix XX of the Stormwater Management Manual) as
having all or a portion of their length located on slopes greater than 10%; (2)
are identified on the Sensitive Areas Map as having all or a portion of their
length located in areas with highly erodible soils; (3) are at least 500 feet or
longer; and, (4) drain at least 10 acres.
Impervious surface/area.
Any surface area that causes water to run off the
surface in greater quantities or at an increased rate of flow from conditions
pre-existing to development. Types of impervious surface include, but are not
limited to, rooftops, asphalt and concrete parking lots, driveways, roads,
sidewalks, and pedestrian plazas. Note: Slatted decks are considered
pervious. Gravel surfaces are considered pervious unless they cover
impervious surfaces or are compacted to a degree that causes their runoff
coefficient to exceed 0.8.
Oil control facility.
Any structure or drainage device that is designed,
constructed, and maintained to remove oil and grease from storm runoff.
Pollution reduction facility.
Any structure or drainage device that is
designed, constructed, and maintained to collect and filter, retain, or detain
surface water runoff during and after a storm event for the purpose of
maintaining or improving surface and/or groundwater quality.
Property suspected or known to contain contaminants in the soil or
groundwater.
Any real property where the presence of any hazardous
substance or petroleum product indicates an existing release, past release,
or threatened release of a hazardous substance or petroleum product into
the ground, ground water, or surface water of the property.
Source control
. Any structure, device, or design that is used to eliminate or
reduce pollution from a source.
Stormwater Management Manual.
The City of Eugene Stormwater
Management Manual adopted by the city in the manner set forth in EC 2.019,
City Manager – Administrative and Rulemaking Authority and Procedures. .
Stormwater Management Facility.
Any structure or configuration of the
ground that is used or, by its location, becomes a place where stormwater
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ATTACHMENT A
flows or is accumulated, including but not limited to, pipes, sewers, curbs,
gutters, manholes, catch basins, ponds, open drainage ways, runoff
control facilities, wetlands, and their accessories.
Water Quality Design Storm.
A theoretical storm for estimating the amount
of stormwater runoff to be treated. Facilities designed to store and treat a
volume of stormwater shall be sized in accordance with Section 1.5.2 of the
Stormwater Management Manual.
Section 2.
Subsection (2) of Section 9.6420 of the Eugene Code, 1971, is
amended as follows.
9.6420 Parking Area Standards.
(2) Drainage.
All parking areas, except those in conjunction with a single
family or two family dwelling, shall be graded so as not to drain storm
water over the public sidewalk or onto any abutting property. Drainage
improvements shall be provided as required by the stormwater
provisions of EC [9.6510 Stormwater Drainage] 9.6790 to 9.6796.
Section 3.
Section 9.6510 of the Eugene Code, 1971, is repealed.
9.6510Stormwater Drainage
[ . An applicant proposing a new development must
submit documentation to the City showing the stormwater drainage facilities
into which the proposed development will drain. The documentation must
establish that the new development will drain into existing stormwater
drainage facilities that, considering all developments that have received
tentative or final plan approval as of the date the developer submits a
complete application, have the capacity to handle the stormwater drainage
that will be generated by the proposed new development, or, if the applicant
cannot establish that existing stormwater drainage facilities have such
capacity, the applicant must construct storm drainage facilities to
accommodate the stormwater draining from the proposed development. The
applicant must dedicate public easements approved by the city over the
stormwater drainage facilities provided the city makes findings to
demonstrate consistency with constitutional requirements. Stormwater
drainage facilities shall be designed and constructed according to adopted
plans and policies, and in accordance with standards in Chapters 6 and 7 of
this code. The conveyance of ownership or dedication of easements may be
required in any of the following circumstances:
Ordinance - 3
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ATTACHMENT A
(1)
(a) Except for areas on the city’s acknowledged Goal 5
inventory, where the subject property in the proposed
development is or will be periodically subject to accumulations of
surface water or is traversed by any open drainage way,
headwater, stream, creek, wetland, spring, or pond, including
those not maintained by the city which drain onto or from city-
owned property or into city maintained facilities.
(b) For areas on the city’s acknowledged Goal 5 inventory, where the
subject property in the proposed development is or will be
periodically subject to accumulations of surface water or is
traversed by any water course or channel.
(2)
Where necessary to extend public drainage facilities and services to
adjoining undeveloped property.
(3)
To provide necessary drainage from the public right-of-way.]
Section 4
. Sections 9.6790, 9.6791, 9.6792, 9.6793, 9.6794, 9.6795, and
9.6796 are added to the Eugene Code, 1971, to provide:
9.6790 Stormwater Destination.
(1) Purpose.
The purpose of EC 9.6790 is to protect life and property from
flood and drainage hazards by maintaining the capacity of the city’s
stormwater conveyance system through the establishment of
destination regulations for stormwater runoff from development.
(2) Applicability.
Destination standards apply to all development.
(3)Standards.
Stormwater drainage facilities shall be designed and
constructed according to adopted plans and policies, and in accordance
with standards in EC Chapters 6 and 7, and the Stormwater Destination
section of Chapter 1 and all of Chapter 2 of the Stormwater
Management Manual. An applicant proposing a new development must
submit documentation to the city showing the stormwater destination
into which the proposed development will be disposed. The
documentation must establish that the new development will be
disposed of into existing stormwater drainage facilities that, considering
all developments that have received tentative or final plan approval as
of the date the developer submits a complete application, have the
capacity to handle the stormwater runoff that will be generated by the
proposed new development for the flood control design storm, or, if the
applicant cannot establish that existing stormwater drainage facilities
have such capacity, the applicant must construct storm drainage
facilities to accommodate the stormwater draining from the proposed
Ordinance - 4
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ATTACHMENT A
development.
(4)Underground Injecton Control Systems.
iStormwater runoff
disposed of in underground systems is also regulated through the
federal Underground Injection Control (UIC) program under Part C of
the Safe Drinking Water Act (42 U.S.C. § 300, Chapter 6A, Subchapter
XII) and Oregon Administrative Rule Chapter 340, Section 044.
9.6791 Stormwater Pollution Reduction.
(1)Purpose.
The purpose of EC 9.6791 is to reduce the impacts that
urbanization is having on the city’s water quality by providing standards
for the capture and treatment of stormwater runoff from development.
(2)Applicability and Exemptions.
(a) Except as exempt under EC 9.6791(2)(c), the standards in EC
9.6791(3) apply to all land use applications submitted after
[effective date of this ordinance] requesting approval of one or
more of the following:
1. A cluster subdivision - tentative plan (EC 9.8055);
2. A conditional use (EC 9.8090 or 9.8100);
3. A partition - tentative plan that includes the creation or
construction of a street (EC 9.8215 or 9.8220);
4. A planned unit development - tentative plan (EC 9.8320 or
9.8325);
5. Site review (EC 9.8440 or 9.8445);
6. A subdivision tentative plan (EC 9.8515 or 9.8520).
(b) Except as exempt under EC 9.6791(2)(c), the standards in EC
9.6791(3) apply to all applications for development permits
submitted after [effective date of this ordinance].
(c) The standards in EC 9.6791(3) do not apply to:
1. A land use application that will result in the construction or
creation of less than 3,000 square feet of new or replaced
impervious surface at full buildout of the development.
2. A development permit application for any of the following:
a. Development of a lot or parcel included in a land use
application that was determined by the city to comply
with the standards in EC 9.6791(3). For such a
development permit, the approved land use plan shall
control.
b. Development of a lot or parcel that was not included
in a land use application that was determined by the
city to comply with the standards in EC 9.6791(3) and:
(1) Will result in less than 3,000 square feet of new
or replaced impervious surface within a 12
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ATTACHMENT A
month period; or
(2) Is to construct or alter a one or two family
dwelling; or
(3) The replacement of more than 3,000 square
feet of impervious surface for purposes of
maintenance or repair for the continuance of
the current function, providing that as part of
such maintenance and repair the applicant is
replacing less than 50% of the length of the
stormwater drainage system (including pipes,
drainageway catch basins and drywells) on the
development site.
(3)Standards.
(a) Applications shall include pollution reduction facilities selected
from the Stormwater Management Manual as follows:
1. For land use applications listed in EC 9.6791(2)(a) for
undeveloped land, the selected pollution reduction facilities
shall treat all the stormwater runoff from the development
site that will result from the water quality design storm;
2. For land use applications listed in EC 9.6791(2)(a) that
change or add development to an already developed site,
the selected pollution reduction facilities shall treat the
stormwater runoff from all added and replaced impervious
surface that will result from the water quality design storm;
3. For development permit applications, the selected pollution
reduction facilities shall treat all stormwater runoff from all
new or replaced impervious surface, or an equivalent on-site
area, that will result from the water quality design storm.
(b) All pollution reduction facilities shall be sited, designed and
constructed according to the Pollution Reduction section of
Chapter 1 and all of Chapter 2 of the Stormwater Management
Manual. Pollution reduction facilities must be designed using one
of the three methodologies outlined in the Stormwater
Management Manual.
(c) The standards in EC 9.6791(3) may be adjusted pursuant to EC
9.8030(24).
9.6792 Stormwater Flow Control (Headwaters).
(1)Purpose.
The purpose of EC 9.6792 is to protect waterways in the
headwaters area from the erosive affects of increases in stormwater
runoff peak flow rates and volumes resulting from development.
(2)Applicability and Exemptions
.
(a) Except as exempt under EC 9.6792(2)(c), the standards in EC
9.6792(3) apply to all land use applications for development sites
in the headwaters area that drain directly into a headwater stream
Ordinance - 6
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ATTACHMENT A
or drain into a pipe that discharges into a headwater stream that
are submitted after [effective date of this ordinance,] requesting
approval of one or more of the following:
1. A cluster subdivision - tentative plan (EC 9.8055);
2. A conditional use (EC 9.8090 or 9.8100);
3. A partition - tentative plan that includes the creation or
construction of a street (EC 9.8215 or 9.8220);
4. A planned unit development - tentative plan (EC 9.8320 or
9.8325);
5. Site review (EC 9.8440 or 9.8445);
6. A subdivision tentative plan (EC 9.8515 or 9.8520).
(b) Except as exempt under EC 9.6792(2)(c), the standards in EC
9.6792(3) apply to all applications for development permits for
development sites in a headwaters area that drain directly into a
headwater stream or drain into a pipe that discharges into a
headwater stream that are submitted after [effective date of this
ordinance].
(c) The standards in EC 9.6792(3) do not apply to:
1. A land use application that will result in the construction or
creation of less than 3,000 square feet of new or replaced
impervious surface at full buildout of the development.
