Skip to main content
Loading…
This section is included in your selections.

In addition to applicable provisions contained elsewhere in this code, the development standards listed in this section shall apply to development in the NR zone, as specifically provided in EC 9.2520 Natural Resource Zone Land Use and Permit Requirements. In cases of conflict, the standards specifically applicable in the NR zone shall apply:

(1) Buffer Enhancements:

(a) Plantings shall be conducted on reduced buffers in conformance with the vegetation removal and planting and replanting standards set forth below and the following:

1. Reduced buffer areas shall be planted only with native trees, shrub and grass or other non-woody species appropriate to increase to the greatest extent practicable the capacity of the area to filter pollutants from stormwater that flows across the buffer area. Where existing native vegetation already serves this function, new plantings shall augment those already existing, unless the applicant can clearly demonstrate to the planning director or decision-maker that additional plantings will not improve the filtering capacity of the buffer area.

2. Plantings shall consist of species native to the southern Willamette Valley from a native plant list approved by the city manager that are appropriate to the site given its topography, hydrology, soil, existing native vegetation and historic native vegetation.

3. Plantings shall not adversely affect adjacent protected wetlands through invasion or other effects.

(b) All refuse, toxic materials and any fill that detracts from the function of the buffer shall be removed.

(c) Where practicable, finished grades shall encourage sheet flow of stormwater runoff across buffer areas to maximize filtering and infiltration of stormwater runoff within buffer areas.

(d) On sites where the slope within the wetland buffer area exceeds 15 percent, measures (e.g., planting and contouring) shall be taken to slow the flow of stormwater runoff to the maximum extent practicable.

(e) Non-native plants shall be removed to the maximum extent practicable and replaced with native species.

(f) Buffer enhancement work shall be completed prior to or concurrent with other site development, unless appropriate native species are not available within that time frame.

(2) Vegetation Removal:

(a) Vegetation removal is limited to removal of:

1. Non-native and invasive plant species included on a list approved by the planning director and kept on file at the city;

2. Dead or dying trees or shrubs that are an imminent danger to public health and safety as determined by the planning director or decision-maker. Removal shall only be authorized after all other reasonable alternatives have been examined and proven impractical, and the removal is the minimum necessary to meet the objectives of the proposed use;

3. Dead or dried native plants or grasses only when they constitute an imminent fire hazard, as determined by the fire marshal;

4. Native vegetation to facilitate or encourage the growth of other native species as called for in adopted plans or policies.

(b) For areas not included on the city’s acknowledged Goal 5 inventory, removal of vegetation shall be the minimum necessary for the proposed use and shall avoid removal of native vegetation to the extent practicable. For areas included on the city’s acknowledged Goal 5 inventory, removal of vegetation shall be the minimum area of native vegetation necessary for approved uses or conditional uses or uses allowed by an exception as specified in sections 9.4760 and 9.4850.

(c) Clearing of more than 0.1 contiguous acre of vegetation on slopes greater than 5 percent must be either:

1. Conducted between April 15 and October 15 of the same year, or

2. Preceded by approval of an erosion and sedimentation control plan by the planning director, which must be implemented throughout the clearing process.

(d) Clearing of vegetation that is not in preparation for development must be followed by replanting in accordance with the requirements of this section.

(e) Removal or destruction of rare, threatened or endangered plant species is restricted (see prohibited practices provisions of the NR zone, /WB Wetland Buffer overlay zone and /WP Waterside Protection overlay zone.)

(f) For areas not included on the city’s acknowledged Goal 5 inventory, the provisions of EC 6.815 Obnoxious Vegetation – Definitions, Prohibitions, Abatement through EC 6.845 Obnoxious Vegetation – Enforcement and Discharge of Duties do not apply to the provisions of this section, with regard to the removal of vegetation and mowing.

(3) Planting and Replanting:

(a) Replanting of areas cleared of existing vegetation must be completed within 90 days following the removal or clearing, unless otherwise approved by the planning director or decision-maker.

(b) Planting and replanting with seed shall be timed so that germination occurs prior to November 15, unless the germination requirements of the seed require otherwise, in which case germination shall be accomplished at the earliest date practicable.

(c) Planting and replanting shall be done with native species from a list approved by the planning director and kept on file at the city.

(4) Stormwater Drainage:

(a) Runoff from impervious areas on the site that accommodate motorized vehicle traffic or machinery may only be discharged into areas with the /WB or /WP overlay zone, or protected wetlands or waterways, which includes those designated for protection in a locally adopted plan, if runoff is treated to improve water quality prior to discharge by removing pollutants washed from impervious surfaces. Treatment may include infiltration devices, grassy swales, treatment ponds, or other methods. The type of treatment and degree of water quality improvement provided shall be approved by the city manager or decision-maker.

