Chapter 17.96
UPLAND PRESERVATION OVERLAY DISTRICT
Sections:
17.96.030 Structures prohibited.
17.96.040 Removal of vegetation prohibited.
17.96.050 Land disturbing activities prohibited.
17.96.070 Deed restrictions to be placed on subdivision plats.
17.96.010 Purpose.
The upland preservation overlay district is intended to preserve, protect, enhance and restore all significant woodlands, wildlife habitat areas, areas of rough topography and related scenic areas. Regulation of these areas will serve to control erosion and sedimentation, maintain water quality, and promote and maintain the natural beauty of the city without interfering with the development rights perceived and assigned by the underlying basic use district. (Prior code § 17.397(1))
17.96.020 Permitted uses.
A. Preservation of scenic, historic and scientific areas;
B. Controlled studies of ecosystems for educational purposes;
C. Forest and game management when conducted in accordance with a management plan approved by a professional forester or wildlife specialist;
D. Harvesting of tree fruit crops;
E. Natural stormwater management;
F. Park and recreation areas, not including structures;
G. Recreational transportation trails.
(Ord. 2103-07 § 5 (part), 2007; prior code § 17.397(2))
17.96.030 Structures prohibited.
No structure shall be erected or placed on lands located within the upland preservation overlay district. No driveway, sidewalk, tennis court, swimming pool or other paved area shall be constructed on lands located within the upland preservation overlay district. (Prior code § 17.397(3))
17.96.040 Removal of vegetation prohibited.
Lands lying within the upland preservation overlay district shall not be clear cut of trees, shrubbery or underbrush. No natural vegetation shall be removed from lands lying within the upland preservation overlay district. Normal pruning, trimming and shearing of vegetation; removal of dead, diseased or insect-infested vegetation; removal of damaged vegetation; or thinning of timber in accordance with a forestry management plan under Section 17.96.020(C) shall be exempt from this restriction. (Prior code § 17.397(4))
17.96.050 Land disturbing activities prohibited.
No lands lying within the upland preservation overlay district shall be filled or excavated. (Prior code § 17.397(5))
17.96.060 Area regulations.
Lands lying within the upland preservation overlay district may be used in the calculation of lot area in the underlying basic use district and may be used in the calculation of maximum floor area ratio permitted in the underlying basic use district on the non-upland preservation overlay district portion of the lot. (Prior code § 17.397(6))
17.96.070 Deed restrictions to be placed on subdivision plats.
Any division of lands by subdivision plat or certified survey map on lands to which the upland preservation overlay district applies shall contain a plat restriction or deed restriction which prohibits the erection of structures; prohibits the removal of vegetation, excepting the removal of damaged or diseased vegetation; and prohibits filling or excavating of those areas located within the upland preservation overlay district. The restriction shall run with the land in perpetuity. (Prior code § 17.397(7))