9.4830 /WB Wetland Buffer Overlay Zone Land Use and Permit Requirements.
Within the /WB overlay zone, there are 2 categories of uses: those allowed by the base zone or special area zone outside of the /WB area, and a more restrictive list of uses allowed within the /WB area.
(1) Outside /WB Areas. The uses permitted in this overlay zone are the same as those permitted in the base zone or special area zone.
(2) Within /WB Areas:
(a) Uses Permitted Outright. The following uses are permitted within /WB areas, subject to the provisions in EC 9.4840 Prohibited Practices:
1. Removal of refuse and any fill that is in violation of local, state or federal regulations. Removal of fill must be consistent with State of Oregon Removal-Fill regulations.
2. Removal of non-native or invasive plant species included on a list approved by the planning director and kept on file at the city.
3. Replanting with native plant species included on a list approved by the planning director and kept on file at the city.
4. Channel maintenance to maintain stormwater conveyance and flood control capacity as required by local policies, state and federal regulations, and intergovernmental agreements.
5. Maintenance of existing utility easements to maintain access and promote safety, as required by local policies, state and federal regulations, and intergovernmental agreements.
(b) Uses Permitted Subject to Site Review. The uses listed in this subsection are permitted within areas, subject to the provisions in EC 9.4840 Prohibited Practices, and, except as provided in subparagraph 7., site review approval based on compliance with the EC 9.2530 Natural Resource Zone Development Standards listed with each use. Where required, site review approval shall be secured prior to submission of an application for a development permit for development within the /WB overlay zone. Uses permitted within /WB areas subject to site review are:
1. Wetland or riparian area enhancement, restoration or creation activities that are consistent with adopted plans and policies, including:
a. Construction of stormwater quality treatment facilities that do not include adding impervious surfaces, and that use biofiltration methods, such as shallow grassy swales, constructed wetlands, or ponds. Subject to EC 9.2530 Natural Resource Zone Development Standards (2) through (9).
b. Impervious surfaces or topographic changes. Subject to EC 9.2530 Natural Resource Zone Development Standards (2) through (9).
2. Construction of trails and pathways, boardwalks, viewing platforms, interpretive information kiosks and trail signs. Subject to EC 9.2530 Natural Resource Zone Development Standards (2) through (13) and (15) through (18).
3. Restoration and enhancement of natural functions and values that involve displacement, excavation or relocation of more than 50 cubic yards of earth and carries out the objectives of this overlay zone, including realignment and reconfiguration of channels and pond banks, but not including deliberate creation of new wetlands or restoration of former wetlands. Subject to EC 9.2530 Natural Resource Zone Development Standards (2) through (9).
4. Construction of stormwater treatment facilities that use biofiltration methods, such as shallow grassy swales, constructed wetlands, and ponds. Subject to EC 9.2530 Natural Resource Zone Development Standards (2) through (9).
5. Construction of access roads for maintenance of channels, wetlands and other natural resource areas. Subject to EC 9.2530 Natural Resource Zone Development Standards (2) through (6), (8), (9) and (16).
6. Bikeways and other paved pathways. Subject to EC 9.2530 Natural Resource Zone Development Standards (2), (5), (6), (8), (9), and(15) through (17).
7. Wetland, stream and riparian enhancement and restoration within the /WB overlay zone shall be exempt from the site review requirements of this subsection (2)(b) if the proposed activity is authorized:
a. Under a Mitigation Improvement Plan approved by the Oregon Department of State Lands, and if required, the U. S. Army Corps of Engineers;
b. Under a wetland restoration permit or wetland enhancement permit approved by the Oregon Department of State Lands, and if required, the U. S. Army Corps of Engineers; or
c. By a “Finding of No Significant Impact” or a “Record of Decision” under the federal National Environmental Policy Act (NEPA).
(c) Uses Permitted Conditionally. The following uses are permitted conditionally in the /WB overlay zone:
1. Nature interpretive centers, when specified in or consistent with adopted plans or policies.
2. Maintenance facilities for storage of equipment and materials used exclusively for maintenance and management of wetlands and natural areas.
Conditional use permit approval shall be based upon conformance with EC 9.2530 Natural Resource Zone Development Standards (2) through (19) in addition to the conditional use criteria contained in EC 9.8090 Conditional Use Permit Approval Criteria – General/Discretionary.
(d) Review process. For areas on the city’s acknowledged Goal 5 inventory, all development proposed within the wetland buffer sub-district shall be reviewed in accordance with Type II procedures except when the applicant can clearly show that proposed development will occur completely outside of the largest applicable wetland buffer area. This site plan approval shall be based upon conformance with the Natural Resource Zone Development Standards at EC 9.2530.