Review of all development permits to determine that the permit requirements and conditions of this chapter have been satisfied;

Review all development permits to require that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required;

Review all development permits in the area of special flood hazard to determine if the proposed development adversely affects the flood carrying capacity of the area.

Verify and record actual elevation (in relation to mean sea level) of the lowest floor (including basement and below-grade crawlspaces) of all new or substantially improved structures and whether or not the structure contains a basement;

For all new or substantially improved floodproofed structures:

Maintain for public inspection all records pertaining to the provisions of this chapter;

In coastal high-hazard areas, obtain certification from a registered professional engineer or architect that the structure is securely anchored to adequately anchored pilings or columns in order to withstand velocity waters.

Notify adjacent communities and the Department of Land Conservation and Development and other appropriate state and federal agencies, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration;

Require that maintenance is provided within the altered or relocated portion of such watercourse so that the flood-carrying capacity is not diminished.

In considering an appeal, the planning commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and

The decision of the planning commission may be appealed pursuant to Chapter 17.18.

Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece or property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare.

Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry floodproofing, where it can be determined that such action will have low damage potential, complies with all variance criteria and otherwise complies with Section 17.98.120.

Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the standards in subsection (A)(1) of this section have been fully considered. As the lot size increases the technical justification required for issuing the variance increases.

Variances may be issued for the rehabilitation, or restoration of structures listed on the National Register of Historic Places or the Statewide Inventory of Historic Properties, without regard to the variance criteria and standards of this section provided that the alteration will not preclude the structure's continued designation as a "historic structure."

Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result.

Variances shall be granted only if, on the basis of the application, investigation and evidence submitted by the applicant, all of the following criteria are met:

Upon consideration of the factors of subsection (A)(1) above and the purposes of this chapter, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

The action of the planning commission may be appealed pursuant to Chapter 17.18.

The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Hydrostatic loads and the effects of buoyancy can usually be addressed through the required openings stated in subsection B below. Because of hydrodynamic loads, crawlspace construction is not allowed in areas with flood velocities greater than five feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer. Other types of foundations are recommended for these areas.

The crawlspace is an enclosed area below the base flood elevation (BFE) and as such, must have openings that equalize hydrostatic pressures by allowing the automatic entry and exit of floodwaters. The bottom of each flood vent opening can be no more than one foot above the lowest adjacent exterior grade.

Portions of the building below the BFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawlspace used to elevate the building, but also any joists, insulation, or other materials that extend below the BFE. The recommended construction practice is to elevate the bottom of joists and all insulation above BFE.

Any building utility systems within the crawlspace must be elevated above BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions. Ductwork, in particular, must either be placed above the BFE or sealed from floodwaters.

The interior grade of a crawlspace below the BFE must not be more than two feet below the lowest adjacent exterior grade.

The height of the below-grade crawlspace, measured from the interior grade of the crawlspace to the top of the crawlspace foundation wall must not exceed four feet at any point. The height limitation is the maximum allowable unsupported wall height according to the engineering analyses and building code requirements for flood hazard areas.

There must be an adequate drainage system that removes floodwaters from the interior area of the crawlspace. The enclosed area should be drained within a reasonable time after a flood event. The type of drainage system will vary because of the site gradient and other drainage characteristics, such as soil types. Possible options include natural drainage through porous, well-drained soils and drainage systems such as perforated pipes, drainage tiles or gravel or crushed stone drainage by gravity or mechanical means.

The velocity of floodwaters at the site should not exceed five feet per second for any crawlspace. For velocities in excess of five feet per second, other foundation types should be used.

Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specification and plans. Such certifications shall be provided to the official as set forth in Section 17.98.080(C)(2)(b).

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;

The bottom of all openings shall be no higher than one foot above grade; and

Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

In all new construction and substantial improvements in VE zones shall be elevated on pilings and columns so that:

A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of subsections (A)(1)(a) and (A)(1)(b) of this section.

Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Maximum wind and water loading values to be used in this determination shall each have a one percent chance of being equaled or exceeded in any given year (100-year mean recurrence interval).

Be on the site for fewer than 180 consecutive days;

Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

Meet the requirements of subsections A through G and a permit, pursuant to Section 17.98.070, is obtained.

Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, to or above the depth number specified on the FIRM (at least two feet if no depth number is specified), or

Together with attendant utility and sanitary facilities, be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used compliance shall be certified by a registered professional engineer or architect;

Be on the site for fewer than 180 consecutive days, and

Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions, or

Meet the requirements of subsections A, B, and C; and the elevation and anchoring requirements for manufactured homes.

