Chapter 17.40 PROTECTIVE MEASURES FOR SIGNIFICANT WETLANDS, RIPARIAN CORRIDORS, AND PROTECTION ZONES*

Chapter 17.40
PROTECTIVE MEASURES FOR SIGNIFICANT WETLANDS, RIPARIAN CORRIDORS, AND PROTECTION ZONES*

Sections:

17.40.015 Establishment of significant wetlands, riparian corridors and protection zones.

17.40.020 Applicability of chapter – Site-specific determination of significant wetland, significant riparian corridors and protection zone boundaries.

17.40.025 Prohibitions within significant wetlands, significant riparian corridors and protection zones.

17.40.030 Sworn statement, verification of federal, state and local permit compliance.

17.40.035 Exempt activities and uses within a significant wetland, riparian corridor and protection zone.

17.40.040 Protection zone exceptions – Limited activities and uses within the protection zone.

17.40.045 Resource exceptions – Limited activities and uses within significant wetlands, significant riparian corridors (resource areas).

17.40.050 Additional requirements for land divisions and new development.

17.40.055 General criteria for exceptions and other approvals.

17.40.060 Administration and approval processes.

17.40.065 Application requirements.

17.40.070 Additional information required and waiver of requirements.

17.40.075 Claims requirement.

* Editor’s Note: The effective date for this chapter is December 1, 2003.

17.40.005 Purpose.

The purpose of this chapter is to implement Statewide Planning Goal No. 5 and Oregon Administrative Rules requiring the establishment of regulatory protective measures for significant wetland areas and significant riparian corridors. This chapter establishes prohibitions and permit requirements for the significant wetlands and riparian corridors and their associated protection zones.

The standards and requirements of this chapter shall apply in addition to other regulations of the Development Code applicable to the underlying zoning classification of lands within significant wetlands, riparian corridors, and protection zones. In case of any conflict between these regulations and any other regulation(s) of the city, the regulation(s) which provide more protection shall apply. (Ord. 2890 Att. A, 2003; Ord. 2875 § 1.091.005, 2003)

17.40.010 Definitions.

The following definitions supplement definitions in Chapter 17.16 SHMC. In the event of conflict the definitions in this chapter shall control.

“Alter” or “alteration” means any human-induced physical change to the existing condition of land or improvements thereon including but not limited to clearing, grubbing, draining, removal of vegetation (chemical or otherwise), excavation, grading, placement of fill material, placement of structures or impervious surfaces or other construction. “Permit to be altered” means allowing or failing to prevent the alteration. (Replaces definition in Chapter 17.16 SHMC for purposes of this chapter.)

“City” means the city of St. Helens.

“Clearing” means the removal, redistribution or disturbance to vegetation, soil or substrate that may include trees, brush, grass, ground cover, or other vegetative matter from a site.

“Enhancement” means the actions performed to improve the condition or functions and values of a wetland area, riparian corridor or fish and wildlife habitat area, or their associated protection zone. Enhancement actions include but are not limited to increasing plant diversity, increasing fish and wildlife habitat, installing environmentally compatible erosion controls, and removing invasive plant species.

“Environmental assessment” means at a minimum that the property owner contract with a registered engineer and/or wetlands biologist as appropriate to determine the precise location of the top of bank, steep slopes, wetland, riparian corridor and protection zone or on a property. A licensed surveyor must then conduct a boundary survey that shows the locations of the tops-of-bank, steep slopes, wetlands, riparian corridors, and the protection zone setback locations on the subject property. Minimum requirements for environmental assessments are set forth in SHMC 17.40.065. The EA and supporting field investigation shall be performed by a qualified biologist or other environmental professional with experience in performing wetland/riparian corridor identification, delineation and evaluation.

“Fill material” means a deposit of earth or other natural or manmade material placed by artificial means.

“Filling” means the act of placing fill material in any amount, including the temporary stockpiling of fill material.

“Legally created lot or parcel of record” for purposes of this chapter includes a lot or parcel that was legally created and recorded prior to the adoption of land division ordinances or a lot or parcel shown on a final plat approved and recorded prior to the effective date of the ordinance codified in this chapter. A “legally created lot or parcel of record” also includes a lot or parcel recorded after the effective date of the ordinance codified in this chapter, but only if the lot or parcel was approved on a preliminary plat approved prior to the effective date of the ordinance codified in this chapter and the final plat recordation is in compliance with the original approved timetable of development.

“Mitigation” means actions designed to replace project-induced sensitive area losses or impacts, including, but not limited to, restoration, creation or enhancement.

“Mitigation plan” means a plan that outlines the activities that will be undertaken to alleviate project impacts to sensitive areas.

“Nonnative species” means a plant species which is not indigenous to the local area.

“Noxious, invasive and/or nonnative vegetation” means poison oak, tree of heaven, garlic mustard, lesser celandine, Canada thistle, common thistle, western clematis, traveler’s joy, field morning-glory, lady’s-nightcap, pampas grass, hawthorn, except native species, Scot’s broom, Queen Anne’s lace, South American waterweed, common horsetail, giant horsetail, Crane’s bill, Robert geranium, English ivy, St. John’s wort, English holly, Yellow flag, duckweed, water lentil, fall dandelion, purple loosestrife, Eurasian water milfoil, reed canary grass, annual bluegrass, water smartweed, climbing bindweed, giant knotweed, English and Portuguese laurel, Himalayan blackberry, evergreen blackberry, tansy ragwort, blue bindweed, hairy nightshade, common dandelion, common bladderwort, periwinkle (large leaf), periwinkle (small leaf), spiny cocklebur, bamboo, and blackberry.

Power-Assisted Equipment or Machinery.

(a) “Non-power-assisted equipment” means equipment or machinery operated by hand or operated by electricity or battery power.

(b) “Power-assisted equipment” means equipment or machinery other than non-power-assisted equipment.

“Protection zone” means the wetland/riparian protection zone of varying width, located adjacent to all significant wetlands and all significant riparian corridors and established in SHMC 17.40.015(3).

“Resource” or “resources” means significant wetlands and/or significant riparian corridors as distinguished from protection zone, which extends upland from the resource area.

“Restoration” means efforts performed to re-establish the functional values and characteristics of a critical area that have been destroyed or degraded by past alterations (e.g., filling, grading or draining).

“Riparian area” or “significant riparian area” is the area adjacent to a river, lake, or stream, consisting of the area of transition from an aquatic ecosystem to a terrestrial ecosystem. These areas are part of significant riparian corridors identified in the PHS riparian area report to the city, designated in the comprehensive plan, Ordinance 2824 and SHMC 17.40.015(2).

“Significant riparian corridor” or “riparian corridor” is a Goal No. 5 resource identified in the PHS riparian area report to the city, designated in the comprehensive plan, Ordinance 2824 and SHMC 17.40.015(2). A riparian corridor includes the water areas, fish habitat, adjacent riparian areas, and wetlands within the riparian area boundary.

