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Uses are permitted or prohibited within the /WR Resources Conservation Overlay Zone based on whether they occur inside or outside the /WR Conservation Area as defined in EC 9.4920, as follows:

(1) Uses Permitted Outside the /WR Conservation Area. The uses permitted on portions of properties located outside of the /WR conservation area are the same as those otherwise permitted without consideration of the /WR Water Resources Conservation Overlay Zone.

(2) Uses Permitted Within the /WR Conservation Area. Subject to subsections (3) and (4) and any applicable development permits, the following uses are permitted within the /WR conservation area:

(a) Removal of refuse.

(b) Removal of any fill that is in response to a written determination from a regulating agency that the fill is in violation of local, state or federal regulations.

(c) Removal of plants that are non-native and invasive, provided that any significant tree within 25 feet of a Category B, C or D stream that is removed under this subsection must be replaced within 6 months by a native tree that will grow to similar (or greater) size, height and canopy spread as the one removed. Trees with large canopy spread or height may be replaced by multiple trees that, in combination, will provide similar height and canopy spread.

(d) Planting or replanting with native plants.

(e) Maintenance of access roads or pathways and channel maintenance practices used to maintain stormwater conveyance and flood control capacity as required by local policies, local, state and federal regulations, and intergovernmental agreements.

(f) A public entity’s removal of vegetation by mechanical or manual means within a strip not to exceed 15 feet wide from publicly owned property within the /WR conservation area where that property abuts private property that is not within a /WR conservation area.

(g) Repair or replacement of a privately-owned, culverted stream crossing within the same total footprint as the original culvert and crossing.

(h) Construction of low impact trails with no impervious surface, not to exceed 3 feet in width.

(i) Planting or removal of plants within an area that, prior to November 14, 2005, was cleared of native vegetation and intentionally planted with ornamental landscape plants. Expansion of the landscaped area through additional clearing of naturally established native plants within the /WR conservation area is prohibited.

(j) Removal of vegetation that the city fire marshal has declared poses a potential fire hazard to existing structures. Written documentation of the fire marshal’s declaration, including a description of the location of the structure and the location of the vegetation to be removed, shall be provided to the planning director prior to the removal. The removal shall be limited to the extent specified by the fire marshal’s declaration.

(k) Removal of hazardous tree(s), so long as prior to removal the property owner submits to the planning director a written evaluation of each tree proposed for removal prepared by a certified arborist declaring the tree(s) to be hazardous and recommending immediate removal. The written evaluation shall be on a form prescribed by the city manager pursuant to section 2.019 City Manager – Administrative and Rulemaking Authority and Procedures.

(l) Removal of trees or shrubs that are neither native plants nor non-native, invasive plants, provided that each tree and shrub over 5 feet in height that is removed within 25 feet of a Category B, C or D stream is replaced within 6 months by a native tree or shrub. Replacement of a tree must be with a tree that will grow to similar (or greater), size, height and canopy spread as the one removed. Trees with large canopy spread or height may be replaced by multiple trees that, in combination, will provide similar height and canopy spread.

(m) Construction of a stream crossing with a culvert or bridge for a private access road over a Category E stream, where no other point of access to an adjacent street or road is available.

(n) Maintenance, repair, and reconstruction of utility facilities existing as of November 14, 2005 where such action will involve excavation or ground disturbance within the conservation area of 500 square feet or less, and where such action is necessary to maintain access, maintain or improve safety, maintain proper functioning or is required by local policies, local, state or federal regulations, or intergovernmental agreements. See subsection (3)(d) of this section for maintenance, repair and reconstruction activities that are subject to the standards review process.

(o) Emergency repair of a failing slope or eroding channel bank, provided that, within one week of commencing the repair work, the owner of the subject property submits to the planning director a written evaluation of the bank failure prepared by a certified engineer that includes:

1. A description of the location, extent and probable cause of the slope or bank failure,

2. A determination that the slope or bank failure constitutes an emergency and threatens public safety or the structural integrity of an adjacent or downstream legally constructed structure,

3. A declaration that immediate repair of the slope or bank failure is necessary to protect public safety or the structural integrity of structure(s) described under subsection 2.

4. A statement that the method of repair will minimize impacts to riparian and in-stream habitat to the greatest extent practicable.

