HomeMy WebLinkAboutOrdinances 2142ORDINANCE NO. 2142
AN ORDINANCE AMENDING CENTRAL POINT MUNICIPAL CODE CHAPTER 17.66
TO ESTABLISH ENVIRONMENTAL OVERLAY STANDARDS, CHAPTER 16.10 TO
LIMIT NEW LOTS IN RIPARIAN CORRIDORS AND WETLANDS, CHAPTER 17.60
TO REPEAL STREAM SETBACK REQUIREMENTS, CHAPTER 17.05 TO
ESTABLISH PROCESS TO CORRECT OVERLAY MAP ERRORS AND VARIOUS
SECTIONS OF CHAPTER 8.24 TO REFERENCE THE UPDATED STREAM
CORRIDOR OVERLAY
File No. ZC-26002
Recitals:
A. Pursuant to CPMC 1.01.040, the City Council, may from time to time revise its
municipal code which shall become part of the overall document and citation.
B. For consistency with existing policy in the Comprehensive Plan, a new
Environmental Overlay chapter (CPMC 17.66) establishes regulations for
Flood Overlay, Stream Corridor Overlay, and Wetland Overlay areas with
resource protection measures and development standards in environmentally
sensitive areas.
C. For consistency with existing policy in the Comprehensive Plan and provision
of the land use process, Chapter 16.10 establishes limits on new lots in the
Stream Corridor and Wetland Overlays.
D. For consistency with the land use process for setbacks along streams within
Central Point, the Ordinance repeals special stream setback requirements from
Chapter 17.60.090 and references Stream Corridor Overlay boundaries in
Chapter 8.24.
E. In accordance with CPMC 17.05.500, the City of Central Point Citizen’s
Advisory Committee considered and approved Resolution 2026-1 forwarding a
favorable recommendation to approve the proposed amendments at their
meeting on February 17, 2026.
F. In accordance with CPMC 17.05.500 the following duly noticed public hearings
were conducted:
1. March 3, 2026 Planning Commission meeting, at which the Planning
Commission considered and approved Resolution No. 941 forwarding
a favorable recommendation to the City Council to approve the
proposed amendments; and,
2. March 26, 2026 City Council meeting at which time the City Council
considered the first reading of the ordinance amending Chapter 17.66
to establish environmental overlay standards, Chapter 16.10 to limit
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new lots in riparian corridors and wetlands, Chapter 17.60 to repeal
special stream setback standards and various sections of 8.24 to
reference boundaries and applicability of updated stream corridor
overlay.
H. Words lined through are to be deleted and words in bold are added.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
Section 1. Title 17 of the Central Point Municipal Code is hereby amended to add a new
Chapter 17.66, Environmental Overlay, as set forth below:
17.66.010 Purpose
The purpose of this chapter is to implement the Environmental Overlay
established in the Land Use Element of the Comprehensive Plan, including
identification and protection of environmentally sensitive lands and natural
hazard areas, including floodplains, wetlands, and riparian corridors. Resource
protection requirements are designed to comply with applicable state and federal
requirements and to provide community benefits such as flood risk reduction,
wildlife habitat, water quality improvement, and recre ation opportunities for
Central Point residents and visitors.
17.66.020 Relationship to Comprehensive Plan
This chapter implements and coordinates with multiple elements of the
Comprehensive Plan as follows:
A. Land Use Element. This chapter implements the Environmental Overlay
framework established in the Land Use Element, Section 9.3.
B. Environmental Management Element. This chapter supports the goals and
policies of the Environmental Management Element.
C. Other Elements. This chapter is coordinated with the Parks and Recreation
Element, Public Facilities and Services Element, and Transportation System Plan.
17.66.030 Official Maps
A. Land Use Overlay Map. The official Land Use Overlay Map adopted as Figure
10.1 of the Land Use Element identifies the geographic extent of each
Environmental Overlay area. The Land Use Overlay Map is based on
environmental resources identified and mapped in the following techn ical
elements and source documents:
1. Flood Overlay: Based on Special Flood Hazard Areas identified in the
Environmental Element, Natural Hazard Mitigation Plan, and Federal
Emergency Management Agency (FEMA) Flood Insurance Rate Maps;
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2. Stream Corridor Overlay: Based on riparian corridors identified in the
Environmental Element;
3. Wetland Overlay: Based on locally significant wetlands identified in the
Environmental Element and the Local Wetlands Inventory approved by
Oregon Division of State Lands (to be added to the Land Use Overlay Map
when officially adopted);
B. Relationship Between Elements. The Environmental Element and other
technical elements of the Comprehensive Plan identify environmental resources
and establish protection policies. The Land Use Element translates these
resources into overlay districts shown on the Land Use Overlay Map. This
chapter implements the overlay districts through development regulations.
