The purpose of this chapter is to establish regulations which will preserve, to the maximum extent possible, the city's streams in their natural state.
(Ord. 24-05, 6/5/2024)
The regulations of this chapter shall apply to the following streams identified in the Cannon Beach wetland study: Sites 1, 2, 3, 4, 5, 6, 7, 12, 14, 15, 17, 18, 21, 22, 23, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 37, 39, 40, 41, 43, 44, 45, 46, 47, 48, 49, 50, 51 and 52. When a stream not inventoried in the Cannon Beach wetland study is identified, it shall become subject to the requirements of this chapter only after an inventory and analysis meeting the appropriate requirements of either Goal 5 or Goal 17 has been completed and adopted as an amendment to the comprehensive plan background report, and the adoption of an ordinance adding the stream to the list of streams subject to stream corridor protection regulations.
(Ord. 24-05, 6/5/2024)
A 10-foot buffer is established on both sides of the streams listed in Section 17.116.020, except that a 15-foot buffer on both sides of the stream is established for Site 17, which comprises portions of Logan Creek. The buffer shall be measured from the bank of the stream.
(Ord. 24-05, 6/5/2024)
The following uses and activities may be permitted in the stream buffers established by Section 17.116.030 subject to the issuance of a development permit in accordance with Section 17.12.010 and subject to the applicable standards of Section 17.116.070.
A.
Transportation structures including bridges, bridge crossing support structures, and culverts;
B.
Underground or aboveground utilities;
C.
Vegetation management;
D.
Bank stabilization;
E.
Maintenance and improvement of the stream corridor for storm drainage purposes;
F.
Stormwater discharge.
(Ord. 24-05, 6/5/2024)
The following uses and activities may be permitted in the stream buffers established by Section 17.116.030, subject to the issuance of a conditional use permit in accordance with a Type III procedure as provided in Article II, and subject to the applicable standards of Section 17.116.070.
Roads or driveways, including an expansion of an existing right-of-way.
(Ord. 24-05, 6/5/2024)
The following uses and activities are specifically prohibited in the established stream buffers.
Excavation solely for the purpose of removal of gravel, aggregate, sand or other inorganic or organic materials.
(Ord. 24-05, 6/5/2024)
The following standards are applicable to the uses and activities listed in Section 17.116.040.
A.
General Standards. Uses and activities in the stream buffer are subject to the following general standards. Uses and activities may also be subject to specific standards in subsequent subsections.
1.
Uses and activities in the stream buffer may be approved only after the following list of alternative actions, listed from highest to lowest priority, have been considered:
a.
Avoiding the impact altogether by not taking a certain action or parts of an action (this would include, for example, having the use or activity occur entirely outside the stream buffer); or
b.
Minimizing impacts by limiting the degree or magnitude of an action and its implementation (this would include, for example, reducing the size of the structure or improvement so that the stream buffer is not impacted).
2.
Valid permits from the US Army Corps of Engineers and from the Oregon Division of State Lands, or written proof of exemption from these permit programs, must be obtained before any of the following activities occur in stream buffers:
3.
An erosion control plan which identifies the specific measures to be implemented during and after construction to protect the stream and adjacent upland areas from erosion, siltation and the effects of deleterious construction materials.
B.
Transportation structures, including roads, bridges, bridge crossing support structures and culverts, may be permitted subject to the following standards:
1.
Roads shall be constructed outside of the stream corridor except for required stream crossings.
2.
Streams shall be crossed only where there are no practicable alternatives.
4.
Proposals for stream crossings utilizing a bottomless culvert or other similar structure shall be reviewed by the Planning Commission, at a public hearing, pursuant to the requirements of Chapter 17.16. The Planning Commission shall approve such a stream crossing only where it finds that:
5.
The stream crossing shall be designed so that the crossing does not diminish the flood-carrying capacity of the stream.
6.
The stream crossing shall be no wider than necessary to serve its intended purpose.
7.
Placement of the stream crossing structure shall minimize land clearing and site modification within the stream corridor. All debris, overburden and other construction materials shall be placed on nonwetland areas in a manner which prevents erosion into the stream.
8.
Bridge crossing support structures shall not be located in the stream. Excavation for footings, piers and abutments shall be isolated from the wetted perimeter of the waterway by a dike, cofferdam or other structure.
9.
Utility crossings shall be combined with stream crossings where feasible.
10.
Where feasible, the number of stream crossings shall be minimized through the use of shared access for abutting lots.
C.
Utilities. Crossing, trenching or boring for the purpose of developing a utility corridor for electric power lines, telephone lines, cable television lines, water lines, wastewater collection lines, and natural gas lines may be permitted subject to the following standards:
1.