“Significant wetland” means a wetland that has been identified by the city as a significant Goal No. 5 resource in Ordinance 2807, the comprehensive plan and in SHMC 17.40.015(1).

“Site” means any legal parcel, lot, or right-of-way, or combination of contiguous lots or parcels or lots under the applicant’s ownership.

“Top of bank” means the stage or elevation at which water overflows the natural banks of streams or other waters of this state and begins to inundate the upland. In the absence of physical evidence, the two-year recurrence interval flood elevation may be used to approximate the bank full stage.

“Utility line” means pipe, conduit, cable or other similar instrument by which services are conveyed to the public or individual recipients. Such services shall include, but are not limited to, water supply, electric power, natural gas, communications and sanitary sewer.

“Water-dependent” means a use which can be carried out only on, in, or adjacent to a body of water because it requires access to the water body for waterborne transportation or recreation. Water-dependent also includes development, which by its nature can be built only on, in, or over a water body. Bridges supported by piers or pillars, as opposed to fill, are water-dependent development.

“Water-related” means a use or development which is not directly dependent upon access to a water body but which provides goods or services that are directly associated with water-dependent lands or waterway use or development, and which, if not located adjacent to water, would result in a public loss of quality in the goods or services offered. Residences (including houseboats), parking areas, spoil and dump sites, roads and highways, restaurants, businesses, factories, and recreational vehicle parks are not considered dependent or related to water. Recreational trails and viewpoints adjacent to the water body or river are water-related development. Bridge exit and entrance ramps supported by piers or pillars, as opposed to fill, are water-related development.

“Wetland functions” are wildlife habitat, fish habitat, water quality, and hydrological control. (Ord. 2890 Att. A, 2003; Ord. 2875 § 1.091.010, 2003)

17.40.015 Establishment of significant wetlands, riparian corridors and protection zones.

(1) Wetlands. Ordinance 2807, adopted in November 1999, established and listed significant wetland areas within the city of St. Helens. Such areas were added to the comprehensive plan.

(a) The following significant wetlands are hereby established as Type I:

D-6	J-3	MC-1
D-10	M-7	MC-9
D-11	M-8	MC-25
D-16	M-10	UA-2
D-17	M-11	UB-5A
D-18	M-12	UB-5B

(b) The following significant wetlands are hereby established as Type II:

D-1	D-21	MC-2	MC-20
D-2	D-22	MC-3	MC-21
D-4	F-2	MC-5	MC-22
D-7	J-6	MC-8	MC-26
D-8	M-3	MC-10	UB-6
D-19	M-5	MC-16
D-20	M-15	MC-17

(2) Riparian Corridors. Ordinance 2824 adopted in August 2000 established significant riparian corridors within the city of St. Helens. Such areas were added to the comprehensive plan.

(a) Significant riparian corridors are established in waterways within the city limits of the city of St. Helens as follows: Scappoose Bay, Multnomah Channel, Columbia River, Milton Creek, McNulty Creek, and North Fork of McNulty Creek.

(b) The following additional reaches or portions of streams together with their associated riparian areas are also listed as significant riparian corridors:

R-MC-5b	R-MC-13R	R-MI-22
R-MC-7R	R-MC-13L	R-MI-23R
R-MC-7L	R-MC-15	R-MI-23L
R-MC-8L	R-MC-16a	R-MI-24
R-MC-10	R-MC-16b	R-MI-26a
R-MC-12	R-MI-21	R-D-34

(c) The significant riparian corridors, including those with associated riparian areas, are more specifically defined in Ordinance 2824. Ordinance 2824 defines these corridors as those waterways identified as fish habitat by Oregon Department of Fish and Wildlife and also those associated riparian areas identified by Pacific Habitat Services, Inc., report dated February 4, 2000, and amended March 24, 2000, as having two or more assessed functions that have been rated as High.

(3) Protection Zone. There is hereby established a wetland/riparian protection zone (hereinafter “protection zone” or “PZ”) adjacent to all significant wetlands and all significant riparian corridors to protect their integrity, function and value. The protection zone shall be measured from the wetland edge, the riparian corridor edge, or the top of the bank of the waterway when no riparian area is included in the corridor. The width of the protection zone shall vary according to the type of wetland/riparian corridor as listed below:

(a) The required protection zone for Type I wetland shall extend 75 feet upland from the delineated wetland edge.

(b) The required protection zone for Type II wetland shall extend 50 feet upland from the delineated wetland edge.

(c) The required protection zone for riparian corridor streams with an annual average stream flow greater than 1,000 cubic feet per second shall extend 75 feet upland from the top of bank. This provision concerns all portions of Scappoose Bay, Multnomah Channel, and the Columbia River.

(d) The required protection zone for riparian corridor streams with an average annual stream flow less than 1,000 cubic feet per second shall extend 50 feet upland from the top of bank or from the upland edge of the significant riparian area, whichever is greater. This provision concerns portions of Milton Creek, McNulty Creek and the North Fork of McNulty Creek as well as the following sections of streams and their associated riparian areas:

R-MC-5b	R-MC-13R	R-MI-22
R-MC-7R	R-MC-13L	R-MI-23R
R-MC-7L	R-MC-15	R-MI-23L
R-MC-8L	R-MC-16a	R-MI-24
R-MC-10	R-MC-16b	R-MI-26a
R-MC-12	R-MI-21	R-D-34

(Ord. 3264 § 2 (Att. A), 2021; Ord. 2890 Att. A, 2003; Ord. 2875 § 1.091.015, 2003)

17.40.020 Applicability of chapter – Site-specific determination of significant wetland, significant riparian corridor and protection zone boundaries.

(1) All those contemplating land purchase for development are urged to obtain environmental professional field delineations of wetlands and riparian corridors prior to decisions on land use and project design. The burden is on the property owner to demonstrate that the requirements of this chapter are met or are not applicable to development activity or other proposed use or alteration on the owner’s land. Accordingly, as part of any application involving land clearing, alteration or use on a site within 200 feet of a resource, an environmental assessment, prepared and certified by a qualified environmental professional showing the boundaries of the significant wetland, significant riparian corridor and protection zones on the property, is required. The EA shall be prepared at the applicant’s sole expense. Assistance from state and federal agencies is encouraged. Alternatively, the property owner may submit a sworn statement from a qualified environmental professional that no significant wetlands, significant riparian corridors or protection zones exist on the site. Environmental assessments must comply with minimum requirements in SHMC 17.40.065.

(2) Notwithstanding subsection (1) of this section, when the request is for verification of an exemption or for single-family lot of record development, the director may waive the requirement for a professionally prepared environmental assessment or statement, provided the director finds that the St. Helens zone map, resource map, combined with scaled maps provided by the applicant, or any other materials supplied by the applicant and used by the director, and a field check by the director, is sufficient to determine the location of the resource and protection zone boundaries or lack thereof on a particular site or portion thereof.