The OM zone includes the following areas: beaches; active dunes; foredunes, including active foredunes and conditionally stable foredunes which are subject to ocean undercutting and wave overtopping; conditionally stable dunes; interdune areas that are subject to ocean flooding; deflation plains; younger and older stabilized dunes; conditionally stable open sand areas; and lots abutting the ocean shore. The boundaries of the overlay zone shall be those shown on the map titled "Oceanfront Management Overlay Zone, City of Cannon Beach." If the city has reason to believe that a site, presently not covered by the OM zone, exhibits characteristics that warrant its inclusion in the OM zone, the city shall hire an appropriate expert to undertake a site investigation to determine whether the area contains one or more of the landforms which are contained in the OM zone. If, as the result of the site investigation, it is determined that the site includes landforms covered by the OM zone, the site shall be subject to the requirements of the OM zone.

The map titled "Active dune and conditionally stabilized dunes, Cannon Beach, May 1993" is adopted by reference and incorporated into this zone. This map shall form the basis for identifying what constitute active dunes and conditionally stable dunes.

Foredune breaching, subject to the provisions of Section 17.100.060(A)(2);

Maintenance and repair of an existing shoreline stabilization structure, subject to the provisions of Section 17.86.210(K);

Maintenance and repair of existing streets, sewer or water lines, and drainage improvements other than stormwater outfalls or facilities;

Private beach access improvements, including stairs, subject to the provisions of Section 17.100.060(A)(6).

Public beach access improvements, including stairs, subject to the provisions of Section 17.100.060(A)(6);

Maintenance, repair or installation of stormwater outfalls or facilities, which may include infiltration or water quality systems.

Shoreline stabilization, subject to the provisions of Section 17.86.210;

Nonstructural shoreline stabilization program, subject to the provisions of Section 17.100.060(A)(5);

Preservation grading, subject to the provisions of Section 17.100.060(A)(3);

Remedial dune grading, subject to the provisions of Section 17.100.060(A)(4).

A new road, driveway approach, or other access that has 50 feet or more of linear length in OM Zone right-of-way, or in right-of-way within 100 feet of a stream, watercourse, or wetland. Access is new if vehicular access did not previously exist at the location, it was blocked for a period of one year, or an unimproved right-of-way would be improved to provide vehicular access. Alteration of an existing access is not new access.

Private beach access improvements, subject to the provisions of Section 17.100.060(A)(6);

Maintenance and repair to existing shoreline stabilization structure, subject to the provisions of Section 17.86.230(K);

Remedial dune grading.

Public beach access improvements, subject to the provisions of Section 17.100.060(A)(6);

Stormwater outfalls or facilities, which may include infiltration or water quality systems.

Shoreline stabilization, subject to the provisions of Section 17.86.210;

Nonstructural shoreline stabilization program, subject to the provisions of Section 17.100.060(A)(5);

A new road, driveway approach, or other access that has 50 feet or more of linear length in OM Zone right-of-way, or in right-of-way within 100 feet of a stream, watercourse or wetland. Access is new if vehicular access did not previously exist at the location, it was blocked for a period of one year, or an unimproved right-of-way would be improved to provide vehicular access. Alteration of an existing access is not new access.

Flood Hazard Overlay Zone, Chapter 17.96;

Geologic hazard areas requirements, Chapter 17.108;

Maintenance of beach access in conformance with Section 17.60.030;

All construction proposed west of the Oregon Coordinate Line shall obtain permits as required by the Oregon Parks and Recreation Department;

All construction proposed west of the line of vegetation shall obtain permits as required under the Oregon Removal-Fill Law;

Oceanfront Setback. For all lots abutting the oceanshore, the ocean yard shall be determined by the oceanfront setback line.

For uses and activities located in beach and dune areas, other than older stabilized dunes, findings shall address the following:

For uses and activities located on beaches, active dunes, on other foredunes which are conditionally stable and that are subject to ocean undercutting or wave overtopping, and on interdune areas that are subject to ocean flooding, findings shall address the following:

Determination of Building Line. For residential or commercial buildings proposed for lots that may consist of the beach, an active dune, or other foredunes which are conditionally stable and that are subject to wave overtopping or ocean undercutting, or interdune areas that are subject to ocean flooding the geologic site investigation required by Chapter 17.108 shall include a determination of where these features are located on the lot. The map titled "Active and conditionally stable dunes, Cannon Beach, May 1993" shall be used as the basis for locating the active dune area. The "The Flood Insurance Study for Clatsop County, Oregon and Incorporated Areas", dated June 20, 2018" and the "Active and conditionally stable dunes, Cannon Beach, May 1993" shall be used as the basis for locating the conditionally stable foredunes that are subject to wave overtopping and interdune areas subject to ocean flooding. Conditionally stable foredunes subject to ocean undercutting shall be determined as part of the site investigation report.

Conformance with the dune construction standards of Chapter 17.110.

Shoreline stabilization subject to the standards of Chapter 17.86.210.

Foredune Breaching.

