This chapter provides development standards for wetland and
riparian corridors in the City of Warrenton and the Warrenton Urban
Growth Area to comply with Statewide Planning Goal 5 (OAR Division
660 Chapter 23). The City of Warrenton has inventoried its wetland
and riparian corridor resources, made a determination of significance
for each resource unit, and produced applicable development standards
that are contained in this chapter.
This chapter applies to all lands lying within the City of Warrenton
and the Warrenton Urban Growth Area.
Wetland areas in the City of Warrenton are identified on the
1" equals 400' feet maps entitled City of Warrenton Wetland
Conservation Plan Inventory dated October 17, 1997. These
maps show approximate wetland boundaries for wetland areas within
the Warrenton Urban Growth Boundary.
A.
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.
B.
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:
1.
A State of Oregon Wetland Removal-Fill Authorization.
2.
Written verification from the Warrenton Community Development Director,
or designee, that the affected wetland area is classified as "non-significant"
per the City of Warrenton Locally Significant Wetland Map dated October 17, 1997. Alternatively, for development in a "significant" wetland, a City of Warrenton Hardship Variance (see Section 16.156.080) must be obtained instead of the Community Development Director's written verification.
C.
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:
D.
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.
E.
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.
(Ord. 1183-A § 1, 2013)
A.
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.
B.
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:
1.
Agricultural (farming and ranching) activities other than construction
of buildings, structures, or paved roads conducted in accordance with
federal, state, and local laws; or
2.
Replacement of existing structures, streets, driveways, and utilities
in the same location that do not disturb additional wetland surface
area; or
3.
Perimeter mowing and other cutting necessary for hazard prevention;
or
4.
Removal of non-native vegetation or nuisance plants and replacement with native plant species. All work conducted under this subsection (A)(4) must occur by hand (i.e., hand-pulling, machete, chain saw, or other similar means) unless approval from the Oregon Division of State Lands or the US Army Corp of Engineers for mechanized work has been granted. Submission of a landscape plan (including a revegetation plan) in accordance with Chapter 16.124 of this Code is required; or
5.
Maintenance of existing ditches (not streams) to same configuration
as previously constructed; or
6.
A forest operation subject to the requirements of the Oregon Forest
Practices Act and associated administrative rules; or
7.
Uses authorized by an approved City of Warrenton hardship variance
in conjunction with a valid State of Oregon Wetland Removal-Fill Authorization.
A.
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:
1.
Columbia River-Hammond Marina: 0 feet (non-significant).
1a.
Columbia River-Hammond Marina: 75 feet (see map narrative).
2.
Columbia River-Hammond Marina to NW 13th Street: 0 feet (non-significant).
2a.
Columbia River-Carruthers Park: 75 feet
(see map narrative).
3.
Columbia River-13th Street to mouth of Skipanon River: 75 feet.
4.
Columbia River-mouth of Skipanon River to Youngs Bay Bridge: 75 feet.
5.
Youngs Bay Bridge to Lewis and Clark River Bridge: 75 feet.
6.
Lower Skipanon River: 0 feet (non-significant).
6a-1.
Skipanon River Channel East Bank:
50 feet (see map narrative).
6a-2.
Skipanon River Channel West Bank: 0 feet (see map
narrative).
6b.
Skipanon City Park and Trail: 50 feet (see map narrative).
6c.
Skipanon River Islands: 50 feet (see map narrative).
6d.
Skipanon City Park and Trail: 50 feet (see map narrative).
7.
Upper Skipanon River: 50 feet.
8a and 8b.
Lower reach of un-named
tributary to the Upper Skipanon River: 0 or 50 feet.
9.
Alder Creek: 50 feet.
10.
Tansy Creek: 50 feet.
11.
Skipanon Slough: 30 feet.
13.
Adams Slough: 50 feet.
14.
Vera Creek: 50 feet.
15.
Coffenbury Lake: 50 feet.
16.
Crabapple Lake: 50 feet.
17.
Creep and Crawl Lake: 50 feet.
18.
Long Lake: 50 feet.
19.
Wild Ace Lake: 50 feet.
20.
Shag Lake: 50 feet.
21.
Abbot Lake: 50 feet.
22.