Consistency with the provisions of this subsection do not exempt the property owner from state or federal laws or regulations that protect wetlands, waterways or other natural resources.

(3) Uses Subject to Standards Review Within /WR Conservation Areas. Except as prohibited by subsection (4), or as excepted under subsection (5), within /WR conservation areas, the following uses are permitted, subject to the standards review process beginning with EC 9.8460 in which consistency with the specific standards referenced for each use below shall be used as the criteria for approval.

(a) Realignment and reconfiguration of channels and pond banks. Subject to EC 9.4980 /WR Water Resources Conservation Overlay Zone Development Standards (2) through (5).

(b) Construction of public improvements (including but not limited to streets, bridges, paved bikeways and pedestrian paths, and public utilities) required by this land use code or specified in adopted plans. Subject to EC 9.4980 /WR Water Resources Conservation Overlay Zone Development Standards (1) through (11).

(c) Construction of public access facilities and information and interpretation facilities on public lands where it is demonstrated that public access must be controlled in order to protect the resource. Subject to EC 9.4980 /WR Water Resources Conservation Overlay Zone Development Standards (1) through (11).

(d) Maintenance, repair, and reconstruction of utility facilities existing as of November 14, 2005 within /WR conservation areas of Category A, B, C, or D streams or Category A, B, or C wetlands, where such action will involve excavation or ground disturbance within the /WR conservation area of more than 500 square feet, and where the footprint of above – ground facilities will not be expanded. For purposes of this subsection, agencies or entities that manage and maintain utility facilities may make application for individual actions or may submit an application for approval of a maintenance, repair and reconstruction program, such that all activities consistent with the approved program would be deemed consistent with this subsection, and applications for individual actions would not be required. Subject to EC 9.4980 /WR Water Resources Conservation Overlay Zone Development Standards (2) through (5) and to the following additional standards:

1. The action is necessary in order to maintain access, maintain or improve safety, maintain proper functioning, or is required by local policies, local, state or federal regulations, or intergovernmental agreements.

2. Excavated areas shall be backfilled to the previous grade with existing native soil used for the uppermost 3 feet of backfill whenever possible and in no case less than the uppermost 2 feet of backfill.

3. Except for emergency repairs, maintenance, repair and reconstruction of utility facilities shall be planned and timed to minimize adverse impacts to wildlife and habitat within a /WR conservation area. Emergency repairs shall meet the requirements of 9.4930(2)(o).

4. Utility agencies and their agents shall use the best feasible technology to pinpoint the location of needed repairs to underground utilities prior to excavation in order to limit the area of impact.

(e) Construction of new underground utility lines within /WR conservation areas of Category A, B, C, or D streams or Category A, B, or C wetlands. Subject to EC 9.4980 /WR Water Resources Conservation Overlay Zone Development Standards (2) through (5) and to the following additional standards:

1. No reasonable alternative routes exist to provide service to an unserved area or to connect to an existing line.

2. Routing of new utility lines shall be designed so as to minimize adverse impacts to habitat within the /WR conservation area to the greatest extent practicable.

3. Excavated areas shall be backfilled to the previous grade with existing native soil used for the uppermost 3 feet of backfill whenever possible and in no case less than the uppermost 2 feet of backfill.

4. Construction of new utility facilities shall be planned and timed to minimize adverse impacts to wildlife and habitat within a /WR conservation area.

5. Impacts to plant species listed as threatened or endangered by the Oregon Department of Agriculture or the U.S. Fish and Wildlife Service shall be avoided.

(f) Wetland or riparian area enhancement, restoration or creation activities. Subject to EC 9.4980 /WR Water Resources Conservation Overlay Zone Development Standards (2) through (5).

(g) Construction of stormwater quality treatment facilities that do not discharge into a stream or wetland within the /WR conservation area and that do not include adding impervious surfaces. Subject to EC 9.4980 /WR Water Resources Conservation Overlay Zone Development Standards (2) through (5).

