1. Circulation.

2. Open Space. Open space within a hillside development shall be provided for and maintained for scenic, landscaping and recreational purposes within the development. Open space shall be adequate for the recreational and leisure needs of the occupants and users of the development. In order to ensure that open space will be permanent, dedication of the development right may be required to be dedicated to the city of Talent. Such instruments and documents guaranteeing the maintenance of open space shall be approved as to form by the city attorney. Failure to maintain the open space or any other property set forth in the development plan and program shall empower the city of Talent to enter the property and bring said property up to the standards set forth in the development plan and program. The city may then assess the real property and improvements within the hillside development for the cost of creating and maintaining the said open and recreational lands.

3. Scenic Viewpoints and Vistas. The planning commission may require slightly enlarged street rights-of-way for scenic pullouts or other public or private scenic viewpoints or vistas in a development.

4. Natural Hazards. Lands subject to known natural hazards such as steep slope failure, mass movement, erosion, high runoff, extremely sensitive soils, or areas otherwise unsuitable for structures intended for habitation shall be either:

1. The standards set forth in subsections (A)(1) and (A)(4)(b) of this section, where applicable.

2. Grading. Any grading performed within the boundaries of a development shall take into account the environmental characteristics of that property, including but not limited to prominent geological features, existing streambeds and drainage ways, and significant tree cover. Grading shall be designed in keeping with the best engineering practices to avoid erosion or slides, and to have as minimal effect on the environment as possible. Chapter 70 of the Uniform Building Code shall be adopted by reference as part of this chapter prescribing standards for proper grading procedures. The city engineer may request any additional information on grading as determined to be necessary to meet the requirements of this chapter.

3. Utility Lines and Facilities.

1. Normal requirements for a building permit.

2. Detailed grading plans indicating balance of cut and fill.

3. Landscaping plans, indicating vegetation to be retained and vegetation to be removed and any additional vegetation to be installed on site.

4. Detailed utility and storm drainage plans indicating conformance with this chapter and the standards and installation procedures of the city of Talent.

5. An overall site master plan indicating placement of structures on the site in accordance with this chapter, this title, and the phasing of the project.

6. A site analysis map indicating slope, drainage ways, soil characteristics, and a statement outlining potential hazards for building on the site and measures that will be followed to correct these hazards.

1. Parks and Greenways. An adequate amount of parkland is necessary to meet recreational and open space needs and to promote the general welfare. Parklands include greenways along Bear and Wagner Creeks and other parks designated and described in the city comprehensive plan. It is the intent of this chapter to support the continued improvement and maintenance of the Bear Creek Greenway, to continue to develop the Wagner Creek Greenway, and to eventually connect the two for an integrated greenway system. Greenway development shall combine pedestrian access with natural features in a way that protects natural areas and wildlife habitat in and around the greenway. Development adjacent to parks shall be designed and constructed in a manner that is compatible with parks, greenways, natural areas and wildlife habitat.

2. Floodplain. The OFPG overlay zone may be laid over any other zoning district established by this title where the area is subject to inundation by flooding, as indicated on Federal Emergency Management Agency flood insurance rate map (FIRM) and floodway maps. That is, any area subject to a one percent chance of flooding in any given year, also referred to as the 100-year floodplain. Application of special development standards in floodplains is intended to minimize property loss, personal injury and health hazards.

3. Aggregate Removal and Fill. Goal Five of the State Land Use Planning Goals recognizes the importance of maintaining adequate supplies of aggregate materials for development and maintenance of infrastructure. The floodway/parks/greenway overlay zone allows aggregate removal and fill operations in the Bear Creek floodplain. Aggregate removal activities must be conducted, and mined areas must be reclaimed, in a manner that minimizes environmental impacts and protects public health, safety and welfare. Reclamation plans must be completed and approved prior to any removal of gravel. Reclamation plans shall be compatible with park and greenway plans.

1. Development within the 100-Year Floodplain.

2. Yard Setbacks along Greenway Areas. The greenway protected area is the 35-foot-wide strip of land extending the length of, and on both sides of, the designated floodway. Structural setbacks, as prescribed for the underlying zone, shall be measured from the outer edge of the 35-foot strip. Where a floodway line has not been mapped, the floodway shall be determined by a registered professional engineer at the property owner’s expense prior to approval of development permits. Establishment of floodway boundary lines is further regulated by Chapter 15.15 TMC, Flood Damage Prevention. This setback provision is in addition to the wetland/riparian setbacks established in TMC 18.85.030. Where there is a conflict between the two setbacks, the stricter standard shall apply.

