Excessive uniformity, inappropriateness or poor design of the exterior appearance of structures and signs and the lack of proper attention to site development and landscaping in the business, commercial, industrial and certain residential areas of the City hinders the harmonious development of the City, impairs the desirability of residence, investment or occupation in the City, limits the opportunity to attain the optimum use in value and improvements, adversely affects the stability and value of property, produces degeneration of property in such areas and with attendant deterioration of conditions affecting the peace, health and welfare, and destroys a property relationship between the taxable value of property and the cost of municipal services.

The City Commission declares that the purposes and objectives of the site design requirements and review procedure are to:

Orientation of Buildings. Building(s) shall be located on the property with the principal building entrance oriented toward the primary focal point of the property/development. With the exception of US Hwy 101, all buildings located on a public street shall have the main entrance front onto said street.

Natural Features. The property owner/developer is encouraged to protect and incorporate areas of special interests and other natural features such as grade, trees, vegetation and waterways, into the overall site plan. These areas may be calculated as part of the landscaping requirement if healthy and not damaged during construction.

Building Requirements.

Community Amenities. Each building shall contribute to the establishment or enhancement of the community and public spaces by providing at least two community amenities such as: a patio/seating area, water feature, art work or sculpture, pedestrian plaza with park benches and landscaping, usable green spaces, or other features, such as a dedicated public park acceptable to the Parks Advisory Board and City Commission.

Outdoor Lighting. The lighting for mixed use, residential, commercial and industrial zones shall be shielded and directed down into the site and shall not shine or glare onto adjacent property or streets. Light poles, light fixtures and flag poles shall not exceed 25 feet in height and shall be pedestrian scaled. Installation cost shall be borne by the developer. Decorative exterior lighting is required on the front elevation and at the main entrance. Decorative is defined as "gooseneck" or similar design that is pedestrian oriented.

Parking (Pods) Areas. Parking (pods) areas shall be divided by a six-foot pathway placed between the two rows of head-on parking stalls, which shall extend the full length of each parking pod. There shall be parking spaces provided for travelers in RVs and travel trailers. This section shall be in compliance with the requirements in Section 16.120.030 and Chapter 16.128 (Vehicle and Bicycle Parking).

Mini-Warehouses. Where and when allowed, mini-warehouses shall be subject to the following design, siting, and location standards:

Intent and Purpose.

Applicability. This chapter shall apply to all transportation facilities and improvements (e.g., public and private streets, driveways, multi-use paths, etc.) within the City and to all properties that abut these facilities. Additional standards can be found in Chapter 16.136, Public Facilities Standards.

Access Permit Required. Access to a street requires an access permit in accordance with the following procedures:

Traffic Study Requirements. The City or other agency with access jurisdiction may require a traffic study prepared by a qualified professional to determine access, circulation and other transportation requirements. (See also Chapter 16.136, Public Facilities Standards, and Chapter 16.256, Traffic Impact Study.)

Conditions of Approval. The City or other agency with access permit jurisdiction may require the closing or consolidation of existing curb cuts or other vehicle access points, recording of reciprocal access easements (i.e., for shared driveways), development of a frontage street, installation of traffic control devices, and/or other mitigation as a condition of granting an access permit, to ensure the safe and efficient operation of the street and highway system. Access to and from off-street parking areas (other than driveways that serve single-family, two-family, or three-family dwellings) shall not permit backing onto a public street.

Access Options. When vehicle access is required for development (i.e., for off-street parking, delivery, service, drive-through facilities, etc.), access shall be provided by one of the following methods (a minimum of 10 feet per lane is required). These methods are "options" to the developer/subdivider, unless one method is specifically required under Division 2, or through conditions required by the hearings body.

Access Spacing. Driveway accesses shall be separated from other driveways and street intersections in accordance with the following standards and procedures:

Number of Access Points. For single-family (detached and attached), two-family, and three-family housing types, one street access point is permitted per dwelling unit, when alley access or shared driveways cannot otherwise be provided; except that one additional access point may be permitted for one-family, two-family and three-family housing types on corner lots (i.e., no more than one access per street), subject to the access spacing standards in subsection G of this section. The number of street access points for multiple family, commercial, industrial, and public/institutional developments shall be minimized to protect the function, safety and operation of the street(s) and sidewalk(s) for all users. Shared access may be required, in conformance with subsection I of this section, in order to maintain the required access spacing, and minimize the number of access points.

Shared Driveways. The number of driveway and private street intersections with public streets shall be minimized by the use of shared driveways with adjoining lots where feasible. The City shall require shared driveways as a condition of land division, development review, or site design review, as applicable, for traffic safety and access management purposes in accordance with the following standards:

Street Connectivity and Formation of Blocks Required. In order to promote efficient vehicular and pedestrian circulation throughout the City, land divisions and large site developments shall produce complete blocks bounded by a connecting network of public and/or private streets, in accordance with the following standards:

Driveway Openings and Widths. Driveway openings (or curb cuts) shall be the minimum width necessary to provide the required number of vehicle travel lanes (10 feet for each travel lane). The following standards (i.e., as measured where the front property line meets the sidewalk or right-of-way) are required to provide adequate site access, minimize surface water runoff, and avoid conflicts between vehicles and pedestrians:

Fire Access and Circulation. The City of Warrenton adopts the Uniform Fire Code, as amended, including administrative sections and all appendices and all the State of Oregon revisions. All development in the City of Warrenton is required to meet these minimum adopted standards.

Vertical Clearances. Driveways, private streets, aisles, turn-around areas and ramps shall have a minimum vertical clearance of 13 feet 6 inches for their entire length and width.

Vision Clearance. No signs, structures or vegetation in excess of three feet in height shall be placed in vision clearance areas, as shown in Figure 16.120.020.N. The minimum vision clearance area may be increased by the Community Development Director, City-appointed engineer, or Planning Commission upon finding that more sight distance is required (i.e., due to traffic speeds, roadway alignment, etc.). See also Chapter 16.132 for additional requirements.

Construction. The following development and maintenance standards shall apply to all driveways, parking areas, and private streets in the City of Warrenton:

Pedestrian Access and Circulation. To ensure safe, direct and convenient pedestrian circulation, all developments, except single-family detached housing, duplexes, or triplexes on individual lots, shall provide a continuous pedestrian and/or multi-use pathway system. (Pathways only provide for pedestrian circulation. Multi-use pathways accommodate pedestrians and bicycles.) The system of pathways shall be designed based on the standards in paragraphs 1 through 3 of this subsection:

Design and Construction. Pathways shall conform to all of the standards in paragraphs 1 through 5 of this subsection:

General Requirements. All fences and walls shall comply with the standards of this section. The City may require installation of walls and/or fences as a condition of development approval, in accordance with Chapter 16.220, Conditional Use Permits, or Chapter 16.212, Development Review and Site Design Review. Walls built for required landscape buffers shall comply with Section 16.124.030.

Dimensions.

Maintenance. For safety and for compliance with the purpose of this chapter, walls and fences required as a condition of development approval shall be maintained in good condition, or otherwise replaced by the owner.

Applicability. All development sites containing significant vegetation, as defined below, shall comply with the standards of this section. The purpose of this section is to incorporate significant native vegetation into the landscapes of development. The use of mature, native vegetation within developments is a preferred alternative to removal of vegetation and re-planting. Mature landscaping provides summer shade and wind breaks, and allows for water conservation due to larger plants having established root systems.

Significant Vegetation. "Significant vegetation" means:

Mapping and Protection Required. All mapped wetland and riparian areas shall be protected in accordance with Chapter 16.156 and other applicable sections of this Code.

Protection Standards. All of the following protection standards shall apply to significant vegetation areas:

Construction. All areas of significant vegetation and mapped wetland and riparian areas shall be protected prior to, during, and after construction. Grading and operation of vehicles and heavy equipment is prohibited within significant vegetation areas, wetlands, and riparian areas, except as approved by the City for installation of utilities or streets, or in accordance with other approved plans.

Exemptions. The protection standards in this section shall not apply in the following situations:

Applicability. This section shall apply to all developments within the City of Warrenton.

Landscaping Plan Required. For every new development in the City of Warrenton requiring a City permit, a landscape plan is required. All landscape plans shall include the following minimum required details (see Section 16.212.040 for additional landscape plan requirements for projects requiring site design review):

Landscape Area Standards. The minimum percentage of required landscaping equals:

Landscape Materials. Landscape materials include trees, shrubs, groundcover plants, turf grasses (e.g. grass sod or seed), and outdoor hardscape features, as described below:

Landscape Design Standards. All yards, parking lots and required street tree planter strips shall be landscaped in accordance with the provisions of Sections 16.124.010 through 16.124.050. Landscaping shall be installed with development to provide erosion control, visual interest, buffering, privacy, open space and pathway identification, shading and wind buffering, and to help control surface water drainage and improvement of water quality, based on the following standards:

Maintenance and Irrigation. The use of drought-tolerant plant species is encouraged, and may be required when irrigation is not available. Irrigation shall be provided for plants that are not drought-tolerant. If the plantings fail to survive, the property owner shall replace them with healthy plantings of shrubs, flowering plants and/or trees. All other landscape features required by this Code shall be maintained in good condition, or otherwise replaced by the owner.

Additional Requirements. Additional buffering and screening may be required for specific land uses, as identified by Division 2, and the City may require additional landscaping through the conditional use permit process (Chapter 16.220).

Growth Characteristics. Trees shall be selected based on growth characteristics and site conditions, including available space, overhead clearance, soil conditions, exposure, and desired color and appearance. The following should guide tree selection:

Caliper Size. The minimum caliper size at planting shall be one and one-half inches diameter breast height (dbh) (two inches for required street trees), based on the American Association of Nurserymen Standards.

Spacing and Location. Street trees shall be planted within existing and proposed planting strips, and in sidewalk tree wells on streets without planting strips. The Community Development Director or Planning Commission may approve planting of street trees in other areas upon submission of a landscaping plan that demonstrates comparable (or greater) benefits to the neighborhood. Street tree spacing shall be based upon the type of tree(s) selected and the canopy size at maturity. In general, trees shall be spaced no more than 30 feet apart, except where planting a tree would conflict with existing trees, retaining walls, utilities and similar physical barriers.

Soil Preparation, Planting and Care. The developer shall be responsible for planting street trees, including soil preparation, groundcover material, staking, and temporary irrigation for two years after planting. The developer shall also be responsible for tree care (pruning, watering, fertilization, and replacement as necessary) during the first two years after planting.

Assurances. The City shall require the developer to provide a performance and maintenance bond, or cash deposit, in an amount determined by the City-appointed engineer, to ensure the planting of the tree(s) and care during the first two years after planting.

General Provisions.

Parking Location and Shared Parking.