2. A development permit application for any of the following:
a. Development of a lot or parcel included in a land use
application that was determined by the city to comply
with the standards in EC 9.6792(3). For such a
development permit, the approved land use plan shall
control.
b. Development of a lot or parcel that was not included
in a land use application that was determined by the
city to comply with the standards in EC 9.6792(3)and:
(1) Will result in less than 3,000 square feet of new
or replaced impervious surface within a 12
month period; or
(2) Is to construct or alter a one or two family
dwelling; or
(3) Is for the replacement of more than 3,000
square feet of impervious surface for purposes
of maintenance or repair for the continuance of
the current function, providing that as part of
such maintenance and repair the applicant is
replacing less than 50% of the length of the
stormwater drainage system (including pipes,
drainageway catch basins and drywells) on the
development site.
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ATTACHMENT A
3. Development sites within a drainage basin for which the city
has constructed or approved a project to restore the
receiving waterway, and the entire downstream system has
been designed to accommodate full build-out conditions
within the drainage basin.
(3) Standards.
(a) Applications shall demonstrate, using methodology in the
Stormwater Management Manual, that peak rates of flow
delivered to an existing open waterway at a point above 500 feet
in elevation will not increase during storms larger than the water
quality design storm and smaller than the flood control design
storm as a result of the development that is the subject of the
application;
(b) For purposes of designing the system as required by the
standards in this section, the amount of impervious surface per lot
is assumed to be the maximum lot coverage allowed for the use
in the zone in which it is located, unless the applicant
demonstrates otherwise.
(c) All facilities to control the rate of stormwater runoff shall be sited,
designed and constructed according to the Flow Control section
of Chapter 1 and all of Chapter 2 of the Stormwater Management
Manual. Flow control facilities must be designed using one of the
three methodologies outlined in the Stormwater Management
Manual.
(d) The standards in EC 9.6792(3) may be adjusted pursuant to EC
9.8030(24).
9.6793 Stormwater Oil Control.
(1) Purpose.
The purpose of EC 9.6793 is to protect the city’s stormwater
system from oil and grease from stormwater runoff of impervious
surface areas on properties that produce high concentrations of these
pollutants.
(2)Applicability.
Oil control standards set forth in EC 9.6793(3) apply to:
(a) All new commercial and industrial development with parking lots
that store wrecked or impounded vehicles; or
(b) Any development that would result in an expected daily traffic
count greater than one hundred vehicles per 1,000 square feet of
gross building area, based on the most recent version of The
Institute of Transportation Engineers’ Trip Generation Manual; or
(c) Any development that would result in 100 or more off-street
parking spaces; or
(d) Any commercial or industrial development that receives an
adjustment approving the installation of 125 percent or more of
the minimum off-street parking spaces required by EC 9.6410(3),
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ATTACHMENT A
Minimum Number of Required Off-Street Parking Spaces and that
adjustment will result in, at least, a total of 10 parking spaces.
(3)Standards.
Unless adjusted pursuant to EC 9.8030(24), all oil control
facilities shall be sited, designed and constructed according to the Oil
Control section of Chapter 1 and all of Chapter 2 of the Stormwater
Management Manual.
9.6794 Stormwater Source Controls.
(1)Purpose.
The purpose of EC 9.6794 is to prevent stormwater pollution
by eliminating pathways that may introduce pollutants into stormwater.
(2)Applicability and Exemptions.
Except as exempted below and
except when the source control would duplicate source controls
required by a state or federal permit obtained by the applicant, source
control standards set forth in EC 9.6794(3), apply to all land use
applications, development permits and tenant improvements that result
in any of the defined site uses or characteristics listed in EC
9.6794(2)(a)–(h).
(a) Fuel dispensing facilities and surrounding traffic areas where
vehicles, equipment, or tanks are refueled on the premises. A
fuel dispensing facility is the area where fuel is transferred from
bulk storage tanks to vehicles, equipment, and/or mobile
containers. Exempt from this subsection are:
1. Propane tanks.
2. Fuel dispensing areas generally used to service oversized
equipment, for example cranes, that cannot maneuver under
a roof or canopy.
3. Existing fueling areas where scope of work is limited to a
new canopy installation over an existing fuel pad that is not
being upgraded, an underground tank replacement for
compliance with state regulations, or the replacement of a
fuel pump on an existing fuel pad that is not being upgraded.
(b) Exterior storage of liquid materials, for example chemicals, food
products, waste oils, solvents, process wastewaters, or petroleum
products in aboveground containers, in quantities of 50 gallons or
more, including permanent and temporary storage areas. Exempt
from this subsection are underground storage tanks or
installations requiring a Water Pollution Control Facility (WPCF)
permit and containers with internal protections (such as double-
walled containers).
(c) All facilities that store solid waste. A solid waste storage area is a
place where solid waste containers, including compactors,
dumpsters, and garbage cans, are collectively stored. Solid
waste storage areas include, areas used to collect and store
refuse or recyclable materials collection areas. Exempt from this
subsection are solid waste storage areas for one and two family
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ATTACHMENT A
dwelling and areas used for the temporary storage of wood pallets
or cardboard.
(d) Developments that stockpile or store high-risk or low-risk bulk
materials in outdoor containers, as the terms “high risk” and “low
risk” are defined in Chapter 4 of the Stormwater Management
Manual. Exempt from this subsection are:
1. Materials which have no measurable solubility or mobility in
water and no hazardous, toxic or flammable properties.
2. Materials which exist in a gaseous form at ambient
temperature.
3. Materials, except for pesticides and fertilizers, that are
contained in a manner that prevents contact with
stormwater.
(e) Developments proposing the installation of new material transfer
areas as defined in Chapter 4 of the Stormwater Management
Manual, or structural alterations to existing material transfer
areas, such as access ramp re-grading and leveler installations.
Exempt from this subsection are areas used only for mid-sized to
small-sized passenger vehicles and restricted by lease
agreements or other regulatory requirements to storing,
transporting or using materials that are classified as domestic
use, for example, primary educational facilities (elementary,
middle or high schools), buildings used for temporary storage
and churches.
(f) All development with a designated equipment or vehicle washing
or steam cleaning area, including smaller activity areas such as
wheel-washing stations. Exempt from this subsection are:
1. Washing activity areas generally used to service oversized
equipment than cannot maneuver under a roof or canopy, for
example cranes and sail boats.
2. Evaporation unit installed as part of a wash recycling system
are exempt from the wastewater connection requirement.
3. One and two family dwelling sites.
Development that is intended for the storage of 10 or more fleet
vehicles shall include a designated vehicle washing area.
(g) All development projects that disturb property suspected or known
to contain contaminants in the soil or groundwater.
(h) All development with new covered vehicle parking areas, or
existing parking structures that are being developed. Exempt
from this subsection are single-level canopies, overhangs and
carports.
(3)Standards.
Unless adjusted pursuant to EC 9.8030(24), all source
controls shall be designed and constructed according to Chapter 4 of
the Stormwater Management Manual.
(4) Enforcement
. Failure to construct, operate and maintain source
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controls when a land use application, development permit or tenant
improvement has resulted in a defined site use or characteristic listed in
EC 9.6794(1)(a)-(h) is subject to enforcement in accordance with EC
Chapter 6.
9.6795 Dedication of Stormwater Easements.
(1) Purpose.
The purpose of EC 9.6795 is to ensure that city maintained
stormwater management facilities designed and constructed in
accordance with EC 9.6790-9.6794 and the Stormwater Management
Manual can be accessed by the city for routine and/or emergency
maintenance to protect life and property from flood and drainage
hazards, ensure that water quality is protected, and to ensure that
waterways in the headwaters area are protected from the erosive
effects of runoff.
(2) Applicability.
Stormwater easement standards set forth in EC 9.6790
apply to all land use applications and development permits that result in
the construction of a city maintained stormwater management facility.
(3) Standards.
The applicant must dedicate public easements approved
by the city over city maintained stormwater management facilities
provided the city makes findings to demonstrate consistency with
constitutional requirements. The conveyance of ownership or
dedication of easements may be required in any of the following
circumstances:
(a) Except for areas on the city’s acknowledged Goal 5 inventory,
where the subject property in the proposed development is or will
be periodically subject to accumulations of surface water or is
traversed by any open drainage way, headwater, stream, creek,
wetland, spring, or pond, including those not maintained by the city
which drain onto or from city-owned property or into city maintained
facilities.
(b) For areas on the city’s acknowledged Goal 5 inventory, where the
subject property in the proposed development is or will be
periodically subject to accumulations of surface water or is
traversed by any water course or channel.
(c)Where necessary to extend public drainage facilities and services
to adjoining undeveloped property.
(d) To provide necessary drainage from the public right-of-way.
(e) Where the City has accepted functional maintenance responsibility
for pollution reduction and/or flow control facilities in accordance
with EC 9.6796(4)(b).
9.6796 Stormwater Operation and Maintenance.
(1)Purpose.
The purpose of EC 9.6796 is to ensure that stormwater
management facilities designed and constructed in accordance with EC
9.6790-9.6795 and the Stormwater Management Manual are operated
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and maintained in a manner that protects life and property from flood
and drainage hazards, protects water quality, and protects the
waterways in the headwaters area from the erosive effects of runoff.
(2)Applicability.
Operation and maintenance standards apply to all
facilities designed and constructed in accordance with EC 9.6791
through EC 9.6794 and the Stormwater Management Manual.
(3)Standards.
(a) Unless the city accepts the responsibility to operate and maintain
a stormwater facility, all stormwater management facilities shall
be privately operated and maintained.
(b) All stormwater facilities shall be operated and maintained in
accordance with EC Chapters 6 and 7, and the Stormwater
Management Manual.
(c) Privately maintained facilities. Applications proposing private
operation and maintenance of all or part of the stormwater facility
shall include an Operations and Maintenance Plan in accordance
with Form O & M set forth in Chapter 3 of the Stormwater
Management Manual.
(d) Publicly maintained facilities. Applications proposing city
operation and maintenance of all or part of the stormwater facility
shall include an Operations and Maintenance Agreement in
accordance with the Stormwater Management Facility Agreement
set forth in Chapter 3 of the Stormwater Management Manual.
(4) City Maintenance.
(a) If the conditions of EC 9.6796(4)(b) are satisfied, the city will
accept functional maintenance responsibility of the
following facilities:
1. A facility designed and constructed to provide treatment
solely for runoff from the public right-of-way;
2. A facility designed and constructed to provide treatment
solely for runoff from 4 or more one and two family residential
properties that are not under common ownership;
3. A facility designed and constructed to provide treatment
solely for runoff that is a combination of one and two family
residential properties not under common ownership and the
public right-of-way.