Cemetery Lake: 50 feet.
23.
Clear Lake: 50 feet.
24.
Leinenweber Lake: 50 feet.
25.
Kyle Lake: 50 feet.
26.
Pond Lily Lake: 50 feet.
|
Riparian Corridor Unit 1 Columbia River - Hammond Marina
0-foot riparian corridor
 |
|
Riparian Corridor Unit 1a Columbia River - Hammond Marina
 |
|
This area of shoreline consists of approximately 500 linear
feet on the Columbia River, adjacent to the Hammond Marina. This area
(see attached photo) is undeveloped and undisturbed by man. There
is evidence of natural erosion to the sandy beach caused by waves
from the Columbia River and tidal influence of the Pacific Ocean.
Inland, abutting the sandy beach area is overgrown vegetation consisting
of brush and trees. This area shall be protected with a 75-foot riparian
corridor setback to protect the natural vegetation in this location.
The 75-foot setback shall be measured: starting at the point where
the sandy beach recedes into brush, and going inland.
|
|
Riparian Corridor Unit 2 Columbia River: Hammond Marina
to NW 13th Street
0-foot riparian corridor
 |
|
Riparian Corridor Unit 2a Columbia River - Carruthers
Park
 |
|
This area is associated with Carruthers Park and consists of
approximately 400 linear feet of shoreline on the Columbia River.
The shoreline area has existing riprap (see attached photos) placed
on slope of the bank; plus an observation deck (see attached photos),
which extends slightly over the bank but not into the waters of the
Columbia River. The observation deck footings (see attached photo)
are on land, slightly back from the bank of the river. There is also
a foot trail (see attached photos) on the rise of the land, just back
from the "bank" of the river going both east and west. The location
of the observation deck bisects the foot trail. A 75-foot riparian
setback is imposed to protect the remaining natural riparian vegetation.
Repairs to the riprap and the observation deck shall be in compliance
with the City's Development Code.
|
|
Riparian Corridor Unit 3 Columbia River: NW 13th Street
to mouth of Skipanon
75-foot riparian corridor
 |
|
Riparian Corridor Unit 4 Columbia River: Mouth of Skipanon
River to Youngs Bay Bridge
75-foot riparian corridor
 |
|
Riparian Corridor Unit 5 Columbia River: Youngs Bay Bridge
to Lewis and Clark River Bridge
75-foot riparian corridor
 |
|
Riparian Corridor Unit 6 Lower Skipanon River
0-foot riparian corridor
 |
|
Riparian Corridor Unit 6(a-1) Skipanon River Channel East
Bank
 |
|
East Bank Skipanon River. This area of concern consists of natural
riparian vegetation along this portion of the east bank of the Skipanon
River. There is a gravel access road on top of an existing dike with
natural vegetation on both sides of the dike. A 50-foot riparian setback
is imposed, starting on the east edge of the gravel access road and
measuring 50 feet eastward to protect the riparian vegetation in this
location. Maintenance and repair of the existing dike and gravel access
road are allowed and shall be in compliance with the City's Development
Code.
|
|
Riparian Corridor Unit 6(a-2) Skipanon River Channel West
Bank
 |
|
West Bank Skipanon River. This area is located on the west bank
of the Skipanon River channel before the bend of the river and the
Warrenton Marina. Oregon Administrative Rules 660-023(5) & (8)(c)
allows no riparian setbacks to be imposed where water-dependent/water-related
uses and activities are adjacent to the shoreland vegetation. There
is an existing water-dependent business on the west side of the river,
which is in the City's water-dependent/water-related zone (I-2). No
riparian setback is required for this area.
|
|
Riparian Corridor Unit 6(b) Skipanon City Park and Trail
 |
|
This area is adjacent to the Skipanon City Park and trail (see
photos). Riparian vegetation exists in this area at varying widths
with a trail constructed of asphalt (approximately two-feet wide).