(b) Runoff from impervious areas used for repair, cleaning, refueling or servicing of vehicles or machinery may only be discharged into areas with the /WB or /WP overlay zone, or protected wetlands or waterways, which includes those designated for protection in a locally adopted plan, if runoff is treated on site to remove oil, grease and other environmentally hazardous chemicals to the maximum extent practicable prior to discharge. The type of treatment and degree of water quality improvement shall be approved by the city manager or decision-maker.

(c) To the maximum extent practicable, new development shall utilize measures to limit post-construction runoff rate, timing and volume for 2, 5, and 10 year storm events to pre-development levels for discharges into areas with the /WB or /WP overlay zone, or protected wetlands or waterways, which includes those designated for protection in a locally adopted plan. These measures may include on-site detention or retention ponds, infiltration areas or other measures approved by the city manager or decision-maker.

(d) Porous paving treatments or other infiltration devices approved by the planning director or decision-maker shall be used where practicable. As used herein, the term "porous paving" refers to recognized systems utilizing paving blocks (e.g., "grasscrete"). For the purposes of this provision, gravel surfaces are not acceptable.

(5) Impervious Surfaces:

(a) Impervious surfaces are prohibited unless they are part of a permitted use or approved conditional use.

(b) Impervious surfaces that are part of a permitted use or approved conditional use shall be no larger than the minimum necessary for the proposed use and shall be located as far from wetlands and water features as practicable.

(6) Construction Practices:

(a) Within the NR zone and areas with the /WB overlay zone, construction or other use of heavy machinery is prohibited or restricted as described in this subsection. Use of heavy machinery is prohibited:

1. Between February 20 and June 30 of the same year within 300 feet of any significant waterfowl nesting areas identified in adopted plans or policies or by the Oregon Department of Fish and Wildlife.

2. Between May 1 and August 30 of the same year within 300 feet of any significant shorebird and wading bird nesting areas identified in adopted plans or policies or by the Oregon Department of Fish and Wildlife.

For purposes of this subsection, heavy machinery is defined as motorized or mechanized machinery or equipment capable of deliberately or inadvertently damaging vegetation, compacting soil, moving earth or causing excessive noise or heavy vibrations through its use.

(b) Stockpiles or storage of wood or building materials or machinery are prohibited within wetland boundaries, areas with the /WB and /WP overlay zones.

(c) Petroleum products, chemicals, sediment, eroded soil or other deleterious materials used in the construction process shall not be allowed to enter the water or wetland during construction.

(d) Use of heavy equipment or machinery shall be the minimum necessary for the use or activity and shall be restricted to those areas where its use is necessary.

(7) Landform Character. Grading and excavating conducted as part of restoration or enhancement projects, and bank and channel reconfiguration shall result in topography that resembles the natural undulations, meanders and slopes found in landscapes shaped only by natural processes. For purposes of this standard, straight lines and geometric or angular shapes are not acceptable. Channel and stream bank slopes shall not exceed 25 percent.

(8) Filling, Grading and Excavating. These activities shall occur between April 15 and October 15 of the same year, unless the planning director or decision-maker authorizes an exception based on dry weather conditions or overriding public need. Exceptions granted due to overriding public need shall require approval of an erosion and sedimentation control plan by the city manager prior to commencement of earth moving activities, and this plan must be implemented throughout the activity.

(9) Disposal Sites. Waste materials, brush and spoils from clean-up operations or excavation shall be placed outside wetland boundaries, areas with the /WB overlay zone and other natural areas designated for protection in an adopted plan or policy.

(10) Structure Color:

(a) Within the NR zone and within areas with the /WB overlay zone, all finished structures shall be in natural earth tone colors, unless otherwise required by local, state or federal law or regulation.

(b) Within areas with the /WP overlay zone, all finished structures or building facades that face a class A or B stream or pond shall be in natural earth tone colors, unless otherwise required by local, state or federal law or regulation.

(11) Boardwalks, Viewing Platforms, Interpretive Information Kiosks, Trail and Interpretive Signs. These structures shall be constructed in a manner that involves the least removal of native vegetation practicable. Signs shall be no more than 5 feet tall, and 16 square feet per face in surface area, except for signs intended to be read from moving automobiles, such as site entrance signs, which shall be no more than 8 feet tall and 32 square feet per face in surface area. Kiosks shall be no more than 8 feet tall and 16 square feet per face in surface area.

(12) Trails. Trails shall be constructed of gravel, wood chips or soil, unless otherwise approved by the city manager or decision-maker. Trail construction shall involve the least removal of native vegetation practicable for the area and the minimum amount of fill or excavation practicable.

(13) Building Height. Building height is limited to 30 feet or the height limit of the base zone, whichever is less. If there is no specified height limit in the base zone, building height is limited to 30 feet.

(14) Stream and Channel Crossings. Bridges or other structures that cross water features shall be constructed so that water flow, vegetation growth and movement of aquatic animals and water dependent wildlife are impeded to the least extent practicable. To meet this standard, bridges and crossings shall include, but are not limited to, applicable items from the following list:

(a) Crossings shall utilize bridges or natural substrate culverts where possible.