Preservation Grading. Grading or sand movement necessary to repair blow-outs, erosion or maintain public access or facilities, which may be allowed in active dune areas only if the area is committed to development and meeting the requirements of Comprehensive Plan Foredune Management Policy. Preservation Grading does not include grading necessary for the repair, maintenance or installation of stormwater outfalls or facilities, including infiltration and water quality systems. Preservation Grading Conditional Use Permit requests for preservation grading shall include the following information:

Remedial Dune Grading. "Remedial grading" is the clearing of sand necessary to maintain the function of a structure and includes the removal of sand that has built up against exterior walls, doors, or windows of a structure and that blocks access to a residential or commercial structure, or any public facility, utility, or infrastructure. Permits for remedial grading may be approved subject to the following requirements:

Nonstructural Shoreline Stabilization Program.

Beach Access. The city may require the planting of stabilizing vegetation, fencing or signage in order to minimize the potential for wind erosion that may be caused by the use of the beach access on adjacent areas.

Groundwater Protection. The proposed development will not result in the drawdown of the groundwater supply in a manner that would lead to: (a) the loss of stabilizing vegetation; (b) the loss of water quality; (c) salt water intrusion into the water supply; or (d) significant lowering of interdune water level. Building permits for single-family dwellings are exempt from this requirement if appropriate findings are provided at the time of subdivision approval.

Public Access Provision. A development (e.g., subdivision or planned development) that includes 10 or more dwelling units, shall provide common beach access trails or walkways open to the general public. At a minimum, there shall be one beach access for each 400 feet of beach frontage. This requirement is in addition to access provided by existing street-ends.

Structures in the Ocean Yard. The following structures are permitted in an ocean yard:

Drawings, along with an electronic copy, depicting the proposal shall be presented on sheets not larger than 24 inches by 36 inches in the number of copies directed by the city;

Drawings shall be at a scale sufficiently large enough to enable all features of the design to be clearly discerned.

A survey of the property by a licensed land surveyor clearly delineating the current property boundaries;

Location of the wetland boundary and wetland buffer area;

Location and species of trees greater than six inches in diameter at breast height (DBH), and an indication of which trees are to be removed or potentially affected by construction activity including trees on abutting properties;

On sites that contain steep slopes, potential geologic hazard or unique natural features that may affect the proposed development, the city may require contours mapped at two-foot intervals;

Natural drainageways and other significant natural features;

All buildings, roads, retaining walls, curb cuts, and other manmade features on the subject property;

Developed and natural features, including trees, wetlands, structures, and impervious surfaces on adjoining property having a visual or other significant relationship with the site; and

The location and names of all existing streets within or on the boundary of the proposed development.

Boundary dimensions and area of the site.

Location of all existing structures, driveways, walkways, and landscaped areas proposed to be retained, including their site coverage and distances from the property line, and wetland and wetland buffer area boundaries;

Location of all new structures, driveways, walkways, and landscaped areas proposed to be retained, including their site coverage and distances from the property line, and wetland and wetland buffer area boundaries;

All external dimensions of existing and proposed buildings and structures;

Existing and proposed parking and vehicular and pedestrian circulation areas, including their dimensions;

Existing and proposed service areas for such uses as the loading and delivery of goods;

Locations, descriptions and dimensions of easements;

Grading and drainage plans, including spot elevations and contours;

Location of areas to be landscaped or retained in their natural state;

Exterior lighting including the type, intensity, height above grade and area to be illuminated; and

Other site elements which will assist in the evaluation of the application.

Step 1 Setback Reduction. Determine whether the proposed development could be located exclusively on the upland portion of the property if adjustments in Section 17.102.070(C)(1) are used.

Step 2 Setback Reduction and Wetland Buffer Averaging. When the proposed development cannot be located exclusively on the upland portion of the property as provided in Step 1 above, the applicant shall determine if a maximum 25 percent (12.5 feet) encroachment into the wetland buffer would accommodate the proposed development. The analysis shall provide an area calculation for the encroachment into the wetland buffer. The analysis shall indicate where the wetland buffer will be expanded by an equivalent area to compensate for the wetland encroachment. When sufficient upland area is not available on the subject property to provide the required buffer averaging, a mitigation plan shall be developed for an area equivalent to the deficiency as provided in subsection H of this section.

Step 3 Setback Reduction and Wetland Buffer Reduction and Mitigation. When the proposed development cannot be located exclusively on the upland portion of the property and with wetland buffer averaging as provided in Step 2 above, the applicant shall determine if further reduction of the wetland buffer, excluding wetland encroachment, would accommodate the proposed development. The analysis shall provide the wetland buffer encroachment area calculation and compensation as provided in Step 2 above. A mitigation plan shall be developed as provided in subsection H of this section.

Step 4 Setback Reduction, Wetland Buffer and Wetland Encroachment and Mitigation. When the proposed development cannot be located exclusively on the upland portion of the property and with wetland buffer encroachment as provided in Step 3 above, the applicant shall determine if encroachment into the wetland buffer and the wetland would accommodate the proposed development. To the extent upland area is available on the property, the analysis shall indicate where the wetland buffer will be expanded by an equivalent area to compensate for the wetland encroachment. A mitigation plan shall be developed as provided in subsection H of this section.