(b) The city will accept functional maintenance responsibility of a
facility listed in EC 9.6796(4)(a) if all of the following conditions
are met:
1. The city has approved the dedication of the easement or
public way to the city the property on which the facility is
located or the city has approved plans allowing the facility to
be placed within the public right-of-way; and
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2. The city has approved plans dedicating the drainage system
conveying runoff from the residential properties to the
stormwater facility as a public drainage system; and
3. The stormwater facility access routes have been located
within a dedicated public easement on private or commonly
held property, within the public right-of-way or on city owned
property; and
4. Sufficient easement area, right-of-way width or property
have been provided to accommodate the construction and
maintenance of all existing and proposed utilities and public
infrastructure; and
5. The facility is designed and constructed in accordance with
the city’s Stormwater Management Manual; and
6. Access to the proposed facility allows maintenance to be
performed using city owned maintenance equipment; and
7. As-construct plans of the drainage system shall be submitted
designating all facilities that are proposed for public
maintenance within 30 days of the city accepting
maintenance responsibilities; and
8. The facility is designed and constructed in compliance with
the city’s Public Improvement Design Standards Manual.
(c) Notwithstanding EC 9.6796(4)(a) and (b), the city will not accept
operation and maintenance responsibility of eco-roofs, roof
gardens, pervious pavement, contained planters, tree credits,
rainwater harvesting or private drywells.
(5)Private Operation and Maintenance.
All privately operated and
maintained stormwater management facilities shall be operated and
maintained in accordance with EC Chapter 6.
Section 5
. Subsection (24) is added to Section 9.8030 of the Eugene Code,
1971, to provide:
9.8030 Adjustment Review - Approval Criteria.
The planning director shall
approve, conditionally approve, or deny an adjustment review application.
Approval or conditional approval shall be based on compliance with the
following applicable criteria.
(24) Stormwater Pollution Reduction, Flow Control, Oil Control and Source
Control Standards Adjustment.
(a) The requirement in EC 9.6791(3)(a)1 and EC 9.6791(3)(a)3 that
selected pollution reduction facilities shall treat all the stormwater
runoff that will result from the water quality design storm may be
adjusted upon a finding that the selected pollution reduction
facility will treat as much of the runoff as possible and one of the
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following applies:
1. The area generating untreated runoff is less than 500 square
feet of impervious surface and is isolated from the pollution
reduction facility;
2. The area generating untreated runoff is less than 500 square
feet of impervious surface and it is not technically feasible to
drain the untreated runoff to the pollution reduction facility;
3. Constructing pollution reduction facilities to treat the runoff
from the area at issue would require removal of trees or
damage to other natural resources; or
4. The area generating untreated runoff is less than 500 square
feet of impervious surface and limited access to the area
would prevent regular maintenance of the pollution reduction
facility.
(b) The requirement in EC 9.6791(3)(b) that all pollution reduction
facilities be selected from and sited, designed, and constructed
according to the Pollution Reduction section of Chapter 1 and all
of Chapter 2 of the Stormwater Management Manual and that
pollution reduction facilities must be designed using one of the
three methodologies outlined in the Stormwater Management
Manual may be adjusted upon finding that all of the following
requirements are met:
1. The proposed alternative design will achieve equal, or
superior, results for function (reducing pollution),
maintainability and safety, and the proposed siting does not
adversely affect structures or other properties.
2. The applicant’s written description of the proposed
alternative design has been reviewed and approved by the
City Engineer. The description of the proposed design
submitted for review must include all of the following
information for each component of the proposed alternative
design:
a. Size, technical description, capacity, capital cost,
design life, construction process and costs,
consequences of improper construction, operation
and maintenance requirements and costs;
b. Data on the effectiveness of proposed alternative
technologies, if available, including data from
laboratory testing and pilot/full-scale operations, and
information regarding the operations of any full-scale
installations;
c. Any other available information about the proposed
design, including peer review articles, scientific or
engineering journals, and approvals from other
jurisdictions.
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3. The applicant has submitted a method and schedule for
monitoring the effectiveness of the proposed design once
constructed, and a schedule for its maintenance.
4. The applicant has submitted a signed statement that the
applicant will replace the alternative pollution reduction
facility if the facility does not function as proposed.
(c) The requirement in EC 9.6792(3)(a) and EC 9.6792(3)(b) may be
adjusted upon a finding that the flow control facility will control flow
rates as much as possible and one of the following applies:
1. The area at issue generating runoff is less than 500 square
feet of impervious surface and is isolated from the flow
control facility;
2. The area at issue generating runoff is less than 500 square
feet of impervious surface and it is not technically feasible to
drain the untreated runoff to the flow control facility;
3. Constructing facilities to control the flow of runoff from the
area at issue would require removal of trees or damage to
other natural resources;
4. The area at issue generating runoff is less than 500 square
feet of impervious surface and limited access to the area
would prevent regular maintenance of the flow control
facility.
(d) The requirements in EC 9.6792(3)(d) that all flow control facilities
be selected from and sited, designed, and constructed according
to the Flow Control section of Chapter 1 and all of Chapter 2 of
the Stormwater Management Manual may be adjusted upon
finding that all of the following requirements are met:
1. The proposed alternative design will achieve equal, or
superior, results for function (maintaining flow or restricting
flow or both), maintainability and safety, and the proposed
siting does not adversely affect structures or other
properties;
2. The applicant’s written description of the proposed
alternative design has been reviewed and approved by the
City Engineer. The description of the proposed design
submitted for review must include all of the following
information for each component of the proposed alternative
design:
a. Size, technical description, capacity, capital cost,
design life, construction process and costs,
consequences of improper construction, operation
and maintenance requirements and costs;
b. Data on the effectiveness of proposed alternative
design, if available, including data from laboratory
testing and pilot/full-scale operations, and information
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regarding the operations of any full-scale installations;
c. Any other available information about the proposed
design, including peer review articles, scientific or
engineering journals, and approvals from other
jurisdictions.
3. The applicant has submitted a method and schedule for
monitoring the effectiveness of the proposed design once
constructed, and a schedule for its maintenance;
4. The applicant has submitted a signed statement that the
applicant will replace the alternative flow control facility if the
facility does not function as proposed.
(e) The requirement in EC 9.6793(3) that oil control facilities be sited,
designed and constructed according to the Oil Control section of
Chapter 1 and all of Chapter 2 of the Stormwater Management
Manual may be adjusted if the applicant can demonstrate that the
selected oil control facility will achieve the same result as those
listed in the Stormwater Management Manual.
(f) The requirement in EC 9.6794(3) that source controls be sited,
designed and constructed according to Chapter 4 of the
Stormwater Management Manual may be adjusted if the applicant
can demonstrate that the selected source control will achieve the
same result as those listed in the Stormwater Management
Manual. Applicants seeking an adjustment to EC 9.6794(3) must
submit completed Discharge Authorization Request (DAR) Form,
located at the end of Chapter 4 of the Stormwater Management
Manual.
Section 6
. Subsection (1) of Section 9.8055 of the Eugene Code, 1971 is
amended as follows:
9.8055 Cluster Subdivision- Approval Criteria - General.
The planning director
shall approve, approve with conditions, or deny a proposed cluster
subdivision. Approval or approval with conditions shall be based on the
following:
(1)
The proposed subdivision complies with:
(a) EC 9.8515 Subdivision, Tentative Plan Approval Criteria- General
except for the standards related to EC 9.2760 Residential Zone
Lot Standards;
(b) EC 9.2750 Residential Zone Development Standards;
(c) EC 9.2000 through 9.3915 regarding lot dimensions, solar
standards, and density requirements for the subject zone;
(d) EC 9.6500 through EC [9.6510] 9.6505 Public Improvement
Standards; [and]
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(e) EC 9.6800 through EC 9.6875 Streets, Alleys, and Other Public
Ways Standards[.]; and
(f) EC 9.6790 through 9.6796 regarding stormwater destination,
pollution reduction, flow control for headwaters area, oil
control, source control, easements, and operation and
maintenance.
The residential lot and development standards may be relaxed based
on compliance with the remainder of the cluster subdivision criteria. An
approved adjustment to a standard pursuant to the provisions beginning
at EC 9.8015 of this land use code constitutes compliance with the
standard.
Section 7
. Subsection (8) of Section 9.8090 of the Eugene Code, 1971, is
amended as follows:
9.8090Conditional Use Permit Approval Criteria - General.
A conditional use
permit shall be granted only if the proposal conforms to all of the following
criteria:
(8)
The proposal complies with all applicable standards, including but not
limited to:
(a) EC 9.2000 through 9.3915 regarding lot dimensions, solar
standards, and density requirements for the subject zone;
(b) EC 9.6500 through EC [9.6510] 9.6505 Public Improvement
Standards; [and]
(c) EC 9.6790 through 9.6796 regarding stormwater destination,
pollution reduction, flow control for headwaters area, oil
control, source control, easements, and operation and
maintenance; and
([c]d) EC 9.6800 through EC 9.6870 Standards for Streets, Alleys, and
other Public Ways;
([d]e) Where the proposal is to establish non-residential uses subject to
residential density requirements on development sites in the
residential zone category, it shall achieve the minimum and
maximum density requirements in accordance with Table 9.2750
Residential Zone Development Standards, unless specifically
exempted elsewhere in this code or granted a modification
through an approved conditional use permit. For purposes of
calculating “net density,” the acreage of land considered shall
include the entire development site and exclude public property,
such as public streets, parks, and other public facilities. In
considering whether to grant a modification to the density
requirements, the hearings official shall evaluate the following
factors:
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1. The availability of the development site for residential use on
August 1, 2001. The term “availability” in this section shall
include consideration of whether the site was already
developed with non-residential uses or had other site
constraints impacting its suitability for residential use.
2. The necessity of the development site to be developed with
residential uses to be able to achieve the minimum
residential density for the area designated on the Metro Plan
Land Use Diagram for either medium- or high-density
residential use.
3. Adopted plan policies indicate the suitability and
appropriateness of the site for non-residential use.
An approved adjustment to a standard pursuant to the provisions
beginning at EC 9.8015 of this land use code constitutes compliance
with the standard. Additional criteria may also be required based on the
applicability of other sections of this land use code.
