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Approval, approval with conditions, or denial of a Willamette River Greenway Permit not otherwise processed according to the provisions of EC 9.8812, shall be based on compliance with the following approval criteria:

(1) To the greatest possible degree, the intensification, change of use, or development will provide the maximum possible landscaped area, open space, or vegetation between the activity and the river.

(2) To the greatest possible degree, necessary and adequate public access will be provided to and along the Willamette River by appropriate legal means.

(3) The intensification, change of use, or development will conform with applicable Willamette River Greenway policies as set forth in the Metro Plan.

(4) In areas subject to the Willakenzie Area Plan, the intensification, change of use, or development will conform with that plan’s use management standards.

(5) In areas not covered by subsection (4) of this section, the intensification, change of use, or development shall conform with the following applicable standards:

(a) Establishment of adequate setback lines to keep structures separated from the Willamette River to protect, maintain, preserve, and enhance the natural, scenic, historic, and recreational qualities of the Willamette River Greenway. Setback lines need not apply to water related or water dependent uses as defined in EC 9.0500.

(b) Protection of significant fish and wildlife habitats as identified in the Metropolitan Plan Natural Assets and Constraints Working Paper. Sites subsequently determined to be significant by the Oregon Department of Fish and Wildlife shall also be protected.

(c) Protection and enhancement of the natural vegetative fringe along the Willamette River to the maximum extent practicable.

(d) Preservation of scenic qualities and viewpoints as identified in the Metropolitan Plan Natural Assets and Constraints Working Paper.

(e) Maintenance of public safety and protection of public and private property, especially from vandalism and trespass in both rural and urban areas to the maximum extent practicable.

(f) Compatibility of aggregate extraction with the purposes of the Willamette River Greenway and when economically feasible, applicable sections of state law pertaining to Reclamation of Mining Lands (ORS Chapter 517) and Removal of Material; Filling (ORS Chapter 541) designed to minimize adverse effects to water quality, fish and wildlife, vegetation, bank stabilization, stream flow, visual quality, noise, safety, and to guarantee necessary reclamation.

(g) Compatibility with recreational lands currently devoted to metropolitan recreational needs, used for parks or open space and owned and controlled by a general purpose government and regulation of such lands so that their use will not interfere with adjacent uses.

(6) The proposed development is designed and sited to minimize impacts to the natural environment by addressing the following:

(a) Tree Preservation. Significant trees are preserved to the greatest possible degree, with trees having the following characteristics given the highest priority for preservation:

1. Healthy trees that have a reasonable chance of survival considering the base zone or special area zone designation and other applicable approval criteria;

2. Trees located within vegetated corridors and stands rather than individual isolated trees subject to windthrow;

3. Trees that fulfill a screening function, provide relief from glare, or shade expansive areas of pavement;

4. Trees that provide a buffer between potentially incompatible land uses;

5. Trees located along the perimeter of the lot(s) and within building setback areas;

6. Trees and stands of trees located along or within view from the river;

7. Trees with significant habitat value;

8. Trees adjacent to public parks, open space and streets;

9. Trees located along a water feature; and,

10. Heritage trees.

(b) Restoration or Replacement. The proposal mitigates, to the greatest possible degree, the loss of significant trees and vegetation through restoration or replacement, as follows:

1. Planting of replacement trees along stream corridors, or within common areas; or,

2. Restoration of fish and wildlife habitat, native plant habitat, wetland areas, and riparian vegetation.

(7) As used in this section, the words "the greatest possible degree" are drawn from Oregon Statewide Planning Goal 15 (F.3.b.) and are intended to require a balancing of factors so that each of the identified Willamette River Greenway criteria is met to the greatest extent possible without precluding the requested use.

(8) When site review approval is required, the proposed development will be consistent with the applicable site review criteria.

(9) The proposal complies with all other applicable development standards for features explicitly included in the application. An approved adjustment to a standard pursuant to provisions beginning at EC 9.8015 of this land use code constitutes compliance with the standard.

(Section 9.8815, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; Ordinance No. 20693, enacted July 12, 2023, effective August 18, 2023.)