9.4786 /WQ Water Quality Overlay Zone – Map Correction/Removal of Overlay Zone.
Consistent with the application requirements at EC 9.7010, proposals to correct the Water Quality Waterways Map shall be subject to the procedures and criteria in this section. When considering an application to remove the /WQ Water Quality Overlay Zone from a specific lot, the provisions of this section apply instead of the zone change procedures and criteria described at EC 9.8850 through 9.8865.
(1) Application Requirements. Except as provided in EC 9.8005(2), the application shall be processed under the Type II application procedure (EC 9.7200 – 9.7230).
(a) If an error on the Water Quality Waterways Map is alleged, the application shall:
1. Identify the waterway or /WQ Management Area alleged to have been incorrectly mapped;
2. Identify the tax lots and a description of any right-of-way alleged to have been incorrectly included in the /WQ Management Area; and
3. Include a description of the alleged error, the basis of the error, including evidence such as a land survey, ortho-photo and topographic information, and the proposed correction;
(b) If the application proposes to remove the /WQ Water Quality Overlay Zone from a lot or parcel due to a partition, subdivision or property line adjustment that results in a new or reconfigured lot onto which the /WQ Management Area does not extend, the application shall:
1. Include a copy of the proposed or recorded plat for such partition, subdivision or, for a property line adjustment, a copy of the recorded deed and approved map; and
2. Identify the waterway or /WQ Management Area that is located on the parent lot.
(2) Approval Criteria. Approval shall be based on consideration of the procedures for mapping described in EC 9.4778(1), the administrative rule referenced therein, and compliance with the following criteria:
(a) For an allegation of error on the Water Quality Waterways Map, the evidence submitted demonstrates that:
1. The waterway does not have a discernable streambed and side banks;
2. The waterway does not carry water at least part of the year;
3. The waterway only provides a drainage function for surface runoff from a roadway;
4. The waterway is a ponded area with no inlet or outlet drainage feature;
5. The waterway location or alignment is incorrect; or
6. The /WQ Management Area as depicted on the map extends beyond the applicable 25 foot or 40 foot setback as described in EC 9.4778(1);
(b) For removal of the /WQ Overlay Zone that is proposed due to a partition, subdivision or property line adjustment:
1. The newly created lot does not include any portion of a /WQ Management Area; and
2. In cases where the lot has not yet been recorded, removal of the /WQ Overlay Zone shall be conditioned upon recordation.
(3) Update of the Water Quality Waterways Map and the Eugene Overlay Zone Map. If the Type II process described above results in the approval of a correction to the Water Quality Waterways Map, the planning director shall update that Map to reflect the correction. If the correction results in the complete removal or relocation of the /WQ Management Area from a lot under (2)(a) or a determination that the /WQ Overlay Zone should be removed or relocated from a lot under (2)(b), the planning director shall update the Eugene Overlay Zone Map to reflect the determination.