Section 8
. Subsection (4) of Section 9.8100 of the Eugene Code, 1971 is
amended as follows:
9.8100 Conditional Use Permit Approval Criteria- Needed Housing.
The
hearings official shall approve, conditionally approve, or deny the conditional
use permit application. Unless the applicant elects to use the general criteria
contained in EC 9.8090 Conditional Use Permit Approval Criteria - General,
where the applicant proposes needed housing, as defined by the State
statutes, the hearings official shall approve or approve with conditions a
conditional use based on compliance with the following criteria:
(4)
The proposal complies with all applicable standards, including, but not
limited to:
(a) EC 9.6706 Development in Flood Plains through EC 9.6709
Special Flood Hazard Areas - Standards.
(b) EC 9.6710(6) Geological and Geotechnical Analysis.
(c) EC 9.6730 Pedestrian Circulation On-Site.
(d) EC 9.6735 Public Access Required.
(e) EC 9.6750 Special Setback Standards.
(f) EC 9.6775 Underground Utilities.
(g) EC 9.6780 Vision Clearance Area.
(h) EC 9.6790 through 9.6796 regarding stormwater destination,
pollution reduction, flow control for headwaters area, oil
control, source control, easements, and operation and
maintenance.
([h]i) An approved adjustment to a standard pursuant to the provisions
beginning at EC 9.8015 of this land use code constitutes
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compliance with the standard.
Section 9
. Subsection (1) of Section 9.8215 of the Eugene Code, 1971 is
amended as follows:
9.8215 Partition, Tentative Plan Approval Criteria- General.
The planning
director shall approve, approve with conditions, or deny a partition, with
findings and conclusions. Approval, or approval with conditions, shall be
based on compliance with the following criteria:
(1)
The proposed partition complies with all of the following:
(a) Lot standards of EC 9.2000 through 9.3915 regarding applicable
parcel dimensions and density requirements.
(b) EC 9.6800 through EC 9.6870 Standards for Streets, Alleys, and
Other Public Ways.
(c) EC 9.6500 through EC [9.6510] 9.6505 Public Improvement
Standards.
(d) EC 9.6706 Development in Flood Plains through EC 9.6709
Special Flood Hazard Areas - Standards.
(e) EC 9.6710 Geological and Geotechnical Analysis.
(f) EC 9.6735 Public Access Required.
(g) EC 9.6750 Special Setback Standards.
(h) EC 9.6775 Underground Utilities.
(i) EC 9.6780 Vision Clearance Area.
(j) EC 9.6790 through 9.6796 regarding stormwater destination,
pollution reduction, flow control for headwaters area, oil
control, source control, easements, and operation and
maintenance.
([j]k) All other applicable development standards for features explicitly
included in the application.
([k]l) The applicable adopted plan policies beginning at EC 9.9500.
An approved adjustment to a standard pursuant to the provisions
beginning at EC 9.8015 of this land use code constitutes compliance
with the standard.
Section 10
. Subsection (2) of Section 9.8220 of the Eugene Code, 1971 is
amended as follows:
9.8220 Partition, Tentative Plan Approval Criteria- Needed Housing.
The
planning director shall approve, conditionally approve, or deny the partition
application. Unless the applicant elects to use the general criteria contained
in EC 9.8215 Partition, Tentative Plan Approval Criteria- General, where the
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applicant proposes needed housing, as defined by the State statutes, the
planning director shall approve or approve with conditions a partition based
on compliance with the following criteria:
(2)
The proposed partition complies with all of the following:
(a) Lot standards of EC 9.2000 through 9.3915 regarding applicable
parcel dimensions and density requirements.
(b) EC 9.6800 through EC 9.6870 Standards for Streets, Alleys, and
Other Public Ways.
(c) EC 9.6500 through EC [9.6510] 9.6505 Public Improvement
Standards.
(d) EC 9.6706 Development in Flood Plains through EC 9.6709
Special Flood Hazard Areas - Standards.
(e) EC 9.6710(6) Geological and Geotechnical Analysis.
(f) EC 9.6735 Public Access Required.
(g) EC 9.6750 Special Setback Standards.
(h) EC 9.6775 Underground Utilities.
(i) EC 9.6780 Vision Clearance Area.
(j) EC 9.6790 through 9.6796 regarding stormwater destination,
pollution reduction, flow control for headwaters area, oil
control, source control, easements, and operation and
maintenance.
([j]k) EC 9.6880 through EC 9.6885 Tree Preservation and Removal
Standards.
([k]l) All other applicable development standards for features explicitly
included in the application.
An approved adjustment to a standard pursuant to the provisions
beginning at EC 9.8015 of this land use code constitutes compliance
with the standard.
Section 11
. Subsection (11) of Section 9.8320 of the Eugene Code, 1971 is
amended as follows:
9.8320Tentative Planned Unit Development Approval Criteria- General
. The
hearings official shall approve, approve with conditions, or deny a tentative
PUD application with findings and conclusions. Decisions approving an
application, or approving with conditions shall be based on compliance with
the following criteria:
(11)
The PUD complies with all of the following:
(a) EC 9.2000 through 9.3915 regarding lot dimensions and density
requirements for the subject zone.
(b) EC 9.6500 through EC [9.6510] 9.6505 Public Improvement
Standards.
(c) EC 9.6706 Development in Flood Plains through EC 9.6709
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Special Flood Hazard Areas - Standards.
(d) EC 9.6710 Geological and Geotechnical Analysis.
(e) EC 9.6730 Pedestrian Circulation On-Site.
(f) EC 9.6735 Public Access Required.
(g) EC 9.6750 Special Setback Standards.
(h) EC 9.6775 Underground Utilities.
(i) EC 9.6780 Vision Clearance Area.
(j) EC 9.6790 through 9.6796 regarding stormwater destination,
pollution reduction, flow control for headwaters area, oil
control, source control, easements, and operation and
maintenance.
([j]k) All other applicable development standards for features explicitly
included in the application except where the applicant has shown
that a proposed noncompliance is consistent with the purposes
set out in EC 9.8300 Purpose of Planned Unit Development.
An approved adjustment to a standard pursuant to the provisions
beginning at EC 9.8015 of this land use code constitutes compliance
with the standard.
Section 12
. Subsection (7) of Section 9.8325 of the Eugene Code, 1971 is
amended as follows:
9.8325 Tentative Planned Unit Development Approval Criteria - Needed
Housing.
The hearings official shall approve, conditionally approve, or deny
the PUD application with findings and conclusions. Unless the applicant
elects to use the general criteria contained in EC 9.8320 Tentative Planned
Unit Development Approval Criteria - General, where the applicant proposes
needed housing, as defined by the State statutes, the hearings official shall
approve or approve with conditions a PUD based on compliance with the
following criteria:
(7)
The PUD complies with all of the following:
(a) EC 9.2000 through 9.3915 regarding lot dimensions and density
requirements for the subject zone.
(b) EC 9.6500 through [9.6510] 9.6505 Public Improvement
Standards.
(c) EC 9.6706 Development in Flood Plains through EC 9.6709
Special Flood Hazard Areas - Standards.
(d) EC 9.6710(6) Geological and Geotechnical Analysis.
(e) EC 9.6730 Pedestrian Circulation On-Site.
(f) EC 9.6735 Public Access Required.
(g) EC 9.6750 Special Setback Standards.
(h) EC 9.6775 Underground Utilities.
(i) EC 9.6780 Vision Clearance Area.
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(j) EC 9.6790 through 9.6796 regarding stormwater destination,
pollution reduction, flow control for headwaters area, oil
control, source control, easements, and operation and
maintenance.
An approved adjustment to a standard pursuant to the provisions
beginning at EC 9.8015 of this land use code constitutes compliance
with the standard.
Section 13
. Subsection (5) of Section 9.8440 of the Eugene Code, 1971 is
amended as follows:
9.8440Site Review Approval Criteria-General
. The planning director shall
approve, conditionally approve, or deny the site review application. Approval
or conditional approval shall be based on compliance with the following
criteria:
(5)
The proposal complies with all of the following standards:
(a) EC 9.2000 through 9.3915 regarding lot dimensions and density
requirements for the subject zone.
(b) EC 9.6500 through [9.6510] 9.6505 Public Improvement
Standards.
(c) EC 9.6706 Development in Flood Plains through EC 9.6709
Special Flood Hazard Areas - Standards.
(d) EC 9.6710 Geological and Geotechnical Analysis.
(e) EC 9.6730 Pedestrian Circulation On-Site.
(f) EC 9.6735 Public Access Required.
(g) EC 9.6750 Special Setback Standards.
(h) EC 9.6775 Underground Utilities.
(i) EC 9.6780 Vision Clearance Area.
(j) EC 9.6790 through 9.6796 regarding stormwater destination,
pollution reduction, flow control for headwaters area, oil
control, source control, easements, and operation and
maintenance.
([j]k) All other applicable development standards for features explicitly
included in the application.
An approved adjustment to a standard pursuant to the provisions
beginning at EC 9.8015 of this land use code constitutes compliance
with the standard.
Section 14
. Subsection (4) of Section 9.8445 of the Eugene Code, 1971 is
amended as follows:
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9.8445 Site Review Approval Criteria- Needed Housing.
The planning director
shall approve, conditionally approve, or deny the site review application.
Unless the applicant elects to use the general criteria contained in EC 9.8440
Site Review Approval Criteria - General, where the applicant proposes
needed housing, as defined by the State statutes, the planning director shall
approve or approve with conditions a site review based on compliance with
the following criteria:
(4)
The proposal complies with all of the following standards:
(a) EC 9.2000 through 9.3915 regarding lot dimensions and density
requirements for the subject zone.
(b) EC 9.6500 through [9.6510] 9.6505 Public Improvement
Standards.
(c) EC 9.6706 Development in Flood Plains through EC 9.6709
Special Flood Hazard Areas - Standards.
(d) EC 9.6710 (6) Geological and Geotechnical Analysis.
(e) EC 9.6730 Pedestrian Circulation On-Site.
(f) EC 9.6735 Public Access Required.
(g) EC 9.6750 Special Setback Standards.
(h) EC 9.6775 Underground Utilities.
(i) EC 9.6780 Vision Clearance Area.
(j) EC 9.6790 through 9.6796 regarding stormwater destination,
pollution reduction, flow control for headwaters area, oil
control, source control, easements, and operation and
maintenance.
([j]k) All other applicable development standards for features explicitly
included in the application.
An approved adjustment to a standard pursuant to the provisions
beginning at EC 9.8015 of this land use code constitutes compliance
with the standard.
