(1)

To identify and protect by preservation and conservation the designated significant natural resources and Other Natural Areas. The designated significant natural resources are greenways and natural areas, which include the riparian areas and scenic areas of the Tualatin River and certain creeks and drainage swales, wetlands, upland forests, meadows, fish and wildlife resources, and the geologic features of the Tonquin Scablands. Significant Natural Resources are identified on the Significant Natural Resource List and Map TDC 72.013 and Map 72-3, TDC). The significant natural resources designated for protection are shown on Map 72-1.

(2)

To provide sufficient area for stormwater runoff to reduce flood hazards and enhance water quality.

(3)

To provide public access to scenic and riparian areas, where appropriate, by designating pedestrian and bicycle path locations.

(4)

To provide specific design standards for development adjacent to, and within, greenways and natural areas in order to preserve and conserve them, and provide mechanisms for the granting of easements or dedications for Greenways, and Natural Areas while allowing reasonable economic development of property adjacent to the greenways and natural areas.

(Ord. 635-84, § 30, 6-11-84; Ord. 933-94, § 31, 11-28-94; Ord. 947-95, § 5, 7-24-95; Ord. 979-97, § 30, 7-14-97; Ord. 1427-19, § 32, 11-25-19)

(1)

The Significant Resource Criteria in Subsections (2-3) must be considered when determining whether a natural resource site is a Significant Natural Resource or is not significant.

(2)

Significant Resource Criteria—Wetlands Not in Riparian Corridors.

(a)

Exclusions. Wetland natural resources are not significant if they fall within any one of the following categories:

(i)

Wetlands artificially created entirely from upland that are:

(A)

Created for the purpose of controlling, storing or maintaining stormwater; or

(B)

Active surface mining or active log ponds; or

(C)

Ditches without a free and open connection to natural waters of the state (as defined in OAR 141-85-010(9) and which do not contain food or game fish (as defined in ORS 496.009); or

(D)

Less than one acre in size and created unintentionally as the result of irrigation water overflow or construction activity not related to compensatory mitigation for permitted wetland impacts; or

(E)

Of any size and created for wastewater treatment, farm or stock watering, settling of sediment, cooling industrial water, or as a golf course hazard.

(ii)

Wetlands or portions of wetlands that are contaminated by hazardous substances, materials or wastes as per the following conditions:

(A)

The wetland is documented as contaminated on either the U.S. Environmental Protection Agency's (EPA) National Priority List, or the Department of Environmental Quality's (DEQ) Inventory of Hazardous Substance Sites (ORS 465.225).

(B)

Only the portion of the wetland affected by such hazardous substances shall be excluded from significance analysis.

(b)

A Wetland natural resource is a Significant Natural Resource if it meets one or more of the following criteria:

(i)

The site has a rating of "High" in at least one of the following environmental categories in the City of Tualatin Natural Resource Inventory and Local Wetlands Inventory (December, 1995) Wetland and Natural Areas Inventory Environmental and Social Value Assessment:

(A)

Fish Habitat Value. The assessment values use the low-medium-high rating for a site based on the modified fish habitat and wildlife habitat assessment methods used in the City of Tualatin Natural Resource Inventory. Fish habitat rates high if potential fish habitat exists.

(B)

Wildlife Habitat Value. Evaluates habitat diversity. Areas with permanent or seasonal water, diverse vegetation and structure, and interspersion of plant communities rate high. Wildlife habitat value also increases with the size of the site and linkage to open space habitat.

(C)

Hydrologic Control, Water Quality Protection, and Water Quality Potential. Resource sites that provide or have the potential to provide water quality protection to receiving streams or stormwater detention within the watershed are important and are rated high.

(ii)

The wetland or a portion of the wetland occurs within a horizontal distance of less than one-fourth mile from a water body listed by the Oregon Department of Environmental Quality (DEQ) as a water quality limited body [303(d) list) and the wetland' s water quality protection or potential function is described as High or Medium in the Wetlands and Natural Areas Assessment.

(iii)

The site has a presence of one or more rare or locally unique plant communities that are relatively undisturbed with few or no non-native plants.

(iv)

The site has a presence of a plant or animal species that is state or federally listed as sensitive, rare, threatened or endangered, or is a critical habitat for such listed species, unless the appropriate state or federal agency indicates that the wetland is not important for the maintenance of the species.