Parking Stall Standard Dimensions and Compact Car Parking. All off-street parking stalls shall be improved to conform to City standards for surfacing, stormwater management, and striping. See Section 16.120.020 for parking lot construction standards. Up to 40% of the required spaces may be sized to accommodate compact cars. Standard parking spaces shall conform to the dimensions in Figure 16.128.030.C. Disabled person parking spaces shall conform to the standards (and dimensions) in this section.

Important Cross-References. See also Division 2, Land Use District standards; Chapter 16.120, Access and Circulation; Chapter 16.124, Landscaping, Street Trees, Fences, and Walls; and Chapter 16.140, Stormwater and Surface Water Management.

Disabled Person Parking Spaces. The following parking shall be provided for disabled persons, in conformance with the Americans With Disabilities Act. Disabled parking is included in the minimum number of required parking spaces in this subsection.

All uses shall provide bicycle parking in conformance with the following standards which are evaluated during development review or site design review.

Number of Bicycle Parking Spaces. The minimum number of bicycle parking spaces required for uses is provided in Table 16.128.040.A.

Where an application is subject to Conditional Use Permit approval or the applicant has requested a reduction to the vehicle parking standard, pursuant to 16.128.030(A)(10), the City may require bicycle parking spaces in addition to those in Table 16.128.040.A.

Design and Location.

Exemptions. This section does not apply to single-family and duplex housing, home occupations, and agricultural uses. The City may exempt other uses upon finding that, due to the nature of the use or its location, it is unlikely to have any patrons or employees arriving by bicycle.

Hazards. Bicycle parking shall not impede or create a hazard to pedestrians or vehicles and shall be located so as to not conflict with the vision clearance standards of Chapter 16.132.

A clear vision area shall be maintained on the corner of property adjacent to the intersection of two streets, or adjacent to the intersection of a street and a railroad.

A clear-vision area shall consist of a triangular area. Two sides of the triangle are lot lines measured from the corner intersection of the street lot lines for a distance specified in this section or, where the lot lines have rounded corners, the lot lines extended in a straight line to a point of intersection and so measured. The triangle's third side is a line across the corner of the lot joining the non-intersecting ends of the other two sides.

A clear-vision area shall contain no planting, fence, wall, structure, or temporary or permanent obstruction exceeding 36 inches in height measured from the top of the curb or, where no curb exists, from the established street centerline grade, except:

The following dimensional requirements govern clear vision areas:

Purpose. The purpose of this chapter is to provide planning and design standards for public and private transportation facilities and utilities. Streets are the most common public spaces, touching virtually every parcel of land. Therefore, one of the primary purposes of this chapter is to provide standards for attractive and safe streets that can accommodate vehicle traffic from planned growth, and provide a range of transportation options, including options for driving, walking, bus transit, and bicycling. This chapter implements portions of the City's Transportation System Plan.

Important Cross-Reference to Other Standards. The City requires that public and private streets provide direct and convenient access, including regular intersections. Chapter 16.120, Access and Circulation, provides standards for intersections and blocks, and requires pedestrian access ways to break up long blocks.

When Standards Apply. Unless otherwise provided, the standard specifications for construction, reconstruction or repair of transportation facilities (public or private), utilities and other public improvements within the City shall occur in accordance with the standards of this chapter. No development may occur unless the public (or private, in some instances) facilities related to development comply with the public facility requirements established in this chapter.

Standard Specifications. The City shall establish standard construction specifications consistent with the design standards of this chapter and application of engineering principles. They are incorporated in this Code by reference.

Conditions of Development Approval. No development may occur unless required public facilities are in place or guaranteed, in conformance with the provisions of this Code. Improvements required as a condition of development approval, when not voluntarily accepted by the applicant, shall be roughly proportional to the impact of development. Findings in the development approval shall indicate how the required improvements are roughly proportional to the impact.

Development Standards. No development shall occur unless the lot or parcel abuts a public or private street, other than an alley, for at least 25 feet and is in conformance with the provisions of Chapter 16.120, Access and Circulation, and the following standards are met:

Variances. Variances to the transportation design standards in this section may be granted by means of a Class 2 variance, as governed by Chapter 16.272, Variances. A variance may be granted under this provision only if a required improvement is not feasible due to topographic constraints or constraints posed by sensitive lands (see Chapter 16.156).

Creation of Rights-of-Way for Streets and Related Purposes. Streets shall be created through the approval and recording of a final subdivision or partition plat; except the City may approve the creation of a street by acceptance of a deed, provided that the street is deemed essential by the City Commission for the purpose of implementing the Transportation System Plan, and the deeded right-of-way conforms to the standards of this Code. All deeds of dedication shall be in a form prescribed by the City Attorney and shall name "the public," as grantee.

Creation of Access Easements. The City may approve an access easement established by deed when the easement is necessary to provide for access and circulation in conformance with Chapter 16.120, Access and Circulation. Access easements shall be created and maintained in accordance with the Uniform Fire Code, as amended.

Street Location, Width and Grade. Except as noted below, the location, width and grade of all streets shall conform to the Transportation System Plan and Comprehensive Plan, as applicable; and an approved street plan or subdivision plat. Street location, width and grade shall be determined in relation to existing and planned streets, topographic conditions, public convenience and safety, and in appropriate relation to the proposed use of the land to be served by such streets:

Minimum Rights-of-Way and Street Sections. Street rights-of-way and improvements shall conform to the design standards in Table 16.136.010. A variance shall be required in accordance with Chapter 16.272 of this Code to vary the standards in Table 16.136.010. Where a range of width is indicated, the width shall be determined by the decision-making authority based upon the following factors:

Traffic Signals. Traffic signals shall be required with development when traffic signal warrants are met, in conformance with the Highway Capacity Manual, and Manual of Uniform Traffic Control Devices. The location of traffic signals shall be noted on approved street plans. Where a proposed street intersection will result in an immediate need for a traffic signal, a signal meeting approved specifications shall be installed. The developer's cost and the timing of improvements shall be included as a condition of development approval. Traffic signals on roads under state jurisdiction shall be determined by the Oregon Department of Transportation.

Future Street Plan and Extension of Streets.

Street Alignment and Connections.

Sidewalks, Planter Strips, Bicycle Lanes. Sidewalks, planter strips, and bicycle lanes shall be installed in conformance with the standards in Table 16.136.010, applicable provisions of the Transportation System Plan, the Comprehensive Plan, and adopted street plans. Sidewalks are required on both sides of all streets (including streets inside easements), except for alley ways and walking paths. Maintenance of sidewalks, curbs, and planter strips is the continuing obligation of the adjacent property owner.

Intersection Angles. Streets shall be laid out so as to intersect at an angle as near to a right angle as practicable, except where topography requires a lesser angle or where a reduced angle is necessary to provide an open space, pocket park, common area or similar neighborhood amenity. In addition, the following standards shall apply:

Existing Rights-of-Way. Whenever existing rights-of-way adjacent to or within a tract are of less than standard width, additional rights-of-way shall be provided at the time of subdivision or development, subject to the provisions of this chapter.

Cul-de-Sacs. A dead-end street shall be no more than 200 feet long, shall not provide access to greater than 18 dwelling units, and shall only be used when environmental or topographical constraints, existing development patterns, or compliance with other standards in this Code preclude street extension and through circulation.

Grades and Curves. Grades shall not exceed 10% on arterials, 12% on collector streets, or 12% on any other street (except that local or residential access streets may have segments with grades up to 15% for distances of no greater than 250 feet), and:

Curbs, Curb Cuts, Ramps, and Driveway Approaches. Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in Chapter 16.120, Access and Circulation, and City construction standards.

Streets Adjacent to Railroad Right-of-Way. Wherever the proposed development contains or is adjacent to a railroad right-of-way, a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the land shall be created. New railroad crossings and modifications to existing crossings are subject to review and approval by Oregon Department of Transportation.

Development Adjoining Arterial Streets. Where a development adjoins or is crossed by an existing or proposed arterial street, the development design shall separate residential access and through traffic, and shall minimize traffic conflicts. The design shall include one or more of the following:

Alleys, Public or Private. Alleys shall conform to the standards in Table 16.136.010. While alley intersections and sharp changes in alignment shall be avoided, the corners of necessary alley intersections shall have a radius of not less than 12 feet.

Private Streets. Private streets shall not be used to avoid connections with public streets. Gated communities (i.e., where a gate limits access to a development from a public street) are prohibited. Design standards for private streets are the same as design standards for public streets and shall conform to the provisions of Table 16.136.010.

Street Names. Street naming and numbering in the City of Warrenton (and Hammond) shall follow the uniform system of the City's addressing ordinance (Ord. No. 359-A). Street names, signs and numbers shall conform to the City's addressing ordinance.

Survey Monuments. Upon completion of a street improvement and prior to acceptance by the City, it shall be the responsibility of the developer's registered professional land surveyor to provide certification to the City that all boundary and interior monuments shall be reestablished and protected.

Street Signs. The City, county or state with jurisdiction shall install all signs for traffic control and street names. The cost of signs required for new development shall be the responsibility of the developer. Street name signs shall be installed at all street intersections. Stop signs and other signs may be required.

Mail Boxes. Plans for mail boxes to be used shall be approved by the United States Postal Service.

Street Light Standards. Street lights shall be installed in accordance with City standards.

Street Cross-Sections. The final lift of asphalt or concrete pavement shall be placed on all new constructed public roadways prior to final City acceptance of the roadway and within one year of the conditional acceptance of the roadway unless otherwise approved by the City appointed engineer.

Dedication Requirements.

Acquisition by Public Agency. If the developer is required to reserve land area for a park, playground, or other public use, the land shall be acquired by the appropriate public agency within 12 months following final plat approval, at a price agreed upon prior to approval of the plat, or the reservation shall be released to the property owner.

System Development Charge Credit. Dedication of land to the City for public use areas shall be eligible as a credit toward any required system development charge for parks.

Sewers and Water Mains Required. Sanitary sewers and water mains shall be installed to serve each new development and to connect developments to existing mains in accordance with the City's construction specifications and the applicable Comprehensive Plan policies. Where City sanitary sewers are not physically or legally available to service the site, the applicant must demonstrate provisions for a suitable onsite disposal system permitted by DEQ prior to issuance of City permits. All development within a growth management (GM) zone, as identified on the official Warrenton Zoning Map, shall comply with the growth management zone standards of Chapter 16.112.

Sewer and Water Plan Approval. Development permits for sewer and water improvements shall not be issued until the City-appointed engineer has approved all sanitary sewer and water plans in conformance with City standards.

Over-sizing. Proposed improvements to the City sewer and water systems shall be sized to accommodate additional development within the area as projected by the Comprehensive Plan, Water System Master Plan, and/or Sanitary Sewer Master Plan. The developer shall be entitled to system development charge credits for the over-sizing.