(b) Culverts shall not substantially increase or decrease water depth or flow rate conditions.

(c) Bridges and culverts shall be constructed so that there is at least 3 feet of clearance between the ordinary high water mark and the underside of the bridge or culvert.

(d) The lower lip of any culvert shall meet the stream or channel bed at grade.

(e) Culverts shall be the minimum length practicable.

(15) Lighting. Area lighting shall be aimed away from resource areas where possible, and otherwise must be aimed such that light shining on natural resource areas is minimized to the maximum extent practicable. Area lighting is outdoor lighting designed to illuminate an activity area, trail or bicycle path, and shall also comply with EC 9.4830.

(16) Public Access. Access for the general public shall be consistent with adopted policies or plans that address public access on specific sites.

(17) Location of Structures. To the maximum extent practicable, new buildings, roads and other new impervious surfaces associated with interpretive centers or wetland maintenance facilities shall be located outside boundaries of wetlands identified for protection in adopted plans and policies.

(18) Mitigation Site Buffers. When low value wetland sites within the NR zone are restored or enhanced for mitigation credit, a 25 foot buffer shall be maintained around the perimeter of the mitigation area, but within the jurisdictional wetland boundary. All provisions for permitted uses, conditionally permitted uses, prohibited practices and applicable special standards that apply to /WB wetland buffer, as specified in EC 9.4800 through EC 9.4860 shall apply to mitigation site buffers.

(19) Site Layout. High activity areas, including traffic lanes, loading docks, and group gathering areas shall be located as far away from wetlands, water features and other protected natural areas as is practicable.

(20) Noise. For inventoried sites that received a Wildlife Habitat Rating of greater than 60 in the Metropolitan Natural Resources Inventory (Lev, 1990) and sites designated as high value wetlands in the wetland buffer provisions of this code, noise generated by uses within the NR zone and the wetland buffer overlay zone (as measured at the wetland boundary) and within the waterside protection overlay zone (as measured at the top of the high bank) shall not exceed the following standards:

(a) Maximum sound emissions shall not exceed equivalent sound pressure levels in decibels, A-Weighted Scale, for any one hour as stipulated in subsection (b) of this section. Equivalent sound pressure level (Leq) is a measure of the sound level for any one hour. It is the energy average of all the various sounds emitted from the source during the hour. A-Weighted Scale is used to adjust sound measurements to simulate the sensitivity of the human ear.

(b) Maximum one-hour equivalent sound pressure levels:

A-Weighted (dBa) Receiving Property Residential Broad Zone Category

Time of Day

Level

7 am – 10 pm 57

57

10 pm – 7 am 50

50

(c) Noises of short duration. For noises of short duration or impulsive character, such as hammering, maximum one-hour sound pressure levels permitted beyond the property of origin shall be seven decibels less than those listed in subsection (b).

(d) Noises of unusual periodic character. For noises of unusual periodic character, such as humming, screeching, and pure tones, the following median octave band sound pressure levels, as required by the Department of Environmental Quality, shall not be exceeded beyond the property of origin when the receiving property is in the NR zone:

Median Octave Band Sound Pressure Levels

Octave Band Center

Frequency, Hz

7am-10pm

10pm-7am

31.5

68

65

63

65

62

125

61

56

250

55

50

500

52

46

1,000

49

43

2,000

46

40

4,000

43

37

8,000

40

34

(e) Exemptions. Local noise standards set forth in this section do not apply to the following situations:

1. Emergency equipment operated on an irregular or unscheduled basis.

2. Warning devices operated continuously for no more than 5 minutes.

3. Railroad equipment when subject to federal or state regulations.

4. Bells, chimes, or carillons.

5. Non-electronically amplified sounds at sporting, amusement, and entertainment events.

6. Construction site sounds, except that they shall be confined to 7 a.m. through 7 p.m.

7. Lawn and plant care machinery fitted with correctly functioning sound suppression equipment and operated between 7 a.m. and 9 p.m.

8. Aircraft when subject to federal or state regulations.

9. Agricultural equipment operated between 7 a.m. and 7 p.m.

(f) Exceptions. Upon written application from the owner or operator of an employment and industrial or commercial noise source, the city manager or the manager’s designee may authorize or conditionally authorize exceptions to local noise emission standards in the following situations:

1. Infrequent noise.

2. Noise levels at or anywhere beyond the property lines of the property of origin when exceeded by an exempt noise, as listed in subsection (d) above, in the same location.

3. Noise levels on property owned or controlled by the person generating the noise.

4. If after applying reasonably available control technology, a use existing as of January 27, 1982, is unable to conform to the standards established by this section.

Exception applications shall be filed at the city’s permit and information center on a form prescribed by the city manager, and shall be accompanied by a fee as established by the city manager pursuant to EC 2.020 City Manager – Authority to Set Fees and Charges.

(Section 9.2530, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20528, enacted May 14, 2014, effective June 23, 2014.)