(3) The director shall incorporate findings of compliance or noncompliance with this chapter into decisions concerning development applications. Unless otherwise specified in this chapter, a decision concerning compliance with this chapter shall be made a part of the requested development application, and not a separate land use decision. If no development application is submitted, then a decision on an exception shall be a director’s decision and not a separate land use decision. A decision under this chapter which would not otherwise be a land use decision shall be made a director’s decision in accordance with the procedures in SHMC 17.24.090.

(4) Precise wetland and riparian corridor boundaries may vary from those shown in the comprehensive plan exhibit if an EA is performed and accepted by the city, applicable state agencies and verified with on-site inspection. The more precise boundaries can be mapped, staked, and used for review and development without a change in the comprehensive plan wetlands map exhibit. (Ord. 2890 Att. A, 2003; Ord. 2875 § 1.091.020, 2003)

17.40.025 Prohibitions within significant wetlands, significant riparian corridors and protection zones.

(1) All significant wetlands, significant riparian corridors and protection zones shall be protected from alteration or development activities, except as specifically provided herein.

(2) Except as set forth in the exemption, exception, or other approval authorized in this chapter, no person or entity shall alter or allow, or permit or cause to be altered, any real property designated as a significant wetland, significant riparian corridor, or a wetland/riparian protection zone.

(3) Except as set forth in the exemption, exception, or other approval authorized in this chapter, no person or entity shall use or allow, or permit or cause to be used, property designated as a significant wetland, significant riparian corridor, or wetland/riparian protection zone. (Ord. 2890 Att. A, 2003; Ord. 2875 § 1.091.025, 2003)

17.40.030 Sworn statement, verification of federal, state and local permit compliance.

Prior to any land clearing, alteration, or physical construction (other than survey work or environmental testing) on a site, the property owner and developer, if any, shall execute a sworn statement, under penalty of perjury and false swearing, that owner/developer has obtained all required federal, state, and local authorizations, permits and approvals for the proposed development, including any proposed use, or alteration of the site, including also any off-site improvements. Owner/developer shall be solely responsible for obtaining all approvals, permits, licenses, insurance, and authorizations from the responsible federal, state and local authorities, or other entities, necessary to use the property in the manner contemplated, including all authorizations necessary to perform land clearing, construction and improvement of property in the location and manner contemplated. This provision includes, specifically, a permit or statement from the National Marine Fisheries Service and/or Fish and Wildlife Service that owner’s proposed use and/or development will not take or harm any endangered or threatened species as that term is defined in applicable federal statutes and administrative rules. The city of St. Helens has no duty, responsibility or liability for requesting, obtaining, ensuring, or verifying owner/developer’s compliance with the applicable state and federal agency permit or approval requirements. Any permit or authorization granted by the city, including any exemption, exception, permit, approval or variance pursuant to the Community Development Code shall not in any way be interpreted as a waiver, modification, or grant of any state or federal agency permits or authorizations or permission to violate any state or federal law or regulation. Owner/developer shall be held strictly liable, and shall hold the city of St. Helens harmless for administrative, civil and criminal penalties for any violation of federal and state statutes, including but not limited to the Clean Water Act, Endangered Species Act and regulations implementing such laws. Nothing herein shall be interpreted as restricting or limiting the city from bringing an enforcement action under Chapter 17.12 SHMC. (Ord. 2890 Att. A, 2003; Ord. 2875 § 1.091.030, 2003)

17.40.035 Exempt activities and uses within a significant wetland, riparian corridor and protection zone.

(1) The following activities do not require a permit or authorization from the city to be conducted or to continue in a significant wetland, riparian corridor or protection zone:

(a) Public and private conservation areas for water, soil, open space, forest, and wildlife resources.

(b) Nonimpact, nonalteration, nondevelopment, recreational uses such as but not limited to sport fishing, bird watching, scientific or educational study.

(i) Alteration or removal of noxious, invasive and/or nonnative vegetation with electric or handheld (non-power-assisted) equipment.

(ii) Alteration or removal of noxious, invasive and/or nonnative vegetation by state-licensed governmental, utility and transportation carrier personnel when performed with power- or non-power-assisted equipment or chemical control, provided any chemicals used are authorized and approved for such use by the Oregon Department of Agriculture or DEQ, and provided the alteration or removal is performed only in existing rights-of-way or on other public property and is limited to areas previously altered by such means.

(d) Planting of native vegetation with non-power-assisted equipment.

(e) Minimal site investigative work required by a city, state, or federal agency, such as surveys, soil logs, percolation tests, and other similar tests.

(f) Emergency Activities. Emergency repair or other remedial actions performed by governmental or public utility workers or authorized contractors or volunteers which must be undertaken immediately, or for which there is insufficient time for full compliance with this chapter, when it is necessary to:

(i) Prevent an imminent threat to public health or safety; or

(ii) Prevent imminent danger to public or private property; or

(iii) Prevent an imminent threat of serious environmental degradation.

(g) Hazard Prevention – Tree Removal or Flood Prevention. Emergency remedial action to remove a tree or portion thereof or sandbagging for flood prevention by a property owner which must be undertaken immediately, or for which there is insufficient time for full compliance with this chapter, when it is necessary to:

(i) Prevent an imminent threat to public health or safety; or

(ii) Prevent imminent danger to public or private property; or

(iii) Prevent an imminent threat of serious environmental degradation.

(h) Legally Established Nonconformities.

(i) A use or structure legally established prior to the adoption of this chapter, which would be prohibited by this chapter or which would be subject to the limitations and controls imposed by this chapter, shall be considered a nonconforming use or structure and may continue subject to the limitations of the nonconformities chapter (Chapter 17.104 SHMC). The following nonexclusive list represents uses or structures that may continue subject to the nonconformities chapter:

(A) Maintenance and use of existing buildings and structures, including accessory structures, and maintenance and operation of equipment operating areas;

(B) Maintenance and operation of dikes, levees, ditches, drains or other facilities which were created, developed or utilized primarily as part of a drainage or diking system;

(C) Maintenance of existing, intentionally created wetlands or surface water systems, including irrigation and drainage ditches, grass-lined swales and canals, detention facilities, and landscape or ornamental amenities. Wetlands, streams, lakes, or ponds created as mitigation for violations or as consideration for approved land use activities shall be maintained in accordance with agency-approved management plans, a copy of which shall be filed with the city recorder;

(D) Maintenance and operation of existing public and private roads, streets, driveways, and utility lines, including the replacement of such improvements when located in city right-of-way or public easement;

(E) Maintenance (e.g., mowing) of ground cover vegetation.