(3)

Significant Resource Criteria—Streams, riparian corridors, forests, meadows and geologic features. A stream, riparian corridor, forest, meadow or geologic feature site is a significant resource site if it meets one or more of the following criteria:

(a)

The site has a presence of a plant or animal species that is state or federally listed as sensitive, rare, threatened or endangered, or is a critical habitat for such listed species;

(b)

The site has a presence of a physical feature that is designated as a scenic river or natural or geologic resource by county or regional government, or state or federal agencies. This includes but is not limited to designation as a significant natural resource or geologic area. Physical features do not include buildings or other constructed features.

(c)

The site has a presence of one or more relatively undisturbed native plant communities with few or no non-native plants.

(d)

The site has a rating of "High" in at least one of the following environmental categories in the City of Tualatin Natural Resource Inventory and Local Wetlands Inventory (December, 1995) Wetland and Natural Areas Inventory Environmental and Social Value Assessment:

(i)

Fish Habitat Value. The assessment values use the low-medium-high rating for a site based on the modified fish habitat and wildlife habitat assessment methods used in the City of Tualatin Natural Resource Inventory. Fish habitat rates high if potential fish habitat exists.

(ii)

Wildlife Habitat Value. Evaluates habitat diversity. Areas with permanent or seasonal water, diverse vegetation and structure, and interspersion of plant communities rate high. Wildlife habitat value also increases with the size of the site and linkage to open space habitat.

(iii)

Hydrologic Control, Water Quality Protection, and Water Quality Potential. Resource sites that provide or have the potential to provide water quality protection to receiving streams or stormwater detention within the watershed are important and are rated high.

(iv)

Ecological Integrity. Sites are rated high if they provide ecosystem linkage or continuity, allow wildlife passage between larger habitat units or genetic flow between plant populations, provide critical habitat for certain life history stages of sensitive fish and wildlife species, or other watershed or ecosystem functions. This criterion regards the both the ecological integrity and connectivity assessments of the site.

(v)

Uniqueness. Site contains fish and wildlife species, wildlife habitat, plant communities or geologic features that are unique in the Tualatin area. Uniqueness is a consideration of the quantity and quality of a particular resource site relative to other resources in the Tualatin area.

(e)

A non-wetland site has a rating of "High" in at least two of the following social categories in the City of Tualatin Natural Resource Inventory (December, 1995) Wetland and Natural Areas Inventory Environmental and Social Value Assessment:

(i)

Educational Value and Scientific Research. Sites are rated high if they provide potential educational opportunities for local schools or parks and recreation programs or research opportunities for the scientific community. This value is dependent on access and distance from schools.

(ii)

Aesthetic or Scenic Qualities, or Visual or Noise Buffering Qualities. Rating aesthetic or scenic quality is based on visual characteristics. Buffering qualities refer to the site's ability to serve as a buffer to unattractive or noisy areas such as the interstate freeways.

(iii)

Opportunity for Passive Recreation. Rating for recreational opportunity is based on a combination of the availability of public access, environmental value, aesthetic and/or scenic value, and low probability for recreational uses that will adversely affect environmental, aesthetic or scenic values.

(f)

Meets the definition of a riparian corridor in OAR-660-090-(5) and any other criteria in subsections (3)(a-e) and (3)(g).

(g)

In addition to (a)—(f) above, a final decision to determine whether a resource site is significant or not significant shall consider information about the resource site from all available sources, including but not limited to property owners and interested citizens, and may use factors not listed in criteria (a)—(f) above provided that it is shown the factor(s) address the issue of whether or not the site is significant.

(Ord. 979-97, § 31, 7-14-97)

The following natural resource sites identified in the City of Tualatin Natural Resource Inventory and Local Wetlands Inventory (December, 1995) are Significant Natural Resources:

(Ord. 979-97, § 32, 7-14-97)

(1)

The designated significant natural resources are the Greenways and Natural Areas on Map 72-1, which shows the general location of the NRPO District.

(2)

Lands in the Wetland Protection District (WPD) are subject to Chapter 71, and other applicable regulations, but not Chapter 72.

(Ord. 635-84, § 31, 6-11-84; Ord. 947-95, § 5, 7-24-95; Ord. 979-97, § 33, 7-14-97; Ord. 1427-19, § 33, 11-25-19)

(1)

Greenways can Exhibit Diverse Characteristics. Those along the Tualatin River and Hedges, Nyberg and Saum Creeks can be natural in some sections and have pedestrian and bike paths in other sections. Greenways in built-up areas such as in subdivisions are typically landscaped with lawn and often include concrete pedestrian/bike paths.

(2)

Riverbank Greenway (NRPO-GR).