17.66.040 Definitions
For the purpose of this chapter, the following definitions apply.
A. General Terms
1. Environmental Overlay. Means collectively the Flood Overlay, Stream Corridor
Overlay, and Wetland Overlay as shown on the Land Use Overlay Map.
2. Mitigation. Means actions taken to avoid, minimize, or compensate for adverse
impacts to environmental resources.
B. Flood Overlay Terms
For definitions applicable to the Flood Overlay, refer to Chapter 8.24.
C. Stream Corridor Overlay Terms
1. Fish-Bearing Stream. Means a stream inhabited at any time of the year by
anadromous or game fish species or fish that are listed as threatened or
endangered species under the federal or state Endangered Species Act.
2. Riparian Area. Means the area adjacent to a water resource, consisting of the
area of transition from an aquatic ecosystem to a terrestrial ecosystem, which
affects or is directly affected by the water resource.
3. Riparian Buffer. Means a protected area adjacent to and measured from the top
of bank that preserves and protects the riparian area and its environmental
functions.
4. Riparian Corridor. Means a Goal 5 resource that includes the water areas, fish
habitat, adjacent riparian areas, and wetlands within the stream corridor overlay
boundary.
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5. Riparian Vegetation. Means native ground cover, shrubs, trees, and other
vegetation predominantly influenced by their association with water.
6. Top of Bank. Means the stage or elevation at which water overflows the natural
banks of streams or other waters of the state and begins to inundate upland
areas. In the absence of physical evidence, or where the top of bank is not clearly
defined, the two-year recurrence interval flood elevation or the line of non-aquatic
vegetation (whichever is most landward) may be used to approximate the top of
bank.
D. Wetland Overlay Terms
1. Jurisdictional Determination. Means a regulatory decision of wetland
boundaries that is approved by Oregon Department of State Lands (DSL). A
determination is a precise map and documentation of actual wetland boundaries
on a parcel.
2. Local Wetlands Inventory (LWI). Means maps and reports adopted by the City
of Central Point entitled “Central Point Local Wetlands Inventory” and any
subsequent revisions approved by Oregon Division of State Lands. The LWI is a
comprehensive survey of all wetlands over one-half (0.5) acre in size within the
urbanizing area.
3. Locally Significant Wetland. Means a wetland determined to be significant
under the criteria of OAR 141-086-0300 et seq. These criteria include those
wetlands that score a high rating for fish or wildlife habitat, hydrologic control, or
water quality improvement functions.
4. Oregon Freshwater Wetland Assessment Methodology (OFWAM). Means a
wetland function and quality assessment methodology developed by the Oregon
Division of State Lands.
5. Other Possible Wetland. Means an area noted during the course of developing
the Local Wetlands Inventory that appears to meet wetland criteria but is too
small (less than 0.5 acre) to require inclusion in the LWI.
6. Significant Wetland. Means wetlands identified on the City of Central Point
Local Wetlands Inventory and determined to be “significant wetlands” using
criteria adopted by Oregon Division of State Lands (DSL).
7. Wetland. Means an area inundated or saturated by surface or groundwater at a
frequency and duration sufficient to support, and that under normal
circumstances does support, a prevalence of vegetation typically adapted for life
in saturated soil conditions.
8. Wetland Delineation. Means a determination of wetland presence that includes
marking the wetland boundaries on the ground and/or on a detailed map prepared
by professional land survey or similar accurate methods.
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9. Wetland Protection Area. Means an area subject to the provisions of this
chapter that includes all wetlands determined to be locally significant.
17.66.050 General Standards
The following standards apply to all Environmental Overlay areas unless
specifically stated otherwise in Sections 17.66.100, 17.66.200, or 17.66.300.
A. State and Federal Permits Required
Nothing in this chapter exempts any person from obtaining required state or
federal permits, approvals, or authorizations. Applicable permits include but are
not limited to those from:
1. Oregon Division of State Lands (wetlands and waterways);
2. U.S. Army Corps of Engineers (Clean Water Act Section 404);
3. Oregon Department of Fish and Wildlife (habitat mitigation pursuant to
OAR 635-415);
4. Oregon Department of Environmental Quality (water quality);
5. Federal Emergency Management Agency (floodplains).
B. Relationship to Other Regulations
Properties within Environmental Overlay areas remain subject to all requirements
of:
1. The underlying base zoning district;
2. Any other applicable overlay zones;
3. All applicable provisions of the Central Point Municipal Code;
4. State regulations; and
5. Federal regulations.
Where standards conflict, the most restrictive standard shall govern.
