Chapter 17.44
SENSITIVE LANDS
Sections:
17.44.015 Permitted and conditional use – Permit requirements.
17.44.020 Administration and approval process.
17.44.025 Maintenance of records.
17.44.028 General provisions for wetlands.
17.44.030 Expiration of approval – Standards for extension of time.
17.44.050 Application submission requirements.
17.44.060 Additional information required and waiver of requirements.
17.44.010 Purpose.
(1) Sensitive lands are lands potentially unsuitable for development because of their location within:
(a) The 100-year floodplain per the Federal Emergency Management Agency (FEMA) map;
(b) Natural drainageways;
(c) Wetland areas which are regulated by the other agencies including the U.S. Army Corps of Engineers and the Division of State Lands, and/or are designated as significant wetland on the St. Helens comprehensive plan floodplain and local wetlands inventory maps;
(d) Steep slopes of 25 percent or greater and unstable ground;
(e) Fish and wildlife habitats as listed in acknowledged comprehensive plan;
(f) Archaeologically designated sites or culturally designated sites as listed in acknowledged comprehensive plan;
(g) State and federal threatened/endangered species habitats as listed by the applicable authority; and
(h) Open space/open space design review areas shown on the comprehensive plan map.
(2) Sensitive land areas are designated as such to protect the public health, safety, and welfare of the community through the regulation of these sensitive land areas.
(3) Sensitive land regulations contained in this chapter are intended to maintain the integrity of the rivers, streams, and creeks in St. Helens by minimizing erosion, promoting bank stability, maintaining and enhancing water quality and fish and wildlife habitats, and preserving scenic quality and recreation potential.
(4) The regulations of this chapter are intended to implement the comprehensive plan and the city’s floodplain management program as required by the National Flood Insurance Program, and help to preserve natural sensitive land areas from encroaching use.
All development within a floodplain or floodway or that may directly impact a floodplain or floodway shall follow the rules as stated in Chapter 17.46 SHMC. (Ord. 3031 Att. A, 2007; Ord. 2875 § 1.092.010, 2003)
17.44.015 Permitted and conditional use – Permit requirements.
(1) All uses are conditioned on obtaining a permit except:
The following listed uses are outright permitted uses within slopes that are 25 percent or greater, and unstable ground when the use does not involve paving. No permit is required for permitted use. For the purposes of this chapter, the word “structure” shall exclude: children’s play equipment, picnic tables, sand boxes, grills, basketball hoops and similar recreational equipment.
(a) Public and private conservation areas for water, soil, open space, forest, and wildlife resources; and
(b) Removal of invasive/exotic/nonnative vegetation (e.g., poison oak, tansy ragwort, blackberry) as determined by the director.
(2) Administrative Sensitive Lands Permit.
(a) Administrative sensitive lands permits in drainageways, slopes that are 25 percent or greater, and unstable ground shall be obtained from the appropriate authority for the following:
(i) The city engineer shall review the installation of public support facilities such as underground utilities and construction of roadway improvements including sidewalks, curbs, streetlights, and driveway aprons;
(ii) The city engineer shall review minimal ground disturbance(s) or landform alterations involving zero to 50 cubic yards of material for land that is within public easements and rights-of-way;
(iii) The director shall review minimal ground disturbance(s) or landform alterations involving zero to 50 cubic yards of material;
(iv) The director shall review the repair, reconstruction, or improvement of an existing structure or utility in sensitive lands, the cost of which is less than 50 percent of the market value of the structure prior to the improvement or the damage requiring reconstruction;
(v) The director shall review all building permits for any construction in sensitive lands; see Chapter 17.116 SHMC, Temporary Uses; and
(vi) The director shall review applications for paving on private property in sensitive lands.
(b) The responsible authority shall approve, approve with conditions, or deny an application for a development permit, as described in subsection (2)(a) of this section, based on the standards set forth in SHMC 17.44.040.
(3) Jurisdictional Wetlands. See Chapter 17.40 SHMC.
