Chapter 15.342
STREAM CORRIDOR OVERLAY (SC) SUBDISTRICT
Sections:
15.342.020 Where these regulations apply.
15.342.030 General information.
15.342.040 Activities exempt from these regulations.
15.342.050 Activities requiring a Type I process.
15.342.060 Restoration standards for Type I process.
15.342.070 Activities requiring a Type II process.
15.342.080 Plan submittal requirements for Type II activities.
15.342.090 Mitigation requirements for Type II activities.
15.342.100 Type III process for exceptions and variances.
15.342.110 Prohibited uses and activities.
15.342.130 Procedure for adjusting and amending the delineated stream corridor.
15.342.140 Stream corridor impact report (SCIR) and review criteria.
15.342.010 Purpose.
The purpose of the stream corridor (SC) overlay subdistrict is to implement the goals and policies of the comprehensive plan relating to open space, scenic, and natural resources which are intended to “. . . ensure that adequate land shall be retained in permanent open space use and that natural scenic and historic resources are protected.” Furthermore, this subdistrict is intended to “. . . protect, conserve, enhance, and maintain the Willamette River Greenway.” The subdistrict allows for a balance of protection of open space, scenic and natural resources and environmentally sensitive development. The designation of lands within this subdistrict is used to provide reasonable regulation of development in or adjacent to stream corridors. This subdistrict does not provide for or authorize public access to private properties designated within this subdistrict. Additionally, the provisions of this subdistrict do not provide measures for the public acquisition of private property. [Ord. 2451, 12-2-96. Code 2001 § 151.465.]
15.342.020 Where these regulations apply.
The regulations of this chapter apply to the portion of any lot or development site which is within an SC overlay subdistrict. Unless specifically exempted by NMC 15.342.040, these regulations apply to the following:
A. New structures, additions, accessory structures, decks, addition of concrete or other impervious surfaces;
B. Any action requiring a development permit by this code;
C. Changing of topography by filling or grading;
D. Installation or expansion of utilities including but not limited to phone, cable TV, electrical, wastewater, storm drain, water or other utilities;
E. Installation of pathways, bridges, or other physical improvements which alter the lands within the stream corridor overlay subdistrict. [Ord. 2451, 12-2-96. Code 2001 § 151.466.]
15.342.030 General information.
The delineated stream corridor overlay subdistrict is described by boundary lines delineated on the City of Newberg zoning map indicated with an SC symbol. The boundaries of the SC areas were established by an ecologist analyzing several environmental values including erosion potential, wildlife habitat, riparian water quality protection, floodplain water quality protection, natural condition, and ecological integrity. This information is contained in more detail in a document titled “City of Newberg, Stream Corridors as a Goal 5 Resource.” This document includes a Goal 5 ESEE (economic, social, environment and energy consequences) analysis and was the basis for the preparation of this chapter. The boundaries of the SC overlay subdistrict are typically located at a logical top of bank, or where no obvious top of bank exists, are located at a distance 50 feet from the edge of the wetland. [Ord. 2451, 12-2-96. Code 2001 § 151.467.]
15.342.040 Activities exempt from these regulations.
The following public or private uses and activities are exempt from the regulations of this chapter:
A. Emergency procedures or emergency activities undertaken by public or private parties which are necessary for the protection of public health, safety and welfare.
B. Maintenance and repair of buildings, structures, yards, gardens or other activities or uses that were in existence prior to the effective date of the ordinance codified in these regulations.
C. Alterations of buildings or accessory structures which do not increase building coverage.
D. The expansion of an existing structure, building, improvements, or accessory structures, provided the expansion is located completely outside of the stream corridor delineation boundary.
E. The following agricultural activities lawfully in existence as of December 4, 1996:
1. Mowing of hay, grass or grain crops.
2. Tilling, discing, planting, seeding, harvesting and related activities for pasture, trees, food crops or business crops; provided, that no additional lands within the stream corridor boundary are converted to these uses.
F. Operation, maintenance and repair of existing irrigation, drainage ditches, ponds, wastewater facilities, stormwater detention or retention facilities, and water treatment facilities.