For any type of protected wetland or wetland buffer encroachment, the applicant shall provide an explanation of the alternatives considered and the reasons why the site development plan is proposed to use portions of a wetland or buffer area.

The size, species, and locations of plant materials to be retained or placed on the site, including eradication and replacement of invasive plant species;

The layout of proposed irrigation facilities;

The location and design details of walkways, decks, courtyards, patios, and similar areas;

The location, type and intensity of lighting proposed to illuminate outdoor areas; and

The location and design details of proposed fencing, retaining walls, and screening for service areas.

A stormwater management plan shall be required of the applicant and reviewed and approved by the public works director for the following types of developments where stormwater will move from the site into protected wetlands:

A stormwater management plan must include all information necessary to demonstrate to the public works director that the proposed stormwater management system will maintain pre-construction activity, or background, water quality and similar flow characteristics (e.g., volume, velocity, and duration) and be consistent with Public Works Department standards and the requirements of this chapter. The stormwater management plan shall provide the following in addition to any information requested by the public works director:

Plan overview including a summary narrative.

Proposed impact details:

Proposed mitigation details:

The proposed uses and development comply with the applicable requirements in this title unless modified as provided in this chapter.

Uses and activities in wetlands or wetland buffer areas may be approved only after the following list of alternative actions, listed from highest to lowest priority, have been considered:

Valid permits from the US Army Corps of Engineers and from the Oregon Department of State Lands, or written proof of exemption from these permit programs, must be obtained before any of the following activities occur in wetlands:

Where a protected wetland is identified by the Cannon Beach LWI as riverine, uses and activities are also subject to the requirements of Chapter 17.116, Stream Corridor Protection. If the riverine mapping only encompasses the active channel (i.e., no wetlands are present), then only Chapter 17.116 applies.

Where wetlands occur below the ordinary high water line (or mark) of the stream, the buffer shall be determined according to the requirements of Chapter 17.116, Stream Corridor Protection.

The upland portions of a wetland lot-of-record may be developed as provided in this title. Development is not permitted in protected wetlands or buffer areas. When upland area is limited or non-existent, a wetland lot-of-record shall be allowed by right to have a maximum building coverage of 1,000 square feet and an additional maximum of 400 square feet of lot coverage, for a total lot coverage of 1,400 square feet, as provided in subsection C of this section.

The uses and development subject to the use provisions in subsection (B)(1) above include:

When it is demonstrated that use of a wetland lot-of-record is not possible on the upland portion of the property and a hardship would result, the proposed development shall be reviewed in accordance with subsection C of this section.

Adjustment. An adjustment to the applicable dimensional standards to accommodate all or a portion of the proposed development on available upland portions of the property shall be considered. The Planning Commission may approve an application for up to a 50 percent adjustment to the following development and dimensional standards to accommodate development outside of wetland and wetland buffer areas:

Wetland Buffer Averaging. Where the upland portion of the lot-of-record cannot accommodate 1,000 square feet of building coverage and 400 square feet of other lot coverage, with an adjustment to the building setback and/or the lot dimension requirements, then minor wetland buffer encroachment shall next be considered to allow use of a parcel when all the following are met:

Wetland Buffer Reduction and Mitigation. Where the upland portion of the lot-of-record cannot accommodate 1,000 square feet of building coverage and/or 400 square feet of lot coverage, and a wetland buffer encroachment greater than 25 percent is necessary, the wetland buffer width may be reduced by the approval authority when all the following criteria are met:

Wetland Buffer and Wetland Encroachment and Mitigation. Where the upland portion of the lot-of-record cannot accommodate 1,000 square feet of building coverage and 400 square feet of lot coverage, and the wetland buffer reduction cannot accommodate this amount of development, the approval authority shall allow development first within the wetland buffer and/or second within the protected wetland when all the following criteria are met:

Streets;

Public sidewalks, pathways, and trails;

Utilities;

Land divisions and lot line adjustments;

Stormwater management;

Wetland mitigation and enhancement; and

Vegetation management.

Streets in the WO zone shall be constructed of permeable materials.

Streets crossing protected wetlands or wetland buffer areas shall be no wider than 20 feet.

Streets in wetlands shall constructed in a manner that allows the free flow of water beneath the street.

Streets in wetland buffer areas may be placed on piling or fill, whichever is deemed least impactful by a qualified wetland professional.

Sidewalks, pathways, and trails across wetland buffer areas or wetlands may only be developed or maintained in a manner that does not restrict water movement. Bridges shall be used to cross open water areas.

Routes for new sidewalks, pathways, and trails shall be chosen to avoid traversing wetlands. Route alignments around the perimeter of wetlands, and in wetland buffer areas, are preferred.

Sidewalks, pathways, and trails within wetlands and wetland buffers shall be a maximum of 12 feet wide and constructed of permeable material or on pilings.

Underground utilities, including water, wastewater, electricity, cable television, telephone, and natural gas service, may be routed through wetland buffer areas in trenches provided the following standards are met:

Aboveground utilities, including electricity, cable television, and telephone service, may be routed through protected wetlands and wetland buffer areas on poles subject to the following standards:

Utility maintenance roads in wetlands and in wetland buffer areas must meet applicable standards in subsection (E) of this section.

