The primary purposes for the creation of the riparian protection overlay along the Illinois River and its tributaries are to: protect and enhance water quality; prevent property damage during floods and storms; limit development activity in designated riparian corridors; protect native plant species; maintain and enhance fish and wildlife habitats; and conserve scenic and recreational values of riparian areas.

(Ord. 447 §1(part), 2004)

Establishment of the Riparian Corridor or overlay boundary. The riparian protection overlay consists of two component areas: the area within the channel banks, and the protective overlay zone. Areas developed prior to adoption of this section of the Cave Junction Municipal Code are acknowledged as pre-existing conditions and are allowed to be maintained in their status at the time of adoption of this section.

A.

For the purposes of this section, development means buildings and any other development requiring a building permit, or any alteration in the overlay by grading or construction of an impervious surface, including paved or gravel parking areas or paths and any land clearing activity such as removal of trees or other vegetation.

B.

The two components of the riparian protection overlay are defined as:

1.

The area within the channel limits of a water feature (from top of one bank to top of the opposite bank) identified in subsection (B)(2)(b) of this section. For a given stream, river, or channel the top of bank is the same as the "bankfull stage." The "bankfull stage" is defined as 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;

2.

The overlay zones measured horizontally upland from the top of bank are as follows:

a.

Overlay zone from top of bank: in cubic feet per second (CFS),

b.

The provisions of the riparian protection overlay do not exempt persons or property from state or federal laws that regulate protected lands, water, wetland, or habitat areas. In addition to the restrictions and requirements of this section, all proposed development activities within any jurisdictional wetland are also subject to applicable state and federal agency standards, permits and approval. Developments are also subject to the erosion protection and sediment control measures of Section 13.100;

3.

Water Pollution Hazards. The following land uses and/or activities are designated as potential water pollution hazards and must be set back from any stream or water body by the distance indicated below:

a.

Outside storage of hazardous substances or materials: one hundred fifty feet,

b.

Aboveground or underground petroleum storage facilities: one hundred fifty feet,

c.

Solid waste landfills or junkyards: three hundred feet,

d.

Land application of biosolids: one hundred feet: (Shall be a minimum of thirty feet by DEQ regulations) (Larger buffers are needed when water table next to a stream is high).

(Ord. 447 §1(part), 2004)

In addition to the requirements of the underlying zone, the following limitations and exceptions shall apply:

A.

Removal of Vegetation. The removal of vegetation from the riparian protection overlay is prohibited, except for the following uses after community development director approval:

1.

Replacement of vegetation with native riparian species as is necessary for restoration activities;

2.

Removal of nonnative vegetation and replacement with native plant species;

3.

For the development of water-related or water-dependent uses, provided they are designed and constructed to minimize impact on the existing riparian vegetation;

4.

Removal of emergent in-channel vegetation that has the potential to cause flooding.

B.

Building, Paving, and Grading Activities. Within the riparian protection overlay, the placement of structures or impervious surfaces, including grading and the placement of fill, is prohibited except as stated below. Exceptions to the riparian protection overlay restrictions may be made for the following uses, provided they are designed and constructed to minimize adverse impacts to the riparian area:

1.

Replacement of existing structures with structures located on the original building footprint which do not disturb additional riparian surface area;

2.

Streets, roads, and paths which are included in the city's transportation system plan;

3.

Water-related and water-dependent uses, including the drainage facilities, water and sewer utilities, flood control projects, and drainage pumps;

4.

Routine maintenance or replacement of existing public facilities projects and public emergencies, including emergency repairs to public facilities;

5.

In channel erosion or flood control measures that have been approved by the Oregon Division of State Lands (DSL), the U.S. Army Corps of Engineers or another state or federal regulatory agency, and that utilize bioengineering methods (rather than rip rap).

C.

Land Partitions and Property Line Adjustments. Property boundary amendments that would create parcels that cannot be developed in conformance with riparian protection overlay regulations are prohibited;

D.

Site Maintenance. The limitations imposed by this section do not preclude the routine maintenance of structures. Maintenance of lawns, planted vegetation and landscaping shall be kept to a minimum and not include the spraying of pesticides or herbicides. Vegetation shall be replanted with native species. Maintenance trimming of existing trees shall be kept at a minimum and under no circumstances can the trimming maintenance be so severe as to compromise the tree's health, longevity, and resource functions. Vegetation within utility easements shall be kept in a natural state and replanted when necessary with native plant species;

E.