G. Normal and routine maintenance of existing streets and utilities.
H. Normal and routine maintenance of any public improvement or public recreational area.
I. Measures to remove or abate hazards and nuisances including but not limited to removal of fallen, hazardous or diseased trees.
J. Roadway and related improvements associated with a final alignment of the Newberg bypass road project.
K. Maintenance and repair of existing railroad trackage and related improvements.
L. Airport Area.
1. The removal or pruning of trees or other vegetation located within the airport overlay subdistrict, as established on the City of Newberg zoning map, that either exceed the height limits established by the overlay subdistrict or are otherwise demonstrated to pose a threat to the health, safety, welfare, and general operation of the airport.
2. The removal of undergrowth, within 500 feet east and west of the runway and 1,000 feet south of the runway, as necessary to maintain the safe operation of the airport facilities and activities.
M. Utilities installed above or below existing street rights-of-way.
N. Utility services using an existing pole or installation of other utilities where no more than 100 square feet of ground area is disturbed, no native trees are removed, and the area is replanted to preconstruction conditions using native plants selected from the Newberg plant list.
O. Utility services within existing access roads or other previously improved areas where the utility service can be installed without expanding the previously improved area.
P. The removal of any plant identified on the Newberg plant list as a nuisance plant such as Himalayan blackberry, English ivy, periwinkle, poison oak, or Scotch broom.
Q. The planting or propagation of any plant identified as native on the Newberg plant list.
R. The planting or propagation of any nonnative plant; provided, that the area to be planted covers less than 10 percent of the total site area within the SC overlay subdistrict and does not include any nuisance plants as identified on the Newberg plant list. [Ord. 2451, 12-2-96. Code 2001 § 151.468.]
15.342.050 Activities requiring a Type I process.
The following uses shall be processed as a Type I decision and shall be approved by the director upon submittal of a plan indicating compliance with the accompanying criteria and the restoration standards indicated in NMC 15.342.060.
A. The expansion of an existing single-family, duplex, triplex or quadplex dwelling, structure, building, improvements, or accessory structures inside the corridor delineation boundary, including any expansion associated with conversion of an existing single-family dwelling into a duplex, triplex or quadplex dwelling; provided, that the following criteria have been satisfied:
1. The expansion of a single-family, duplex, triplex or quadplex dwelling, structure or improvement (including decks and patios); provided, that it is located no closer to the stream or wetland area than the existing structure or improvement;
2. The coverage of all structures within the SC overlay subdistrict on the subject parcel shall not be increased by more than 1,000 square feet of the coverage in existence as of December 4, 1996;
3. The disturbed area is restored pursuant to NMC 15.342.060; and
4. No portion of the improvement is located within the 100-year flood boundary.
B. Private or public service connection laterals and service utilities extensions where the disturbed area shall be restored pursuant to NMC 15.342.060.
C. Private or public sidewalks, stairs and related lighting where the disturbed area is restored pursuant to NMC 15.342.060.
D. Bicycle and pedestrian paths; provided, that the area is restored pursuant to NMC 15.342.060.
E. Temporary construction access associated with authorized Type I uses. The disturbed area associated with temporary construction access shall be restored pursuant to NMC 15.342.060.
F. The removal of nonnative vegetation (such as blackberries) by mechanical means; provided, that the site is restored pursuant to NMC 15.342.060.
G. Single-family, duplex, triplex or quadplex dwellings or structures which are nonconforming to the standards of this chapter may be rebuilt in the event of damage due to fire or other natural hazard; provided, that the single-family, duplex, triplex or quadplex dwelling or structure is placed within the same foundation lines. [Ord. 2889 § 2 (Exh. B §§ 17, 18), 12-6-21; Ord. 2880 § 2 (Exh. B §§ 20, 21), 6-7-21; Ord. 2451, 12-2-96. Code 2001 § 151.469.]
15.342.060 Restoration standards for Type I process.
A plan shall be approved only if the following standards can be met. This shall be shown on a plan submitted along with a Type I application.