Permits Denied. Development permits may be restricted by the City where a deficiency exists in the existing water or sewer system which cannot be rectified by the development and which if not rectified will result in a threat to public health or safety, surcharging of existing mains, or violations of state or federal standards pertaining to operation of domestic water and sewerage treatment systems. Building moratoriums shall conform to the criteria and procedures contained in ORS 197.505.

General Provisions. The City shall issue a development permit only where adequate provisions for stormwater and floodwater runoff have been made in conformance with Chapter 16.140, Stormwater and Surface Water Management.

Accommodation of Upstream Drainage. Culverts and other drainage facilities shall be large enough to accommodate potential runoff from the entire upstream drainage area, whether inside or outside the development. Such facilities shall be subject to review and approval by the City-appointed engineer.

Effect on Downstream Drainage. Where it is anticipated by the City-appointed engineer that the additional runoff resulting from the development will overload an existing drainage facility, the City shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with City standards.

Easements. Where a development is traversed by a watercourse, wetland, drainage way, channel or stream, the City may require a dedication of a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width as will be adequate for conveyance and maintenance.

Underground Utilities. All utility lines including, but not limited to, those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, and high capacity electric lines operating at 50,000 volts or above. The following additional standards apply to all new land divisions, in order to facilitate underground placement of utilities:

Easements. Easements shall be provided for all underground utility facilities.

Exception to Undergrounding Requirement. The standard applies only to proposed land divisions and large-scale developments. An exception to the undergrounding requirement may be granted due to physical constraints, such as steep topography or existing development conditions.

Conformance Required. Improvements installed by the developer either as a requirement of these regulations or at his/her own option, shall conform to the requirements of this chapter, approved construction plans, and to improvement standards and specifications adopted by the City.

Adopted Installation Standards. The Oregon Standard Specifications for Construction (combined APWA/ODOT standards) shall be a part of the City's adopted installation standard(s); other standards may also be required upon recommendation of the City-appointed engineer.

Commencement. Work shall not begin until the City has been notified in advance and all required permits have been issued.

Resumption. If work is discontinued for more than one month, it shall not be resumed until the City is notified.

City Inspection. Improvements shall be constructed under the inspection and to the satisfaction of the City. The City may require minor changes in typical sections and details if unusual conditions arising during construction warrant such changes in the public interest. Modifications requested by the developer shall be subject to land use review under Chapter 16.228, Modifications to Approved Plans and Conditions of Approval. Any monuments that are disturbed before all improvements are completed by the subdivider shall be replaced prior to final acceptance of the improvements.

Engineer's Certification and As-Built Plans. A registered civil engineer shall provide written certification in a form required by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, conform to approved plans and conditions of approval, and are of high grade, prior to City acceptance of the public improvements, or any portion thereof, for operation and maintenance. The developer's engineer shall also provide four set(s) of "as-built" plans, in conformance with the City-appointed engineer's specifications, for permanent filing with the City.

To the extent practicable, all development must conform to the natural contours of the land and natural and pre-existing man-made drainage ways must remain undisturbed.

To the extent practicable, lot boundaries created by partition or subdivision must coincide with natural and pre-existing man-made drainage ways to avoid the creation of lots that can be built upon only by altering such drainage ways.

All developments must provide an adequate drainage system to prevent the undue detention or retention of stormwater or surface water on the development site. Stormwater or surface water will not be regarded as unduly detained or retained if:

No stormwater may be channeled and directed into a sewer line.

Whenever practicable, the drainage system of a development must coordinate with and connect to the drainage systems or drainage ways on surrounding properties or streets.

All developments must be constructed and maintained so that adjacent properties are not unreasonably burdened with stormwater runoff as a result of the developments.

No development may be constructed or maintained so that the development unreasonably impedes the natural flow of water from higher adjacent properties across the development, resulting in substantial damage to the higher adjacent properties; and

No development may be constructed or maintained so that stormwater from the development is collected and channeled into natural or man-made drainage ways, such that the volume and/or rate of flow is substantially greater than the pre-development volume and/or rate.

No development may be constructed such that the flow of water through natural or existing man-made drainage ways is obstructed. Bridges and culverts constructed to allow the flow of water through a development must be designed to pass flow during a 100-year storm event.

For projects that disturb over one acre, applicants must apply to Oregon Department of Environmental Quality (DEQ) for a National Pollutant Discharge Elimination Control System (NPDES) 1200(C) permit.

Erosion and sediment control plans are required by the City as a component of the site plan for all plats and all projects which require site plan review. Erosion control plans must be designed to the specifications as outlined in this chapter.

Development of the land may not begin (and no building permits may be issued) until the City-appointed engineer approves the erosion control plan.

For purposes of this section, "disturb" means any use of the land by any person in any development, and/or road construction and maintenance that results in a change in the natural cover or topography that may cause or contribute to sedimentation. Sedimentation occurs whenever solid particulate matter, mineral or organic, is transported by water, air, gravity or ice from the site of its origin.

Storm sewers constructed within the street will be sized by the developer's engineer and will consider all potential runoff requirements within the site and upstream of the site.

On-site detention shall be required for new development where downstream deficiencies exist or are anticipated to exist. The square footage considers the total development of the property including the future potential impervious surface. Required design recurrence criteria for a commercial or residential storm drainage detention facility is a 10-year interval. Development that has less than 5,000 square feet of impervious surface is exempt from detention requirements.

Pervious pavement, and pavement and roofs that drain to an infiltration facility will not be counted when sizing a detention facility to handle the stormwater design.

Signs shall not extend into, over or upon any public street or right-of-way. A sign may extend over a public sidewalk provided the bottom of the sign structure shall be at least eight feet above the grade of the sidewalk and the sign does not project more than three feet into the public right-of-way. A highway directional or informational sign maintained and owned by the Oregon Department of Transportation may extend over a street right-of-way.

Signs or sign supporting structures shall not be located so as to detract from a motorist's view of vehicular or pedestrian traffic or a traffic sign.

All signs shall be designed and located so as to prevent the casting of glare or direct light from artificial illumination upon adjacent publicly dedicated streets, surrounding public or private streets, or surrounding public or private property.

Sign area does not include foundation supports and other essential structures serving as a backdrop or border to the sign. Only one side of a double faced sign is counted in measuring the area of a sign.

Signs shall not contain flashing, moving, rotating or otherwise animated parts.

All signs together with their supporting structure shall be kept in good repair and maintenance.

It is the responsibility of the property owner to remove any abandoned sign within 30 days of the cessation of its use.

Murals painted directly upon exterior walls are not signs (not windows) and are exempt from this section. Murals must be professional-grade and maintained in accordance with the accepted practices of the International Union of Painters and Allied Trades.

Off-site signs shall be prohibited.

Unless otherwise restricted elsewhere in this Code, permitted and conditional uses are permitted permanent signs with a cumulative area based on lineal feet of street frontage, up to a maximum of 400 square feet. For sites with more than one side of street frontage, signs based on the length of one site frontage may not be placed on another site frontage. Sites with frontage on Highway 101 are permitted up to two square feet of cumulative sign area per front foot. Except as otherwise restricted by this Code, all other commercial and industrial sites may have up to one square foot of cumulative sign area per lineal foot of street frontage.

Unless otherwise restricted elsewhere in this Code, permitted and conditional uses shall have no more than 50 square feet of temporary sign space.

No sign shall exceed 45 feet in height or extend higher than 10 feet above the height of the building to which it is attached or associated, whichever is less.

Signs in commercial and industrial districts (C-1, C-2, C-MU, R-C, I-1, I-2) along Fort Stevens Highway/State Highway No. 104 (S. Main Avenue, N. Main Avenue, NW Warrenton Drive, and Pacific Drive) shall be limited to a cumulative of 32 square feet of sign area per commercial or industrial use. For sites with more than one side of street frontage, one additional sign (up to 32 square feet) may be provided.

Scrolling electronic reader board signs are not allowed in the areas described in subsection D of this section.

One professional-grade sandwich board, not taller than four feet in height, may be permitted for each commercial use provided that no less than six feet of unobstructed pedestrian corridor is maintained across the property at all times.

Unless otherwise permitted by site design review or other City action, the total number of signs allowed per commercial or industrial use shall be two signs (i.e., one pole sign together with one projecting wall sign or one projecting wall sign together with one sandwich board sign, etc.). For sites with more than one side of street frontage, one additional sign (up to 32 square feet or based on lineal feet of street frontage, as applicable) may be provided.

Provide a process and uniform comprehensive standards for the development of wireless communication facilities (WCFs);

Enhance the ability to provide communications services to City residents, businesses, and visitors;

Protect the City's natural resources, historical resources, and visual environment from potential adverse effects of wireless communication facilities, through careful design and siting standards.

Satellite dishes having diameters of three feet or less are exempt from this section and shall be permitted in all zones without need for review or permit by the City of Warrenton.

Satellite dishes with diameters greater than three feet shall be permitted in all zones and shall be located on the ground in the rear yard no closer than five feet to a rear or side property line.

A visual study containing, at a minimum, a vicinity map depicting where, within a one-half-mile radius, any portion of the proposed tower could be visible, and a graphic simulation showing the appearance of the proposed tower and accessory structures from two separate points within the impacted vicinity, accompanied by an assessment of potential mitigation measures. Such points are to be mutually agreed upon by the Community Development Director and the applicant.

Documentation of the steps that will be taken to minimize the visual impact of the proposed facility.

A landscape plan drawn to scale that is consistent with the need for screening at the site. Existing vegetation that is to be removed must be clearly indicated and provisions for mitigation included where appropriate.

A feasibility study for the collocation of telecommunication facilities as an alternative to new structures, in conformance with Section 16.148.060. The feasibility study shall include:

A report containing the following information:

A description of anticipated maintenance needs, including frequency of service, personnel needs, equipment needs and potential safety impacts of such maintenance.

If a new tower is approved, the owner shall be required, as a condition of approval, to:

The planning official may request any other information deemed necessary to fully evaluate and review the application and the potential impact of a proposed tower and/or antenna.

A WCF conditional use permit application fee as established by resolution of the Warrenton City Commission.

To encourage shared use of towers, a conditional use permit shall not be required for the addition of antennae to an existing tower that has been already been designed and permitted to receive additional antennae arrays. A Type I Administrative Review by the Community Development Director and compliance with the Uniform Building Code and/or the State of Oregon Structural Specialty Code is required.

The height of an existing support structure may be increased by 10 feet or less for the purpose of accommodating collocation without a discretionary review process by the City, provided that there is no change to the type of tower and tower height is increased by the minimum amount necessary to accommodate the collocated facilities. Increases in height exceeding 10 feet, but not more than 20 feet, beyond the original design shall require the approval of a Type I administrative review permit as provided in Chapters 16.204 and 16.208. Height increases of 20 or more feet for the purpose of accommodating collocation shall require the approval of a conditional use permit.