(ii) Notwithstanding exempt status, a property owner may apply for a written determination of nonconforming use status pursuant to Chapter 17.104 SHMC. This director’s decision that the use was legally established, as well as a determination of the geographic extent, intensity, and frequency of the use, and that it otherwise complies with the nonconformities chapter is binding on the city. Without a binding nonconformity determination from the city, a property owner may be subject to enforcement action pursuant to Chapter 17.12 SHMC if the use or structure is not in compliance with the nonconformities chapter.

(i) Preexisting Approvals and Vested Rights.

(i) Applications deemed complete prior to the effective date of the ordinance codified in this chapter are protected from application of the requirements of this chapter for that development order only (not for future development orders) provided the application is processed in accordance with the time frames in the code, not to exceed 180 days.

(ii) Development orders approved prior to the effective date of the ordinance codified in this chapter shall not be considered to be in conflict with this chapter, and shall be deemed consistent with this chapter; provided, that development is continuing in good faith, pursuant to, and in strict compliance with, its approved timetable of development or, if no timetable exists, development is completed within one year of the effective date of the ordinance codified in this chapter. For example, approved subdivisions may be constructed as approved; however, future development on individual lots shall be subject to the law in effect at the time the building permit is sought. Any amendments, including timetable amendments, to an existing development order shall require full and strict compliance with the requirements of this chapter to the extent of the amendment.

(iii) “Development orders,” for purposes of this section, includes planned developments, subdivisions, and construction pursuant to site design approvals or any other development approval, permit or authorization issued pursuant to the St. Helens Community Development Code or building codes and ordinances.

(iv) Notwithstanding the above, individual lots for “vested” subdivisions or planned developments approved since the adoption of the Community Development Code in 1999 must comply with the requirements of this chapter at building permit issuance, except that contiguous lots in the same ownership shall not be required to be combined until one year after the effective date of the ordinance codified in this chapter.

(v) Any person who desires a determination as to whether rights are vested for development on a property owned by that person may submit a request for such a determination to the city council.

(j) Dredging and channel maintenance conducted under permit from the state of Oregon.

(k) Placement of signs, markers, or other similar navigation aids by a public agency.

(l) Activities conducted to protect, conserve, enhance, and maintain public recreational, scenic, historical and natural uses of public lands, including, but not limited to, installation and maintenance of educational and interpretative signage and trail improvements, including elevated boardwalks no greater than necessary to comply with ADA requirements on public property by volunteers or city employees or contractors.

(m) Alterations of buildings or structures that do not increase building coverage.

(n) Measures taken by private property owners or governmental agencies to abate identified public health or safety hazards, public nuisances, and code violations as part of informal or formal resolution of violation proceedings. (Ord. 2890 Att. A, 2003; Ord. 2875 § 1.091.035, 2003)

17.40.040 Protection zone exceptions – Limited activities and uses within the protection zone.

Unless otherwise specified, findings by the approval authority concerning whether a proposed use or activity meets the exception criteria shall be incorporated into the underlying decision on the application. If the application concerns only an exception or is part of a building permit process, it shall be made as a director’s decision in accordance with the procedures in SHMC 17.24.090, unless otherwise specified.

(1) Protection Zone Reduction (Up to 50 Percent for Undeveloped Properties). The protection zone may be reduced by the approval authority up to 50 percent where equal or better protection for identified resources will be ensured through restoration, enhancement and similar measures. Specifically the following criteria and conditions must be met to be eligible for a protection zone reduction; the applicant must demonstrate that:

(a) The application of the protection zone to the lot or parcel, as evidenced by the environmental assessment, precludes all reasonable use of the lot or parcel under the applicable zone designation and renders it not buildable, after consideration of all applicable limitations and restrictions in this code; and

(b) The lot or parcel is a “legally created lot or parcel of record” as defined in this chapter (this exception is not available for land divisions); and

(c) The lot or parcel must be combined for development purposes with contiguous lots or parcels in the same ownership on the effective date of the ordinance codified in this chapter; and

(d) The proposed development shall minimize disturbance to the protection zone by utilizing design options to minimize or reduce impacts of development: (i) multistory construction shall be used; (ii) parking spaces shall be minimized to no more than that required as a minimum for the use; (iii) no accessory structures allowed; (iv) paving shall be pervious; (v) engineering solutions shall be used to minimize additional grading and/or fill; and

(e) The proposed use or activity is designed to minimize intrusion into the protection zone. Specifically the use or activity is designed using up to a 50 percent adjustment to any dimensional standard (e.g., front yard, side yard or other setbacks, including height or lot area) to permit development as far outside or upland of the protection zone as is possible. Design shall be to the adjustment; and

(f) The protection of the significant riparian corridor and/or significant wetland can be assured through restoration, enhancement, and other similar measures in the protection zone and the resource area; and

(g) All applicable general criteria in SHMC 17.40.055, including minimum restoration and enhancement requirements, shall be met.

(2) Micro-Siting Standards for Residential Lot of Record Development. When a “legally created lot or parcel of record” as defined in this chapter is proposed to be developed for residential use and all or part of the lot or parcel is encompassed within a protection zone, the development of the lot shall be permitted subject to compliance with the following micro-siting standards:

(a) The lot or parcel must be combined for development purposes with contiguous lots or parcels in the same ownership on the effective date of the ordinance codified in this chapter; and

(b) The building footprint encroaching into the protection zone shall be limited to that which is the minimum necessary to obtain reasonable use of the property for the primary use of residential purposes. Preference in location of the building footprint shall be given to areas devoid of native vegetation; and

(c) The director or approving authority shall adjust the underlying zone setback standards to the extent necessary to reduce or minimize encroachment into the protection zone. Design shall be to this adjustment. The director or approving authority may approve up to a 50 percent adjustment to any dimensional standard (e.g., front yard, side yard or other setbacks, including height or lot area) to permit development as far outside or upland of the protection zone as is possible; and

(e) In no case shall the impervious surface area of the residential use (including building footprint, driveway, and parking areas and accessory structures) exceed 3,000 square feet or 50 percent of the protection zone on the lot or parcel, whichever is less; and

(f) Residential use is limited to detached single-family dwelling(s) or duplex as allowed by the zoning district and shall not exceed two dwelling units total; and

(g) All applicable general criteria in SHMC 17.40.055, including minimum restoration and enhancement requirements, shall be met.

(3) Micro-Siting Standards for Nonresidential Parcel of Record Development. When a “legally created lot or parcel of record” as defined in this chapter is proposed to be developed for nonresidential use and all or part of the lot or parcel is encompassed within a protection zone, the development of the lot shall be permitted subject to compliance with the following micro-siting standards:

(a) The lot or parcel must be combined for development purposes with contiguous lots or parcels in the same ownership on the effective date of the ordinance codified in this chapter; and

(b) The building footprint encroaching into the protection zone shall be limited to that which is the minimum necessary to obtain reasonable use of the property for a single use identified as permitted outright in the zoning district. Preference in location of the building footprint shall be given to areas devoid of native vegetation. The use permitted shall be of the minimum intensity necessary to obtain reasonable use of the property; and

(e) In no case shall the impervious surface area of the alteration and development footprint, including parking and accessory structures, exceed 50 percent of the protection zone on the lot or parcel, whichever is less; and

(f) All applicable general criteria in SHMC 17.40.055, including minimum restoration and enhancement requirements, shall be met.