3. Notwithstanding the foregoing subsection (C)(2) of this section, a residential structure existing on September 7, 2020, which was destroyed or made uninhabitable by the Almeda Fire, may be reconstructed so long as: (1) the reconstruction is not more nonconforming to subsection (C)(2) of this section in comparison to the structure existing on September 7, 2020; (2) no new construction, replacement structure, or substantial improvement is placed in the regulatory floodway; and (3) all other applicable provisions of this code are followed. The allowance for reconstruction granted by this subsection shall automatically expire if development permits for such reconstruction are not approved by September 1, 2022.

4. Dedication of Park Land. To ensure park and greenway lands are provided to meet future recreation and open space needs, as anticipated by the comprehensive plan and as set forth in the OFPG zone, the planning commission may require that land be dedicated to the public for parks or greenway purposes. TMC 18.85.040 addresses ways that projects may be designed to compensate property owners for the impacts of dedication and setback requirements.

5. Site Development Plan Standards. Site development plan approval on any property where the provisions of this chapter and section apply shall meet all of the development standards included in Chapter 18.150 TMC and the following:

1. State Permits Required. All surface mining and aggregate removal operations are required to have permits from the State Department of Geology and Mineral Industries and/or the Department of State Lands.

2. Aggregate Site Development Standards. In addition to the required state permits and sufficient information to show compliance with the standards in Chapter 18.150 TMC and subsection (C)(4) of this section, approval of an aggregate removal development plan is subject to all of the following:

1. The city recognizes the visual benefits of preserving the streams and wetlands in the city.

2. The city recognizes the environmental benefits of preserving streams and wetlands, including preservation of wildlife habitat and fisheries habitat, improved water quality, and hydrologic control functions.

3. The city is required by state and federal law to improve the quality of surface waters discharged into streams. Healthy, functioning wetlands and riparian zones are critical parts of surface water quality control.

4. The city is mandated under Goal Five of the State Land Use Planning Goals to develop and adopt a program to protect and conserve locally significant bodies of water.

1. Along all streams the riparian/wetland setback shall be 50 feet from the top of the bank.

2. For all locally significant wetlands, as determined by the city using the methodology in OAR 141-86-300 to 141-86-350, the riparian/wetland setback shall be 50 feet from the upland edge of the wetland.

3. This setback provision is in addition to the floodplain/parks/greenway setback established above. Where there is a conflict between the two setbacks, the stricter standard shall apply.

1. Vegetation shall not be removed or disturbed in a setback area except for the following:

2. There shall be no permanent alteration to the setback area by grading, filling, impervious surfaces or structures, except for the following uses, which shall be designed to minimize intrusion into the riparian or wetland area. Any permanent alteration within a setback area is subject to planning approval.

1. Where residential development is proposed and wetland, riparian, and/or floodway/parks/greenway setback area(s) are dedicated for public use, the planning commission may allow a developed density equal to the number of total dwelling units that would have been allowed on the whole tract without the conservation dedication, as long as structural setbacks, off-street parking and other residential development standards can be met.

2. When conserved density cannot otherwise be accommodated on land outside the dedicated setback area, the lots outside the OFPG zone may be developed at 75 percent of the minimum lot size of the applicable zoning district (e.g., in the RS-5 district 8,000 square feet becomes 6,000 square feet), but only to the extent that permitted density is preserved and it does not create a condition that may be harmful to public health, safety and welfare. This extends the “lot size averaging” principle in TMC 17.15.030(C).

3. Where implementation of the required setback area might otherwise prohibit reasonable use of land zoned for residential uses, the planning commission may allow the setback area, dedicated to public use or otherwise, to be applied to the area required for landscaping, recreation area and/or open space, as required in the underlying zoning district and Chapters 18.105 and 18.110 TMC.

1. Where application of the conservation setback might otherwise prohibit reasonable use of land zoned for commercial, industrial or institutional uses, the planning commission may allow a dedicated greenway area to be applied to the area required for landscaping and/or open space, as required in the underlying zoning district and Chapters 18.105 and 18.110 TMC.

2. For a multi-unit development for commercial, industrial or institutional uses, when the conservation setback area is dedicated to public use, the planning commission may negotiate special standards for development. Examples of design elements that may be negotiable include setbacks and parking areas. Any such consideration shall include prevention of any condition that might be harmful to public health, safety and welfare. [Ord. 847 § 4 (Exh. B), 2008; Ord. 817 § 8-3H.240, 2006.]