(4) Sensitive Lands Permits Issued by the Director.
(a) The director shall have the authority to issue a sensitive lands permit in the following areas:
(i) Drainageways;
(ii) Slopes that are 25 percent or greater or unstable ground; and
(iii) Wetland areas.
(b) Sensitive lands permits shall be required for the areas in subsection (4)(a) of this section when any of the following circumstances apply:
(i) Ground disturbance(s) or landform alterations;
(ii) Repair, reconstruction, or improvement of an existing structure or utility, the cost of which equals or exceeds 50 percent of the market value of the structure prior to the improvement or the damage requiring reconstruction;
(iii) Residential and nonresidential structures intended for human habitation; and
(iv) Accessory structures.
(c) Cultural sites.
(5) Sensitive Lands Permits Issued by the Planning Commission.
(a) Fish and wildlife habitats as listed.
(b) State and federal threatened/endangered species habitats as listed.
(c) Open space design review.
(6) Except as explicitly authorized by other provisions of this chapter, all other uses are prohibited on sensitive land areas.
(7) A use established prior to the adoption of the ordinance codified in this code, 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. Nonconforming uses shall be subject to the provisions of Chapter 17.104 SHMC.
(8) Threatened and endangered species habitats and areas also need permission of appropriate agency(ies). (Ord. 3031 Att. A, 2007; Ord. 2890 Att. A, 2003; Ord. 2875 § 1.092.015, 2003)
17.44.020 Administration and approval process.
(1) The applicant for a sensitive lands permit shall be the recorded owner of the property or an agent authorized in writing by the owner.
(2) A preapplication conference with city staff is required. (See SHMC 17.24.040.) If uncertainty exists in regards to the location or configuration of wetland areas, staff shall make an on-site inspection prior to an application being initiated to review the nature and extent of the resource. If necessary, assistance from state and federal agencies shall be sought to provide the applicant additional information.
(3) Due to possible changes in state statutes, or regional or local policy, information given by staff to the applicant during the preapplication conference is valid for not more than six months:
(a) Another preapplication conference is required if any variance application is submitted more than six months after the preapplication conference; and
(b) Failure of the director to provide any of the information required by this chapter shall not constitute a waiver of the standards, criteria or requirements of the application.
(4) The appropriate authority shall approve, approve with conditions, or deny an application for an administrative sensitive lands permit within drainageways, slopes that are 25 percent or greater, and unstable ground as set forth in SHMC 17.44.015(2).
(5) The director shall approve, approve with conditions, or deny an application for a sensitive lands permit as set forth in SHMC 17.44.015(4). The decision made by the director may be appealed to the planning commission as provided by SHMC 17.24.310.
(6) The appropriate approval authority shall review all sensitive lands permit applications to determine that all necessary permits shall be obtained from those federal, state, or local governmental agencies from which prior approval is also required.
(7) The appropriate approval authority shall apply the standards set forth in SHMC 17.44.040 and Chapter 17.46 SHMC when reviewing an application for a sensitive lands permit.
(8) The director shall give notice of applications to be heard by the planning commission as provided by SHMC 17.24.130.
(9) The director shall mail notice of sensitive lands application decisions in SHMC 17.44.015(4) and (5) to the persons entitled to notice under SHMC 17.24.120. (Ord. 3031 Att. A, 2007; Ord. 2875 § 1.092.020, 2003)
17.44.025 Maintenance of records.
The director shall maintain for public inspection all records pertaining to the provisions in this chapter. (Ord. 3031 Att. A, 2007; Ord. 2875 § 1.092.025, 2003)
17.44.026 General provisions for floodplain areas.
Repealed by Ord. 3031. (Ord. 2875 § 1.092.026, 2003)
17.44.028 General provisions for wetlands.
See Chapter 17.40 SHMC. (Ord. 3031 Att. A, 2007; Ord. 2890 Att. A, 2003; Ord. 2875 § 1.092.028, 2003)
17.44.030 Expiration of approval – Standards for extension of time.
(1) Approval of a sensitive lands permit shall be void if:
(a) Substantial construction of the approved plan has not begun within a one-and-one-half-year period; or
(b) Construction on the site is a departure from the approved plan.