(a)

Except as provided in Subsection (b), the NRPO District along the south bank of the Tualatin River, beginning at the City's western Urban Growth Boundary (UGB) and extending to the City' s eastern UGB, and along the north bank of the Tualatin River from the northwest corner of Tax Lot 1007 to the southeast corner of Tax Lot 1006, Washington County Tax Map 2S1 24B, shall have a width as measured from a line 40 feet inland from the top of the bank extending to the middle of the river. The top of the bank shall be where the landform called "the bank" changes from a generally up-slope feature to a generally flat feature. The NRPO District shall automatically apply to property annexed to the City, except as provided for in Appendix G to the Parks and Recreation Master Plan.

(b)

For the area 300 feet east and west of the I-5 right-of-way as shown on Map 72-1, the NRPO District on the south bank of the Tualatin River shall have a width as measured from a line 75 feet in-land from the top of the bank extending to the middle of the river.

(3)

Creek Greenways (NRPO-GC).

(a)

Except as provided in Subsections (b—d), the NRPO-GC District shall have a width of 50 feet centered on the centerline of Hedges Creek from SW Ibach Street to the western boundary of the Wetlands Protection District and from the eastern boundary of the Wetlands Protection District to the Tualatin River, and centered on Nyberg Creek from SW Tonka Street to the Tualatin River.

(b)

The NRPO-GC District shall have a width of 30 feet centered on the centerline of Nyberg Creek from SW Boones Ferry Road to SW Tonka Street.

(c)

Property owners on opposite sides of a creek may enter into a written agreement to allow the NRPO-GC District to be off-center, but in no case shall it be less than 15 feet on one side of the creek. Such agreement shall be binding on property owners, their heirs and assigns; shall be approved by City Council and shall be placed on permanent file with the City Recorder.

(d)

The NRPO-GC District shall have a width of 50 feet extending out from the top of the stream bank or from the upland edge of wetlands within the stream riparian area on the following creek sections:

(i)

Hedges Creek from SW 105th Avenue downstream to the private driveway culvert at the upper end of the fire pond at Tri-County Industrial Park,

(ii)

Hedges Creek from the fire pond dam's outlet at Tri-County Industrial Park downstream to SW Tualatin-Sherwood Road, and

(iii)

Saum Creek beginning east of I-5, just north of I-205 extending downstream to the Tualatin River, except:

(A)

A width of 25 feet extending out from the upland edge of wetlands in the stream riparian area for the severely constrained properties shown on Map 72-1; and

(B)

To the upland edge of the wetland in the stream riparian area adjacent to existing developed residential properties west of Atfalati Park shown on Map 72-1.

(4)

Other Greenways (NRPO-OG). The greenways listed below are not within a riverbank or creek greenway. These areas are primarily drainage corridors for neighboring residential zones. The location and size of these greenways are shown on Map 72-1.

(a)

Chieftain/Dakota Greenway;

(b)

Indian Meadows Greenway;

(c)

Hi-West Estates Greenway;

(d)

Shaniko Greenway;

(e)

Nyberg Creek Greenway (south).

(Ord. 979-97, § 34, 7-14-97)

Editor's note— Ord. No. 979-97, § 34, adopted July 14, 1997, repealed TDC 72.030 and enacted a new TDC 72.030 as set out herein. Former TDC 72.030 derived from Ord. 721-87, adopted May 26, 1987; Ord. 933-94, adopted November 28, 1994; and Ord. 947-95, adopted July 24, 1995.

(1)

Natural Areas are the wetlands and upland open space areas on Map 72-1. They provide flood control, water quality, erosion control, fish and wildlife habitat, and valuable scenic qualities. Natural Areas may include restored and enhanced wetlands, park sites and other areas accessible by the public for passive recreation.

(2)

Wetland Natural Areas.

(a)

Wetland Preservation Natural Areas (NRPO-WPNA) are shown on Map 72-1. They include all land within a delineated wetland boundary.

(b)

Wetland Conservation Natural Areas (NRPO-WCNA) are shown on Map 72-1. Except as provided in Subsection (c), they include all land within a delineated wetland boundary.

(c)

For uses not permitted in TDC 72.060(3), excavation, fill or removal in a NRPO-WCNA is allowed subject to the Oregon Division of State Lands (DSL) requirements and the following standards:

(i)

The wetland acreage affected by the excavation, fill or removal shall not exceed 30 percent of the subject property's delineated wetland acreage. The wetland acreage affected shall include excavation, fill or removal activities conducted since March 1, 1996.