Section 15
. Subsections (1) and (10) of Section 9.8515 of the Eugene Code,
1971 are amended as follows:
9.8515 Subdivision, Tentative Plan Approval Criteria - General.
The planning
director shall approve, approve with conditions, or deny a proposed
subdivision. Approval, or approval with conditions shall be based on
compliance with the following criteria:
(1)
The proposed subdivision complies with the following:
(a) EC 9.2000 through 9.3915 regarding lot dimensions and density
requirements for the subject zone;
(b) EC 9.6800 through EC 9.6870 Standards for Streets, Alleys, and Other
Public Ways; and
(c) EC 9.6500 through EC [9.6510] 9.6505 Public Improvement Standards.
Ordinance - 23
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ATTACHMENT A
(10)
The proposed subdivision complies with all of the following:
(a) EC 9.6706 Development in Flood Plains through EC 9.6709
Special Flood Hazard Areas - Standards.
(b) EC 9.6710 Geological and Geotechnical Analysis.
(c) EC 9.6730 Pedestrian Circulation On-Site.
(d) EC 9.6735 Public Access Required.
(e) EC 9.6750 Special Setback Standards.
(f) EC 9.6775 Underground Utilities.
(g) EC 9.6780 Vision Clearance Area.
(h) EC 9.6790 through 9.6796 regarding stormwater destination,
pollution reduction, flow control for headwaters area, oil
control, source control, easements, and operation and
maintenance.
([h]i) The proposed subdivision complies with other applicable
development standards for features explicitly included in the
application.
An approved adjustment to a standard pursuant to the provisions
beginning at EC 9.8015 of this land use code constitutes compliance
with the standard.
Section 16
. Subsection (3) of Section 9. 8520 of the Eugene Code, 1971 is
amended as follows:
9.8520 Subdivision, Tentative Plan Approval Criteria- Needed Housing.
The
planning director shall approve, conditionally approve, or deny the
subdivision application. Unless the applicant elects to use the general
criteria contained in EC 9.8515 Subdivision, Tentative Plan Approval Criteria-
General, where the applicant proposes needed housing, as defined by the
State statutes, the planning director shall approve or approve with conditions
a subdivision based on compliance with the following criteria:
(3)
The proposed subdivision complies with all of the following:
(a) EC 9.2000 through 9.3915 regarding lot dimensions and density
requirements for the subject zone.
(b) EC 9.6800 through EC 9.6870 Standards for Streets, Alleys, and
Other Public Ways.
(c) EC 9.6500 through EC [9.6510] 9.6505 Public Improvement
Standards.
(d) EC 9.6706 Development in Flood Plains through EC 9.6709
Special Flood Hazard Areas - Standards.
(e) EC 9.6710(6) Geological and Geotechnical Analysis.
(f) EC 9.6730 Pedestrian Circulation On-Site.
(g) EC 9.6735 Public Access Required.
(h) EC 9.6750 Special Setback Standards.
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ATTACHMENT A
(i) EC 9.6775 Underground Utilities.
(j) EC 9.6780 Vision Clearance Area.
(k) EC 9.6790 through 9.6796 regarding stormwater destination,
pollution reduction, flow control for headwaters area, oil
control, source control, easements, and operation and
maintenance.
An approved adjustment to a standard pursuant to the provisions
beginning at EC 9.8015 of this land use code constitutes compliance
with the standard.
Section 17.
The City Recorder, at the request of, or with the concurrence of the
City Attorney, is authorized to administratively correct any reference errors contained
herein or in other provisions of the Eugene Code, 1971, to the provisions added,
amended, or repealed herein.
Section 18.
Notwithstanding the effective date of ordinances as provided in the
Eugene Charter of 2002, this Ordinance shall become effective 30 days from the date of
its passage by the City Council and approval by the Mayor.
Passed by the City Council this Approved by the Mayor this
___ day of _____________, 2006. ___ day of ____________, 2006.
___________________________ __________________________
City Recorder Mayor
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Exhibit A to Ordinance No. _____
Adoption of Code Amendments:Eugene Code Section 9.8065 requires that the following
criteria be applied to a code amendment:
(1) The amendments are consistent with applicable statewide planning goals adopted by the
Land Conservation and Development Commission.
Goal 1 - Citizen Involvement. To develop a citizen involvement program that insures the
opportunity for citizens to be involved in all phases of the planning process.
The City has acknowledged provisions for citizen involvement that insure the opportunity for citizens
to be involved in all phases of the planning process and set out requirements for such involvement.
The action taken did not amend the citizen involvement program.
Throughout the stormwater development standards drafting process, the City provided numerous
opportunities for citizen involvement. The City initiated the public involvement in 1999 when it
convened a fourteen-member Stormwater Department Advisory Committee (DAC) to provide
feedback to Eugene Public Works on the results of the Stormwater Basin Planning efforts. The 1999
DAC met from February 1999 through June 2000. The result of this long-term planning effort was
called the proposed “stormwater management strategy,” and included a capital project list, waterway
protection measures and stormwater development standards. The 1999 DAC approved, with some
modification, city staff’s proposed stormwater management strategy. This stormwater management
strategy served as the starting point for the Water Quality Implementation DAC Subcommittee (the
2005 DAC).
City staff conducted broader public outreach from October 2000 through May 2001 on the proposed
stormwater management strategy (i.e., capital projects list and proposed stormwater development
standards) to receive further community feedback. This outreach included presentations to 10
neighborhood groups, as well as the Neighborhood Leaders Council, Long Tom Watershed Council,
League of Women Voters, American Society of Landscape Architects and Oregon Landscape
Contractors.
The 2005 DAC was initiated in August 2005. The membership of the 2005 DAC included
representatives of special interests (Chamber of Commerce, Lane County Home Builders
=
Association, Citizens for Public Accountability); technical expertise in architecture, engineering, site
design, land use and the environment; and a neighborhood representative.The Committee met six
times between August and November 2005 to review and provide input on the draft Stormwater
Development Standards ordinance (August 8, August 25, October 3, October 25, October 31 and
November 10).
In an effort to solicit citizen involvement and input, presentations on the proposed Stormwater
Exhibit A to Ordinance No. ___
Findings of Consistency
Development Standards have been made to several interest groups. Power Point presentations have
been given to the Lane County Home Builders Association with members of the Eugene Chamber of
Commerce in attendance (October 4, 2005); American Society of Landscape Architects (October 20,
2005); Friends of Eugene (October 27, 2005); Design Engineers, Surveyors, and Developers
(November 16, 2005) and Neighborhood Leaders Coalition (November 22, 2005). Additionally,
various newsletter articles have been sent to the City Council and posted on the internet.
The City of Eugene’s land use code implements Statewide Planning Goal 1 by requiring that notice of
the proposed amendments be given and public hearings be held prior to adoption. Consideration of
this ordinance will begin with a Eugene Planning Commission work session on January 9, 2006. On
January 10, 2006, a public hearing will be held before the Eugene Planning Commission on the
proposed amendments. Department of Lane Conservation and Development notice, notice to
interested parties and newspaper publication will be provided for that hearing.
The process for adopting this ordinance complies with Goal 1 because it complies with, and
surpasses, the requirements of the State’s citizen involvement provisions.
Goal 2 - Land Use Planning. To establish a land use planning process and policy framework as a
basis for all decisions and actions related to use of land and to assure an adequate factual base for
such decisions and actions.
The Eugene Land Use Code specifies the procedure and criteria that were used in considering these
amendments to the code. The record shows that there is an adequate factual base for the
amendments.
Goal 2 requires that plans be coordinated with the plans of affected governmental units and that
opportunities be provided for review and comment by affected governmental units. The Goal 2
coordination requirement is met when the City engages in an exchange, or invites such an exchange,
between the City and any affected governmental unit and when the City uses the information obtained
in the exchange to balance the needs of the citizens. These amendments do not affect any other
governmental units.
There are no Goal 2 exceptions required for these amendments. Therefore, the amendments are
consistent with Goal 2.
Goal 3 - Agricultural Lands. To preserve and maintain agricultural lands.
The amendments apply to property located within the urban growth boundary and do not affect any
land designated for agricultural use. Therefore, Goal 3 does not apply.
Goal 4 - Forest Lands. To conserve forest lands by maintaining the forest land base and to protect
the state’s forest economy
The amendments apply to property located within the urban growth boundary and do not affect any
Exhibit A to Ordinance No. ___
Findings of Consistency
land designated for forest use. Therefore, Goal 4 does not apply.
Goal 5 - Natural Resources, Scenic and Historic Areas, and Open Spaces. To protect natural
resources and conserve scenic and historic areas and open spaces.
The amendments do not create or amend the City’s list of Goal 5 resources, do not amend a code
provision adopted in order to protect a significant Goal 5 resource or to address specific requirements
of Goal 5, do not allow new uses that could be conflicting uses with a significant Goal 5 resource site
and do not amend the acknowledged urban growth boundary. Therefore, Goal 5 does not apply.
Goal 6 - Air, Water and Land Resources Quality. To maintain and improve the quality of the air,
water and land resources of the state.
Goal 6 addresses waste and process discharges from development, and is aimed at protecting air,
water and land from impacts of those discharges. This goal requires local comprehensive plans and
implementing measures to be consistent with state and federal regulations on matters such as
groundwater pollution.
The proposed amendment to provide Stormwater Development Standards is one component of the
larger Stormwater Program initiated by the Oregon Department of Environmental Quality (DEQ)’s
approval of the City’s National Pollutant Discharge Elimination System (NPDES) permit. The City’s
NPDES Stormwater permit, first issued by DEQ in 1994, and subsequently re-issued in March 2004,
includes measures which in total fulfill the applicable federal Clean Water Act requirements for large
municipalities over 100,000 in population.
The proposed amendments will regulate the location, design, construction, and maintenance of
stormwater facilities that capture and treat stormwater runoff from new development and significant
re-development to reduce impacts that urbanization has on water quality; protect waterways in
headwater areas from the erosive effects of increased stormwater runoff peak flow rates and volumes
resulting from development; restrict the discharge of oil and grease from land uses that produce high
concentrations of these pollutants; and prevent stormwater pollution by eliminating pathways that
may introduce pollutants. These amendments are consistent with the City’s existing measure to
provide for clean air, water and land resources; therefore, these amendments are consistent with Goal
6.
Goal 7 - Areas Subject to Natural Disasters and Hazards. To protect people and property from
natural hazards.
The amendments do not affect the City’s restrictions on development in areas subject to natural
hazards. Further, the amendments do not allow for new development that could result in a natural
hazard. Therefore, Goal 7 does not apply.
Goal 8 - Recreational Needs. To satisfy the recreational needs of the citizens of the state and visitors
and, where appropriate, to provide for the siting of necessary recreational facilities including
destination resorts.