This trail is bordered on both sides with natural vegetation. The
trail starts at the City park and heads north to the Skipanon River
Bridge. There is an aged, existing dock with a portable boat ramp
(see photo) located approximately halfway between the City park and
the bridge. The location of the dock and ramp rests on the riparian
vegetation between the trail and the river. The riparian vegetation
between the trail and the river shall have a 50-foot riparian setback
to protect the natural vegetation.
|
|
Riparian Corridor Unit 6(c) Skipanon River Islands
 |
|
These five small islands (see photo) are zoned aquatic conservation
(A-2), and are undeveloped. They are located in the Skipanon River,
south of the Skipanon Bridge. The Skipanon River is affected by the
tidal influence of the Pacific Ocean, which causes several of these
islands to be under water during high tide. These five islands shall
have a 50-foot riparian setback to protect the natural riparian vegetation.
|
|
Riparian Corridor Unit 6(d) Skipanon City Park and Trail
|
 |
|
This area is in the same vicinity as Unit 6(b) and shall be
protected by placing a 50-foot riparian setback between the existing
trail and the Skipanon River.
|
|
Riparian Corridor Unit 7 Upper Skipanon River
50-foot riparian corridor
 |
|
Riparian Corridor Units 8a & 8b Unnamed Tributary
to the Upper Skipanon
0-foot riparian corridor; 50-foot riparian corridor
 |
|
Riparian Corridor Unit 9 Alder Creek
50-foot riparian corridor
 |
|
Riparian Corridor Unit 10 Tansy Creek
50-foot riparian corridor
 |
|
Riparian Corridor Unit 11 Skipanon Slough
30-foot riparian corridor
 |
|
Riparian Corridor Unit 12 Holbrook Slough
0-foot riparian corridor; 50-foot riparian corridor
 |
|
Riparian Corridor Unit 12(a) Shilo Inn and Mulan Restaurant
Holbrook Slough - East and West
 |
|
This area of Holbrook Slough (see photos) is directly behind
Shilo Inn and Mulan Restaurant. There is undeveloped land on the west
side of the slough, which contains natural vegetation, as well as
having a dike and tidegate immediately north of the access roadway
behind the Mulan Restaurant.
Riparian vegetation on both sides of the slough is dominated
by invasive and non-invasive vegetation. In addition, a roadway (see
photos) lies directly behind the Mulan Restaurant providing ingress
and egress to the commercial activities and uses immediately adjacent
to the slough.
A 50-foot riparian setback is imposed on the west side of the
slough; however, maintenance and repair of a compensatory wetland
mitigation area is allowed. Maintenance and repair of the existing
dike and tidegate within the riparian area is allowed.
On the east side of the lower section of Holbrook Slough, riparian
vegetation within the 50-foot buffer shall be protected with the following
exceptions:
* Maintenance and repair of existing buildings (Shilo Inn and
Mulan Restaurant) is not restricted;
* Maintenance and repair of an existing road is not restricted;
and
* Expansion and extension of an existing road is not restricted.
|
|
Riparian Corridor Unit 12(b) Holbrook Slough - Youngs
Bay Plaza
 |
|
This portion (see photo) of Holbrook Slough is located behind
the Youngs Bay Plaza shopping center and by compensatory wetland mitigation
sites.
Riparian vegetation on the Youngs Bay Plaza (east side of the
slough) side of the slough is in poor condition: dominated by invasive
plants, subject to regular mowing, and adjoins a busy commercial area.
The east side of the slough has existing riparian vegetation in a
strip of varying width between the pavement and the high-water line
of Holbrook Slough. On this side of the slough, riparian vegetation
should be protected only between the edge of the existing pavement,
as it currently exists (2006), and the slough shoreline for a 50-foot
riparian setback to protect the remaining natural vegetation within
this corridor.
Riparian vegetation on the west side of the slough exists in
various compensatory wetland mitigation sites, stormwater detention
ponds, and other undeveloped areas. Riparian vegetation in this section
of Holbrook Slough will be protected with a 50-foot riparian corridor
setback. Maintenance and repair is allowed for the compensatory wetland
mitigation sites and stormwater detention or settling features, which
exist within this riparian corridor.