All collocated facilities, and additions to existing towers, shall meet all requirements of the State of Oregon Structural Specialty Code, latest adopted edition. A building permit shall be required for such alterations or additions. Documentation shall be provided by a licensed professional engineer, verifying that changes or additions to the tower structure will not adversely affect the structural integrity of the tower.

All collocated facilities shall be designed in such a way as to be visually compatible with the tower structures on which they are placed.

Tower Height. Freestanding WCFs shall be exempted from height limitations. This exemption notwithstanding, the height and mass of the transmission tower shall be the minimum, which is necessary for its intended use, as demonstrated in a report prepared by a licensed professional engineer.

A WCF that is attached to an alternative tower structure may not exceed the height of the alternative tower structure, unless findings are made by the Planning Commission that such an increase will have a minimal impact on the appearance of the structure.

All applications for development of new WCFs, or proposals to modify existing WCFs shall contain written consents from the following agencies: the FAA, FCC, ODOT Aeronautics Division, and Port of Astoria. This list is not meant to be an exhaustive list; the applicant is responsible for assuring that all new development complies with all applicable local, state, and federal laws.

The City of Warrenton supports use of the newest technology available to help camouflage WCFs and their support towers. At the writing of this Development Code (September 2002), the City of Warrenton considers the following design standard to be of the highest preference to the City: Collocate monopole with matching short-davit arm antennae array configurations, painted off-white.

When approved by the building official, grading in an isolated, self-contained area if there is no danger to private or public property.

An excavation below finished grade for basements and footings of a building, retaining wall, or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any structure having unsupported height greater than five feet after completion of such structure.

Cemetery graves.

Refuse disposal sites controlled by other regulations.

Excavations for wells, tunnels, or utilities.

Mining, quarrying, processing, stockpiling of rock, sand, gravel, aggregate, or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property.

Exploratory excavations under the direction of soil engineers or engineering geologists.

An excavation which: (1) is less than two feet in depth; or (2) which does not create a cut slope greater than five feet in height and steeper than one unit vertical in one and one-half units horizontal (66.7% slope).

A fill less than one foot in depth and placed on natural terrain with a slope flatter than one unit vertical in five units horizontal (20% slope), or less than three feet in depth, not intended to support structures, that does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course.

Permits Required. Except as exempted in Section 16.152.040, no person shall do any grading without first obtaining a grading permit from the building official. A separate permit shall be obtained for each site, and may cover both excavations and fills.

Application. To obtain a grading permit, the applicant shall file an application in writing to the City of Warrenton on a form furnished by the building official. Every such application shall contain:

Grading Designation. Grading in excess of 5,000 cubic yards shall be permitted in accordance with the approved grading plan prepared by a civil engineer, and shall be designated as "engineered grading." Grading involving less than 5,000 cubic yards shall be designated as "regular grading" unless the permittee chooses to have the grading performed as engineered grading, or the building official determines that special conditions or unusual hazards exist, in which case grading shall conform to the requirements of engineered grading.

Engineered Grading Requirements. As required by the currently adopted Oregon Structural Specialty Code Appendix J, as may be amended.

Regular Grading Requirements. Each application for a grading permit shall be accompanied by a plan in sufficient clarity to indicate the nature and extent of the work. The plans shall give the location of the work, the name of the owner, and the name of the person who prepared the plan. The plan shall include the following information:

Issuance.

General. Grading operations for which a permit is required shall be subject to inspection by the building official. Professional inspection of grading operations shall be provided by the civil engineer, soils engineer, and the engineering geologist retained to provide such services in accordance with this section for engineered grading and as required by the building official for regular grading.

Civil Engineer. The civil engineer shall provide professional inspection within such engineer's area of technical specialty, which shall consist of observation and review as to the establishment of line, grade, and surface drainage of the development area. If revised plans are required during the course of the work they shall be prepared by the civil engineer.

Soils Engineer. The soils engineer shall provide professional inspection within such engineer's area of technical specialty, which shall include observation during grading and testing for required compaction. The soils engineer shall provide sufficient observation during preparation of the natural ground and placement and compaction of the fill to verify that such work is being performed in accordance with the conditions of the approved plan and the appropriate requirements of this chapter. Revised recommendations relating to conditions differing from the approved soils engineering and engineering geology reports shall be submitted to the permittee, building official, and the civil engineer.

Engineering Geologist. The engineering geologist shall provide professional inspection within such engineer's area of technical specialty, which shall include professional inspection of the bedrock excavation to determine if conditions encountered are in conformance with the approved report. Revised recommendations relating to conditions differing from the approved engineering geology report shall be submitted to the soils engineer.

Permittee. The permittee shall be responsible for the work to be performed in accordance with the approved plans and specifications and in conformance with the provisions of this Code, and the permittee shall engage consultants, if required, to provide professional inspections on a timely basis. The permittee shall act as a coordinator between the consultants, the contractor, and the building official. In the event of changed conditions, the permittee shall be responsible for informing the building official of such change and shall provide revised plans for approval.

Building Official. The building official shall inspect the project at the various stages of work requiring approval to determine that adequate control is being exercised by the professional consultants.

Notification of Noncompliance. If, in the course of fulfilling their respective duties under this chapter, the civil engineer, the soils engineer, or the engineering geologist finds that the work is not being done in conformance with this chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the permittee and the building official.

Transfer of Responsibility. If the civil engineer, the soils engineer, or the engineering geologist of record is changed during grading, the work shall be stopped until the replacement has agreed in writing to accept their responsibility within the area of technical competence for approval upon completion of the work. It shall be the duty of the permittee to notify the building official in writing of such change prior to the recommencement of such grading.

General. Unless otherwise recommended in the approved soils engineering or engineering geology report, cuts shall conform to the provisions of this section. In the absence of an approved soils engineering report, these provisions may be waived for minor cuts not intended to support structures.

Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use and shall be no steeper than one unit vertical in two units horizontal (50% slope) unless the permittee furnishes a soils engineering or engineering geology report, or both, stating that the site has been investigated and given an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private property.

General. Unless otherwise recommended in the approved soils engineering report, fills shall conform to the provisions of this section. In the absence of an approved soils engineering report, these provisions may be waived for minor fills not intended to support structures.

Preparation of Ground. Fill slopes shall not be constructed on natural slopes steeper than one unit vertical in two units horizontal (50% slope). The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil, and other unsuitable materials scarifying to provide a bond with the new fill and, where slopes are steeper than one unit vertical in five units horizontal (20% slope) and the height is greater than five feet, by benching into sound bedrock or other competent material as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than one unit vertical in five units horizontal (20% slope) shall be at least 10 feet wide. The area beyond the toe of the fill shall be sloped for sheet overflow or a paved drain shall be provided. When fill is to be placed over a cut, the bench under the toe of the fill shall be at least 10 feet wide but the cut shall be made before placing the fill and acceptance by the soils engineer or engineering geologist or both as a suitable foundation for fill.

Fill Material. Detrimental amounts of organic material shall not be permitted in fills. Except as permitted by the building official, no rock or similar irreducible material with a maximum dimension of greater than 12 inches shall be buried or placed in fills. The building official may permit the placement of larger rock when the soils engineer properly devises a method of placement and continuously inspects its placement and approves the fill stability. The following conditions shall also apply: (1) prior to issuance of a grading permit, potential rock disposal areas shall be delineated on the grading plan; (2) rock sizes greater than 12 inches in maximum dimension shall be 10 feet or more below grade, measured vertically; and (3) rocks shall be placed so as to assure filling of all voids with well-graded soil.

Compaction. All fills shall be compacted to a minimum of 90% of maximum density.

Slope. The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than one unit vertical in two units horizontal.

General. Cut and fill slopes shall be set back from site boundaries in accordance with this section. Setback dimensions shall be horizontal distances measured perpendicular to the site boundary.

Top of Cut Slope. The top of cut slopes shall not be made nearer to a site boundary line than one-fifth the vertical height of cut with a minimum of two feet and a maximum of 10 feet. The setback may need to be increased for any required interceptor drains.

Toe of Fill Slope. The toe of fill slope shall be made not nearer to the site boundary line than one half the height of the slope with a minimum of two feet and a maximum of 20 feet. Where a fill slope is to be located near the site boundary and the adjacent off-site property is developed, special precautions shall be incorporated in the work as the building official deems necessary to protect adjoining property from damage as a result of such grading. These precautions may include, but are not limited, to (1) additional setbacks; (2) provisions for retaining or slough walls; (3) mechanical or chemical treatment of the fill slope surface to minimize erosion; and (4) provisions for the control of surface waters.

Modification of Slope Location. The building official may approve additional setbacks. The building official may require investigation and recommendation by a qualified engineer or engineering geologist to demonstrate that the intent of this section has been satisfied.

General. Unless otherwise indicated on the approved grading plan, drainage facilities and terracing shall conform to the provisions of this section for cut or fill slopes steeper than one unit vertical in three units horizontal (33.3% slope).

Terraces.

Subsurface Drainage. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability.

Disposal.

Interceptor Drains. Paved interceptor drains shall be installed along the top of all cut slopes where the tributary drainage area above slopes toward the cut and has a drainage path greater than 40 feet measure horizontally. Interceptor drains shall be paved with a minimum of three inches of concrete or gunite and reinforced. They shall have a minimum depth of 12 inches and a minimum paved width of 30 inches measured horizontally across the drain. The slope of the drain shall be approved by the building official.

Slopes. The faces of cut and fill slopes shall be prepared and maintained to control against erosion. This control may consist of effective planting. The protection of the slopes shall be installed as soon as practicable and prior to calling for final approval. Where cut slopes are not subject to erosion due to the erosion-resistant character of the material, such protection may be omitted.

Other Devices. Where necessary, check dams, cribbing, riprap, or other devices or methods shall be employed to control erosion and provide safety.

An as-built grading plan prepared by the civil engineer retained to provide such services in accordance with Section 16.152.070 showing original ground surface elevations, as-graded ground surface elevations, lot drainage patterns, and the locations and elevations of surface drainage facilities and of the outlets of subsurface drains. As-constructed locations, elevations, and details of subsurface drains shall be shown as reported by the soils engineer.

Civil engineers shall state that to the best of their knowledge the work within the specified area of responsibility was done in accordance with the final approved grading plan.

A report prepared by a soils engineer retained to provide such services in accordance with Section 16.152.070, including locations and elevations of field density tests, summaries of field and laboratory tests, other substantiating data, and comments on any changes made during grading and their effect on recommendations made in the approved soils engineering investigation report. Soils engineers shall submit a statement that, to the best of their knowledge, the work within their area of responsibilities is in accordance with the approved soils engineering report and applicable provisions of this chapter.

Applications to the City of Warrenton for subdivision, partition planned unit development, conditional use, site design review, variance, or temporary building permits that would lead to the disturbance of a wetland upon approval and issuance of grading or building permits, shall include a delineation of the wetland boundary, approved by the Oregon Department of State Lands.