(4) Encroachment, Where Necessary for Access to Upland Property. In conjunction with a development request, an exception shall be granted to permit access to property when the owner of the property demonstrates that encroachment of the protection zone is necessary for access to the site and no reasonable upland alternative exists. The approval authority must find that (a) the encroachment is the least damaging alternative, and (b) the encroachment is the minimum encroachment capable of providing the required access, and (c) the applicant submits an acceptable proposal for mitigation which will minimize damage to the protection zone such that there is no net loss of functions or spatial extent of the protection zone. In addition, design techniques, including but not limited to box culverts or piling support bridges, shall be used to minimize impacts on adjacent wetland and riparian resources. All applicable general criteria in SHMC 17.40.055, including minimum restoration and enhancement requirements, shall be met.

(5) Reconstruction. Reconstruction of legally established uses or structures is permitted in the same location, such as those uses or structures identified in SHMC 17.40.035(1)(h)(i)(A) through (E), as well as reconstruction of single-dwelling units and accessory structures and nonresidential structures under SHMC 17.104.040(1)(b), provided the structures, accessory structures, and uses are not expanded in geographic location (i.e., total footprint), intensity or frequency of use beyond existing established footprint boundaries; provided also, that the uses or structures were legally established, and otherwise comply with the nonconformities chapter. All applicable general criteria in SHMC 17.40.055, including minimum restoration and enhancement requirements, shall be met.

(6) Other Authorized Activities in the Protection Zone. The following uses, alteration and development activity shall be permitted in a protection zone provided the approval authority finds that proposed development uses or alterations are designed and constructed in a manner to minimize intrusion into the protection zone, and the applicant demonstrates compliance with specific requirements listed, and all applicable general criteria in SHMC 17.40.055, including minimum restoration and enhancement requirements, are met.

(a) Construction of new streets, roads and paths in public rights-of-way or easements.

(b) Construction of new drainage facilities, utilities and irrigation pumps in public rights-of-way or easements, existing or herein accepted by the city thereafter.

(c) Construction of water-related and water-dependent uses, provided removal of vegetation is limited to that necessary for the development of the water-related or water-dependent use.

(i) Water Access. Within the protection zone no development shall be permitted except to provide the property owner reasonable access to the water. Development shall be restricted to accessways running generally perpendicular to the shoreline, and such accessways shall represent the minimum alteration required for access, and shall be no greater than six feet in width. The use of heavy equipment shall be prohibited, and there shall be no temporary filling of any protection zone for access purposes.

(ii) For those properties that are designated and zoned for marine commercial use and/or industrial use, development associated with access to the water through the protection zone must be accomplished in a manner that is least disruptive to the protection zone and generally shall not exceed a width of 30 feet. The access must be accepted by the director and be for water-dependent or water-related use or an industrial development need. Where vehicle turnaround and maneuver are needed, the area of alteration shall likewise be limited to 30 feet in width. Boat entry and retrieval facilities shall be allowed. This exception shall be used only to the extent necessary to provide commercial or industrial access to the water.

(iii) For those properties that are designated and zoned for public lands and used for parks, public boat ramps, docking facilities, fishing piers, and related facilities providing benefits which exceed those lost as a result of protection zone alterations, an accessway running generally perpendicular to the shoreline shall be no greater than 30 feet in width. Where vehicle turnaround and maneuver are needed, the area of alteration shall likewise be limited to 30 feet in width. Boat entry and retrieval facilities shall be allowed. Public use shall demonstrate the need for direct water access in any proposal for protection zone clearing under this subsection. This exception shall be used only to the extent necessary to provide public access to the water.

(d) Alteration or removal of noxious, invasive and/or nonnative vegetation with power-assisted equipment or machinery, or chemical control, provided any chemicals used are authorized and approved for such use by the Oregon Department of Agriculture or DEQ, upon a finding that the noxious plant infestation is extensive.

(e) Planting of native vegetation when planted with power-assisted equipment or machinery.

(f) Nonemergency Activities. Repair or other remedial actions performed by governmental or public utility workers or their agents when it is necessary to:

(i) Prevent a threat to public health or safety; or

(ii) Prevent danger to public or private property; or

(iii) Prevent a threat of serious environmental degradation; or

(iv) Complete cleanup of contaminated properties.

(g) Tree Removal for Hazard Prevention. Remedial action to remove a tree or portion thereof by a property owner which must be undertaken to:

(i) Prevent a threat to public health or safety; or

(ii) Prevent danger to public or private property; or

(iii) Prevent a threat of serious environmental degradation.

(h) Construction of new accessory uses or structure(s) or expansion of existing uses or primary structure shall:

(i) Strictly comply with applicable standards of the Community Development Code, including specifically Chapter 17.124 SHMC; and

(ii) Strictly comply with all applicable general criteria in SHMC 17.40.055, including restoration and enhancement requirements at three-to-one area ratio. (Ord. 3264 § 2 (Att. A), 2021; Ord. 2890 Att. A, 2003; Ord. 2875 § 1.091.040, 2003)

17.40.045 Resource exceptions – Limited activities and uses within significant wetlands, significant riparian corridors (resource areas).

Unless otherwise specified, findings concerning whether a proposed use or activity meets the exception criteria shall be incorporated into the underlying decision on the application. If the application concerns only an exception it shall be made as a director’s decision in accordance with the procedures in SHMC 17.24.090, unless otherwise specified.

(1) Micro-Siting for Residential Lot of Record Development. When a “legally created lot or parcel of record” as defined in this chapter is proposed to be developed for residential use and all or part of the lot or parcel is encompassed within a significant wetland or riparian corridor, minimum development of the lot necessary to avoid a taking claim shall be permitted subject to compliance with the following micro-siting standards:

(a) The lot or parcel must be combined for development purposes with contiguous lots or parcels in the same ownership on the effective date of the ordinance codified in this chapter; and

(b) The building footprint encroaching into the resource area shall be limited to that which is the minimum necessary to obtain reasonable use of the property for the primary use of residential purposes. The application of the resource and protection zone to the lot or parcel, as evidenced by the environmental assessment, precludes all reasonable use of the parcel under the applicable zone designation and renders it not buildable, after consideration of all applicable limitations and restrictions in this code; and

(d) The director or approving authority shall adjust the underlying zone setback standards to the extent necessary to reduce or minimize encroachment into the resource area and protection zone. Design shall be held to this adjustment. The director or approving authority may approve up to a 75 percent adjustment to any dimensional standard (e.g., front yard, side yard or other setbacks, including height or lot area) to permit development as far outside or upland of the protection zone as is possible; and

(e) The proposed development shall minimize disturbance to the resource area and protection zone by utilizing design options to minimize or reduce impacts of development including but not limited to multistory construction, minimizing parking, garage space, and paving and use of retaining walls or other engineering solutions to minimize filling and grading; and

(f) In no case shall the impervious surface area of the residential use (including building footprint, driveway, and parking areas and accessory structures) exceed 3,000 square feet or 50 percent of the resource area and protection zone on the lot or parcel, whichever is less; and

(g) Residential use is limited to detached single-family dwelling(s) or duplex as allowed by the zoning district and shall not exceed two dwelling units total; and

(h) All applicable general criteria in SHMC 17.40.055, including minimum restoration and enhancement requirements at two-to-one area ratio, shall be met.