(h) Discharge of stormwater collected from impervious surfaces into a wetland or stream within the /WR conservation area, if the following standards 1. through 4. are met:

1. No other gravity-based stormwater discharge options are available for the site.

2. All of the stormwater runoff from the development site that will result from the water quality design storm will be treated by a privately constructed and maintained stormwater management facility prior to discharge. For purposes of this subsection, the term “water quality design storm” means a theoretical storm for estimating the amount of stormwater runoff to be treated, and is different for volume based facilities and flow-through facilities as follows:

a. Facilities designed to store and treat a volume of stormwater shall be sized using a water quality design storm of 1.4 inches of rainfall in 24-hours using Soil Conservation Service (SCS now the Natural Resources Conservation Service) methodology.

b. Facilities designed to treat a rate of flow draining through them shall be sized using a rainfall intensity of 0.12 inches per hour for facilities off-line from the conveyance system, or 0.21 inches per hour for on-line facilities, and using the rational equation.

3. The stormwater is treated prior to discharge utilizing one or more of the following stormwater management facilities: eco-roof, stormwater planter, swale, filter, infiltration basin, and manufactured treatment facility.

4. Design and construction of the stormwater management facility is subject to EC 9.4980 /WR Water Resources Conservation Overlay Zone Development Standards (2) through (5).

(i) Construction of paved pathways of no more than 6 feet in width for passive recreation within the conservation area for Category A, B, or C streams or Category A wetlands, and no more than 12 feet for bike paths identified in the Eugene 2035 Transportation System Plan or TransPlan. Subject to EC 9.4980 /WR Water Resources Conservation Overlay Zone Development Standards (2) through (6) and (11).

(j) Construction of a private access road where no other point of access is available except through the /WR conservation area of a Category A, B, C or D stream or a Category A, B, or C wetland, and where the number of stream or wetland crossings is the minimum necessary for the approved use. Subject to EC 9.4980 /WR Water Resources Conservation Overlay Zone Development Standards (2) through (6) and (10).

(k) Non-emergency repair or stabilization of a failing slope or eroding channel bank. Subject to EC 9.4980 /WR Water Resources Conservation Overlay Zone Development Standards (2) through (6), and provided the applicant submits to the planning director a report from a certified engineer that includes the following:

1. A description of the location, extent and probable cause of the slope or bank failure,

2. A determination that the slope or bank failure threatens public safety or the structural integrity of an adjacent or downstream legally constructed structure,

3. A declaration that repair of the slope or bank failure is necessary to protect public safety or the structural integrity of structure(s) described under subsection 2. above,

4. A statement that the method of repair is necessary to protect public safety of the structural integrity of structure(s) described under subsection 2. above and will minimize impacts to riparian and in-stream habitat to the greatest extent practicable.

Consistency with the provisions of this subsection do not exempt the property owner from state or federal laws or regulations that protect wetlands, waterways or other natural resources.

(4) Uses Prohibited Within the /WR Conservation Area. Uses that are not specifically allowed under subsections (2), (3) or (5) are prohibited within /WR conservation areas. Prohibited uses include, but are not limited to, the following:

(a) Storage of hazardous or toxic materials.

(b) Depositing, dumping, piling or disposal of refuse, or dumping, piling, disposing or composting of yard debris, fill, or other material except for single family residential composting, which must be kept at least 10 feet from the top of the bank of any water feature, and soils or soil amendments used for replanting in accordance with provisions of this section.

(c) Construction of new septic drainfields.

(d) Channelizing or straightening natural drainageways.

(e) Removal or destruction of a plant species listed as threatened or endangered by the Oregon Department of Agriculture or the U.S. Fish and Wildlife Service unless written notice of the removal or destruction is provided to the city’s Planning and Development Department, the Plant Division of the Oregon Department of Agriculture, and the U.S. Fish and Wildlife Service 30 days prior to the removal or destruction. Such notice shall include the location, the names of the plant species to be affected, how many plants are to be affected and the reason for the removal or destruction.

(f) Filling, grading and excavating.

(g) Storage of wood, other building materials, vehicles or machinery.

(5) Exceptions. Activities that are explicitly authorized by a city land use approval issued prior to November 14, 2005 or that are necessary to carry out uses or development explicitly authorized by such an approval are exempt from the restrictions of the provisions of subsections (2), (3) and (4) of this section if the authorization is part of one of the following:

(a) A site review plan;

(b) A conditional use permit;

(c) A tentative subdivision or tentative cluster subdivision submitted and approved after August 1, 2001;

(d) A greenway permit; or

(e) A planned unit development.

(Section 9.4930 added by Ordinance No. 20351, enacted November 14, 2005, effective January 1, 2006; amended by Ordinance No. 20582, enacted June 26, 2017, effective July 31, 2017.)