Common trenches, to the extent allowed by the building code, are encouraged to minimize ground disturbance when installing utilities.

Underground utilities shall be routed under disturbed areas such as streets, driveways, and off-street parking areas whenever feasible.

The applicable requirements in Article VI.

Preliminary plat maps for proposed subdivisions, replats, partitions, and lot line adjustments involving a wetland lot-of-record must show the protected wetland and wetland buffer boundaries, as determined by a wetland delineation approved by DSL.

Subdivisions, replats, partitions, and property line adjustments of upland portions of a wetland lot-of-record are permitted subject to the following standards:

The city recognizes that stormwater is an important component of wetland hydrology, and it shall regulate flow of stormwater into or out of wetlands and wetland buffers to ensure no net loss of wetland functions and values. It is the policy of the city that all stormwater that would naturally flow into wetlands and wetland buffers shall continue to flow into wetlands and wetland buffers in accordance with this chapter. Uses and activities intended to remove stormwater away from or around wetlands and wetland buffers or to move stormwater within a wetland or wetland buffer are prohibited unless undertaken as part of an approved wetland mitigation or enhancement plan.

A stormwater management plan, including the required information specified in Section 17.43.060(G) shall be submitted for approval by the public works director according to the following standards:

The proposed activities and development in wetlands or wetland buffer areas satisfy the requirements of subsection (B) of this section.

The wetland mitigation and/or wetland enhancement plan shall be prepared by a qualified wetland professional, and it shall address anticipated impacts of the proposed development on the wetland or wetland buffer along with proposed measures to mitigate the on-site wetland and wetland buffer encroachment. Mitigation actions shall include, but not be limited to, the restoration of native vegetation, restoration of hydric soil, restoration of the clay pan or other natural water barriers, restoration of natural slopes and contours, restoration of natural drainage or water flows, restoration of the wetland's nutrient cycle, and the restoration of wildlife habitat that may be impacted by the proposed development or activity.

Mitigation Ratios. When mitigation is required, the following requirements shall be satisfied:

Monitoring results shall be provided to the city on an annual basis prior to the end of the calendar year. If results show a risk of not meeting the success criteria detailed in the mitigation plan, then corrective actions to be implemented shall be described in the monitoring report. The mitigation plan will remain in effect for a period of five years following completion of the development or project, unless extended for noncompliance, with an affirmative obligation on the part of the applicant to restore or repair mitigation efforts, as required by the approved mitigation plan through the end of the effective period.

Tree removal in wetlands and in wetland buffer areas shall be consistent with the criteria and standards in Chapter 17.114, Tree removal and protection.

Tree pruning is prohibited unless:

The fact that a tree or part thereof is or may be dead or compromised (e.g., a snag) is not a sufficient criterion for its removal or pruning unless the property owner demonstrates foreseeable danger to public safety, or a foreseeable danger of property damage to an existing structure. An application for the removal of a dead tree shall require an International Society of Arboriculture (ISA) Tree Hazard Evaluation Form prepared by a certified arborist at the property owner's sole expense.

Tree trunks, stumps, roots, and boughs of trees removed or pruned in wetlands and wetland buffers pursuant to this chapter shall be left by the property owner in situ. When a tree is removed, it shall be topped at the highest point possible that avoids hazards while leaving as much stump or snags as possible for wildlife habitat.

In all cases, removal or pruning of trees from wetlands and wetland buffers must follow best professional standards to ensure that wetlands and wetland buffer areas functions and values are not compromised.

Any tree removed in accordance with this title or damaged by activities authorized under this title shall be replaced by the property owner with a tree on the wetland lot-of-record of comparable native species.

Vegetation removal in a wetland shall be the minimum necessary and in no case shall it substantially impair wetland functions and values. Removal of vegetation, except trees covered by Chapter 17.114, in wetlands and in wetland buffer areas is permitted only if:

Pruning or mowing of vegetation in wetlands and in wetland buffer areas shall be the minimum necessary and in no case shall it substantially impair wetland functions and values. It shall be permitted only if:

Planting new native vegetation in wetlands is permitted subject to the following standards:

Planting new native vegetation in wetland buffer areas is permitted as part of a managed garden or landscape.

Vegetation management practices will be employed in wetlands and in wetland buffer areas that minimize short-term and long-term adverse impacts on wetlands. Impacts to be avoided or minimized include turbidity, erosion, sedimentation, contamination with chemicals, unnecessary or excessive vegetation removal, and substantial alteration of native wetland plant communities. The following are not permitted as part of a vegetation management plan for wetlands or wetland buffer areas: alteration of wetland hydrology, use of herbicides consistent with state and federal regulations, or application of fertilizer.