Exhibit A to Ordinance No. ___
Findings of Consistency
The amendments do not affect the Citys provisions for recreation areas, facilities or recreational
=
opportunities. Therefore, Goal 8 does not apply.
Goal 9 - Economic Development. To provide adequate opportunities throughout the state for a
variety of economic activities vital to the health, welfare, and prosperity of Oregons citizens.
=
The amendments do not impact the supply of industrial or commercial lands. Therefore, the
amendments are consistent with Goal 9. The stormwater development standards do not render any
property unusable for commercial or industrial uses. In fact, specific provisions in the stormwater
development standards ensure that the regulations do not have such an effect on a property. Those
provisions are:
1. The pollution reduction and flow control regulations do not apply to: (1) land use applications that
will result in the construction or creation of less than 3,000 square feet of new or replaced impervious
surface at full buildout of the development; (2) development permit applications that will result in less
than 3,000 square feet of new or replaced impervious surface within a 12-month period; (3)
development permit applications to construct or alter one- or two-family dwellings; or, (4)
development permit applications to replace more than 3,000 square feet of impervious surface for
purposes of maintenance or repair for the continuance of the current function, providing that as part
of such maintenance and repair the applicant is replacing less than 50% of the length of the
stormwater drainage system on the development site.
2. An applicant can seek an adjustment to the requirement that the selected pollution reduction
facilities treat all of the stormwater runoff that will result from the water quality design storm if the
selected pollution reduction facility will treat as much of the runoff as possible and one of the
following applies: (1) the area generating untreated runoff is less than 500 square feet of impervious
surface and is isolated from the pollution reduction facility; (2) the area generating untreated runoff is
less than 500 square feet of impervious surface and it is not technically feasible to drain the untreated
runoff to the pollution reduction facility; (3) constructing pollution reduction facilities to treat the
runoff from the area at issue would require removal of trees or damage other natural resources; or,
(4) the area generating untreated runoff is less than 500 square feet of impervious surface and limited
access to the area would prevent regular maintenance of the pollution reduction facility. EC
9.8030(22)(a).
3. An applicant can seek an adjustment to the requirement that all pollution reduction facilities must
be selected, sited and constructed in accordance with the Stormwater Management Manual and that
all facilities must be designed using one of the three methodologies outlined in the Manual if all of the
following requirements are met: (1) the proposed alternative design will achieve equal, or superior,
results for reducing pollution, maintainability and safety and the proposed siting does not adversely
affect structures or other properties; (2) the applicant’s written description of the proposed alternative
design has been reviewed and approved by the City Engineer; (3) the applicant has submitted a
Exhibit A to Ordinance No. ___
Findings of Consistency
method and schedule for monitoring the effectiveness of the proposed design; and, (4) the applicant
has submitted a signed statement that the applicant will replace the alternative facility if the facility
does not function as proposed.
4. An applicant can seek an adjustment to the requirement that the applicant demonstrate that peak
rates of flow delivered to an existing open waterway at a point above 500 feet will not increase during
storms larger than the water quality design storm and smaller than the flood control design storm as a
result of the subject development if the proposed flow control facility will control flow rates as much
as possible and one of the following applies: (1) the area generating untreated runoff is less than 500
square feet of impervious surface and is isolated from the flow control facility; (2) the area generating
runoff is less than 500 square feet of impervious surface and it is not technically feasible to drain the
untreated runoff to the pollution reduction facility; (3) constructing pollution reduction facilities to
treat the runoff from the area at issue would require removal of trees or damage other natural
resources; or, (4) the area generating untreated runoff is less than 500 square feet of impervious
surface and limited access to the area would prevent regular maintenance of the flow control facility.
5. An applicant can seek an adjustment to the requirement that all flow control facilities must be
selected from and sited, designed and constructed according to the Stormwater Management Manual
if all of the following requirements are met: (1) the proposed alternative design will achieve equal, or
superior, results for reducing pollution, maintainability and safety and the proposed siting does not
adversely affect structures or other properties; (2) the applicant’s written description of the proposed
alternative design has been reviewed and approved by the City Engineer; (3) the applicant has
submitted a method and schedule for monitoring the effectiveness of the proposed design; and, (4) the
applicant has submitted a signed statement that the applicant will replace the alternative facility if the
facility does not function as proposed.
6. An applicant can seek an adjustment to the requirement that all oil control facilities be sited,
designed and constructed according to the Stormwater Management Manual if the applicant can
demonstrate that the selected oil control facility will achieve the same result as those listed in the
Manual.
7. An applicant can seek an adjustment to the requirement that all source controls be sited, designed
and constructed according to the Stormwater Management Manual if the applicant can demonstrate
that the selected source control will achieve the same result as those listed in the Manual.
Considering the above-listed provisions in the stormwater development standards, the application of
these regulations to a property zoned and designated for commercial or industrial use does not result
in a diminution in the area’s supply of commercial or industrial land. Therefore, this ordinance is
consistent with Goal 9.
Exhibit A to Ordinance No. ___
Findings of Consistency
Goal 10 - Housing. To provide for the housing needs of citizens of the state.
The amendments do not impact the supply of residential lands. Therefore, the amendments are
consistent with Goal 10. The stormwater development standards do not render any property unusable
for residential uses. In fact, specific provisions in the stormwater development standards ensure that
the regulations do not have such an effect on a property. Those provisions are:
1. The pollution reduction and flow control regulations do not apply to: (1) land use applications that
will result in the construction or creation of less than 3,000 square feet of new or replaced impervious
surface at full buildout of the development; (2) development permit applications that will result in less
than 3,000 square feet of new or replaced impervious surface within a 12-month period; (3)
development permit applications to construct or alter one- or two-family dwellings; or, (4)
development permit applications to replace more than 3,000 square feet of impervious surface for
purposes of maintenance or repair for the continuance of the current function, providing that as part
of such maintenance and repair the applicant is replacing less than 50% of the length of the
stormwater drainage system on the development site.
2. An applicant can seek an adjustment to the requirement that the selected pollution reduction
facilities treat all of the stormwater runoff that will result from the water quality design storm if the
selected pollution reduction facility will treat as much of the runoff as possible and one of the
following applies: (1) the area generating untreated runoff is less than 500 square feet of impervious
surface and is isolated from the pollution reduction facility; (2) the area generating untreated runoff is
less than 500 square feet of impervious surface and it is not technically feasible to drain the untreated
runoff to the pollution reduction facility; (3) constructing pollution reduction facilities to treat the
runoff from the area at issue would require removal of trees or damage other natural resources; or,
(4) the area generating untreated runoff is less than 500 square feet of impervious surface and limited
access to the area would prevent regular maintenance of the pollution reduction facility. EC
9.8030(22)(a).
3. An applicant can seek an adjustment to the requirement that all pollution reduction facilities must
be selected, sited and constructed in accordance with the Stormwater Management Manual and that
all facilities must be designed using one of the three methodologies outlined in the Manual if all of the
following requirements are met: (1) the proposed alternative design will achieve equal, or superior,
results for reducing pollution, maintainability and safety and the proposed siting does not adversely
affect structures or other properties; (2) the applicant’s written description of the proposed alternative
design has been reviewed and approved by the City Engineer; (3) the applicant has submitted a
method and schedule for monitoring the effectiveness of the proposed design; and, (4) the applicant
has submitted a signed statement that the applicant will replace the alternative facility if the facility
does not function as proposed.
4. An applicant can seek an adjustment to the requirement that the applicant demonstrate that peak
rates of flow delivered to an existing open waterway at a point above 500 feet will not increase during
Exhibit A to Ordinance No. ___
Findings of Consistency
storms larger than the water quality design storm and smaller than the flood control design storm as a
result of the subject development if the proposed flow control facility will control flow rates as much
as possible and one of the following applies: (1) the area generating untreated runoff is less than 500
square feet of impervious surface and is isolated from the flow control facility; (2) the area generating
runoff is less than 500 square feet of impervious surface and it is not technically feasible to drain the
untreated runoff to the pollution reduction facility; (3) constructing pollution reduction facilities to
treat the runoff from the area at issue would require removal of trees or damage other natural
resources; or, (4) the area generating untreated runoff is less than 500 square feet of impervious
surface and limited access to the area would prevent regular maintenance of the flow control facility.
5. An applicant can seek an adjustment to the requirement that all flow control facilities must be
selected from and sited, designed and constructed according to the Stormwater Management Manual
if all of the following requirements are met: (1) the proposed alternative design will achieve equal, or
superior, results for reducing pollution, maintainability and safety and the proposed siting does not
adversely affect structures or other properties; (2) the applicant’s written description of the proposed
alternative design has been reviewed and approved by the City Engineer; (3) the applicant has
submitted a method and schedule for monitoring the effectiveness of the proposed design; and, (4) the
applicant has submitted a signed statement that the applicant will replace the alternative facility if the
facility does not function as proposed.
6. An applicant can seek an adjustment to the requirement that all oil control facilities be sited,
designed and constructed according to the Stormwater Management Manual if the applicant can
demonstrate that the selected oil control facility will achieve the same result as those listed in the
Manual.
7. An applicant can seek an adjustment to the requirement that all source controls be sited, designed
and constructed according to the Stormwater Management Manual if the applicant can demonstrate
that the selected source control will achieve the same result as those listed in the Manual.
Considering the above-listed provisions in the stormwater development standards, the application of
these regulations to a property zoned and designated for residential use does not result in a diminution
in the area’s supply of residential land. Therefore, this ordinance is consistent with Goal 10.
Goal 11- Public Facilities and Services. To plan and develop a timely, orderly and efficient
arrangement of public facilities and services to serve as a framework for urban and rural
development.
The Eugene-Springfield metropolitan area has an acknowledged Public Facilities and Services Plan
(PFSP). The PFSP describes the public stormwater facilities necessary to support the land uses
designated in the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) within the urban
growth boundary. These amendments are consistent with the adopted Eugene-Springfield Metro
Area PFSP. Further, these amendments do not affect the City’s provision of any public facilities and
Exhibit A to Ordinance No. ___
Findings of Consistency
services, including stormwater facilities and services. Therefore, Goal 11 does not apply.
Goal 12- Transportation. To provide and encourage a safe, convenient and economic transportation
system.
Goal 12 is implemented through the Transportation Planning Rule (TPR). The Eugene-Springfield
Metropolitan Area Transportation Plan (TransPlan) provides the regional policy framework through
which the TPR is enacted at the local level.
The Transportation Planning Rule (OAR 660-012-0060) states that land use changes that significantly
affect a transportation facility shall require mitigation measures to address the anticipated impacts.