(2) Micro-Siting for Nonresidential Parcel of Record Development. When a “legally created lot or parcel of record” as defined in this chapter is proposed to be developed for nonresidential uses and all or part of the lot or parcel is encompassed within a significant wetland or riparian corridor, minimum development of the lot necessary to avoid a taking claim shall be permitted subject to compliance with the following micro-siting standards:

(a) The lot or parcel must be combined for development purposes with contiguous lots or parcels in the same ownership on the effective date of the ordinance codified in this chapter; and

(b) The building footprint encroaching into the protection zone shall be limited to that which is the minimum necessary to obtain reasonable use of the property for a single use identified as permitted outright in the zoning district. The application of the resource and protection zone to the lot or parcel, as evidenced by the environmental assessment, precludes all reasonable use of the parcel under the applicable zone designation and renders it not buildable, after consideration of all applicable limitations and restrictions in this code. Preference in location of the building footprint shall be given to areas devoid of native vegetation. The use permitted shall be of the minimum intensity necessary to obtain reasonable use of the property; and

(c) The director or approving authority shall adjust the underlying zone setback standards to the extent necessary to reduce or minimize encroachment into the protection zone. Design shall be to this adjustment. The director or approving authority may approve up to a 75 percent adjustment to any dimensional standard (e.g., front yard, side yard or other setbacks, including height or lot area) to permit development as far outside or upland of the resource area and protection zone as is possible; and

(d) The proposed development shall minimize disturbance to the protection zone by utilizing design options to minimize or reduce impacts of development including but not limited to multistory construction, minimizing parking and accessory structures and use of retaining walls or other engineering solutions to minimize filling and grading; and

(e) In no case shall the impervious surface area of the alteration and development footprint, including parking and accessory structures, exceed 50 percent of the resource and protection zone on the lot or parcel; and

(f) All applicable general criteria in SHMC 17.40.055, including minimum restoration and enhancement requirements at two-to-one area ratio, shall be met.

(3) Encroachment (Necessary for Access to Upland Property). An exception shall be granted to permit access to property when the owner of the property demonstrates that encroachment of the significant wetland or riparian corridor and protection zone is necessary for access to the site and no reasonable upland alternative exists. The approval authority must find that (a) the encroachment is the least damaging alternative, and (b) the encroachment is the minimum encroachment capable of providing the required access, and (c) the applicant submits an acceptable proposal for mitigation which will minimize damage to the protection zone such that there is no net loss of functions or spatial extent of the significant wetland, riparian corridor and protection zone. In addition, design techniques, including but not limited to box culverts or piling support bridges, shall be used to minimize impacts on adjacent wetland and riparian resources. All applicable general criteria in SHMC 17.40.055, including minimum restoration and enhancement requirements, shall be met.

(4) Reconstruction. Reconstruction of legally established uses or structures in the same location or such as those uses or structures identified in SHMC 17.40.035(1)(h)(i)(A) through (E), as well as reconstruction of single-dwelling units and accessory structures and nonresidential structures under SHMC 17.104.040(1)(b), provided the structures, accessory structures, and uses are not expanded in geographic location (i.e., total footprint) intensity or frequency of use beyond existing established boundaries; provided also, that the uses or structures were legally established and otherwise comply with the nonconformities chapter; provided further, that all applicable general criteria in SHMC 17.40.055, including minimum restoration and enhancement requirements, shall be met.

(5) Other Authorized Activities in the Significant Wetland and Riparian Corridor. The following uses, alteration and development activity shall be permitted in a significant wetland and riparian corridor provided the approving authority finds that proposed development uses or alterations are designed and constructed in a manner to minimize intrusion into the wetland, riparian corridor and protection zone, and the applicant demonstrates compliance with specific requirements listed, and all applicable general criteria in SHMC 17.40.055, including minimum restoration and enhancement requirements at two-to-one area ratio, are met.

(a) Construction of new streets, roads and paths in public rights-of-way or easements.

(b) Construction of new drainage facilities, utilities and irrigation pumps in public rights-of-way or easements.

(c) Construction of water-related and water-dependent uses, provided removal of vegetation is limited to that necessary for the development of the water-related or water-dependent use.

(i) Water Access. Within the riparian corridor no development shall be permitted except to provide the property owner reasonable access to the water. Development shall be restricted to accessways running perpendicular to the shoreline, and such accessways shall represent the minimum alteration required for access, and shall be no greater than six feet in width. The use of heavy equipment shall be prohibited, and there shall be no temporary filling of any protection zone for access purposes.

(ii) For those properties that are designated and zoned for marine commercial use and/or industrial use, development associated with access to the water through the riparian corridor and protection zone must be accomplished in a manner that is least disruptive to the riparian corridor and protection zone and generally shall not exceed a width of 30 feet. The access must be accepted by the director or approving authority and provide for either a public commercial benefit or an industrial development need. Where vehicle turnaround and maneuver are needed, the area of alteration shall likewise be limited to 30 feet in width as with the approach road, but they may be designed to be contiguous with the accessway. Boat entry and retrieval facilities shall be allowed. This exception shall be used only to the extent necessary to provide commercial or industrial access to the water.

(iii) For those properties that are designated and zoned for public lands and used for parks, public boat ramps, docking facilities, fishing piers, and related facilities providing benefits which exceed those lost as a result of riparian corridor and protection zone alterations, an accessway running generally perpendicular to the shoreline shall be no greater than 30 feet in width. Where vehicle turnaround and maneuver are needed, the area of alteration shall likewise be limited to 30 feet in width as with the approach road, but they may be designed to be contiguous with the accessway. Boat entry and retrieval facilities shall be allowed. Public use shall demonstrate the need for direct water access in any proposal for riparian corridor and protection zone clearing under this subsection. This exception shall be used only to the extent necessary to provide public access to the water.

(iv) Construction of docks or structures in waterways shall comply with SHMC 17.40.055.

(e) Planting of native vegetation when planted with power-assisted equipment or machinery.