Applications to the City of Warrenton for grading or building permits that would authorize development within a jurisdictional wetland boundary approved by the Oregon Department of State Lands shall contain the following:

Applications to the City of Warrenton for subdivision, partition, planned unit development, conditional use, site design review, variance, or temporary building permits that include designs of altering land within 25 feet of a mapped wetland, or grading permits or building permits that would alter land within 25 feet of a mapped wetland boundary, but not within a mapped wetland area itself, shall contain the following:

Applications to the City of Warrenton for subdivision, partition, planned unit development, conditional use, site design review, variance, or temporary building permits, or grading or building permits on parcels that contain mapped wetland areas but would not alter land within 25 feet of a mapped wetland area, or portion thereof, shall present a to-scale drawing that clearly depicts the wetland boundary (as mapped on the City of Warrenton Wetland Conservation Plan Inventory) and the proposed setback to the wetland area for all new or proposed development. A delineation of the wetland boundary, approved by the Oregon Department of State Lands, is not required by the City of Warrenton but may be submitted in lieu of the wetland boundary on the wetland inventory.

The City of Warrenton will notify the Oregon Department of State Lands of applications for preliminary plat, partition, planned unit development, conditional use, site design review, variance, or temporary building permits, and grading and building permits that appear to affect a wetland on the City of Warrenton Wetland Conservation Plan Inventory (Local Wetland Inventory) dated October 17, 1997 or other waters.

The following additional development standards shall apply to all development in significant wetlands as designated on the City of Warrenton Locally Significant Wetland Map dated January 21, 2004.

Alteration of a significant wetland or portion of a significant wetland by grading, excavating, placement of fill including structures, and removal of vegetation, shall be prohibited, except for the following uses, upon demonstration that the uses are designed and constructed to minimize intrusion into the wetland area:

The City of Warrenton Riparian Corridor Map dated January 21, 2004, together with the City of Warrenton Riparian Corridor Inventory and ESEE Analysis dated January 21, 2004 identify the following riparian corridors map units number:

Conflicts between site conditions and riparian corridors shown on the City of Warrenton Riparian Corridor Map and Riparian Corridor Inventory and ESEE Analysis dated January 21, 2004 shall be resolved using the procedure described in Section 16.156.070.

Rivers, lakes, creeks, and sloughs in the City of Warrenton that are subject to the riparian corridor development standards of this section are shown on the City of Warrenton Riparian Corridor Map and Riparian Corridor Inventory and ESEE Analysis dated January 21, 2004. Individual riparian corridor unit maps dated January 21, 2004 that show the ESEE Impact Areas and riparian corridor boundaries, as required by Statewide Planning Goal 5, have been adopted as part of the Riparian Corridor Map and Riparian Corridor Inventory and ESEE Analysis. The inventory of significant riparian corridors is listed in Section 16.156.050 and is contained in Chapter 3 of the Riparian Corridor Inventory and ESEE Analysis. The Riparian Corridor Map and Riparian Corridor Inventory and ESEE Analysis, together with the individual riparian corridor unit maps, have been adopted as an addendum to the Warrenton Comprehensive Plan. Riparian corridors that have been identified as nonsignificant for purposes of Statewide Planning Goal 5 are not subject to the provisions of this section.

This chapter shall prevent the permanent alteration of the riparian corridor by grading or by the placement of structures or impervious surfaces, except for the following uses, upon demonstration that the uses are designed and constructed to minimize intrusion into the riparian area:

This chapter shall prevent the permanent alteration of the riparian corridor by removal or alteration of vegetation, or soil disturbance, except for the following uses, upon demonstration that the uses are designed and constructed to minimize intrusion into the riparian area:

Riparian corridors as shown on the City of Warrenton Riparian Corridor Map and Riparian Corridor Inventory and ESEE Analysis dated January 21, 2004 may not be accurate enough or sufficiently detailed to precisely locate the riparian corridor on a particular parcel. In instances where the Community Development Director cannot accurately determine the riparian corridor on a particular parcel, he or she may request additional information from the landowner or permit applicant. The landowner or applicant may provide the City with additional site-specific information concerning the location of the riparian corridor on their parcel including, but not limited to a boundary survey, topographic map, aerial photograph, hydrographic date or other information that helps determine the location of the top of bank and the limits of the riparian corridor on the parcel.

The Community Development Director shall rely on site-specific information provided by the landowner or applicant to resolve any conflicts concerning location of a riparian corridor on a site unless contradicted by substantial evidence.

A landowner or applicant may appeal the Community Development Director's decision concerning the location of a riparian corridor to the Planning Commission using the procedure of Section 16.208.030.

For any lands demonstrated to have been rendered not buildable by application of this chapter, the property owner may apply for a hardship variance for relief from the restrictions of this chapter.

Hardship variance applications are subject to review in accordance with the standards of Section 16.208.050, Type III Procedure (Quasi-Judicial). Granting of a hardship variance requires that:

The 1" = 400' feet maps entitled City of Warrenton Wetland Conservation Plan Inventory dated October 17, 1997 show approximate wetland boundaries for wetland areas within the Warrenton Urban Growth Boundary. (These maps are also referred to as the City of Warrenton Local Wetland Inventory (LWI) maps.)

To amend the City's LWI maps, a property owner, or its agent, must submit a jurisdictional delineation of the appropriate wetland boundary to the City of Warrenton. Upon receipt of the wetland delineation by the City, the Community Development Director shall use a Type I Ministerial Procedure to confirm that the Oregon Division of State Lands has concurred with the wetland delineation in writing.

Written concurrence by the DSL of the wetland delineation shall compel the City to amend the LWI maps and produce a written record of the decision to the property owner.

The City's decision may be appealed in accordance with Section 16.208.030.

A proposed change to the significance determination of a wetland that is depicted on the City of Warrenton Locally Significant Wetland Map (LSW Map) shall follow the Type IV Procedure (Legislative and Map Amendments) procedure of Sections 16.208.060 and 16.232.030.

The LSW Map is adopted as part of the Warrenton Comprehensive Plan. Thus, amendments to the Map are subject to review by the Warrenton Planning Commission and City Commission. The Planning Commission shall make a recommendation to the City Commission and the City Commission shall decide such applications.

Approval of a quasi-judicial amendment to the LSW Map shall be based on the following criteria:

The City Commission's decision may be appealed to the Oregon Land Use Board of Appeals.

Water diversion structures or man-made spawning channels shall be designed and built to maintain minimum stream flows for aquatic life in affected streams.

Water discharged from aquaculture or hatchery facilities shall comply with State or Federal discharge permit conditions.

Aquaculture facilities shall be located far enough from sanitary sewer outfalls to avoid potential health hazards.

Aquaculture facilities shall be constructed to blend in with and not detract from the aesthetic qualities of the area. In developed areas, views from upland property shall be given consideration in facility design.

In-water construction activity in aquatic areas shall follow the recommendations of State and Federal fisheries agencies with respect to project timing to avoid unnecessary impacts on migratory fish.

Commercial fish drifts shall be protected from conflicting in-water activity, including dredging, in-water dredge material disposal, and aquatic area mining and mineral extraction, by coordinating review of such activity with fishery regulatory agencies, fishing organizations, drift captains and drift right owners, and other interested parties.

Prior to approval of in-water activities with the potential for affecting fisheries, the project sponsor shall notify local drift captains, the Columbia River Fisherman's Protective Union and the Northwest Gillnetters Association.

New or expanded shoreland and aquatic area facilities for the storage or transmission of petroleum products must have on-site equipment for the containment of oil spills.

New or expanded facilities for deep-water navigation, port or industrial development requiring aquatic area dredging or filling may be allowed only if all of the following criteria are met:

Deep-water navigation, port or industrial development requiring new piling or dolphin installation, construction of pile-supported structures, or other uses or activities which could alter the estuary may be permitted only if all of the following criteria are met:

Off-street parking may only be located over an aquatic area if all of the following conditions are met:

Dike maintenance and repair may be allowed under any of the following circumstances:

Dike maintenance and repair are distinguished from new dike construction. To qualify as maintenance and repair, changes in the location, size, configuration, orientation and alignment of the dike must be limited to the minimum amount necessary to retain or restore its operation or function or to meet current engineering standards. Filling aquatic areas for dike maintenance may be allowed only if it can be clearly demonstrated that there are no feasible engineering alternatives, which would avoid the use of aquatic area fill.

The outside dike face shall be suitably protected from erosion during construction and maintenance operations. Shoreline stabilization standards shall be met.

New dikes in aquatic areas may be permitted either:

Dredging in estuarine aquatic areas, subject to dredging and dredged material disposal policies and standards, shall be allowed only if all of the following criteria are met:

When dredging is permitted, the dredging shall be the minimum necessary to accomplish the proposed use.

Undesirable erosion, sedimentation, increased flood hazard, and other changes in circulation shall be avoided at the dredging and disposal site and in adjacent areas.

The timing of dredging and dredged material disposal operations shall be coordinated with state and federal resource agencies, local governments, and private interests to protect estuarine aquatic and shoreland resources, minimize interference with commercial and recreational fishing, including snag removal from gillnet drifts, and insure proper flushing of sediment and other materials introduced into the water by the project.

Bottom sediments in the dredging area shall be characterized by the applicant in accordance with U.S. Environmental Protection Agency, and Oregon Department of Environmental Quality standards. Information that may be required includes, but is not limited to, sediment grain size distribution, organic content, oil and grease, selected heavy metals, pesticides and other organic compounds, and benthic biological studies. The types of sediment tests required will depend on dredging and disposal techniques, sediment grain size, available data on the sediments at the dredging site, and proximity to contaminant sources. Generally, projects involving in-water disposal of fine sediments will require a higher level of sediment testing than projects involving disposal of coarse sediments. Projects involving upland disposal may be exempted from the testing requirement, depending on the nature of the sediments and the amount of existing sediment data available. Unreasonable burdens on the permit applicant shall be minimized by considering the economic cost of performing the sediment evaluation, the utility of the data to be provided, and the nature and magnitude of any potential environmental effect.

Adverse short-term effects of dredging and aquatic area disposal such as increased turbidity, release of organic and inorganic materials or toxic substances, depletion of dissolved oxygen, disruption of the food chain, loss of benthic productivity, and disturbance of fish runs and important localized biological communities shall be minimized.

The effects of both initial and subsequent maintenance dredging, as well as dredging equipment marshalling and staging, shall be considered prior to approval of new projects or expansion of existing projects. Projects will not be approved unless disposal sites with adequate capacity to meet initial excavation dredging and at least five years of expected maintenance dredging requirements are available.

Dredging for maintenance of existing tidegate drainage channels and drainage ways is limited to the amount necessary to maintain and restore flow capacity essential for the function (the drainage service provided by the tidegate) of tidegates and to allow drainage and protection of agricultural and developed areas. Tidegate maintenance dredging does not include enlarging or extending the dimensions of, or changing the bottom elevations of, the affected tidegate drainage channel or drainage way as it existed prior to the accumulation of sediments.