(2) The director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year; provided, that:
(a) No changes are made on the original plan as approved by the approval authority;
(b) The applicant can show intent of initiating construction of the site within the one-year extension period; and
(c) There have been no changes to the applicable comprehensive plan policies and ordinance provisions on which the approval was based.
(3) Notice of the decision shall be provided to the applicant. The director’s decision may be appealed by the applicant as provided by SHMC 17.24.310. (Ord. 3031 Att. A, 2007; Ord. 2875 § 1.092.030, 2003)
17.44.040 Approval standards.
(1) The appropriate approval authority shall approve or approve with conditions an application request for a sensitive lands permit on slopes of 25 percent or greater or unstable ground in SHMC 17.44.015(2) and (4) based upon findings that all of the following criteria have been satisfied:
(a) The extent and nature of the proposed landform alteration or development will not create site disturbances to an extent greater than that required for the use;
(b) The proposed landform alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property;
(c) The structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl space areas for development with any of the following soil conditions: wet/high-water table; high shrink-swell capability; compressible/organic; and shallow depth-to-bedrock; and
(d) Where natural vegetation has been removed due to landform alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 17.72 SHMC.
(2) The appropriate approval authority shall approve or approve with conditions an application request for a sensitive lands permit within drainageways in SHMC 17.44.015(2) and (4) based upon findings that all of the following criteria have been satisfied:
(a) The extent and nature of the proposed landform alteration or development will not create site disturbances to the extent greater than that required for the use;
(b) The proposed landform alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property;
(c) The water flow capacity of the drainageway is not decreased;
(d) Where natural vegetation has been removed due to landform alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 17.72 SHMC;
(e) The drainageway will be replaced by a public facility of adequate size to accommodate maximum flow in accordance with the adopted 1999 Master Drainage Plan; and
(f) The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained.
(3) See Chapter 17.40 SHMC.
(4) The director shall approve or approve with conditions an application request for a sensitive lands permit within fish and wildlife habitats in SHMC 17.44.015(5) based upon findings that all of the following criteria have been satisfied:
(a) The proposed landform alteration or development is not within fish and wildlife habitats as listed;
(b) The extent and nature of the proposed landform alteration or development will not create site disturbances to an extent greater than the minimum required for the use; and
(c) All other sensitive lands requirements of this chapter have been met.
(5) The director shall approve or approve with conditions an application request for a sensitive lands permit within cultural areas and sites in SHMC 17.36.015(1) based upon findings that all of the following criteria have been satisfied:
(a) Applicable state regulations/permits; and
(b) All requirements of a full site development review have been met.
(6) The director shall, within state and federal ESA habitats, require the applicant to obtain permission of state and federal authorities to grant permission to disturb this area.
(7) The director shall require a site development review for any alterations or development requests on lands designated as OS/SR or UOS. (Ord. 3031 Att. A, 2007; Ord. 2890 Att. A, 2003; Ord. 2875 § 1.092.040, 2003)
17.44.050 Application submission requirements.
(1) All applications for uses and activities identified in SHMC 17.44.015(2) through (5) shall be made on forms provided by the director and shall be accompanied by:
(a) Copies of the sensitive lands permit proposal and necessary data or narrative which explains how the proposal conforms to the standards (number to be determined at the preapplication conference) and:
(i) The scale for the site plan(s) shall be a standard engineering scale; and
(ii) All drawings or structure elevations or floor plans shall be a standard architectural scale, being one-fourth-inch or one-eighth-inch to the foot.
(b) The required fee.
(2) The required information may be combined on one map.