(f) Nonemergency Activities. Repair or other remedial actions performed by governmental or public utility workers when it is necessary to:

(i) Prevent a threat to public health or safety; or

(ii) Prevent danger to public or private property; or

(iii) Prevent a threat of serious environmental degradation.

(g) Tree Removal for Hazard Prevention. Remedial action to remove a tree or portion thereof by a property owner which must be undertaken to:

(i) Prevent a threat to public health or safety; or

(ii) Prevent danger to public or private property; or

(iii) Prevent a threat of serious environmental degradation. (Ord. 3264 § 2 (Att. A), 2021; Ord. 2890 Att. A, 2003; Ord. 2875 § 1.091.045, 2003)

17.40.050 Additional requirements for land divisions and new development.

(1) Density Transfer. Except as provided below, residential density transfer shall not be available.

(a) Residential density transfer within the same property, or within contiguous properties within the same ownership, shall be permitted for planned development with a development agreement pursuant to ORS Chapter 94, subject to the following:

(i) Density Bonus. The maximum gross density for the buildable area of the site shall not exceed 150 percent of the maximum density allowed by the underlying zoning district for that buildable area notwithstanding Chapter 17.56 SHMC.

(2) Design Standards. Except as provided below, significant wetlands, significant riparian corridors and protection zones shall not be permitted as part of individual lots or new streets or infrastructure areas and shall be made part of separate preservation tracts to be managed by a homeowners association or other entity responsible for preservation.

(a) Protection zones may be made part of individual lots and protection zones may vary in width provided average protection zone width complies with this chapter in planned developments with a development agreement pursuant to ORS Chapter 94, provided additional protection zones or off-site mitigation over the minimum standard is provided as consideration for such flexibility.

(b) For parcels created by land partition per Chapter 17.140 SHMC, significant wetlands, significant riparian corridors and protection zones may be part of a parcel if:

(i) The parcel’s area excluding the significant wetlands, significant riparian corridors and/or protection zone meets the minimum size and dimension requirements of the zoning district; and

(ii) A conservation easement benefiting the City of St. Helens shall be required for the portions of the parcel containing the significant wetlands, significant riparian corridors and/or protection zone. The easement shall be depicted on and incorporated into the recorded plat of the partition.

(3) A development agreement entered into pursuant to ORS Chapter 94, and in accordance with city requirements may be used where a planned development is not available to achieve flexibility in design standards, density transfer, and density bonuses as discussed in subsections (1) and (2) of this section. (Ord. 3264 § 2 (Att. A), 2021; Ord. 2890 Att. A, 2003; Ord. 2875 § 1.091.050, 2003)

17.40.055 General criteria for exceptions and other approvals.

The appropriate approval authority shall approve or approve with conditions an application request within a significant wetland, significant riparian corridor or protection zone based upon findings that all of the following criteria have been satisfied and the conditions herein are imposed:

(1) The extent and nature of the proposed alteration or development will not create site disturbances to an extent greater than the minimum required for the use;

(2) No loss of wetland/riparian area and function:

(a) Any wetland or riparian area alteration permitted through an exception or other approval shall be mitigated to ensure that there is no net loss of functions or the spatial extent of wetlands or riparian area within the city of St. Helens;

(b) Any encroachment or change in on-site or off-site drainage which would adversely impact wetland or riparian characteristics have been mitigated;

(3) Where natural vegetation has been removed due to alteration or development, erosion control provisions of the Community Development Code and “Engineering Department Public Facility Construction Standards Manual” shall be met;

(4) All applicable sensitive lands requirements of Chapter 17.44 SHMC have been met;

(5) Copies of all state and federal permit applications shall be submitted with development applications requiring compliance with this chapter. All required state and federal permits shall be obtained and copies provided to the city of St. Helens prior to alteration of the site;

(6) The protection of the significant riparian corridor or significant wetland can be assured through restoration, enhancement, and other similar measures in the protection zone and the resource area. The following minimum restoration and enhancement shall be required as a condition of approval:

(a) The applicant shall enter into a two-year contract for installation and maintenance of plant materials with the city. Financial security in an amount not less than 110 percent of the cost estimate for installation shall be provided. Within the time specified in the contract, the applicant shall remove noxious vegetation and restore or enhance with native plant materials and other approved resource enhancements all required portions of the protection or resource zone on the site, as well as restoration and enhancement in any associated contiguous resource area under the applicant’s ownership or control;

(b) Restoration and enhancement shall be on a 1:1 area basis or such greater ratios as specified in this chapter for the requested activity. Thus, at a minimum, for every 100 square feet of protection zone or resource area that is altered or used for development purposes, at least 100 square feet of the available remaining resource area and/or protection zone shall be enhanced or restored. Priority shall be given to removal of noxious vegetation and planting of native plant materials, including ground cover, under-story and canopy, in nonvegetated areas or areas where noxious plant species are removed. The number and type of plant materials shall be specified in the contract but shall at a minimum comply with the following requirements:

(i) Only plant materials approved by the director shall be installed in the protection zone or the resource areas. Plant materials shall be of high quality;

(ii) No noxious plants shall be installed and existing noxious materials shall be removed;

(iii) Plant materials shall consist of ground cover, under-story and canopy materials and shall be located in such a manner to maximize enhancement and restoration of the resource area and the protection zone, with particular emphasis on temperature reduction of watercourses, erosion control, and wildlife habitat enhancement;

(iv) Installation standards within the required enhancement area be as follows:

(A) Ground cover shall be hydro-seeded or planted at two-foot intervals or such other interval established by the approval authority as sufficient to attain coverage of the required area within the two-year contract period;

(B) Under-story shall be minimum one-gallon materials planted at six-foot intervals or such other interval approved by the approval authority as sufficient to attain adequate coverage within the two-year contract period;

(C) Canopy trees shall be planted at 20-foot intervals or such other interval as required to install all materials required for tree mitigation pursuant to the tree mitigation requirements of the Community Development Code;

(D) Additional materials or other habitat enhancements are encouraged;

(v) As a condition of approval the applicant shall implement a management plan for the entire protection zone and resource areas under the applicant’s ownership or control, including the areas restored and enhanced. The management plan must be approved by the city and shall be attached to the approval document. The management plan shall contain the following requirements and statements:

(A) Identification of resource and protection zone management practices to be conducted and proposed intervals;

(B) Provisions for the perpetual maintenance of protection zone and resource areas by a responsible party;

(D) Plans for the restoration and enhancement of any resource or protection areas with appropriate native plant material;

(E) Provisions for the protection of protected plant and animal species in accordance with recommendations from applicable state and federal agencies;

(F) Provision for protective barriers around all trees and vegetation to be saved in accordance with minimum city standards, and prohibiting all activity within these areas during construction;

(G) Specific provisions for city enforcement of the management plan as contained in the city-approved sample management plan;

(H) Any additional measures deemed necessary to protect and maintain the functions and values of the wetlands, riparian corridors and protection zones (e.g., signage delineating preserve boundaries);