A. Disturbed areas, other than authorized improvements, shall be regraded and contoured to appear natural. All fill material shall be native soil. Native soil may include soil associations commonly found within the vicinity, as identified from USDA Soil Conservation Service, Soil Survey of Yamhill Area, Oregon.
B. Replanting shall be required using a combination of trees, shrubs and grasses. Species shall be selected from natives on the Newberg plant list.
C. Removed trees over six inches in diameter, as measured at breast height, shall be replaced at a ratio of three new trees for every one removed. All trees replaced pursuant to this section shall have an average caliper measurement of a minimum of one inch. Additional trees of any caliper may be used to further enhance the mitigation site.
D. All disturbed areas, other than authorized improvements, shall be replanted to achieve 90 percent cover in one year.
E. All disturbed areas shall be protected with erosion control devices prior to construction activity. The erosion control devices shall remain in place until 90 percent cover is achieved.
F. Except as provided below, all restoration work must occur within the SC overlay subdistrict and be on the same property. The director may authorize work to be performed on properties within the general vicinity or adjacent to the overlay subdistrict; provided, that the applicant demonstrates that this will provide greater overall benefit to the stream corridor areas. [Ord. 2451, 12-2-96. Code 2001 § 151.470.]
15.342.070 Activities requiring a Type II process.
The installation, construction or relocation of the following improvements shall be processed as a Type II decision. The proposal shall be accompanied by a plan as identified in NMC 15.342.080 and conform to the mitigation standards contained in NMC 15.342.090.
A. Public or private street crossings, sidewalks, pathways, and other transportation improvements that generally cross the stream corridor in a perpendicular manner.
B. Bridges and other transportation improvements that bridge the wetland area.
C. Railroad trackage crossings over the SC overlay subdistrict that bridge the wetland area.
D. Water, wastewater, and stormwater systems already listed within approved City of Newberg master infrastructure plans.
E. New single-family or duplex dwellings which meet all of the following requirements:
1. The lot was created prior to December 4, 1996, is currently vacant, has at least 75 percent of the land area located within the SC overlay subdistrict and has less than 5,000 square feet of buildable land located outside the SC overlay subdistrict.
2. No more than one single-family or duplex dwelling and its expansion is permitted on the property, which shall occupy a coverage area not to exceed 1,500 square feet in area.
3. The single-family or duplex dwelling shall be sited in a location which minimizes the impacts to the stream corridor.
4. The improvements and other work are not located within the 100-year flood boundary.
F. Reduced front yard setback. Properties within the SC subdistrict may reduce the front yard setback for single-family or duplex dwellings or additions where the following requirements are met:
1. The reduction in the front yard setback will allow no less than five feet between the property line and the proposed structure.
2. The reduction in the setback will allow the footprint of the proposed dwelling or addition to be located entirely out of the SC overlay subdistrict.
3. Two 20-foot-deep off-street parking spaces can be provided which do not project into the street right-of-way.
4. Maximum coverage within the stream corridor subdistrict shall not exceed 1,500 square feet.
G. Temporary construction access associated with authorized Type II uses. The disturbed area associated with temporary construction access shall be restored pursuant to NMC 15.342.090.
H. Grading and fill for recreational uses and activities, which shall include revegetation, and which do not involve the construction of structures or impervious surfaces.
I. Public parks.
J. Stream corridor enhancement activities which are reasonably expected to enhance stream corridor resource values and generally follow the restoration standards in NMC 15.342.060. [Ord. 2880 § 2 (Exh. B §§ 22, 23), 6-7-21; Ord. 2451, 12-2-96. Code 2001 § 151.471.]
15.342.080 Plan submittal requirements for Type II activities.
In addition to the design review plan submittal requirements, all applicants for Type II activities within the SC overlay subdistrict shall submit the following information:
A. A site plan indicating all of the following existing conditions:
1. Location of the boundaries of the SC overlay subdistrict.
2. Outline of any existing features including, but not limited to, structures, decks, areas previously disturbed, and existing utility locations.