Utility corridor routes shall be selected to minimize hydraulic impacts on the stream and to minimize vegetation removal.
2.
Common trenches, to the extent allowed by the building code, are required in order to minimize disturbance of the stream corridor.
3.
Boring under the waterway, directional drilling, or aerial crossings are preferable to trenching. If trenching is the only alternative, it shall be conducted in a dry or dewatered area with stream flow diverted around the construction area to prevent turbidity.
4.
Boring or drilling pits shall be isolated from the flowing waterway.
5.
Conduits and pipelines placed under waterways shall be well below the potential scour level of the stream bottom.
6.
Materials from trenching, boring or drilling shall be deposited away from the streambank and either returned to the trench as back-fill within a reasonable period of time, or, if other material is to be used to back-fill in the trench, excess material shall be immediately removed from the stream buffer.
7.
Topsoil and sod shall be conserved during construction and replaced.
8.
For Logan Creek, construction shall be conducted during times approved by the Oregon Department of Fish and Wildlife.
9.
Where feasible, construction should occur between June and October. Construction at other times of the year shall utilize more rigorous erosion control methods.
D.
Vegetation Management. Vegetation in the stream buffer shall be managed (including planting, mowing, pruning and removal) subject to the following standards:
2.
Removal of vegetation, except trees covered by Chapter 17.114, pruning of vegetation, or mowing of vegetation where:
a.
Necessary for the placement of a use provided for in Section 17.116.040, or
b.
Necessary for the maintenance of an existing structure, road or pathway, or
c.
Necessary for the maintenance of the stream's water carrying capacity, or
d.
Necessary for the placement of a pedestrian pathway to the stream, or
e.
Necessary for the removal of blackberry vines, scotch broom, or other noxious vegetation provided that such vegetation is replaced with more suitable vegetation, or
f.
Part of an approved restoration, enhancement, or compensatory mitigation plan, or
g.
It involves the maintenance of an existing landscaped area, or
h.
It is part of a landscape plan, that minimizes adverse impacts on the stream buffer, approved by the city;
Vegetation removal, pruning or mowing permitted under subsections (E)(2)(a) through (h) shall be the minimum necessary and in no case shall it impair any wetland functions and values associated with the stream; |
3.
Planting new vegetation is permitted where:
a.
The planting is part of a landscape plan approved by the city, or
b.
The planting is intended to replace dead or damaged plants that were either part of an existing maintained landscaped area or part of the existing native plant community, or
c.
The planting is part of an approved restoration, enhancement or mitigation plan;
4.
Vegetation management practices will be employed that minimize short-term and long-term adverse impacts on the stream. Impacts to be avoided or minimized include turbidity, erosion, sedimentation, contamination with chemicals, or substantial alteration of any wetland plant communities. The following are not permitted: alteration of wetland hydrology and the use of herbicides.
E.
Structural bank stabilization may be permitted subject to the following standards:
F.
Maintenance and improvement of the stream corridor for storm drainage purposes may be permitted subject to the following standards:
1.
A stream shall not be culverted except where necessary to protect an adjacent structure from flooding hazards and where it is demonstrated that there are no other alternatives; or where the public works director determines that the placement of the culvert is necessary to implement the city's storm drainage plan.
2.
Realignment of an existing stream course may be permitted where the existing stream alignment poses a hazard in terms of: inadequate capacity and a stream realignment is determined to be the optimal solution; existing erosion of slopes or banks pose a hazard to public safety or property; or the existing alignment results in excessive sedimentation of the downstream channel or drainage system.
3.
Stream damming may be permitted: where the damming presents a water quality or wetland benefit without adversely impacting upstream flood elevations or instream flow benefits downstream; or as a temporary measure as part of an overall erosion control plan during construction. Within the urban growth boundary, but outside the city limits, stream damming may also be permitted for the creation of a water source where approved by the Department of Water Resources.
G.
Stormwater discharge may be permitted subject to the following standards:
1.
The method and location of a point-source stormwater discharge shall be approved by the public works director. The discharge point will be sited to minimize impacts on the stream corridor.
2.
Stormwater runoff should be directed toward the same drainage system that would have handled the runoff under natural conditions.
3.
Uses, such as large parking lots, that could potentially contaminate runoff must include measures to treat runoff before discharging it into a stream.
(Ord. 24-05, 6/5/2024)
A reduction in the width of the stream buffer established by Section 17.116.030 may be considered in accordance with the requirements of Chapter 17.64, setback reduction. If a setback reduction is granted, the portion of the structure to be located in the stream buffer is to be constructed in a manner that does not require fill.
(Ord. 24-05, 6/5/2024)