(ii)

The excavation, fill or removal shall not reduce or block water features such as springs, drainage courses and streams.

(iii)

The wetland' s functions and values listed in the City of Tualatin Natural Resource Inventory and Local Wetlands Inventory (December, 1995) shall be retained or improved through mitigation and/or enhancement. The wetland' s functions and values may be assessed using the Oregon Freshwater Wetland Assessment Methodology (DSL, 1996, as amended).

(iv)

Mitigation shall be conducted either on the subject property or within the same stream watershed as the subject wetland unless the applicant demonstrates the impracticality of doing so.

(3)

Open Space Natural Areas.

(a)

Open Space Natural Areas (NRPO-OSNA) are shown on Map 72-1. They include upland forests, upland forests associated with slopes or streams, upland meadows, upland meadows associated with slopes or streams, the geologic features of the Tonquin Scablands, areas with slopes greater than 25 percent, areas within 50 feet of a delineated wetland and areas within 50 feet of a stream top of bank.

(b)

The top of bank for the Tualatin River is as stated in TDC 72.030 and for all other streams is the bankfull stage. Slope is the vertical elevation divided by the horizontal distance of vertical change and is measured for a horizontal distance of 100 feet.

(c)

Land use and permit applications shall show the NRPO-OSNA Boundary and shall include information on wetland delineations, location of streams, top of bank, topography and a vegetation inventory.

(Ord. 635-84, § 32, 6-11-84; Ord. 673-85, § 1, 8-12-85; Ord. 721-87, § 2, 5-26-87; Ord. 933-94, § 33, 11-28-94; Ord. 947-95, § 5, 7-24-95; incorporated into § 72.030 by Ord. 979-97, § 35, 7-14-97; Ord. 979-97, § 35, 7-14-97)

(Ord. 635-84, § 33, 6-11-84; Ord. 947-95, § 5, 7-24-97; incorporated into § 72.030 by Ord. 979-97, § 34, 7-14-97)

Editor's note— Ord. 1427-19, § 34, adopted November 25, 2019, repealed § 72.055. Former § 72.055 pertained to other natural areas and derived from Ord. 635-84, § 33, adopted June 11, 1984; Ord. 947-95, § 5, adopted July 24, 1995; and Ord. 979-97, § 36, adopted July 14, 1997.

Lands subject to these regulations are also subject to the regulations in Clean Water Services Design and Construction Standards.

(Ord. 947-95, § 5, 7-24-95; Ord. 979-97, § 37, 7-14-97; Ord. 1070-01 § 10, 4-9-01; Ord. 1070-01, 4-9-01; Ord. 1489-24, § 5, 8-12-24)

(1)

Except as provided in Subsection (2), no building, structure, grading, excavation, placement of fill, vegetation removal, impervious surface, use, activity or other development shall occur within Riverbank, Creek and Other Greenways, and Wetland and Open Space Natural Areas.

(2)

The following uses, activities and types of development are permitted within Riverbank, Creek and Other Greenways, and Wetland and Open Space Natural Areas provided they are designed to minimize intrusion into riparian areas:

(a)

Public bicycle or pedestrian ways, subject to the provisions of TDC 72.070.

(b)

Public streets, including bridges, when part of a City approved transportation plan, and public utility facilities, when part of a City approved plan and provided appropriate restoration is completed.

(c)

Except in Wetland Natural Areas, private driveways and pedestrian ways when necessary to afford access between portions of private property that may be bisected by a Greenway or Open Space Natural Area.

(d)

Except in Creek Greenways and Wetland Natural Areas, outdoor seating for a restaurant within the Central Urban Renewal District, but outside of any sensitive area or its vegetated corridor.

(e)

Public parks and recreational facilities including, but not limited to, boat ramps, benches, interpretive stations, trash receptacles and directional signage, when part of a City-approved Greenway or Natural Area enhancement plan.

(f)

Landscaping, when part of a landscape plan approved through the Architectural Review process. City initiated landscape projects are exempt from the Architectural Review process. Landscaping in Greenways and Natural Areas shall comply with the approved Plant List in the Parks and Recreation Master Plan. When appropriate, technical advice shall be obtained from the Oregon Department of Fish and Wildlife, U.S. Soil Conservation Service, or similar agency, to ensure the proposed landscaping will enhance the preservation of any existing fish or wildlife habitats in the vicinity.

(g)

Wildlife protection and enhancement, including the removal of non-native vegetation and replacement with native plant species.