3. Location of any wetlands or water bodies on the site and the location of the stream centerline and top of bank.
4. Within the area to be disturbed, the approximate location of all trees that are more than six inches in diameter at breast height must be shown, with size and species. Trees outside the disturbed area may be individually shown or shown as crown cover with an indication of species type or types.
5. Topography shown by contour lines at five-foot vertical intervals or less.
6. Photographs of the site may be used to supplement the above information but are not required.
B. Proposed development plan including all of the following:
1. Outline of disturbed area including all areas of proposed utility work.
2. Location and description of all proposed erosion control devices.
3. A landscape plan prepared by a landscape architect, or other qualified design professional, shall be prepared which indicates the size, species, and location of all new vegetation to be planted. [Ord. 2451, 12-2-96. Code 2001 § 151.472.]
15.342.090 Mitigation requirements for Type II activities.
The following mitigation requirements apply to Type II activities. The plans required pursuant to NMC 15.342.080 shall be submitted indicating the following mitigation requirements will be met.
A. Disturbed areas, other than authorized improvements, shall be regraded and contoured to appear natural. All fill material shall be native soil. Native soil may include soil associations commonly found within the vicinity, as identified from USDA Soil Conservation Service, Soil Survey of Yamhill Area, Oregon.
B. Replanting shall be required using a combination of trees, shrubs and grass. Species shall be selected from the Newberg native plant list. Planting shall be as follows:
1. At least eight species of plants shall be used.
2. At least two species must be trees and two species must be shrubs.
3. No more than 50 percent of any seed mix used can be grass.
4. A minimum of one tree and three shrubs shall be used for every 500 square feet of planting area.
5. Areas to be replanted must be completed at the time of final inspection or completion of the work, except as otherwise allowed by this code.
6. Existing vegetation that can be saved and replanted is encouraged, although not required.
C. Removed trees over six inches in diameter, as measured at breast height, shall be replaced as follows:
1. Trees from six to 18 inches in diameter shall be replaced with a minimum of three new trees for every tree removed.
2. Trees over 18 inches but less than 30 inches shall be replaced with a minimum of five trees for every tree removed.
3. Trees over 30 inches shall be replaced with a minimum of eight trees for every tree removed.
4. All trees replaced pursuant to this section shall have an average caliper measurement of a minimum of one inch. Additional trees of any size caliper may be used to further enhance the mitigation site.
D. All disturbed areas, other than authorized improvements, shall be replanted to achieve 90 percent cover in one year. The director may require a bond or other form of security instrument to insure completion of the restoration plan. The director shall authorize the release of the bond or other security instrument when, after one year, the restoration site has achieved the purposes and standards of this section.
E. All disturbed areas shall be protected with erosion control devices prior to construction activity. The erosion control devices shall remain in place until 90 percent cover is achieved.
F. Except as provided below, all restoration work must occur within the SC overlay subdistrict and be on the same property. The director may authorize work to be performed on properties within the general vicinity or adjacent to the overlay subdistrict; provided, that the applicant demonstrates that this will provide greater overall benefit to the stream corridor areas. [Ord. 2451, 12-2-96. Code 2001 § 151.473.]
15.342.100 Type III process for exceptions and variances.
A. Exceptions. Except as provided in NMC 15.342.040, 15.342.050, and 15.342.070, uses and activities otherwise allowed under the applicable base zone regulations shall be processed as a Type III. The applicant shall submit a stream corridor impact report (SCIR) and meet the criteria set forth in NMC 15.342.140:
1. If the application of this chapter would prohibit a development proposal by a public agency or public utility, the agency or utility may apply for an exception pursuant to this section.
2. The expansion of a single-family, duplex, triplex or quadplex dwelling, including expansion associated with the conversion of an existing single-family dwelling into a duplex, triplex or quadplex dwelling, is permitted within the SC overlay subdistrict, provided:
a. The single-family, duplex, triplex or quadplex dwelling shall occupy a coverage area not to exceed a maximum of 1,500 square feet in area; and
b. The single-family, duplex, triplex or quadplex dwelling shall be placed in a location which is located no closer to the wetland.
