The purpose of this chapter is:

A.

To protect the natural environmental and scenic features of the city;

B.

To encourage site planning and development practices which protect and enhance natural features such as streams, swales, ridges, rock outcroppings, views, and significant native vegetation;

C.

To provide ample open space and to create a manmade environment capable and harmonious with the natural environment;

D.

To protect lives and property from natural or man-induced geologic or hydrologic hazards and disasters;

E.

To protect property from damage due to soil hazards;

F.

To protect lives and property from forest and brush fires;

G.

To avoid financial loss resulting from development in hazard areas.

(Ord. 415 § 7.106.010, 2002)

A.

All developments shall be planned, designed, constructed and maintained with maximum regard to natural terrain features and topography, especially hillside areas, floodplains, and other significant land forms.

B.

All grading, filling and excavating done in connection with any development shall be in accordance with Chapter 70 of the Uniform Building Code.

C.

In addition to any permits required under the Uniform Building Code, all developments shall be planned, designed, constructed and maintained so as to:

1.

Limit the extent of disturbance of soils and site by grading, excavation and other land alterations;

2.

Avoid substantial probabilities of: (a) accelerated erosion; (b) pollution, contamination, or siltation of lakes, rivers and streams; (c) damage to vegetation; (d) injury to wildlife and fish habitats;

3.

Minimize the removal of native vegetation that stabilize hillsides, retain moisture, reduce erosion, siltation and nutrient runoff, and preserve the natural scenic character.

(Ord. 415 § 7.106.020, 2002)

All development proposals containing slope hazard areas shall be subject to this section.

A.

"Slope hazard areas" are those areas subject to a severe risk of landslide or erosion. They include any of the following areas:

1.

Any area containing slopes greater than or equal to fifteen (15) percent and one of the following subsections:

a.

Impermeable soils (typically silt and clay) frequently inter-bedded with granular soils (predominately sand and gravel);

b.

Any area located on areas containing soils which, according to the current version of the soil survey of Marion County, Oregon may experience severe to very severe erosion hazard;

c.

Any area located on areas containing soils which, according to the current version of the soil survey of Marion County, Oregon are poorly drained or subject to rapid runoff;

d.

Springs or ground water seepage.

2.

Any area potentially unstable as a result of natural drainage-ways, rapid stream incision, or stream bank erosion;

3.

Any area containing slopes greater than or equal to twenty (20) percent.

B.

No partition or subdivision shall create any new lot which cannot be developed under the provisions of this section.

C.

The Planning Commission may approve an application for development in a slope hazard area when the use is permitted by the base zoning, and the following findings are made:

1.

The proposed land form alterations shall preserve or enhance slope stability;

2.

The proposed land form alteration will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property;

3.

The proposed land form alteration addresses stormwater runoff, maintenance of natural drainage-ways, and does not increase existing flow intensity;

4.

The proposed building site(s) is appropriately sited not requiring mass pad grading or terracing;

5.

The proposed structure(s) is designed to ensure structural stability and proper drainage of foundation and crawl space areas;

6.

Construction activities will occur in drier weather, no earlier than April 15 and no later than October 1st;

7.

Where removal of natural vegetation is proposed, the areas not covered by structures or impervious surfaces will be protected from erosion during the construction process and replanted prior to November 1 to prevent erosion.

D.

An application for development in a slope hazard area shall include:

1.

An engineering geotechnical study and supporting data demonstrating that the site is stable for the proposed use and development;

2.

The study shall include at a minimum geologic conditions, soil types and nature, soil strength, water table, history of area, slopes, slope stability, erosion, affects of proposed construction, and recommendations. This study shall be completed by a registered geotechnical engineer in the state of Oregon. The plans and specifications shall be based on the study recommendations shall be prepared and signed by a professional civil engineer registered in the state of Oregon;

3.

A stabilization program for the slope hazard area based on established and proven engineering techniques that ensure protection of public and private property and prepared and signed by a professional civil engineer registered in the state of Oregon;

4.

A plan showing the proposed stormwater system prepared and signed by a professional civil engineer registered in the state of Oregon. The system will not divert stormwater into slope hazard areas.

E.