Construction management practices will be employed in protected wetlands, wetland buffer areas, and the upland portion of a wetland-lot-of-record that address impacts to wetland values and function. Impacts to be avoided or minimized include: turbidity, erosion, sedimentation, contamination with construction waste or debris, unnecessary or excessive vegetation removal, and damage to existing vegetation. At a minimum, temporary erosion fencing shall be installed between areas to be disturbed and adjacent wetlands and wetland buffer areas. Construction equipment shall be kept out of wetlands and wetland buffers unless required for an approved use, which will require that signs are posted at appropriate intervals to restrict entry by equipment or personnel. Construction debris shall be removed from the site and properly disposed of. Chemicals, paints, and solvents, including paint tools, masonry equipment, and drywall tools, shall be used, cleaned, and stored in a manner that does not result in discharge of wastewater to waters of the state or placement of pollutants such that they could enter waters of the state. Any and all washdown of concrete trucks shall occur offsite. All construction activities shall be conducted as required by the city manager.

Pile-supported construction may use wood piling (treated or untreated), steel piling, concrete piling, or other piling material meeting building code requirements. If treated wood piling or posts are used for structures in wetlands, the following standards are applicable:

When removal and fill are is approved by the Department of State Lands and/or US Army Corps of Engineers, the requirements of those permits shall prevail. For development approved by the city approval authority, the following standards shall be satisfied:

To avoid harm to wetlands and wetland buffers from excessive traffic and frequent visitors who are unaware of wetland protections, short term rentals shall provide protection signage or education materials regarding wetland protection on the site.

Excavation in wetlands and in wetland buffer areas for any purpose must meet the following standards:

Filling or dredging (either dredging in excess of 50 cubic yards within a 12-month period, or dredging of less than 50 cubic yards, which requires a Section 404 permit from the U.S. Army Corps of Engineers);

Active restoration;

In-water structures such as support structures;

Rip-rap or other shoreline stabilization;

Water intake or outfall;

Identify potential development alterations of significant estuarine fish and wildlife habitats and disturbance of essential properties of the estuarine resource;

Determine whether potential impacts can be avoided and minimized; and

To provide a factual base of information that will ensure that applicable standards in Section 17.86.120 are met.

The type and extent of alterations expected;

The type of resource(s) affected;

The expected extent of impacts of the proposed alteration on water quality and other physical characteristics of the estuary, living resources, recreation and aesthetic use, navigation, and other existing and potential uses of the estuary; and

The methods which could be employed to avoid or minimize adverse impacts.

Information on resources present in the area in which the use or activity is proposed;

Impact assessment as specified in Chapter 17.104, Impact Assessment Procedure. (Federal environmental impact statements or environmental assessments may be substituted if available at the time of the permit request.)

A geologic site investigation report shall be prepared by a registered geologist or engineering geologist. The report is to be prepared in conformance with the city's site investigation report checklist.

Where recommended by the geologic site investigation report, or required by the city manager, an engineering report prepared by a registered civil engineer shall be prepared. The report shall discuss the engineering feasibility of the proposed development and include findings and conclusions for: the design and location of structures; the design and location of roads; the design and location of utilities; land grading practices, including excavation and filling; stormwater management; and vegetation removal and replanting.

The burden of proof shall be upon the applicant to show construction feasibility. A proposed use will be permitted only where:

The standards and recommendations contained in the geologic site investigation and engineering report, upon acceptance by the manager, shall become requirements of any building permit that is issued.

The manager may have the geologic site investigation report, or the engineering report reviewed by an independent expert of his or her choosing. Such a review may address either the adequacy or completeness of the site investigation, or the construction methods recommended in the engineering report. The applicant shall pay for the cost of the review.

A geologic site investigation report shall remain valid for a period of not more than five years from the date of its preparation. The continued reliance on a geologic site investigation report that is more than five years old requires the following additional new information:

Persons proposing to clear, grade, excavate, or fill land (regulated activities) shall obtain a development permit as prescribed by this chapter unless exempted by Section 17.120.030. A development permit is required where:

A development permit for regulated activities in conjunction with a structure requiring a building permit shall be reviewed pursuant to Section 17.12.010(A), (B) and (C).

A development permit for regulated activities in conjunction with a subdivision or partition shall be reviewed in conjunction with construction drawings as required by Section 17.124.020.

A development permit for regulated activities not in conjunction with building permit, subdivision, or partition shall be reviewed pursuant to Section 17.12.010(A), (B) and (C)(2). However, notice to adjacent property owners, as specified by Section 17.12.010(C)(2)(d), is not required.

Residential landscaping and gardening activities up to 2,000 square feet in area;

Forest management undertaken pursuant to Section 17.86.150.

Construction which disturbs five acres or more. Such activities are regulated by the Oregon Department of Environmental Quality through its stormwater program.