(h)

Except in Wetland Natural Areas, public boating facilities, irrigation pumps, water-related and water-dependent uses including the removal of vegetation necessary for the development of water-related and water-dependent uses, and replacement of existing structures with structures in the same location that do not disturb additional riparian surface.

(i)

In Wetland Natural Areas, perimeter mowing and other cutting necessary for hazard prevention.

(3)

The City may, through the subdivision, conditional use, architectural review, or other development approval process, attach appropriate conditions to approval of a development permit. Such conditions may include, but are not limited to:

(a)

Use of Greenways and Natural Areas for storm drainage purposes;

(b)

Location of approved landscaping, pedestrian and bike access areas, and other non-building uses and activities in Greenways and Natural Areas;

(c)

Setback of proposed buildings, parking lots, and loading areas away from the Greenway and Natural Area boundary.

(4)

Greenways and Natural Areas in which an access easement is owned by the City, but retained in private ownership, shall be maintained by the property owner in their natural state and may only be modified if a landscape and maintenance plan complies with the approved Plant List in the Parks and Recreation Master Plan, and has been approved through the Architectural Review process or by the Parks and Recreation Director when Architectural Review is not required.

(5)

The Parks and Recreation Director shall be included as a commentor when a development application proposes dedication of Greenway or Natural Area property to the City or when development is pro-posed on Greenway or Natural Areas property maintained by the Parks and Recreation Department.

(Ord. 673-85, § 2, 8-12-85; Ord. 933-94, § 34, 11-28-94; Ord. 947-95, § 5, 7-24-95; Ord. 979-97, § 38, 7-14-97)

(1)

Applications for variances due to a hardship resulting from the requirements of Chapter 72 shall be processed in accordance with the provisions of Chapter 33. For variance applications alleging the requirements of Chapter 72 have rendered a property not buildable, the applicant has the burden of proof to show the property is not buildable and to specify which Chapter 72 requirements are proposed to be reduced or removed to render the property buildable.

(2)

Claims of a location error in a Greenway or Natural Area Boundary on Map 72-1 shall be considered as part of an application for a subdivision, partition, lot line adjustment, architectural review or variance. Claims that an existing Greenway or Natural Area Boundary should be deleted, or added, on Map 72-1 shall be considered through the Plan Amendment process. Claims of map errors shall be supported by adequate inventory information and analysis to justify the claim and meet the land use application approval criteria. Claims of map error for wetland boundaries shall be verified by the Oregon Division of State Lands.

(Ord. 979-97, § 39, 7-14-97)

To construct bike and pedestrian paths in greenways, the developer of the path shall adhere to the following guidelines, wherever practicable:

(1)

Incorporate trails into the surrounding topography.

(2)

Provide viewing opportunities for special vistas, wetlands, and unique natural features.

(3)

Protect existing vegetation to the greatest extent possible. In wooded areas meander paths through the woods to avoid significant trees. An arborist should be consulted to determine methods for minimizing impact of construction of paths near trees greater than five inch caliper as measured four feet above-grade.

(4)

Replant trees in the vicinity where they were removed. Use native species.

(5)

Minimize impact on wetland environments. Build paths above wetlands wherever possible. Use boardwalks, bridges or other elevated structures when passing through a wetland. Direct trails away from sensitive habitat areas such as nesting or breeding grounds.

(6)

Provide interpretive opportunities along the trail. Use interpretive signage and displays to describe plant and animal species, nesting areas, wildlife food sources, and geologic, cultural and historic features.

(7)

Provide amenities along the trail. Place benches, picnic tables, trash receptacles and interpretive signage where appropriate.

(8)

Where paths are placed in utility corridors, path design should be coordinated with the City's Engineering and Building Department and Operations Department to allow utility maintenance.

(9)

Mitigate surface water drainage near wetlands and streams. Where hard surface trails occur adjacent to wetlands or creeks, provide, when appropriate, an open water system through swales, trench percolation, or on-site detention ponds to prevent erosion and negative impacts.

(10)

Incorporate signage. Place properly scaled and sited regulatory and guide signs to instruct users on accessibility, local conditions, safety concerns and mileage information.

(Ord. 635-84, § 35, 6-11-84 and Ord. 933-94, § 35, 11-28-94; Ord. 947-95, § 5, 7-24-95; Ord. 1427-19, § 35, 11-25-19)

(1)

A shift of density may be allowed in accordance with TDC 41.150 (RML District), 42.150 (RMH District), 43.180 (RH District) and 44.160 (RH/HR District).