Dredging for mining and mineral extraction, including sand extraction, shall only be allowed in areas deeper than 10 feet below MLLW where the project sponsor demonstrates that mining and mineral extraction in aquatic areas is necessary because no feasible upland sites exist and that the project will not significantly impact estuarine resources. The estuary bottom at the project site shall be sloped so that sediments from areas shallower than 10 feet below MLLW and other areas not included in the project do not slough into the dredged area. Dredging as part of an approved dredging project which also provides fill for an approved fill project shall not be subject to this standard.

When proposing dredging for sand extraction, the project sponsor shall first consider obtaining the material from a shoaled area within a federally-authorized navigation channel that is currently shallower than its authorized depth. Said dredging shall be coordinated with the U.S. Army Corps of Engineers. The dredging depth shall not exceed the authorized channel depth plus any over-dredging that the Corps would normally perform while maintaining the site.

Dredged material disposal shall occur only at designated sites or at new sites which meet the requirements of the dredged material disposal site selection policies.

Proposals for in-water disposal of dredged materials, including flow lane disposal, beach nourishment, estuarine open-water disposal, ocean disposal, and agitation dredging, shall:

Proposals for in-water estuary disposal shall be coordinated with commercial fishing interests, including, but not limited to: gillnet drift captains at the dredging and disposal site, the Columbia River Fisherman's Protective Union, Northwest Gillnetters Association, and the state fishery agencies. In-water disposal actions shall avoid gillnet drifts whenever feasible. When it is not feasible to avoid gillnet drifts, impacts shall be minimized in coordination with fisheries interests through:

Flow lane disposal, estuarine open water disposal and agitation dredging shall be monitored to assure that estuarine sedimentation is consistent with the resource capabilities and purpose of affected natural and conservation designations. The monitoring program shall be established prior to undertaking disposal. The program shall be designed to both characterize baseline conditions prior to disposal and monitor the effects of the disposal. The primary goals of the monitoring are to determine if the disposal is resulting in measurable adverse impacts and to establish methods to minimize impacts. Monitoring shall include, at a minimum, physical measurements such as bathymetric changes and may include biological monitoring. Specific monitoring requirements shall be based on, at a minimum, sediment grain size at the dredging and disposal site, presence of contaminants, proximity to sensitive habitats and knowledge of resources and physical characteristics of the disposal site. The monitoring requirement shall be discontinued when adequate information has been gathered to determine impacts and establish an agreed-upon disposal volume and methodology. If the agreed-upon volume and methodology is altered, the monitoring requirement may be reestablished. Monitoring may be waived on small projects where the impacts would be undetectable. A decision to waive the requirement shall be made in coordination with state and federal regulatory agencies.

Flow lane disposal shall be in aquatic development areas, or areas where an exception to Goal 16 has allowed in-water disposal of dredged material in depths greater than 20 feet and contiguous to the Federal Navigation Channel which encroach into designated Conservation Aquatic areas, that have been identified as low in benthic productivity and use of these areas shall not have adverse hydraulic effects. Use of flow lane disposal areas in the estuary shall be allowed only when no feasible alternative land or ocean disposal sites with less damaging environmental impacts can be identified and the biological and physical impacts of flow lane disposal are demonstrated to be insignificant. The feasibility and desirability of alternative sites shall take into account, at a minimum:

Ocean disposal shall be conducted such that:

Beach nourishment shall only be conducted at sites identified in the Dredged Material Management Plan. New sites may be added to the Plan by amendment after an exception to Oregon Statewide Planning Goal 16 for the site has been approved. Beach nourishment shall be conducted such that:

Except as noted below, land disposal and site preparation shall be conducted such that:

Land disposal sites which are not intended for dredged material disposal or development use within a two-year period following disposal shall be revegetated as soon as site and weather conditions allow, unless habitat management plans agreed upon by resource management agencies specify that open sand areas should remain at the site. The project sponsor shall notify the City and state and federal permitting and resource management agencies when disposal is completed and shall coordinate revegetation with these agencies.

The notification shall be sent to at least the following agencies: the local jurisdiction, U.S. Army Corps of Engineers, Soil Conservation Service, Division of State Lands, Oregon Department of Fish and Wildlife. Revegetation of a disposal site does not preclude future use of the sites for dredged material disposal. The disposal site design shall be reviewed to determine if wetlands or other habitats will form on the site during the period between disposal actions. The disposal permit may be conditioned to allow future disposal actions to fill the created wetlands or habitats.

The final height and slope after each use of a land dredged material disposal site shall be such that:

Piling and Dolphin Installation, Shoreline Stabilization and Navigational Structures. The standards in this section apply to over-the-water and in-water structures such as docks, bulkheads, moorages, boat ramps, boat houses, jetties, pile dikes, breakwaters and other structures involving installation of piling or placement of riprap in aquatic areas. This section does not apply to structures located entirely on shorelands or uplands, but does apply to structures, such as boat ramps, that are in both aquatic and shoreland designations. Standards in this section also apply to excavation for creation of new water surface area.

Where land use management practices and vegetative shoreline stabilization is shown not to be feasible (in terms of cost, effectiveness or other factors), structural means may be approved subject to applicable policies, standards and designation use restrictions.

Where structural shoreline stabilization is shown to be necessary because of the unfeasibility of vegetative means, the choice among various structural means shall be made on a case-by-case basis. Factors to be considered include, but are not limited to:

Jetties, groins and breakwaters shall be constructed of clean, erosion-resistant materials from upland sources. In-stream gravel shall not be used, unless part of an approved mining project. Material size shall be appropriate for predicted wave, tide and current conditions.

Where a jetty, groin, breakwater or other in-water structure is proposed for erosion or flood control, the applicant shall demonstrate that non-structural solutions, such as land use management practices, or other structural solutions, such as riprap, will not adequately address the problem.

Piling or dolphin installation, structural shoreline stabilization, and other structures not involving dredge or fill, but which could alter the estuary may be allowed only if all of the following criteria are met:

Jetties, groins, breakwaters and piers requiring aquatic area fill may be allowed only if all of the following criteria are met:

Proposals for bulkheads may be approved only if it is demonstrated that sloped riprap will not adequately fulfill the project's objectives.

Proposals for new bulkheads or for new riprap bank line slopes steeper than 1.5 to 1 (horizontal to vertical) must demonstrate that adequate shallow areas will be available for juvenile fish shelter, or that the area is not typically used for juvenile fish shelter.

Plant species utilized for vegetative stabilization shall be selected on the basis of potential sediment containment and fish and wildlife habitat values. Trees, shrubs and grasses native to the region should be considered for vegetative stabilization; however, plant species and vegetation stabilization techniques approved by the Soil Conservation Service, the U.S. Army Corps of Engineers and other participating federal and state resource agencies are also appropriate. Stabilization of dike slopes must not include vegetation (particularly trees) which jeopardizes the dike.

Riprap bank protection must be appropriately designed with respect to slope, rock size, placement, underlying material and expected hydraulic conditions. Project design by a licensed engineer shall meet this requirement. Warrenton may also find that riprap projects designed by other individuals, such as experienced contractors, soil conservation service personnel or others, meet this standard.

New shoreline stabilization projects shall not restrict existing public access to public shorelines.

Shoreline stabilization shall not be used to increase land surface area. Where an avulsion has occurred, fill may be used to restore the previous bank line, so long as the corrective action is initiated within one year of the date of the avulsion. Any other extension of the bank line into aquatic areas shall be subject to the policies and standards for fill.

Structural shoreline stabilization measures shall be coordinated with state and federal agencies to minimize adverse effects on aquatic and shoreland resources and habitats.

Bulkheads installed as a shoreland stabilization and protective measure shall be designed and constructed to minimize adverse physical effects (i.e., erosion, shoaling, reflection of wave energy or interferences with sediment transport in adjacent shoreline areas) resulting from their placement.

Emergency maintenance, for the purpose of making repairs or for the purpose of preventing irreparable harm, injury or damage to persons, property or shoreline stabilization facilities is permitted, not withstanding the other requirements in these standards, but subject to those regulations imposed by the Corps of Engineers and the Division of State Lands.

Revegetated shoreline areas shall be protected from excessive livestock grazing or other activities that would prevent development of effective stabilizing plant cover.

The size and shape of a dock or pier shall be the minimum required for the intended use.

Proposals for new docks and piers may be approved only after consideration of alternatives such as mooring buoys, dry land storage, and boat ramps.

Individual single-user docks and piers are discouraged in favor of community moorage facilities common to several users and interests.

With regard to excavation of shorelands to create new estuarine aquatic surface area, the following provisions are applicable. The maximum feasible amount of the new water surface area shall be excavated as an upland site, behind protective berms. The new aquatic area shall be connected to adjacent water areas as the excavation is completed. Excavation in this manner shall not result in channelization of the waterway.

Sediments and materials generated by the excavation to create new estuarine water surface area shall be deposited on land in an appropriate manner.

Water quality degradation due to excavation to create new estuarine water surface area shall be minimized. Adverse effects on water circulation and exchange, increase in erosion and shoaling conditions, and introduction of contaminants to adjacent aquatic areas resulting from excavation of the area and presence of the new aquatic area will be minimized to the extent feasible.

Fill in estuarine aquatic areas may be permitted only if all of the following criteria are met:

A fill shall cover no more than the minimum necessary to accomplish the proposed use.

Aquatic area fills using either dredged material or other easily erodible material shall be surrounded by appropriately stabilized dikes.

Aquatic areas shall not be used for disposal of solid waste.

Projects involving fill may be approved only if the following alternatives are examined and found to be infeasible:

Projects affecting endangered, threatened or sensitive species habitat, as identified by the U.S. Fish and Wildlife Service or Oregon Department of Fish and Wildlife, shall be designed to minimize potential adverse impacts. This shall be accomplished by one or more of the following:

In-water construction activity in aquatic areas shall follow the recommendations of state and federal fisheries agencies with respect to project timing to avoid unnecessary impacts on migratory fish.

Uses and activities with the potential for adversely affecting fish and wildlife habitat may be approved only if the following impact mitigation actions are incorporated into the permit where feasible. These impact mitigation actions are listed from highest to lowest priority:

Projects involving subtidal or intertidal aquatic area fill or intertidal aquatic dredging with the potential for adversely affecting aquatic habitat must provide compensatory mitigation, consistent with mitigation and restoration standards (Section 16.160.130).

New or relocated land transportation routes shall be designed and sited so as to:

Maintenance and repair of roads and railroads and maintenance and replacement of bridges shall be permitted regardless of the plan designation through which the road or railroad passes, provided:

Fill-supported causeways or bridge approach fills across aquatic areas or across significant non-tidal wetlands in shoreland areas shall not be permitted; bridge abutments may, however, be approved.