An application for a development permit for regulated activities subject to the requirements of this chapter shall include the following:

The city may require a grading plan prepared by a registered civil engineer where the disturbed area has an average slope of 20 percent or greater, the disturbed area is located in a geologic hazard area, or is part of a subdivision or partition. Such a grading plan shall include the following additional information:

The city may require that the sedimentation and erosion control plan be prepared by a registered civil engineer where the disturbed area is greater than one acre in size, or the disturbed area has an average slope of 20 percent or greater.

Cuts.

Fills.

Drainage.

Natural vegetation should be retained and protected wherever possible.

Stream and wetland areas shall only be disturbed in conformance with the requirements of Chapter 17.102 Wetland Overlay Zone and Chapter 17.116 Stream Corridor Protection.

In dune areas, erosion and sedimentation control measures shall also meet the requirements of Section 17.110.020, Wind erosion prevention plan required.

Sedimentation barriers, such as filter fences and straw bales, shall be placed to control sedimentation from entering streams, wetlands, or adjoining property. The sedimentation barriers shall be installed prior to site clearance or grading activities.

Critical areas, as determined by the building official, cleared of vegetation may be required to be temporarily stabilized with mulch, sod, mat or blanket in combination with seeding, or equivalent nonvegetative materials such as mat or blanket if in the opinion of the building official such an area represents an erosion hazard. Prior to the completion of construction, such slopes shall be permanently stabilized by seeding.

Stormwater inlets and culverts shall be protected by sediment traps or filter barriers.

Soil storage piles or fill shall be located so as to minimize the potential for sedimentation of streams, wetlands or adjacent property. Where, in the opinion of the city manager, a soil storage area or fill has the potential for causing sedimentation of streams, wetlands or adjoining property, the manager may require temporary stabilization measures.

Temporary sedimentation control, not in conjunction with a structure, may be required.

Erosion and sedimentation control measures shall be maintained during the period of land disturbance and site development in a manner that ensures adequate performance.

The city manager may require a graveled entrance road, or equivalent, of sufficient length, depth and width to prevent sedimentation from being tracked onto streets.

Trapped sediment and other disturbed soils resulting from sediment control measures shall be removed or permanently stabilized to prevent further erosion and sedimentation.

Measurable amounts of sediment that leave the site shall be cleaned up and placed back on the site or properly disposed of.

All temporary erosion and sedimentation control measures shall remain in place until the disturbed area is stabilized with permanent vegetation.

Under no conditions shall sediment from the construction site be washed into storm sewers, drainage ways or streams.

A ground cover will be established on exposed soils as soon as possible after finish grading or construction is complete.

No more than 10 cubic yards of fill shall be placed on an undeveloped site within a calendar year.

The city manager may make periodic inspections to ascertain that erosion and sediment control measures as proposed have been implemented and are being effectively maintained.

The condition or location of the tree presents either a foreseeable danger to public safety, or a foreseeable danger of property damage to an existing structure; and

Such hazard or danger cannot reasonably be alleviated by pruning or treatment of the tree.

The city manager may require documentation that a device qualifies for an Oregon Department of Energy solar tax credit, or other incentive for the installation of solar devices offered by a utility.

No tree measuring more than 24 inches in diameter shall be removed for the purpose of obtaining solar access.

The tree(s) to be removed under this criterion cannot exceed 10 inches in diameter;

A landscape plan for the area affected by the tree removal is approved by the city;

The landscape plan incorporates a replacement tree(s) for trees to be removed. The replacement tree shall be at least six feet in height or have a two-inch caliper; and

The city manager shall review the property one year after the approval of the tree removal permit. The purpose of the review is to ensure that the approved landscape plan has been implemented.

Trees more than 30 feet in height;

Trees more than 30 inches in diameter;

South of Ecola Creek, trees located west of Hemlock Street; and

North of Ecola Creek, trees located west of Laurel Street.

Notwithstanding any other provisions of the code, any party found to be in violation of this chapter shall be subject to a civil penalty of $500.00 and the payment of an additional civil penalty representing the value of any unlawfully removed or damaged tree, as determined by an appraisal using the International Society of Arboriculture (ISA) Guide for Plant Appraisal, Ninth Edition, 2000. The unlawful removal of each individual tree shall be a separate offense.

A builder, developer, tree service, or any other person holding a city business license who is convicted of violating any provision of this chapter is also subject to a proceeding to consider revocation of their business license, pursuant to Section 5.04.170.

A site plan showing the location of the tree(s) proposed for removal, the location of the proposed structure or development, and the location of any other trees six-inch DBH or larger on the subject property or off site (in the adjoining right-of-way or on adjacent property) whose root structure might be impacted by excavation associated with the proposed structure, or by soil compaction caused by vehicular traffic or storage of materials.

Measures to be taken to avoid damaging trees not proposed for removal, both on the subject property and off site (in the adjoining right-of-way or on adjacent property).

The area where a tree's root structure might be impacted by excavation, or where soil compaction caused by vehicular traffic or storage of materials might affect a tree's health, shall be known as a tree protection zone (TPZ).

Prior to construction the TPZ shall be delineated by hi-visibility fencing a minimum of three and one-half feet tall, which shall be retained in place until completion of construction. Vehicular traffic, excavation and storage of materials shall be prohibited within the TPZ.