Hazardous tree removal hazardous trees are those that pose an obvious and immediate health, safety, or welfare threat to persons or property. Hazardous tree removal, except in emergency circumstances, is required to be reviewed by city staff. Any trees removed are required to be replaced by like native species or alternate approved native species.

(Ord. 447 §1(part), 2004)

The procedure for reviewing any development within the riparian protection overlay is as follows:

A.

Any development or vegetation removal proposal within the riparian protection overlay shall be submitted to the planning official. Development proposals will be reviewed through a Type III (quasi judicial) procedure as defined in Section 17.14.060. Vegetative removal proposals will be reviewed through a Type I process as defined in Section 17.14.040;

B.

Applicant shall be responsible for the preparation of a professional quality map showing the precise location of the top-of-bank, one hundred-year flood elevation, wetland edge (if present), riparian setback, significant vegetation, site improvements or other relevant primary features. The application also shall include:

1.

Grading Site Plan. The grading plan shall include information on terrain, drainage, location of proposed and existing structures, and finished elevations;

2.

Vegetation Report. This report shall consist of a survey of existing native vegetation and proposed alterations. Where the removal of native vegetation is proposed, measures for re-vegetation and enhancement with native plant species will be included. The city shall have and maintain a list of native vegetation species.

(Ord. 447 §1(part), 2004)

A.

Qualifying Lots. Lots on which the riparian setback required by this chapter exceeds any other setbacks in a particular yard, and which, when combined with other required yard setbacks, results in a building area depth of twenty-five feet or less or a building envelope of eight hundred square feet or less.

B.

Setback Reduction Procedure. Setback reduction shall be the minimum necessary to create a building envelope twenty-five feet deep or a building of eight hundred square feet (whichever requires a lesser reduction of the setback). The yard setback opposite the riparian area may be reduced up to one-half the standard setback. If this does not create a sufficient building envelope, the riparian setback may be reduced up to one-half the required setback. Additional reductions of setbacks require a variance. Removal of vegetation within the original riparian setback shall be the minimum necessary to allow development of the use.

(Ord. 447 §1(part), 2004)

A.

In cases where the provision for a setback adjustment under Section 17.50.050 is not sufficient, a property owner may request a variance to the riparian setback. Granting of a variance requires findings that:

1.

The proposed development requires deviation from the riparian standards;

2.

Strict adherence to the riparian setback and other applicable standards would effectively preclude a use of the parcel that could be reasonably expected to occur in the zone, and that the property owner would be precluded a substantial property right enjoyed by the majority of landowners in the vicinity; and

3.

The provisions of Section 17.50.050 are insufficient to remedy the hardship.

(Ord. 447 §1(part), 2004)

Along the Illinois River, structures and impervious surfaces may be placed within the riparian setback as follows:

A.

The removal of vegetation shall be limited to the minimum amount necessary to accommodate the use. Any vegetation removed in excess of this standard shall be non-native species, and the proposal shall specify replacement of that vegetation with native species;

B.

The applicant shall provide sufficient information regarding the proposed development and potential impacts to riparian resources to all the staff, in consultation with the Oregon Department of Fish and Wildlife, to determine whether the proposal will provide equal or better protection of riparian resources. This information includes, but is not limited to: a plot plan showing the top of the stream or water body bank, the extent of development within the riparian setback, uses that will occur within the riparian setback and potential impacts (for example: chemical runoff, noise, etc.), the extent of vegetation removal proposed, characteristics of the existing vegetation (types, density), and proposed alterations of topography or drainage patterns, existing uses on the property and any potential impacts they could have on riparian resources;

C.

In no case shall such alterations occupy more than twenty-five percent of the width of the riparian area measured from the upland edge of the corridor.

(Ord. 447 §1(part), 2004)

Permanent alteration of the riparian area by placement of structures or impervious surfaces may be permitted upon demonstration that equal or better protection for the remaining on-site riparian protection overlay area will be ensured through restoration of riparian areas, enhanced buffer treatment or similar measures. In no case shall such alterations occupy more than twenty-five percent of the width of the riparian area measured from the upland edge of the corridor.

(Ord. 447 §1(part), 2004)

Planning commission decisions can be appealed to the city council using the procedures described in Section 17.44.050 of this code.

(Ord. 447 §1(part), 2004)

This section shall be enforced in accordance with the procedures cited in Chapter 17.56 of this code.

(Ord. 447 §1(part), 2004)