(3) The site plan(s), data and narrative shall include the following:
(a) An existing site conditions analysis, SHMC 17.44.070;
(b) A site plan, SHMC 17.44.080;
(c) A grading plan, SHMC 17.44.090; and
(d) A landscaping plan, SHMC 17.44.100. (Ord. 3031 Att. A, 2007; Ord. 2875 § 1.092.050, 2003)
17.44.060 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. 3031 Att. A, 2007; Ord. 2875 § 1.092.060, 2003)
17.44.070 Site conditions.
The site analysis drawings shall include:
(1) A vicinity map showing streets and access points, pedestrian and bicycle pathways, and utility locations;
(2) The site size and its dimensions;
(3) Contour lines at two-foot intervals for grades zero to 10 percent and five-foot intervals for grades over 10 percent;
(4) The location of drainage patterns and drainage courses;
(5) The location of natural hazard areas including:
(a) Floodplain areas (100-year floodplain and floodway);
(b) Slopes in excess of 25 percent;
(c) Unstable ground (areas subject to slumping, earth slides or movement);
(d) Areas having a high seasonal water table within 24 inches of the surface for three or more weeks of the year;
(e) Areas having a severe soil erosion potential, or as defined by the Soil Conservation Service; and
(f) Areas having severe weak foundation soils;
(6) The location of resource areas as shown on the comprehensive plan inventory map and as required in Chapter 17.46 SHMC including:
(a) Wildlife habitat; and
(b) Wetlands;
(7) The location of site features including:
(a) Rock outcroppings; and
(b) Trees with six inches caliper or greater measured four feet from ground level;
(8) The location of existing structures on the site and proposed use of those structures. (Ord. 3031 Att. A, 2007; Ord. 2875 § 1.092.070, 2003)
17.44.080 The site plan.
The proposed site development plan shall be at the same scale as the site analysis plan and shall include the following information:
(1) The proposed site and surrounding properties;
(2) Contour line intervals (see SHMC 17.44.070(3));
(3) The location, dimensions, and names of all:
(a) Existing and platted streets and other public ways and easements on the site and on adjoining properties; and
(b) Proposed streets or other public ways and easements on the site.
(4) The location and dimension of:
(a) Entrances and exits on the site;
(b) Parking and traffic circulation areas;
(c) Loading and services areas;
(d) Pedestrian and bicycle facilities;
(e) Outdoor common areas; and
(f) Utilities.
(5) The location, dimensions, and setback distances of all:
(a) Existing structures, improvements, and utilities which are located on adjacent property and are permanent in nature; and
(b) Proposed structures, improvements, and utilities on the site.
(6) The location of areas to be landscaped;
(7) The concept locations of proposed utility lines; and
(8) The method for mitigating any adverse impacts upon wetland, riparian, or wildlife habitat areas. (Ord. 3031 Att. A, 2007; Ord. 2875 § 1.092.080, 2003)
17.44.090 Grading plan.
The site plan shall include a grading plan which contains the following information:
(1) Requirements in SHMC 17.44.070 and 17.44.080;
(2) The identification and location of the benchmark and corresponding datum;
(3) Location and extent to which grading will take place indicating contour lines, slope ratios, and slope stabilization proposals; and
(4) A statement from a registered engineer supported by factual data substantiating:
(a) The validity of the slope stabilization proposals;
(b) That other off-site impacts will not be created;
(c) Stream flow calculations;
(d) Cut and fill calculations; and
(e) Channelization measures proposed. (Ord. 3031 Att. A, 2007; Ord. 2875 § 1.092.090, 2003)
17.44.100 Landscape plan.
(1) The landscape plan shall be drawn at the same scale as the site analysis plan, or a larger scale if necessary, and shall indicate:
(a) Location and height of fences, buffers, and screenings;
(b) Location of terraces, decks, shelters, play areas, and common open spaces where applicable; and
(c) Location, type, and size of existing and proposed plant materials.
(2) The landscape plan shall include a narrative which addresses:
(a) Soil conditions; and
(b) Erosion control measures that will be used. (Ord. 3031 Att. A, 2007; Ord. 2875 § 1.092.100, 2003)