C. Nonconforming Situations
1. Applicability
This subsection applies to nonconforming structures within the Stream
Corridor Overlay (Section 17.66.200) and Wetland Overlay (Section
17.66.300) only. Nonconforming structures within the Flood Overlay
(Section 17.66.100) are subject to Chapter 8.24.
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2. General Provisions
Pre-existing uses, signs, and structures legally established within the
Stream Corridor Overlay or Wetland Overlay prior to adoption of this
chapter that does not conform to current standards shall be considered
nonconforming and may be replaced or expanded subject to section
17.66.050(c) and Section 17.56 (Nonconforming Uses and Structures).
Where there is a conflict between the provisions of this chapter and the
requirements in Section 17.56, the provisions of this chapter shall govern .
3. Replacement Within Same Footprint
Replacement of a nonconforming structure within or partially within the
Stream Corridor Overlay or Wetland Overlay is permitted if:
a. The replacement structure is within the same building footprint; and
b. No additional surface area within the Stream Corridor Overlay or
Wetland Overlay is disturbed.
4. Expansion Outside Overlay Area
Expansion of the footprint of a nonconforming structure is permitted if:
a. The expansion occurs entirely outside the Stream Corridor Overlay
or Wetland Overlay area; and
b. No additional surface area within the Stream Corridor Overlay or
Wetland Overlay is disturbed by the expansion.
5. Replacement After Damage or Destruction
A nonconforming structure within the Stream Corridor Overlay or Wetland
Overlay that is damaged or destroyed by fire, flood, wind, or other casualty
may be rebuilt to the same size and in the same location, provided:
a. Reconstruction commences within two (2) years of the date of
damage or destruction; and
b. The replacement complies with all applicable provisions of Chapter
8.24 if located within the Flood Overlay.
D. Conservation of Overlay Areas on Pre-Existing Lots
1. Purpose. This section ensures long-term conservation and maintenance of
Stream Corridor and Wetland Overlay areas on lots legally created prior to
adoption of this chapter that are not subject to the lot layout requirements
of CPMC 16.10. Wetland and riparian corridor disturbance is costly to
mitigate and rarely restores ecological functions to pre -disturbance levels.
Avoidance of impacts is therefore strongly preferred and required to the
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maximum extent practicable before mitigation under Section 17.66.370 is
considered.
2. Applicability. This section applies to development proposed on lots legally
created prior to adoption of this chapter where any portion of the lot is
within the Stream Corridor Overlay or Wetland Overlay. This section does
not apply to the Flood Overlay, which is governe d by Chapter 8.24.
3. Avoidance Required. Prior to approval of any development application
subject to this section, the applicant shall demonstrate that the proposed
development has been designed to avoid impacts to overlay areas to the
maximum extent practicable. The approving authority shall not approve a
development application that impacts overlay areas where a practicable
alternative design exists that would avoid or substantially reduce those
impacts.
4. Criteria for Avoidance Finding. In determining whether a practicable
alternative design exists, the approving authority shall consider the
following:
a. Whether the proposed use or structure can be relocated to avoid or
reduce impacts to the overlay area while remaining on the subject
property;
b. Whether the scale, footprint, or configuration of the proposed
development can be reduced to avoid or minimize overlay impacts;
c. Whether the proposed use requires a location within the overlay area
due to functional dependence on the stream corridor or wetland
resource;
d. Whether avoidance would render the property unbuildable or deprive
the applicant of all reasonable use of the property; and
e. Recommendations of applicable state and federal agencies,
including Oregon Department of Fish and Wildlife and Oregon
Division of State Lands, and the recommendations of qualified
professionals, such as a wetland biologist, hydrologist, or other
technical expert.
5. Long-Term Conservation. When approving Conditional Use Permits,
Master Plans, Site Plan approvals, or any other development permit on lots
containing Stream Corridor Overlay or Wetland Overlay areas, the
approving authority shall require long -term conservation and maintenance
of those areas through one of the following mechanisms, listed in order of
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preference:
a. Conservation Easement. The overlay area shall be protected in
perpetuity by a conservation easement held by a qualified land trust
or other conservation organization, recorded on deeds and plats,
and prescribing the conditions and restrictions set forth in this
chapter and any conditions imposed by applicable state or federal
permits.
b. The overlay area shall be transferred by deed to a willing public
agency or qualified conservation organization with a recorded
conservation easement prescribing the conditions and restrictions
set forth in this chapter and any conditions imposed by applic able
state or federal permits.
c. Where options (a) and (b) are demonstrated to be infeasible, the
overlay area shall be protected through another mechanism
acceptable to the approving authority that ensures long -term
protection and maintenance in perpetuity consistent with the
standards of this chapter.