(I) The following statements:

1. “There shall be no alteration of significant wetlands, riparian corridors or protection zones as delineated and shown on the attached plan” [attach reduced plan];

2. “There shall be no alteration of the size, shape or design of an approved protection area or resource area without the approval by the City of St. Helens” (modification to original permit);

3. “There shall be no amendment or change to this Management Plan without the approval of the City of St. Helens” (modification to original permit);

(c) The exception or other approval document shall be recorded in the public records to give notice of the protection zone and resource area restrictions and maintenance obligations and to ensure no further encroachment into the protection zone and resource area occurs;

(d) The applicant may dedicate a conservation easement or equivalent protection instrument to the city, homeowners association or a conservation organization, provided the form of the instrument is approved by the city attorney and accepted by the council, if offered. Applicants should consult with their legal counsel or tax professionals about the tax advantages of conservation easements;

(e) The director or approval authority may impose such additional reasonable conditions to mitigate other identified impacts resulting from development on the site. (Ord. 2890 Att. A, 2003; Ord. 2875 § 1.091.055, 2003)

17.40.060 Administration and approval processes.

Administration and approval processes shall be as set forth in Chapter 17.44 SHMC for other sensitive lands. (Ord. 2890 Att. A, 2003; Ord. 2875 § 1.091.060, 2003)

17.40.065 Application requirements.

Application requirements shall be as set forth in Chapter 17.44 SHMC for other sensitive lands, except that an environmental assessment (EA), as defined below, shall be required in addition to other application requirements.

(1) Minimum Requirement for Environmental Assessment. The EA shall include the following information:

(a) Vicinity map;

(b) Site designated on St. Helens local wetland inventory (LWI) map and/or riparian corridor map;

(c) The wetland/riparian corridor boundary must be accurately drawn at an appropriate engineering scale of one inch equals 400 feet or larger. Existing features must be distinguished from proposed features. The map must show:

(i) Site boundary property lines and roads;

(ii) Property lines, rights-of-way, easements, etc.;

(iii) Existing physical features of the site including buildings, fences, and other structures, roads, parking lots, utilities, water bodies, etc.;

(iv) Contours at the smallest readily available intervals, preferably at two-foot intervals;

(v) Delineated boundaries of wetlands, tops-of-bank, steep slopes, and protection zone;

(vi) Hydrologic mapping showing patterns of surface water movement into, through, and out of the site area; and

(vii) Location of all test holes and vegetation sample sites, numbers to correspond with flagging in the field and field data sheets.

(2) Where environmental impacts may be significant, an aerial photo with overlays displaying the site boundaries and wetland and protection zone/delineation may be required. Generally, an orthophotograph at a scale of one inch equals 400 feet or greater should be used. If an orthophotograph is not available a smaller scale aerial photograph enlarged to one inch equals 400 feet may be used.

The EA narrative shall describe the following:

(a) Location information including legal description and address;

(b) Methodology used for delineation of wetlands, tops-of-bank, steep slopes, and protection zone;

(d) Specific descriptions of plant communities, soils, and hydrology; and

(e) Wetland field data sheets, numbered to correspond with sample site locations as staked and flagged in the field.

(3) Supplemental EA requirements for all new land division and vacant land development applications (excluding lot of record exceptions) and such other applications when such additional information is required by the director pursuant to SHMC 17.40.070.

The EA report shall include an analysis of significant adverse impacts to the wetland and riparian corridor functions and values. The impact analysis is based on the resource functions and values identified in the local wetland inventory and riparian inventory reports. Potential impacts may include (but are not limited to) loss of flood storage potential, loss of wildlife habitat, loss of species diversity or quantity, changes in water quality, any increase in human intrusion, and impacts on associated wetland or water resources. To the extent that the wetlands and/or riparian corridors are part of a larger natural system such as a watershed, the evaluation must also consider the cumulative impacts on that system. An impact analysis shall include: identification, by characteristics and quantity, of the resources and the resource functions and values found on the site.

(4) Evaluation of alternative locations, design modifications, or alternative methods of development that avoid significant adverse impacts to identified resource functions and values. Such measures to avoid or reduce impacts may include:

(a) Limiting the degree or magnitude of the proposed activity;

(b) Limiting the implementation of the proposed activity;

(d) Taking affirmative steps to avoid or minimize impacts; and

(e) Design, siting, or construction of proposed activities so as to avoid potential impacts to wetlands, riparian corridors, and steep slopes.

(5) Determination of the alternative that best meets the applicable approval criteria and determination of unavoidable impacts.

(6) The report shall contain an analysis of recommended measures to avoid significant adverse impacts to wetlands/riparian corridors and their associated protection zones and an identification of impacts that cannot be avoided or reduced.

The report shall contain:

(a) Recommended measures to mitigate unavoidable adverse impacts to wetlands/riparian corridors and their associated protection zones;

(b) A mitigation plan shall include, at a minimum:

(i) A description of the resources and the resource functions and values to be restored, created, or enhanced on the mitigation site;

(ii) A plan showing proposed disturbance limits; location, species, and size of proposed plantings; location, size, and details of other proposed mitigation measures; storm water management and erosion control features; and construction management measures;

(c) Documentation of coordination with appropriate local, regional, special district, state, and federal regulatory agencies;

(d) Construction timetables;

(e) Operations and maintenance practices;

(f) Monitoring and evaluation procedures; and

(g) Remedial actions for unsuccessful mitigation. (Ord. 2890 Att. A, 2003; Ord. 2875 § 1.091.065, 2003)

17.40.070 Additional information required and waiver of requirements.

(1) The director may require information in addition to that required by this chapter in accordance with SHMC 17.24.080.

(2) The director may waive a specific requirement for information in accordance with SHMC 17.24.080(2) and (3). (Ord. 2890 Att. A, 2003; Ord. 2875 § 1.091.070, 2003)

17.40.075 Claims requirement.

(1) Takings. The regulations of this chapter shall not be construed or applied so as to prevent all reasonable use of property and constitute a taking of property without just compensation. Any property owner who believes the regulations in this chapter as applied or facially constitute a taking shall petition the city council for relief as part of a timely appeal of a land use action in which this chapter is applied. Any relief granted in an individual case shall constitute the minimum necessary to allow reasonable use of and to avoid a taking of the affected property.

(2) Vested Rights. Any person who desires a determination as to whether rights are vested for development on a property owned by that person shall submit a request for such a vested rights determination to the city council as part of a timely appeal of a land use action in which this chapter is applied. Said application shall address the standards for vested rights as provided in statutory and case law and shall include supporting documentation. Applications shall specify with particularity the governmental authorizations or approvals relied upon and shall document all expenditures alleged to be made in reliance on said authorizations or approvals. (Ord. 2890 Att. A, 2003; Ord. 2875 § 1.091.075, 2003)