|
|
Riparian Corridor Units 13 and 14 Adams Slough and Vera
Creek
50-foot riparian corridor
 |
|
Riparian Corridor Unit 15 Coffenbury Lake
50-foot riparian corridor
Riparian Corridor Unit 16 Crabapple Lake
50-foot riparian corridor
 |
|
Riparian Corridor Unit 17 Creep and Crawl Lake
50-foot riparian corridor
 |
|
Riparian Corridor Unit 18 Long Lake
50-foot riparian corridor
 |
|
Riparian Corridor Unit 19 Wild Ace Lake
50-foot riparian corridor
 |
|
Riparian Corridor Unit 20 Shag Lake
50-foot riparian corridor
 |
|
Riparian Corridor Unit 21 Abbot Lake
50-foot riparian corridor
 |
|
Riparian Corridor Unit 22 Cemetery Lake
50-foot riparian corridor
 |
|
Riparian Corridor Unit 23 Clear Lake
50-foot riparian corridor
 |
|
Riparian Corridor Unit 24 Leinenweber Lake
50-foot riparian corridor
 |
|
Riparian Corridor Unit 25 Kyle Lake
50-foot riparian corridor
 |
|
Riparian Corridor Unit 26 Pond Lily Lake
50-foot riparian corridor
 |
B.
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.
A.
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.
B.
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:
1.
A water-dependant or water-related use allowed in the base zone;
or
2.
To provide access to the water for a water-related or water-dependent
use in a manner consistent with Statewide Planning Goal 17; or
3.
Public utility structures and corridors; or
4.
Public streets, roads, or trails identified in the Warrenton Transportation
System Plan; or
5.
Replacement of existing structures or impervious surfaces with structures
or impervious surfaces in the same location that do not disturb additional
riparian surface area; or
6.
Expansion or replacement of existing structures in a riparian corridor may be approved subject to the requirements for nonconforming uses and activities in Chapter 16.276 of this Code; or
7.
For the Alder Creek, Tansy Creek, and Upper Skipanon River (northerly
stretch only) riparian corridor units, the following additional uses
are allowed in the riparian corridor (refer to the City of
Warrenton Riparian Corridor Inventory and ESEE Analysis dated
January 21, 2004 for more details):
a.
New attached or detached accessory structures, including decks, porches,
gazebos, etc., not more than 400 square feet in size. The accessory
structure must satisfy the following criteria before development approval,
and building permits (if applicable), may be granted by the City:
i.
The accessory structure must be the first or second structure on
the lot to encroach into the 50-foot riparian corridor;
ii.
All portions of the accessory structure, including overhangs and
cantilevered sections, must remain at least 25-feet away from the
top-of-bank (or bankfull stage) of the respective water area;
iii.
Equal or better protection for the respective water area must
be demonstrated through appropriate design and location of the structure.
Suitable planting of riparian vegetation and/or trees between the
accessory structure and the water body may be required;
iv.
All structures must meet or exceed the applicable floodplain regulations of the City (Chapter 16.88 of the Warrenton Development Code);
v.
Appropriate erosion control practices in accordance with Chapter 16.152 must be in place prior to, during, and after construction; and
vi.
No construction shall take place before development approval by the City is granted in accordance with Section 16.212.020.
8.
The riparian corridors associated with the following water bodies
receive full protection under this chapter and none of the uses listed
above are permitted in these corridors. Refer to the City
of Warrenton Riparian Corridor Inventory and ESEE Analysis dated January 21, 2004 for more details.
C.
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:
1.
As part of a restoration, enhancement, or mitigation plan approved
by the City of Warrenton or by the U.S. Army Corp of Engineers or
the Oregon Division of State Lands; or
2.
As needed for maintenance and repair of an existing structure; or
3.
As needed for public safety (e.g., to provide for clear vision at
a street intersection, or to provide a fuel-free buffer around a structure);
or
4.
As needed to maintain existing public utility corridors; or
5.
As needed to maintain existing flood control dikes and tidegates;
or
6.
As needed to maintain the City's existing stormwater collection system;
or
7.
To provide access to the water for a water-related or water-dependent
use in a manner consistent with Statewide Planning Goal 17; or
8.
To maintain residential landscaping installed prior to the effective
date of the ordinance codified in this chapter; or
9.
To prevent damage to an existing structure (e.g., the removal of
dead or dying trees that may cause structural damage if they were
to fall); or
10.
As part of a forest operation subject to the requirements of the
Oregon Forest Practices Act and its administrative rules; or
11.
As part of an agricultural operation; or
12.