3. The expansion of any existing use or structure, other than single-family, duplex, triplex or quadplex dwellings, that is otherwise permitted within the base zoning district. The hearing body may authorize the expansion of an existing non-single-family use, provided the following criteria are met:
a. The expansion is limited to no more than 1,500 square feet of coverage;
b. The proposal does not pose an unreasonable threat to the public health, safety or welfare on or off the development proposal site;
c. Any alterations to a delineated stream corridor shall be the minimum necessary to allow for the reasonable use of the property;
d. The development conforms to the regulations of the Newberg development code; and
e. The expansion shall be placed in a location which is no closer to the wetland.
B. Variance. A variance to the standards of this chapter may be granted under the Type III process. A variance to this chapter shall be processed as a Type III procedure and shall only be subject to the following criteria:
1. A stream corridor impact report (SCIR) shall be submitted which meets the criteria indicated in NMC 15.342.140; and
2. The proposed development will result in equal or greater conservation of the identified resources and functional values on the site and will, on balance, be consistent with the purpose of the applicable regulation.
C. Nothing contained herein shall be deemed to require a hearing body to approve a request for a Type III permit under this section. [Ord. 2889 § 2 (Exh. B § 19), 12-6-21; Ord. 2880 § 2 (Exh. B §§ 24, 25), 6-7-21; Ord. 2451, 12-2-96. Code 2001 § 151.474.]
15.342.110 Prohibited uses and activities.
The following activities or uses are prohibited within this subdistrict:
A. Except as provided in NMC 15.342.040(R), the planting or propagation of any plant identified as a nuisance plant as determined by a qualified botanist or indicated as a nuisance plant on the Newberg plant list.
B. The removal of native trees that are greater than six inches in diameter at breast height, except as is otherwise permitted within this chapter.
C. Any use dealing with hazardous substances or materials, including but not limited to gas service stations.
D. Public pathways, except those in conjunction with public lands, public parks or public easements that have been acquired by other than eminent domain.
E. Recreational marijuana producer and recreational marijuana processor.
F. Recreational marijuana wholesalers, laboratories, research certificates and retailers.
G. Recreational marijuana dispensaries. [Ord. 2809 § 1 (Exh. A § 3), 9-19-16; Ord. 2801 § 1 (Exh. A § 4), 6-6-16; Ord. 2798 § 1 (Exh. A § 4), 4-4-16; Ord. 2451, 12-2-96. Code 2001 § 151.475.]
15.342.120 Density transfer.
For residential development proposals on lands which contain the SC overlay subdistrict, a transfer of density shall be permitted within the development proposal site. The following formula shall be used to calculate the density that shall be permitted for allowed residential use on the property:
A. Step 1. Calculate expected maximum density. The expected maximum density (EMD) is calculated by multiplying the acreage of the property by the density permitted within the Newberg comprehensive plan.
B. Step 2. The density that shall be permitted on the property shall be equal to the EMD obtained in Step 1, provided:
1. The density credit can only be transferred to that portion of the development site that is not located within the designated stream corridor; and
2. The minimum lot size required for residential dwellings, in the base zone, shall not be reduced by more than 20 percent; and
3. The maximum dwelling units per net acre of buildable land, outside the SC boundary, shall not be increased by more than 20 percent; and
4. The types of residential uses and other applicable standards permitted in the zone shall remain the same; and
5. All other uses shall comply with applicable standards and criteria of the Newberg development code. [Ord. 2451, 12-2-96. Code 2001 § 151.476.]
15.342.130 Procedure for adjusting and amending the delineated stream corridor.
A. Type II Process. The manager shall authorize an adjustment to the delineated stream corridor by a maximum of 15 percent of the corridor width as measured from the centerline of the stream to the upper edge of the stream corridor boundary (from the boundary location originally adopted as part of this chapter), provided the applicant demonstrates that the following standards are met:
1. The location of the delineated stream corridor boundary is not reduced to less than 50 feet from the edge of a wetland or 100-year flood elevation, whichever is higher; and
2. The lands to be eliminated do not contain sloped areas in excess of 20 percent; and
3. The lands to be eliminated do not significantly contribute to the protection of the remaining stream corridor for water quality, stormwater control and wildlife habitat; and
4. A stream corridor impact report which complies with the provisions of this chapter is provided; and
5. The line to be adjusted has not been previously adjusted from the boundary location originally adopted as part of this chapter.