Removal of riparian vegetation along transportation right-of-ways may be permitted in order to maintain clear vision.

Temporary encroachments in the floodway for the purposes of bridge construction and repair:

New aquatic log storage areas shall be located such that logs will not go aground during tidal changes or during low flow periods.

Proposals for reestablishment of previously used aquatic log storage areas must meet standards applied to new log storage areas, unless such areas have been abandoned for fewer than 36 months.

New aquatic log storage areas shall not be located in areas which would conflict with active gillnet fish drifts or with other commercial or recreational fishing activities.

New aquatic log storage areas shall be located where water quality degradation will be minimal and where good flushing conditions prevail.

Unpaved shoreland log yards under laid by permeable soils shall have at least four feet of separation between the yard surface and the winter water table.

Log storage and sorting facilities in Marine Commercial Shorelands, Water-Dependent Industrial Shorelands, or Skipanon East Bank Mediated Development Shorelands shall not preclude or conflict with existing or possible future water-dependent uses at the site or in the vicinity, unless the log storage or sorting facility is itself an essential part of a water-dependent facility.

Aquatic area mining and mineral extraction shall only occur in aquatic areas deeper than 10 feet below MLLW, where estuarine resource values are low, and when no feasible upland sources exist.

Proposed shoreland mining and mineral extraction activities with potential impacts on estuary shoreland and aquatic areas shall provide the local government with a copy of a proposed or approved surface mining plan.

Project sponsors proposing estuarine shoreland or aquatic area mining or mineral extraction shall demonstrate that the activity is sited, designed and operated to minimize adverse impacts on the following:

Petroleum extraction and drilling operations shall not be allowed in estuarine aquatic areas. Petroleum may, however, be extracted from beneath estuarine aquatic areas using equipment located on shorelands or uplands. Petroleum exploration activities, with the exception of exploratory drilling, may be permitted in estuarine aquatic areas and in estuarine shoreland areas.

Unless part of an approved fill project, spoils and other material removed from aquatic areas shall be subject to dredging and dredged material disposal standards in Sections 16.160.040 and 16.160.050.

Any fill activities that are permitted in estuarine aquatic areas or dredging activities in intertidal and shallow to medium depth estuarine subtidal areas shall be mitigated through project design and/or compensatory mitigation (creation, restoration or enhancement of another area) to ensure that the integrity of the estuary ecosystem is maintained. The Comprehensive Plan shall designate and protect specific sites for mitigation which generally correspond to the types and quantity of aquatic area proposed for dredging or filling.

Mitigation for fill in the aquatic areas or dredging in intertidal and shallow to medium depth subtidal areas shall be implemented, to the extent feasible, through the following mitigation actions:

If compensatory mitigation actions are required, the U. S. Fish and Wildlife Service shall be asked to make a resource category determination for the site proposed for development. The classification shall be listed on the permit application and review notice. The following list summarizes the mitigation goal for each resource category:

If the area subject to impact is in a Resource Category 2 or lower (4 = lowest), the following sequence of mitigation options shall be considered:

Permit applicants shall submit a mitigation plan for each project proposal that requires mitigation. The mitigation plan shall define specific goals and objectives of the proposed mitigation action. The plan shall also address where applicable, performance specifications that include but are not necessarily limited to the following:

Each mitigation action shall be reviewed against its goals, objectives, and performance specifications.

All compensatory mitigation site plans shall include a contingency plan. The contingency plan shall include corrective measures to be taken in the event of suboptimal project performance (based on project goals and objectives). A list of remedial follow-up action strategies shall be specified in the contingency plan. These remedial strategies shall specifically address the goals, objectives and performance specifications of the mitigation site plan.

Post-mitigation monitoring for project design mitigation, when relevant, and compensatory mitigation shall be required over a two-to five-year time period, depending on the size and complexity of the mitigation project. Local governments, in coordination with state and federal resource agencies, shall design and implement the monitoring. Monitoring requirements may be waived as follows:

All mitigation actions shall begin prior to or concurrent with the associated development action.

For estuarine wetlands, once a compensatory mitigation action is required, the habitat types displayed in OAR 141-85-254 shall provide the basis for comparing development activities and possible mitigation areas. The mitigation trade method described in OAR 141-85-256 shall be used to determine acreage and credit requirements for mitigation sites.

Habitat trade-off requirements for non-tidal wetlands shall be determined in coordination with appropriate state and federal agencies if compensatory mitigation is required. Mitigation requirements shall be made on a case-by-case basis using determinations made by these agencies.

Removal and fill actions potentially exempt from estuarine mitigation requirements include:

Activities that do not require mitigation even though they involve intertidal removal include:

Actions not considered as mitigation include:

The following criteria shall be considered when selecting and including potential mitigation sites in the Mitigation and Restoration Plan for the Columbia River Estuary (not in order of priority):

A plan amendment shall be required to remove any mitigation site from the mitigation plan. For a Priority 1 mitigation site the plan amendment shall require a demonstration that there is no longer a need for the site or that a suitable alternative mitigation site has been designated and protected. A Priority 2, Level 3 site shall be partially or totally removed from the mitigation plan if the landowner proposes a development that would preclude all or part of its use for mitigation and, 30 days after the permit application has been circulated, a negotiated agreement to sell the land, or certain land ownership rights, for mitigation use has not been made. The negotiation shall be between the landowner and any interested buyer. The site shall not be removed from the plan until the development is completed. A Priority 2, Level 4 or a Priority 3 site shall be partially or totally removed from the mitigation plan if the landowner chooses to develop part of all of the site to a degree that would preclude its availability for mitigation use.

Warrenton shall make the determination of whether a development will preclude all or some of the potential use of the site for mitigation purposes.

After a mitigation action takes place, Warrenton shall amend its plan and change the designation to reflect its aquatic character.

The developer implementing a mitigation action shall be responsible for all costs associated with the mitigation project unless an alternative agreement for cost responsibility is negotiated between the landowner and the developer.

Shorelands in the Marine Commercial Shorelands Zone, Water-Dependent Industrial Shorelands Zone, or the Skipanon East Bank Mediated Development Shorelands Zone can only be used for mitigation subject to a finding that the use of the site for mitigation will not preclude or conflict with water-dependent uses.

Significant Goal 17 resource areas (major marshes, significant wildlife habitat, and exceptional aesthetic resources) can only be used for mitigation subject to a finding that the use of the site for mitigation will be consistent with protection of natural values.

Shorelands in the Marine Commercial Shorelands Zone, Water-Dependent Industrial Shorelands Zone, or the Skipanon East Bank Mediated Development Shorelands Zone can only be used for restoration subject to a finding that the use of the site for restoration will not preclude or conflict with water-dependent uses.

Priority 2, Level 3 and 4 mitigation sites shall be designated as mitigation sites until they are proposed for restoration outside of the context of mitigation. At this time restoration shall be considered an allowed use subject to the 30-day freeze restrictions presented in mitigation Standard 17. Restoration shall only be allowed at Priority 2 sites subject to a finding that the site is no longer required for mitigation.

Priority 3, Level 4 mitigation sites shall be designated as mitigation sites until they are specified for restoration outside of the context of mitigation. At this time, restoration shall be considered an allowed use. Restoration shall only be allowed at Priority 3 sites subject to a finding that the site is no longer required for mitigation.

Significant Goal 17 resource areas (major marshes, significant wildlife habitat, and exceptional aesthetic resources) can only be used for restoration subject to a finding that the use of the site for restoration will be consistent with protection of its natural values.

Projects to improve public access shall be designed to assure that adjacent privately owned shoreland is protected from public encroachment.

Warrenton will implement its Public Access Plan.

Warrenton shall review, under the provisions of ORS 271.300 through 271.360, proposals for the sale, exchange or transfer of public ownership which provides public access to estuarine waters.

Off-street parking may only be located over an aquatic area if all of the following conditions are met:

New or expanded recreation developments shall be designed to minimize adverse effects on surface and groundwater quality. Adverse effects of storm run-off from parking lots shall be minimized.

New or expanded recreational developments shall be designed and located so as not to unduly interfere with adjacent land uses.

Sign placement shall not impair views of water areas. Signs shall be constructed against existing buildings whenever feasible. Off-premises outdoor advertising shall not be allowed in aquatic areas.

Off-street parking may only be located over an aquatic area if all of the following conditions are met:

Joint use of parking, moorage and other commercial support facility is encouraged where feasible and where consistent with local ordinance requirements.

Uses on floating structures shall be located in areas protected from currents and wave action, and shall not rest on the bottom during low tidal cycles or low-flow periods.

Where groundwater is or may be used as a water supply, the groundwater table shall not be significantly lowered by drainage facilities, or be affected by salt water intrusion due to groundwater mining.

Fill in estuarine aquatic areas or in significant non-tidal wetlands in shoreland areas shall not be permitted for residential uses.

Piling or dolphin installation, structural shoreline stabilization, and other structures not involving dredge or fill, but which could alter the estuary may be allowed only if all of the following criteria are met:

Residential, commercial or industrial development requiring new dredging or filling of aquatic areas may be permitted only if all of the following criteria are met:

New marinas may be approved only when existing marinas are inadequate with respect to location, support services or size; or cannot expand to meet area moorage needs.

New marinas shall be located in or adjacent to areas of extensive boat usage, and in areas capable of providing necessary support services (including street access, upland parking, water, electricity and waste disposal).

The feasibility of upland boat storage shall be evaluated concurrent with proposals for new or expanded marina facilities.

Marina development and expansion may require some filling and dredging of presently undeveloped areas. Significant aquatic and shorelands resources shall be protected from preventable adverse impacts in the design, construction, and maintenance of marina facilities.

Marina development requiring filling or dredging in estuarine aquatic areas may be permitted only if all of the following criteria are met:

New, expanded or renovated marinas shall be designed to assure adequate water circulation and flushing.

New or expanded marinas shall provide facilities for emptying holding tanks so that these wastes are not placed in the river.

Covered moorages may be permitted in marinas subject to the following requirements:

New or expanded marina fuel docks shall maintain on-site equipment for the containment of spilled fuel.

Floating docks in marinas shall be located such that they do not rest on the bottom during low tides.

New individual docks outside of marinas may only be built when it is shown that existing marinas cannot reasonably accommodate the proposed use. Factors to be considered in this determination include, but are not limited to:

The size and shape of docks and piers in marinas shall be limited to that required for the intended use.

Alternatives to new docks and piers, such as mooring buoys, dry land storage and launching ramps, shall be investigated and considered before new docks are permitted in a marina.

Temporary removal of riparian vegetation may be permitted in conjunction with a water-dependent use where direct access to the water is required for construction or for a temporary use. Riparian vegetation removed for these reasons must be replaced upon project completion. Permanent removal of riparian vegetation may be approved for a water-dependent project.