(2)

Small lots may be allowed in subdivisions and partitions in accordance with TDC 40.055 (RL District).

(Ord. 979-97, § 40, 7-14-97; Ord. 1136-03, 4-28-03)

(1)

When a property owner in a Commercial, Institutional, or Industrial Planning District dedicates to the City a portion of the NRPO District, or vegetated corridor located within or adjacent to the NRPO District in accordance with a City-approved landscape plan, a Greenway and Natural Area Landscaping Credit shall be applied toward a portion of the site's percentage landscaping requirement.

(2)

The amount of the Greenway and Natural Area Landscaping Credit shall be as provided in TDC Chapter 73. The applicant must meet all landscaping requirements in this Code to the satisfaction of the Planning Director through the Architectural Review process.

(Ord. 673-85, § 2, 8-12-85; Ord. 933-94, § 37, 11-28-94; Ord. 947-95, § 5, 7-24-95; Ord. 979-97, § 41, 7-14-97; Ord. 1216-06, 7-24-06; Ord. 1427-19, § 36, 11-25-19)

When a property owner in a IN, CO, CR, CO/MR, ML, or MG Planning District dedicates to the City land in the NRPO District, a bikeway or pedestrian path facility, or a vegetated corridor located within or adjacent to the NRPO District, the minimum front yard setback may be reduced through the AR process as provided in Chapters 50, 51, 52, 55, 60, and 61.

(Ord. 721-87, § 3, 5-26-87; Ord. 933-94, § 38, 11-28-94; Ord. 947-95, § 5, 7-24-95; Ord. 979-97, § 42, 7-14-97; Ord. 1216-06, 7-24-06; Ord. 1427-19, § 37, 11-25-19)

Tualatin Municipal Code Chapter 2-6 (System Development Charges) establishes a System Development Charge for Parks in residential planning districts. The ordinance contains provisions for credits against the Parks SDC, subject to certain limitations and procedures. Credit may be received up to the full amount of the Parks SDC fee. Dedication of NRPO District Areas, or vegetated corridors located within or adjacent to the NRPO District listed in the SDC capital improvement list are eligible for a SDC credit. Dedication and improvement of bicycle and pedestrian paths may also be eligible for a SDC credit.

(Ord. 933-94, § 39, 11-28-94; Ord. 947-95, § 5, 7-24-95; Ord. 979-97, § 43, 7-14-97; Ord. 1427-19, § 38, 11-25-19)

In any portion of the NRPO District, the City may, through the subdivision, partition, conditional use, architectural review, or other applicable development approval process, require that easements for pedestrian and bicycle access and maintenance uses be granted as a condition of approval when said easements are necessary to achieve the purposes of the Parks and Recreation Master Plan, Greenway and Trail Development Plan (Figure 72-2), or Bicycle and Pedestrian Plan (Figure 11-4).

(Ord. 933-94, § 40, 11-28-94; Ord. 947-95, § 5, 7-24-95; Ord. 979-97, § 44, 7-14-97; Ord. 1427-19, § 39, 11-25-19)

In cases where land within the NRPO District is also within the Wetlands Protection District, Chapter 71, any development permitted by TDC 72.060 shall be subject to the provisions of Chapter 71.

(Ord. 933-94, § 41, 11-28-94; Ord. 947-95, § 5, 7-24-95; Ord. 979-97, § 45, 7-14-97)

In cases where land within the NRPO District is also within the Floodplain District, Chapter 70, any development permitted by TDC 72.060 shall be subject to the provisions of Chapter 70.

(Ord. 933-94, § 42, 11-28-94; Ord. 947-95, § 5, 7-24-95; Ord. 979-97, § 46, 7-14-97)

Nothing in this chapter shall prohibit the dedication of land within the NRPO District to the public for park or open space purposes when the City Council finds that such dedication would be consistent with the purpose and objectives of the parks and recreation element of the Tualatin Public Facilities Plan.

(Ord. 933-94, § 43, 11-28-94; Ord. 947-95, § 5, 7-24-95; Ord. 979-97, § 47, 7-14-97)

Nothing in this chapter shall prohibit the City or any property owner from altering, enlarging, straightening, piping, or otherwise modifying a creek channel in the NRPO District upon a finding by the City Engineer that such modification is necessary for maintaining the ability of the creek to transmit storm water run-off.

(Ord. 933-94, § 44, 11-28-94; Ord. 947-95, § 5, 7-5-95; Ord. 979-97, § 48, 7-14-97)