B. Type III Process. The applicant may propose to amend the delineated stream corridor boundary through a Type III quasi-judicial zone change proceeding consistent with the provisions of this code (see standard zone change criteria). [Ord. 2451, 12-2-96. Code 2001 § 151.477.]
15.342.140 Stream corridor impact report (SCIR) and review criteria.
A stream corridor impact report (SCIR) is a report which analyzes impacts of development within delineated stream corridors based upon the requirements of this section. The director shall consult with a professional with appropriate expertise to evaluate the report prepared under this section, in order to properly evaluate the conclusions reached in it. If outside consulting services are required to review the report, the cost of such review shall be paid by the applicant. By resolution, the city council shall establish a maximum fee which will be paid by the applicant.
A. Application Requirements. In addition to required materials for the site design review application, a stream corridor impact report (SCIR) must be submitted. The SCIR shall be conducted and prepared by experienced professionals who are knowledgeable and qualified to complete such a report. The qualifications of the person or persons preparing each element of the analysis shall be included with the SCIR. The SCIR shall include the following:
1. Physical Analysis. The analysis shall include, at a minimum, a description of the soil types, geology, and hydrology of the site plus related development limitations. The analysis shall include development recommendations including grading procedures, soil erosion control measures, slope stabilization measures, and methods of mitigating hydrologic impacts. For projects which affect possible wetlands, a copy of the state wetland inventory map pertaining to the site shall be provided. Notice of the proposal shall be given to the Oregon Division of State Lands and the Army Corp of Engineers.
2. Ecological Analysis. The analysis shall include, at a minimum, an inventory of plant and animal species occurring on the site, a description of the relationship of the plants and animals with the environment, and recommended measures for minimizing the adverse impacts of the proposed development on unique and/or significant features of the ecosystem, including but not limited to migratory and travel routes of wildlife.
3. Enhancement Proposal. The applicant must propose a stream corridor or wetland enhancement to be completed along with the proposed development. The enhancement shall increase the natural values and quality of the remaining stream corridor lands located on the lot.
B. SCIR Review Criteria. The following standards shall apply to the issuance of permits requiring an SCIR, and the SCIR must demonstrate how these standards are met in a manner that meets the project purpose.
1. Where possible, the applicant shall avoid the impact altogether.
2. Impact on the stream corridor shall be minimized by limiting the degree or magnitude of the action, by using appropriate technology, or by taking affirmative steps to avoid, reduce or mitigate impacts.
3. The impacts to the stream corridor will be rectified by restoring, rehabilitating, or creating comparable resource values on the site or within the same stream corridor.
4. The remaining resource values on the stream corridor site shall be protected and enhanced, with consideration given to the following:
a. Impacts to wildlife travel and migratory functions shall be maintained to the maximum extent possible; and
b. Native vegetation shall be utilized for landscaping to the extent practicable; and
c. The stream bed shall not be unnecessarily or detrimentally altered.
5. The fill shall primarily consist of natural materials such as earth or soil aggregate, including sand, gravel, rock, and concrete. Culverts, bridges, reinforced retaining walls, or other similar structures which require manmade structural materials shall be permitted.
6. The amount of fill used shall be the minimum required to practically achieve the project purpose.
7. If the fill or grading is within a designated floodway, the proposed action shall maintain the flood storage capacity of the site.
8. The proposed fill or grading shall not significantly increase existing hazardous conditions or create significant new hazardous conditions related to geology, hydrology, or soil erosion.
9. Stream turbidity shall not be significantly increased by any change in a watercourse that results from the fill. Measures shall be taken to minimize turbidity during construction.
10. The removal of trees over six inches in diameter shall be minimized to the extent possible to provide the necessary improvements authorized by this chapter. [Ord. 2451, 12-2-96. Code 2001 § 151.478.]