The rule states that:
(1) Amendments to functional plans, acknowledged comprehensive plans, and land use regulations
which significantly affect a transportation facility shall assure that allowed land uses are
consistent with the identified function, capacity, and performance standards (e.g. level of
service, volume to capacity ratio, etc.) of the facility. This shall be accomplished by either:
(a) Limiting allowed land uses to be consistent with the planned function, capacity, and
performance standards of the transportation facility;
(b) Amending the TSP to provide transportation facilities to support the proposed land
uses consistent with the requirements of this division.
(c) Altering land use designations, densities, or design requirements to reduce
demand for automobile travel and meet travel needs through other modes; or
(d) Amending the TSP to modify the planned function, capacity and performance standards,
as needed, to accept greater motor vehicle congestion to promote mixed use, pedestrian-
friendly development where multi modal travel choices are provided.
(2) A plan or land use regulation amendment significantly affects a transportation facility if it:
(a) Changes the functional classification of an existing or planned transportation facility;
(b) Changes standards implementing a functional classification system;
(c) Allows types or levels of land uses that would result in levels of travel or access that are
inconsistent with the functional classification of a transportation facility; or
(d) Would reduce the performance standards of the facility below the minimum acceptable
level identified in the TSP.
Adoption of these amendments will not change the functional classification of an existing or planned
transportation facility. Nor will it change standards implementing a functional classification system.
Further, it will not allow types or levels of land uses which would result in levels of travel or access
which are inconsistent with the functional classification of a transportation facility or reduce the
performance standards of any facility. Therefore, Goal 12 is not implicated by these amendments.
Exhibit A to Ordinance No. ___
Findings of Consistency
Goal 13 - Energy Conservation. To conserve energy.
The amendments do not impact energy conservation. Therefore, Goal 13 does not apply.
Goal 14 - Urbanization. To provide for an orderly and efficient transition from rural to urban land
use.
The amendments do not affect the Citys provisions regarding the transition of land from rural to
=
urban uses. Therefore, Goal 14 does not apply.
Goal 15 - Willamette River Greenway. To protect, conserve, enhance and maintain the natural,
scenic, historical, agricultural, economic and recreational qualities of lands along the Willamette
River as the Willamette River Greenway.
The Willamette River Greenway area within the Eugene Urban Growth Boundary is governed by
existing local provisions that have been acknowledged as complying with Goal 15. Those provisions
are unchanged by these amendments. Therefore, Goal 15 does not apply.
Goals 16 - 19. Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ocean
Resources.
These Statewide Planning Goals do not apply to the actions taken.
(2) The amendments are consistent with applicable provisions of the Metro Plan and applicable
adopted refinement plans.
The proposed code amendments add regulations to the Land Use Code with the intent of protecting
life and property from flood and drainage hazards, reducing the impacts that urbanization is having on
the City’s water quality, protecting waterways in the headwater areas from erosive effects of increases
in stormwater runoff, protecting the City’s stormwater system from oil and grease from stormwater
runoff , and preventing stormwater pollution by eliminating pathways that may introduce pollutants
into stormwater. Generally, the stormwater development standards fall into the following five
categories:
1. EC 9.6790, Stormwater Destination
, applies to all new development and redevelopment and is
intended to protect life and property from flood and drainage hazards by maintaining the capacity of
the City’s stormwater conveyance system through the establishment of destination regulations for
stormwater runoff from development. This provision requires applicants proposing new development
to submit documentation showing the stormwater destination into which the development will be
disposed. The documentation must establish that the existing stormwater drainage facilities into
which the stormwater from the proposed development will dispose has the capacity to handle the
Exhibit A to Ordinance No. ___
Findings of Consistency
stormwater runoff that will be generated by the proposed new development for the flood control
design storm. If the applicant cannot establish that existing stormwater drainage facilities have such
capacity, the applicant must construct new storm drainage facilities to accommodate the stormwater
draining from the proposed development.
2. EC 9.6791, Stormwater Pollution Reduction
, applies to land use applicants requesting approval
of a cluster subdivision, a conditional use, a partition, a planned used development, site review, or a
subdivision tentative plan and is intended to reduce the impacts that urbanization is having on the
City’s water quality by providing standards for the capture and treatment of stormwater runoff from
development. This provision requires that applicants include pollution reduction facilities selected
from the Stormwater Management Manual that treat all of the stormwater runoff from the
development site that will result from the water quality design storm. The pollution reduction
facilities must be sited, designed and constructed according to the Manual and must be designed using
one of the three methodologies outlined in the Manual.
3. EC 9.6792, Stormwater Flow Control
, applies to all land use applications for development sites
in the headwaters area requesting approval of a cluster subdivision, a conditional use, a partition, a
planned used development, site review, or a subdivision tentative plan and is intended to protect
waterways in the headwaters area from the erosive effects of increases in stormwater runoff peak flow
rates and volumes resulting from development. The provision requires that applicants demonstrate,
using methodology in the Stormwater Management Manual, that peak rates of flow delivered to an
existing open waterway at a point above 500 feet in elevation will not increase during storms larger
than the water quality design storm and smaller than the flood control design storm as a result of the
development. The facilities to control the rate of stormwater runoff must be sited, designed and
constructed according to the Manual.
4. EC 9.6793, Stormwater Oil Control
, applies to all new commercial and industrial development
with parking lots that store wrecked vehicles, all development and redevelopment that would result in
an expected daily traffic count greater than 100 vehicles per 1,000 square feet of gross building area,
that would result in 100 or more off-street parking spaces or that receives an adjustment approving
installation of 125 percent or more of the minimum off-street parking spaces and is intended to
protect the City’s stormwater system from oil and grease from stormwater runoff of impervious
surface areas on properties that produce high concentrations of these pollutants. Applicants must
site, design and construct oil control facilities in accordance with the Stormwater Management
Manual.
5. EC 9.6794, Stormwater Source Controls
, applies to fuel dispensing facilities and surrounding
traffic areas where vehicles, equipment, or tanks are refueled on the premises, exterior storage of
liquid materials in quantities of 50 gallons or more, all facilities that store solid waste, developments
that stockpile or store high-risk or low-risk bulk materials in outdoor containers, developments
proposing the installation of new material transfer areas or structural alterations to existing material
transfer areas, all development with a designated equipment or vehicle washing or steam cleaning
Exhibit A to Ordinance No. ___
Findings of Consistency
areas, all development projects that disturb property suspected or known to contain contaminants in
the soil or groundwater, and all development with new covered vehicle parking areas or existing
parking structures that are being redeveloped. This provision is intended to prevent stormwater
pollution by eliminating pathways that may introduce pollutants into stormwater . This provision
requires applicants to design and construct source control measure in accordance with the
Stormwater Management Manual.
?
Metro Plan Policies - The above-described stormwater development standards are consistent with
the following Metro Plan Policies:
Environmental Resources Element:
18. Local governments shall develop plans and programs which carefully manage development on
hillsides and in water bodies, and restrict development in wetlands in order to protect the scenic
quality, surface water and groundwater quality, forest values, vegetation, and wildlife values of
those areas.
21. Local government shall continue to monitor, to plan for, and to enforce applicable air and
water quality standards and shall cooperate in meeting applicable federal, state, and local air and
water quality standards.
25. Eugene shall maintain and improve and Springfield shall adopt hillside development
regulations.
Public Facilities and Services Element Services to Development Within the Urban Growth
-
Boundary: Stormwater
G.13 Improve surface and ground water quality and quantity in the metropolitan area by
developing regulations or instituting programs for stormwater to:
a. Increase public awareness of techniques and practices private individuals can employ to
help correct water quality and quantity problems;
b. Improve management of industrial and commercial operations to reduce negative water
quality and quantity impacts;
c. Regulate site planning for new development and construction to better manage pre- and
post-construction storm runoff, including erosion, velocity, pollutant loading, and drainage;
d. Increase storage and retention and natural infiltration of storm runoff to lower and delay
peak storm flows and to settle out pollutants prior to discharge into regulated waterways;
e. Require on-site contracts and development standards, as practical, to reduce off-site
impacts from stormwater runoff;
f. Use natural and simple mechanical treatment systems to provide treatment for potentially
contaminated runoff waters;
g. Reduce street-related water quality and quantity problems;
Exhibit A to Ordinance No. ___
Findings of Consistency
h. Regulate use and require containment and/or pretreatment of toxic substances;
i. Include containment measures in site review standards to minimize the effects of chemical
and petroleum spills; and
j. Consider impacts to ground water quality in the design and location of dry well.
G.14 Implement changes to stormwater facilities and management practices to reduce the presence
of pollutants regulated under the Clean Water Act and to address the requirements of the
Endangered Species Act.
G.15 Consider wellhead protection areas and surface water supplies when planning stormwater
facilities.
G.16 Manage or enhance waterways and open stormwater systems to reduce water quality impacts
from runoff to improve stormwater conveyance.
G.17 Include measures in local land development regulations that minimize the amount of
impervious surface in new development in a manner that reduces stormwater pollution, reduces the
negative effects from increases in runoff, and is compatible with Metro Plan policies.
?
Refinement Plan Policies: The above-described stormwater development standards are consistent
with following refinement plan policies:
Comprehensive Stormwater Management Plan Policies:
1.1 Incorporate the beneficial functions (flood control, stormwater conveyance, water quality
treatment) of natural resources into the City’s storm drainage system.
1.2 Maintain flood control, drainage, and water quality treatment capacities along the City’s
stormwater conveyance corridors while protecting and enhancing the health, diversity and
continuity for wildlife habitat, native vegetation, and endangered species.
1.4 Amend existing regulations and administrative policies and practices to be consistent with
the goals and policies of the Stormwater Plan.
1.5 Develop new design standards and maintenance practices that meet the multiple objectives
of the Stormwater Plan.
1.8 Evaluate the effectiveness and appropriateness of a variety of surface water management
facilities for meeting the multiple objectives of this plan.
2.1 Meet or exceed federal flood hazard requirements.
Exhibit A to Ordinance No. ___
Findings of Consistency
2.2 Protect adjoining land uses from flood and drainage hazards.
2.3 Maximize the capacity of existing stormwater facilities especially where deficiencies exist by
encouraging the use of techniques that lower and slow the rate of stormwater runoff.
3.1 Meet or exceed federal and state stormwater quality requirements especially where they
conform with existing local policy.
3.3 Reduce stormwater pollution associated with new construction and development, soil
erosion, improper use of stormwater facilities, and city operations and maintenance practices.
3.4 Evaluate the effectiveness of stormwater quality management measures.
4.1 Maintain the stormwater system through techniques and practices that balance flood control,
drainage services, water quality, and natural resource protection needs.
