§ 17.44.120. Review of land use action involving the North Santiam River

Existing or proposed lots that adjoin the North Santiam River shall comply with the following requirements.

A. Land Use Changes. Any land use change involving a current lot or proposed lot that adjoins the North Santiam River shall be submitted to the planning commission for review.

1. Land use changes include, but are not limited to:

a. New building construction, enlargement of a building on the riverfront side of the building; or

b. The removal of trees or other vegetation in the area between the stream channel and the topographical break at the top of the stream bank; or

c. The creation of a lot or parcel by the subdividing or partitioning of land; or

d. Landscaping that requires the addition or removal of fifty (50) cubic yards of soil within seventy-five (75) feet above the topographical break at the top of the stream bank as outlined in subsection (D) of this section; or

e. Water dependent uses such as boat docks or boat launching and/or mooring facilities.

2. Exceptions. The following land use changes are exempt from planning commission review:

a. Removal of a tree that could become a threat to life or structure if done in such a way that stream bank stability is maintained;

b. Removal of tansy ragwort, Canadian thistle, and other noxious weeds if followed by replanting of the area with riparian species appropriate to Western Oregon;

c. Construction of an accessory structure such as a pump house or storage shed, not to exceed one hundred twenty (120) square feet in area and ten (10) feet in height.

B. Review Criteria. The planning commission shall use the following criteria in approval or denial of an application:

1. The removal of any existing trees or other forms of existing natural vegetation such as shrubs, brush, plants or grasses between the stream channel and the topographical break at the top of the stream bank shall not be harmful to existing fish and wildlife habitat, including such items as stream bank erosion/stabilization and water quality degradation. When the removal of trees is considered to be commercial harvesting, the Oregon Department of Forestry shall have jurisdiction to manage the removal of trees;

2. A use or activity expressed in the proposed request shall not have a potentially damaging impact on existing fish or wildlife habitat along the river.

C. Application. An application for a land use change involving the North Santiam River shall be submitted to the planning commission in accordance with the provisions of Section 17.64.060. A filing fee in accordance with the provisions of Section 17.64.070 shall be submitted with the application.

D. Hearing and Action on Land Use Change Application Involving the North Santiam River. Before the planning commission may act on an application for a land use change involving the North Santiam River, it shall hold a public hearing in accordance with the provisions of Sections 17.64.080 and 17.64.090. Hearing notice shall also be provided to the Oregon Department of Fish and Wildlife and to the Oregon Department of Forestry. After the public hearing is closed, the planning commission shall either approve or deny the application. In approving the application, the planning commission may impose conditions as outlined in subsection (E) of this section. The placement of fill or the removal of soil below the top of the bank may also require state or federal permits.

E. Time Limit on Approved Land Use Change Involving the North Santiam River.

1. Authorization of land use change involving the North Santiam River that involves the construction or expansion of a building shall be void two years after the date of approval unless a building permit has been issued and the building permit is either still active or the building is complete and fully approved by the permit review authority. However, upon written request, the planning commission has the authority to grant an additional period, not to exceed two years, to complete the project.

2. In the case of an activity or use on the land that does not involve construction or expansion of a building, the authorization shall remain in effect for a period of five years as long as the lot or parcel remains vacant and as long as the circumstances pertaining to removal of vegetation have not changed. After the five year period, if the property remains vacant or if the use or activity is expected to continue, a new application shall be submitted for review by the city.

3. In the case of a lot or parcel created by the subdividing or partitioning of land that has been reviewed and approved under the provisions of this section on a lot-by-lot basis, the authorization shall remain in effect for a period of five years from the date the plat for the subdivision or partition is filed as long as the lot or parcel remains vacant and as long as the circumstances pertaining to removal of vegetation have not changed. After the five-year period, if the property remains vacant, a new application shall be submitted for review by the city. If a subdivision or partition has been filed during the five-year period commencing prior to the date this title goes into effect, the five-year period shall begin the date this title goes into effect.

F. Conditions and Basis for Denial of Application. If the planning commission finds that damaging effects set forth in this section could occur from the proposed request, the Commission may impose conditions to any land use application approval in order to maintain, enhance and protect existing fish and wildlife habitat along the river. An application may be denied if it cannot be conditioned to mitigate its adverse impacts. Conditions that may be imposed include, but are not limited to, the following:

1. Replanting of any existing trees or any other forms of existing natural vegetation which are removed. Replanting shall be with native vegetation using riparian species appropriate to western Oregon;

2. Requirement of additional or special setbacks from the water's edge or at the topographical break at the top of the stream bank;

3. Installation of fencing.

(Ord. 313 § 1, 2003: Ord. 273 § 5.120, 1998)