A structure constructed prior to the adoption of this title which would be subject to the limitations and controls imposed by this chapter shall comply with the provisions of this chapter if more than fifty (50) percent of the existing structure is damaged or destroyed or enlargement of the footprint is proposed.

(Ord. 415 § 7.106.030, 2002)

A.

All developments shall be planned, designed, constructed, and maintained so that:

1.

River and stream corridors are preserved to the maximum extent feasible and water quality is protected through adequate drainage and erosion control practices;

2.

Buffers or filter strips of natural vegetation are retained along all river and stream banks;

3.

Standards:

a.

Riparian vegetation that protects stream banks from eroding shall be maintained or enhanced along Mill Creek or the Pudding River for a minimum of fifty (50) feet from the top of the bank,

b.

Along minor drainage-ways for a minimum of ten (10) feet from the channel bottom center line plus one additional foot for each one percent of slope greater than twelve (12) percent,

c.

Along seasonal drainageways for a minimum of ten (10) feet from the channel bottom center line.

This standard policy should not be construed to mean that clearing of debris from the stream bed itself is prohibited, subject to applicable state and federal laws.

B.

The minimum separation distance necessary to maintain or improve upon existing water quality shall be the required setback for buildings or structures proposed along side of any river or perennial streambed. This distance shall be determined by a site investigation, but will not be less than fifty (50) feet or exceed one hundred fifty (150) feet for uses permitted in the flood plain shown on the FEMA maps. For all other uses, structures shall be sited outside the flood plain shown on the FEMA maps. Investigation shall consider:

1.

Soil types;

2.

Types and amount of vegetation cover;

3.

Bank stability;

4.

Slope of the land abutting the streams;

5.

Hazards of flooding; and

6.

Stream character.

C.

All development proposed in flood plain areas shall be governed by provisions of Chapter 16.18.

D.

The siting/construction of subsurface sewage disposal fields within the flood plain shown on the FEMA maps or within one hundred (100) feet of any water course is prohibited.

E.

The unauthorized diversion of impoundment of stream courses which adversely impact fisheries, wildlife, water quality or flow is prohibited.

(Ord. 415 § 7.106.040, 2002)

The National Wetlands Inventory does not identify any areas of wetlands in the city. Should areas be identified as containing wetlands, development shall be in accordance with the requirements of the state of Oregon.

(Ord. 415 § 7.106.050, 2002)

A.

No development or grading shall be allowed in areas where land movement, slump or earth flow, and mud or debris flow, is observed except under one of the following conditions:

1.

Stabilization of the identified hazardous condition based on established and proven engineering techniques which ensure protection of public and private property. Appropriate conditions of approval may be attached by the city;

2.

An engineering geologic study approved by the city establishing that the site is stable for the proposed use and development. The study shall include the following:

a.

Index map;

b.

Project description, to include: location; topography, drainage, vegetation; discussion of previous work; and discussion of field exploration methods;

c.

Site geology, to include: site geologic map; description of bedrock and superficial materials including artificial fill; location of any faults, folds, etc.; and structural data including bedding, jointing, and shear zones;

d.

Discussion and analysis of any slope stability problems;

e.

Discussion of any off-site geologic conditions that may rose a potential hazard to the site or that may be affected by on-site development;

f.

Suitability of site for proposed development from geologic standpoint;

g.

Specific recommendations for cut slope stability, seepage and drainage control, or other design criteria to mitigate geologic hazards;

h.

Supportive data, to include: cross sections showing subsurface structure; graphic logs of subsurface explorations; results of laboratory tests; and reference;

i.

Signature and certification number of engineering geologist registered in the state of Oregon;

j.

Additional information or analysis as necessary to evaluate the site.

B.

Vegetative cover shall be maintained or established for stability and erosion control purposes.

C.

Diversion of storm water into these areas shall be prohibited.

(Ord. 415 § 7.106.060, 2002)

A.

The principal source of information for determining soil hazards shall be the USDA Soil Conservation Soil Survey for Marion County and accompanying maps.

B.

Where soil hazards are identified in the USDA Soil Conservation Soil Survey, approved site specific soil studies shall be required to identify the extent and severity of the hazardous conditions on the site. An engineered design shall be required to insure structural stability and property drainage of foundation and crawl space areas.

(Ord. 415 § 7.106.070, 2002)