For the Alder Creek, Tansy Creek, and Upper Skipanon River (northerly
stretch only) riparian corridor units, the following additional uses
are allowed in the riparian corridor (refer to the City of
Warrenton Riparian Corridor Inventory and ESEE Analysis dated
January 21, 2004 for more details):
a.
New attached or detached accessory structures, including decks, porches,
gazebos, etc., not more than 400 square feet in size. The accessory
structure must satisfy the following criteria before development approval,
and building permits (if applicable), may be granted by the City:
i.
The accessory structure must be the first or second structure on
the lot to encroach into the 50-foot riparian corridor;
ii.
All portions of the accessory structure, including overhangs
and cantilevered sections, must remain at least 25 feet away from
the top-of-bank (or bankfull stage) of the respective water area;
iii.
Equal or better protection for the respective water area must
be demonstrated through appropriate design and location of the structure.
Suitable planting of riparian vegetation and/or trees between the
accessory structure and the water body may be required;
iv.
All structures must meet or exceed the applicable floodplain regulations of the City (Chapter 16.88);
v.
Appropriate erosion control practices in accordance with Chapter 16.152 must be in place prior to, during, and after construction; and
vi.
No construction shall take place before development approval by the City is granted in accordance with Section 16.212.020.
13.
The riparian corridors associated with the following water bodies
receive full protection under this chapter and none of the uses listed
above are permitted in these corridors. Refer to the City
of Warrenton Riparian Corridor Inventory and ESEE Analysis dated January 21, 2004 for more details.
a.
Unnamed tributary to the Upper Skipanon River (west stretch only);
b.
Upper Skipanon River (south stretch only, not including areas south
of Highway 101)*;
c.
Crabapple Lake;
d.
Creep and Crawl Lake;
e.
Wild Ace Lake; and
f.
Shag Lake.
|
*
|
Please refer to Section 4.4 of the ESEE document for special
allowances for the Warrenton High School property.
|
A.
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.
B.
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.
C.
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.
A.
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.
B.
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:
1.
The proposed development represents a reasonable and legal use of
the lot or parcel, considering the zoning.
2.
Strict adherence to this chapter and other applicable standards would
effectively preclude a use of the parcel that could be reasonably
expected to occur in similarly zoned parcels.
3.
The property owner would be precluded a substantial property right
enjoyed by the majority of landowners in the vicinity.
4.
The variance is the minimum necessary to retain use of the property.
5.
Granting of the variance will not be materially detrimental to the
public welfare or be injurious to property or improvements in the
neighborhood of the premises.
6.
The variance will be in general harmony with the intent and purpose
of this chapter, and will not adversely affect any officially adopted
Comprehensive Plan policy.
A.
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.)
B.
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.
C.
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.
D.
The City's decision may be appealed in accordance with Section 16.208.030.
To amend the significance determination of a mapped wetland
area, an affected property owner or its agent must abide by the following
procedure:
A.
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.
B.
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.
C.
Approval
of a quasi-judicial amendment to the LSW Map shall be based on the
following criteria:
1.
Determination by the City that a functional assessment for a particular
wetland inventory unit supports revision of that unit's significance
determination.
a.
The assessment must be completed by a qualified wetland scientist;
and
b.
The assessment must include the entire wetland inventory unit; and
c.
The assessment must follow the principles of OFWAM (Oregon Freshwater
Wetland Assessment Methodology); and
d.
The assessment must include analyses of those specific criterions
in question (i.e., hydrologic control, intact water quality, distance
to a Water Quality Limited (WQL) stream [WQL stream determinations
are made by the Oregon Department of Environmental Quality (DEQ)],
wildlife habitat, etc.).
2.
In addition to the notice requirements of Section 16.208.050, the City shall provide notice of the initial evidentiary hearing to DLCD pursuant to ORS 197.610. The City shall provide notice of the initial evidentiary hearing to DSL at the same time.
3.
The City shall mail a copy of the official staff report, together
with the entire application packet, to DLCD and DSL not less than
seven days in advance of the initial evidentiary hearing date for
the matter.
D.
The
City Commission's decision may be appealed to the Oregon Land Use
Board of Appeals.
(Ord. 1175-A § 16, 2013)