Permanent removal of riparian vegetation may be permitted along transportation right-of-ways for purposes of maintaining clear vision. Riparian vegetation that threatens the stability of flood control dikes may be removed.

Public access to significant scenic areas shall be provided in a manner consistent with the preservation of the scenic area and other significant resources.

Tidegated sloughs and drainage ditches identified as having significant aquatic habitat value, significant riparian vegetation, or other significant shoreland resource value may be maintained with respect to depth, but their bank line location and configuration may not be altered, unless part of an approved fill or shoreline stabilization project.

Riparian regulation may be removed as necessary for approved mitigation, restoration or creation projects.

Timber harvested in the A-5 zone and adjacent riparian areas shall meet these standards:

New and expanded marinas shall provide facilities for emptying holding tanks so that these wastes are not placed in the river.

Thermal effluent shall be cooled before they are returned to the estuary.

The potential adverse impacts on water quality of dredging, fill, in-water dredged material disposal, in-water log storage, water intake or withdrawal, and slip or marina development will be assessed during permit review. Parameters to be addressed include:

New or expanded marine fuel docks must provide on-site equipment for the containment of fuel spills.

New point-source waste water discharges into the Columbia River will be controlled through the National Pollution Discharge Elimination System (NPDES) permit program.

Estuarine aquatic area pesticide and herbicide application will be controlled by the Department of Environmental Quality and by the Department of Agriculture.

A use is water-dependent when it can only be accomplished on, in, or adjacent to water. The location or access is required for one of the following:

A use is water-related when it:

New dredging;

Aquatic area fill;

In-water structures;

Riprap;

New in-water log storage areas;

Water intake pipes;

In-water dredged material disposal;

Beach nourishment;

Other uses or activities which could affect estuarine physical or biological resources; and

Uses or activities that require a resource capability determination.

Aquatic life forms and habitat, including information on both the extent of and impacts on habitat type and use, species present (including threatened or endangered species), seasonal abundance, sediments, and vegetation.

Shoreland life forms and habitat, including information on both the extent of and impacts on habitat type and use, species present, (including threatened or endangered species), seasonal abundance, soil types and characteristics, and vegetation present.

Water quality, including information on sedimentation and turbidity, dissolved oxygen, biochemical oxygen demand, contaminated sediments, salinity, water temperatures, and expected changes due to the proposed use or activity.

Hydraulic characteristics, including information on water circulation, shoaling patterns, potential for erosion or accretion in adjacent areas, changes in flood levels, flushing capacity, and water flow rates.

Air quality, including information on quantities of particulates and expected airborne pollutants.

Public access to the estuary and shoreline, including information on proximity to publicly-owned shorelands and public street ends; effect on public boat launches, marinas and docks; and impact on inventoried public access opportunities.

Navigation, including information on distance from navigation channels, turning basins and anchorages; proximity to range markers.

Demonstration that proposed structures or devices are properly engineered.

Demonstration that the project's potential public benefits will equal or exceed expected adverse impacts.

Demonstration that non-water dependent uses will not preempt existing or future water-dependent utilization of the area.

Determination of methods for mitigation and accommodation of the proposed development, based on subsections A through J of this section in order to avoid or minimize preventable adverse impacts.

The proposed uses and activities do not represent a potential degradation or reduction of estuarine resource.

The proposed uses and activities represent a potential degradation or reduction of estuarine resources. The impact assessment identifies reasonable alterations or conditions that will eliminate or minimize to an acceptable level expected adverse impacts.

The proposed uses and activities will result in unacceptable losses. The proposed development represents irreversible changes and actions and unacceptable degradation or reduction of estuarine resource properties will result.

Available information is insufficient for predicting and evaluating potential impacts. More information is needed before the project can be approved.

Identification of the affected area's zone, and its purpose.

Identification of the types and extent of estuarine resources present and expected adverse impacts. This information is included in the impact assessment.

A determination of whether the use or activity is consistent with the resource capabilities of the affected zone. A use or activity is consistent with the resource capabilities of the area when either:

Determining Consistency with the Purpose of the Zone. Certain uses in the Aquatic Development (A-1), Aquatic Conservation (A-2), and Aquatic Natural (A-3) Zones may be permitted only if they are consistent with the purpose of the aquatic zone in which they occur. This determination is made as follows:

The manufactured home shall be multi-sectional and enclose a floor space of not less than 1,000 square feet.

The manufactured home shall be placed on an excavated and/or back-filled foundation and enclosed by skirting at the perimeter such that the manufactured home is located at least 16 inches from mainframe to grade.

The skirting and perimeter foundation of the manufactured home shall consist of masonry or poured concrete.

The manufactured home shall have a roof with a minimum pitch of 3:12. The roofing material shall be composition, shake, shingle or tile.

The manufactured home shall have exterior siding material such as horizontal or vertical wood, vinyl or aluminum lap siding similar to that used in single-family residences constructed to the Uniform Building Code.

The manufactured home shall not have bare metal siding or roofing.

The manufactured home shall be certified by the manufacturer to have an exterior thermal envelope meeting performance standards which reduce levels equivalent to the performance standards required of single-family dwelling constructed under the State Building Code ORS 455.010.

The manufactured home is required to have an attached or detached garage or carport that complies with Chapter 16.180. A building permit for the associated garage or carport must be issued concurrent with the placement permit for the manufactured home.

The manufactured home shall have a permanent porch with a minimum size of 24 square feet. No temporary steps will be allowed at the time of occupancy. The Uniform Building Code will determine minimum landing size.

All porches and decks to be constructed shall be shown on the site/plot plan.

The manufactured home shall have a meter base and no power pole.

The manufactured home shall utilize at least two of the following design features:

All load-bearing foundations, supports and enclosures shall be installed in conformance with the Oregon Building Codes Agency regulations and with the manufacturer's installation specifications. Manufactured homes must also be provided with a permanent perimeter enclosure.

The manufactured home's wheels, axles and hitch mechanism shall be removed. The wheels, axles and hitch mechanisms shall not be left under the manufactured home.

If a manufactured home is removed from its foundation and not replaced by another manufactured home within 60 days, the owner of the lot shall immediately thereafter remove the foundation, fill all excavations and disconnect and secure all utilities.

All parks must meet the minimum State Standards for Mobile Home and Manufactured Dwelling Parks, as stipulated in the Oregon Revised Statutes, (ORS) 446.062 through 446.145 and the Oregon Administrative Rule (OAR) 918-600. Where standards for manufactured home developments are established by state law such requirements shall be in addition to the provisions of this rule.

Manufactured dwellings allowed will be limited to those built after June 15, 1976, and be a minimum size of 924 square feet.

The minimum lot area for a manufactured dwelling park shall be one acre.

Total density shall not exceed eight units per acre. Each manufactured dwelling space shall be clearly defined.

A centralized storage area for boats, campers, camping trailers, recreational vehicles and automobiles shall be provided in each manufactured dwelling park. Such storage area shall contain a minimum of 160 square feet for each manufactured dwelling space and be enclosed by a sight-obscuring fence.

A carport or garage will be required of like materials and color of the manufactured dwelling. Carports, awnings, garages and other accessory structures shall be built and installed in accordance with OAR 918-050.

Minimum required parking spaces for each individual site will meet the standard provided in Table 16.128.030.A: two spaces for each dwelling unit.

Except for structures which conform to the state definition of a mobile home accessory structure, no other extension shall be attached to a manufactured home, except a garage or carport constructed to the Oregon Building Code specifications.

Manufactured dwellings and manufactured dwelling accessory structures shall be located according to the setback requirements in ORS 446 and OAR 918-600-050. Manufactured dwellings shall be set back at least 15 feet from the perimeter boundary of the park.

No manufactured dwelling shall be located so that any part of such manufactured dwelling will obstruct any drive or walkway, and will maintain a clear vision area as stated in Chapter 16.132, Clear Vision Areas.

No manufactured dwelling shall remain in a manufactured dwelling park unless it is in an approved manufactured dwelling space or stored unoccupied within the centralized storage area.

Access drives shall be provided to each manufactured dwelling, shall be continuous unless provided with adequate turn around area or cul-de-sac which is a paved area equaling 48 feet of paved area from curb to curb, and conforms to minimum fire and emergency codes, and requirements.

Minimum right-of-way widths within the park shall be 30 feet. Minimum paved street widths, excluding sidewalks, shall be 27 feet, and include curbs and sidewalks. No parking shall be allowed on the streets. Visitor off-street parking equaling one-half space per rental space shall be made available in parking bays, at clearly designated places within the park. The visitor parking shall be located within 250 feet of the rental space it serves.

The roadway serving the park must be paved to a minimum width of 30 feet and shall be connected to the existing public street according to plans approved by the City-appointed engineer.

Improvement of driveways, walkways, street, drainage and other utilities shall conform to adopted state standards for such or shall conform to City standards when consistent with state standards.

Each manufactured dwelling space shall meet the requirements of ORS 446, OAR 918-600 and OAR 918-505.

Off-street parking shall be provided as required by OAR 918-600-050.

Open space areas shall be provided as required by OAR 918-600-050.

All open areas and individual space open areas shall be suitably landscaped according to plans and specifications approved by the Community Development Director. An approved landscape package and/or plan for lawns, shrubs, and a park perimeter landscape plan, shall be provided for the park, and include a typical manufactured dwelling site. Such areas shall be continually maintained and be the responsibility of the park owner.

No permanent additions of any kind shall be built onto, or become a part of, any manufactured dwelling. Skirting of manufactured dwelling is mandatory and awnings are permissible. Skirting shall be installed according to OAR 918-600-510.

Manufactured dwelling spaces shall be designed with a uniform layout, including pad, patio and access drive locations. One storage building with a floor area of 100 to 200 square feet and one garage with a floor area of 300 to 600 square feet may be constructed on each space. Storage buildings and garages shall either be of one uniform design for the entire park or be designed to be compatible with the manufactured dwelling on the subject space.

All manufactured dwelling parks shall be served by the sanitary sewer system that meets the standards of the City of Warrenton. The design and layout of sewer lines to each manufactured dwelling space is subject to the review and approval of the City-appointed engineer.

Sight-obscuring fences or evergreen plantings shall be required along any property line, which abuts or faces any residential district. The Planning Commission may determine additional fencing or plantings, which may be required to assure compatibility of the manufactured dwelling park and its neighbors.

Signs are limited to one identification sign with a maximum area on one side of 12 square feet and limited to eight feet in height above the ground. Such a sign may be indirectly illuminated but shall not contain exposed neon or similar tubing and shall not flash, rotate or move in any way.

A stormwater drainage plan shall be developed to the standards of the City of Warrenton, to handle runoff from the individual spaces and the park as a whole. This plan must be approved by the City-appointed engineer.

Fill and grading detail showing existing and proposed elevations of pads, sidewalks and streets.