Willakenzie Area Plan Policies,
Public Facilities and Services Element – Natural Drainage:
1 Encourage development practices that reduce the need for construction of an extensive
subsurface storm sewer system.
2. Encourage growth and development patterns that are compatible with natural features and
discourage the alteration of natural features. Relocation of natural drainage features may be
considered as an alternative to replacement with a closed pipe system.
3. Encourage measures that will improve the quality of the storm-water runoff discharge into
local waterways.
(3) The amendment is consistent with EC 9.3020 Criteria for Establishment of an S Special
Area Zone, in the case of establishment of a special area zone.
The proposed amendments do not establish a special area zone. Therefore, this criterion does not
apply to these amendments.
Exhibit A to Ordinance No. ___
Findings of Consistency
ATTACHMENT B
SUMMARY OF DAC RECOMMENDATIONS
June 2000
The Public Works Stormwater Department Advisory Committee Recommendations for Application and
Implementation of New Development Water Quality Design Requirements and the Recommended Maintenance
Strategy
The Stormwater Department Advisory Committee met in 1999 and early 2000. Support for this committee was
provided by the Stormwater Basin Planning Project Team, which consisted of City of Eugene staff members
and persons representing URS Consultants and Lane Council of Governments. In June 2000, the 14-member
DAC’s work was completed. Below is a summary of their recommendations.
Basic Requirements
1.Require capture and treatment for 80% of the average annual runoff volume from new and significant
re-development.
2.Require specific additional water quality best management practices for high pollutant source land uses.
Application of the Water Quality Design Requirements
Apply the proposed standards citywide to all new development and significant redevelopment within Eugene
city limits, except for the following:
1.Single family and duplex dwellings being constructed on existing lots of record previously platted (as of
the effective date of the ordinance adopting the standards),
2.Minor land divisions (less than four lots) for single family and duplex dwellings,
3.New and redeveloped multi-family, commercial, and industrial development with less than 3,000 square
feet of total impervious area at build-out. Note: multi-family development is three or more dwellings on
one lot.
Implementation of the Water Quality Development Standard
1) Specify the Stormwater Design Process. The water quality design standard would be implemented through
the evaluation and development of an overall site strategy based on a hierarchy of BMPs, with site planning
controls as the highest priority and the higher-maintenance structural controls as the lowest priority. If all
BMPs are infeasible or impractical, then an in-lieu-of fee may be allowed.
2) Require that site planning controls be evaluated fully before constructing other allowable approaches. At
the same time, provide flexibility to developers for developing and selecting BMPs based on sound planning
and engineering practices. A system of incentives could be developed that would encourage the use of
certain site planning controls to provide additional water quality benefits, such as:
1.Eliminate the stormwater quality treatment requirement if the developer can use site planning controls to
reduce the total site impervious area percentage to 15% or less.
2.Allow the integration of landscape requirements with stormwater quality treatment requirements.
3.Allow density transfers (due to the resources required, evaluating this incentive as a potential option is a
longer term future work item for the City).
August 2, 2005 1
ATTACHMENT B
Maintenance Strategy
1.The City will maintain approved water quality facilities that are constructed to serve multiple-owner
developments (i.e., multiple-parcel single family residential developments, including:
• swales
• vegetated filter strips
• ponds
• constructed marshes/wetlands
• dry wells
• infiltration trenches
• infiltration basins
• appropriate structural devices for filtering, and
• appropriate structural devices for settling.
The City will conduct inspections, sediment removal, re-grading, and cleaning of inlets/outlets. The private
entity will be responsible for maintaining vegetation and picking up litter and debris.
2.The City will not maintain:
• Water quality facilities that are constructed to serve the following developments under single
ownership or single management associations: apartment complexes, row houses, condominiums,
manufactured home parks, commercial developments, and industrial developments.
3.The City will not maintain the following site-planning controls for any development regardless of land
use:
• pervious pavements
• roof drain disconnects
• eco-roofs
• landscape planters
• xeriscaping/naturescaping.
4.The City will have an inspection and enforcement program for those maintenance activities which are
the responsibility of private development.
5.The City will have a cost recovery program or abatement activities on facilities which are the
responsibility of private development/owners.
August 2, 2005 2
ATTACHMENT C
STORMWATER DEPARTMENT ADVISORY COMMITTEE
MEMBERS & AFFILIATION
Stormwater DAC (February 1999-June 2000)
Monica Anderson Engineering, Architecture
Merle Bottge League of Women Voters
Robert Breeden Lane County Homebuilders Association
Jerry Elliott Engineering, Architecture
Michael Farthing Harlow Neighborhood/Industry
Cynthia Girling Environmental
Brian McCarthy Engineering, Architecture
Bruce Newhouse Environmental
Larry Reed Eugene Chamber of Commerce
Helen Rockett Amazon Neighborhood
Jack Sanders Laurel Hill Neighborhood
Peg Waite Citizens for Public Accountability
Ray Wolfe Friends of Eugene
Alan Wilm Churchill Area Neighbors
Water Quality Implementation DAC Subcommittee (August 2005-October 2005)
Monica Anderson* Engineering, Architecture
Robert Breeden* Lane County Homebuilders Association
Josh Bruce Planner/Environmental
Jerry Elliott* Engineering, Architecture
Michael Farthing* Harlow Neighborhood/Industry
Steve Greenwood Environmental
Joshua Proudfoot Eugene Chamber of Commerce
Alan Wilm* Churchill Area Neighbors
* Members of the 1999-2000 Stormwater DAC
ATTACHMENT D
Exhibit 2-1: Stormwater Management Facility Application Table
Stormwater Credit Given with Associated Design Approach
Management
Pollution Flow Control Destination
Reduction
Facility Type
Eco-roof & roof garden Simplified NA
Simplified
1
Pervious pavement Simplified Performance
Simplified
1
Contained planter Simplified NA
Simplified
1
Tree credit Simplified NA
Simplified
1
Infiltration planter Simplified Presumptive
Simplified 3
1
Flow-through planter Simplified NA
Simplified
1
Vegetated swale Simplified Presumptive
Simplified 3
1
Grassy swale < 15,000 Simplified Presumptive
Simplified 3
1
sq-ft impervious area
Grassy swale > 15,000 Presumptive NA Presumptive
3
sq-ft impervious area
Street swales Simplified Presumptive
Simplified 3
1
Vegetated filter strip Simplified Presumptive
Simplified 3
1
Vegetated infil. basin Simplified Presumptive
Simplified 3
1
Sand filter Simplified Presumptive
Simplified 3
1
Wet pond Presumptive NA NA
Extended wet det. pond Presumptive Presumptive NA
Dry detention pond Presumptive Presumptive NA
4
Treatment wetland Presumptive Presumptive NA
Manufactured Performance NA NA
treatment technology
Structural det. facility NA Presumptive NA
Spill control manhole NA NA
Presumptive
2
Rainwater harvesting Performance Performance NA
Private soakage trench NA Presumptive Presumptive
Public infil. sump NA Presumptive Presumptive
Private drywell NA Presumptive Presumptive
Exhibit 2-1 Notes:
The performance approach may be used to downsize these simplified approach facilities when flow control
1
is not required.
Spill control manholes receive credit for oil removal only; additional pollution reduction facilities will be
2
required to meet basic water quality management.
Surface Infiltration Facility
The design criteria must be used to receive destination credit.
3
Vegetated or grassy swales must be integrated into the bottom of dry detention ponds to receive pollution
4
reduction credit.
ATTACHMENT E
E4 BMP Fact Sheet
Stormwater Development Standards
Responsible Department/Division: BMP Contact:
Public Works / Engineering
Engineering Division Director
BMP Description:
Finalize, implement, and enforce stormwater development standards: regulations for locating,
designing, constructing, and maintaining water quality facilities for new development and
significant re-development. (Note: Stormwater development standards are controls for
postconstruction water quality. Standards for erosion control during construction related to new
development are covered under BMP E2).
Background:
There is a direct link between impervious surfaces associated with stormwater runoff from urban
development and the quality of the City’s surface and ground waters. As properties develop, the
impervious surfaces that are created increase the amount of runoff during rainfall events,
disrupting the natural hydrologic cycle. Without control, these conditions erode stream channels
and limit groundwater recharge. New and expanded parking lots, roadways, and rooftops
increase the pollution levels in stormwater runoff that is transported to streams, rivers, and
groundwater resources. Protecting these waters is vital for a great number of uses, including fish
and wildlife habitat, recreation, and drinking water.
The City’s proposed stormwater development standards will: address future water quality
impacts from new development; address the existing water quality condition through
redevelopment; ensure that sensitive headwater streams are not further impacted from new
development; and address high pollutant land uses and activities. Stormwater development
standards will be implemented by adoption of an ordinance and
associated design manual, establishment of an inspection/enforcement program, identification
and budgeting of necessary resources to implement the new program, training related to the new
requirements, evaluation, and adaptive management.
BMP Activities:
Complete review process with Stormwater Department Advisory Committee, a group of
•
citizens providing feedback on City staff recommendations.
Conduct presentations to stakeholder groups and host an open house to obtain feedback
•
on the proposed standards in advance of the adoption process.
Determine personnel needs to oversee the design review, inspection, enforcement,
•
monitoring and maintenance of water quality facilities.
Review Street Design Standards for consistency with water quality standards; evaluate the
•
need for any revisions to street design standards or related implementation processes.
Finalize the draft stormwater development standards and process for adoption by elected
•
officials by the end of Permit Year Three.
Provide education and training for City staff and the design and development community.
•
Second Annual Report Part II – Evaluation Report
December 2005
Page II-92
ATTACHMENT E
Establish an inspection and enforcement program to ensure compliance with construction,
•
operations and maintenance requirements for water quality facilities.
Implement new stormwater management requirements by the end of Permit Year Three.
•
Develop a method for assessing the effectiveness of the stormwater development
•
standards and associated facilities.
Develop an on-going method for identifying proposed capital projects where water
•
quality standards should be incorporated, and develop a method for incorporating the new
standards.
Review the design manual every three years and update as appropriate, to reflect changing
•
conditions, evolving technology, and lessons learned.
Assessment Methods:
Number of outreach events, including Public Works Stormwater Department Advisory
•
Committee meetings and presentations to special interest groups.
Number of training workshops and workshop attendance.
•
Copy of ordinance and associated design manual to DEQ.
•
Number of private projects incorporating water quality facilities.
•
Number of public projects incorporating water quality facilities.
•
Number of facilities constructed or approved.
•
Number of inspections and maintenance activities performed.
•
Results of water quality monitoring for selected facilities.
•