Tree removal in conjunction with construction:

Tree removal not in conjunction with construction:

Sitka spruce;

Western hemlock;

Douglas fir;

Western red cedar;

Red alder;

Mountain ash;

Big leaf maple;

Vine maple.

Uses and activities in the stream buffer may be approved only after the following list of alternative actions, listed from highest to lowest priority, have been considered:

Valid permits from the US Army Corps of Engineers and from the Oregon Division of State Lands, or written proof of exemption from these permit programs, must be obtained before any of the following activities occur in stream buffers:

An erosion control plan which identifies the specific measures to be implemented during and after construction to protect the stream and adjacent upland areas from erosion, siltation and the effects of deleterious construction materials.

Roads shall be constructed outside of the stream corridor except for required stream crossings.

Streams shall be crossed only where there are no practicable alternatives.

In order of preference, the priorities for stream crossing structures are:

Proposals for stream crossings utilizing a bottomless culvert or other similar structure shall be reviewed by the Planning Commission, at a public hearing, pursuant to the requirements of Chapter 17.16. The Planning Commission shall approve such a stream crossing only where it finds that:

The stream crossing shall be designed so that the crossing does not diminish the flood-carrying capacity of the stream.

The stream crossing shall be no wider than necessary to serve its intended purpose.

Placement of the stream crossing structure shall minimize land clearing and site modification within the stream corridor. All debris, overburden and other construction materials shall be placed on nonwetland areas in a manner which prevents erosion into the stream.

Bridge crossing support structures shall not be located in the stream. Excavation for footings, piers and abutments shall be isolated from the wetted perimeter of the waterway by a dike, cofferdam or other structure.

Utility crossings shall be combined with stream crossings where feasible.

Where feasible, the number of stream crossings shall be minimized through the use of shared access for abutting lots.

Where adjacent upland consists of a wetland, applicable standards of Chapter 17.102 shall be complied with.

Utility corridor routes shall be selected to minimize hydraulic impacts on the stream and to minimize vegetation removal.

Common trenches, to the extent allowed by the building code, are required in order to minimize disturbance of the stream corridor.

Boring under the waterway, directional drilling, or aerial crossings are preferable to trenching. If trenching is the only alternative, it shall be conducted in a dry or dewatered area with stream flow diverted around the construction area to prevent turbidity.

Boring or drilling pits shall be isolated from the flowing waterway.

Conduits and pipelines placed under waterways shall be well below the potential scour level of the stream bottom.

Materials from trenching, boring or drilling shall be deposited away from the streambank and either returned to the trench as back-fill within a reasonable period of time, or, if other material is to be used to back-fill in the trench, excess material shall be immediately removed from the stream buffer.

Topsoil and sod shall be conserved during construction and replaced.

For Logan Creek, construction shall be conducted during times approved by the Oregon Department of Fish and Wildlife.

Where feasible, construction should occur between June and October. Construction at other times of the year shall utilize more rigorous erosion control methods.

Tree removal meeting the criteria of subsections A and B of Section 17.114.040;

Removal of vegetation, except trees covered by Chapter 17.114, pruning of vegetation, or mowing of vegetation where:

Planting new vegetation is permitted where:

Vegetation management practices will be employed that minimize short-term and long-term adverse impacts on the stream. Impacts to be avoided or minimized include turbidity, erosion, sedimentation, contamination with chemicals, or substantial alteration of any wetland plant communities. The following are not permitted: alteration of wetland hydrology and the use of herbicides.

The priorities for bank stabilization for erosion control, from highest to lowest, are:

Placement of structural bank stabilization material shall be permitted only if:

All structural bank stabilization shall be covered with fill material and vegetated with appropriate plant material.

A stream shall not be culverted except where necessary to protect an adjacent structure from flooding hazards and where it is demonstrated that there are no other alternatives; or where the public works director determines that the placement of the culvert is necessary to implement the city's storm drainage plan.

Realignment of an existing stream course may be permitted where the existing stream alignment poses a hazard in terms of: inadequate capacity and a stream realignment is determined to be the optimal solution; existing erosion of slopes or banks pose a hazard to public safety or property; or the existing alignment results in excessive sedimentation of the downstream channel or drainage system.

Stream damming may be permitted: where the damming presents a water quality or wetland benefit without adversely impacting upstream flood elevations or instream flow benefits downstream; or as a temporary measure as part of an overall erosion control plan during construction. Within the urban growth boundary, but outside the city limits, stream damming may also be permitted for the creation of a water source where approved by the Department of Water Resources.

The method and location of a point-source stormwater discharge shall be approved by the public works director. The discharge point will be sited to minimize impacts on the stream corridor.

Stormwater runoff should be directed toward the same drainage system that would have handled the runoff under natural conditions.

Uses, such as large parking lots, that could potentially contaminate runoff must include measures to treat runoff before discharging it into a stream.