6. Relationship to Mitigation. Conservation of overlay areas under this
section is not a substitute for mitigation where impacts to overlay areas
are proposed and approved. Where impacts cannot be avoided, the
applicant shall comply with both this section and the mitigation
requirements of Section 17.66.370. Conservation mechanisms required
under this section shall be recorded prior to issuance of building or other
development permits that initiate construction.
17.66.060 Additional Application Requirements
Applications for development within Environmental Overlay areas shall comply
with the application procedures of Chapter 17.05 and shall include a site plan
containing the information required by Section 17.72.030. In addition, the
following overlay-specific information is required:
A. Stream Corridor Overlay
1. Survey or site plan. All applications must include a survey or site plan
prepared by a qualified professional showing:
a. Location of top of bank;
b. 50-foot riparian buffer boundary on both sides;
c. Existing vegetation within buffer.
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2. Conditional Use. Pursuant to Section 17.66.240 and Chapter 17.76,
applications for conditional use must include:
a. Mitigation plan demonstrating how impacts will be avoided,
minimized, or compensated;
b. Alternatives analysis if required;
c. Documentation that state and federal permits have been obtained or
applied for.
3. Map Errors or corrections. Applications to correct overlay maps must
include:
a. Survey or site plan, in accordance with 1 above.
b. Alternative analysis that depicts the revised stream corridor overlay.
c. Documentation demonstrating coordination with Oregon Department of
Fish and Wildlife consistent with subsection (C).
B. Wetland Overlay
1. A wetland delineation and jurisdictional determination approved by Oregon
Department of State Lands (DSL) if:
a. Development is proposed within mapped wetland area;
b. Development is proposed within 25 feet of mapped wetland;
c. An application to correct a mapping error is submitted; or
d. Evidence of wetlands or waters of the state is present on or within 50
feet of the subject property.
2. Map errors or corrections. Applications to correct wetland overlays must
include:
a. Wetland delineation and jurisdictional determination approved by
DSL, in accordance with subsection 1;
b. Alternative analysis that depicts the revised wetland overlay.
C. State Agency Coordination
The Planning Director shall coordinate with appropriate state agencies and may
incorporate, or require compliance with, their comments and recommendations.
Applications within Environmental Overlay areas shall be referred to:
1. Oregon Department of State Lands for applications that may affect
wetlands or waters of the state, including but not limited to those identified
in the Local Wetlands Inventory;
2. Oregon Department of Fish and Wildlife for review and habitat mitigation
recommendations consistent with OAR 635-415, for applications that may
affect the Stream Corridor Overlay, as defined and determined in 17.66.220.
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FLOOD OVERLAY
17.66.100 Flood Overlay
This section establishes the Flood Overlay to implement flood hazard
management provisions of the Environmental Overlay.
17.66.110 Purpose
The Flood Overlay implements the flood hazard provisions of the Environmental
Overlay (Land Use Element, Section 9.3) to reduce risks to public health, safety,
and property from flooding.
17.66.120 Standards and Boundaries
All flood hazard areas, development standards, permit requirements, and
regulatory boundaries for the Flood Overlay are established in Chapter 8.24
(Flood Damage Prevention). The Flood Overlay shown on the Land Use Overlay
Map corresponds to the Special Flood Hazard Areas regulated under Chapter
8.24.
STREAM CORRIDOR OVERLAY
17.66.200 Stream Corridor Overlay
This section establishes the Stream Corridor Overlay to protect and restore
riparian corridors and their ecological functions.
17.66.210 Purpose
The Stream Corridor Overlay implements the riparian corridor protection
provisions of the Environmental Overlay (Land Use Element, Section 9.3) and the
Environmental Element. This section is based on the “safe harbor” approach as
defined in Oregon Administrative Rules 660-023-0090(5). Specifically, this section
is intended to:
A. Implement the goals and policies of the Central Point Comprehensive Plan;
B. Satisfy the requirements of Statewide Planning Goal 5 and Goal 6;
C. Protect Central Point’s riparian corridors, thereby protecting the hydrologic
and ecologic functions these areas provide for the community;
D. Protect habitat for fish, other aquatic life, and wildlife;
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E. Protect water quality and natural hydrology, to control erosion, limit
sedimentation, and reduce the effects of flooding;
F. Provide a stream “right of way” to accommodate lateral migration of the
channel and protect the stream and adjacent properties;
G. Protect the amenity values and educational opportunities of Central Point’s
riparian areas as community assets; and
H. Enhance coordination among local, state, and federal agencies regarding
development activities near riparian areas.
17.66.220 Applicability and Boundaries
A. Applicability. These provisions apply to riparian corridors as identified and
mapped in the Environmental Element (Figure 2, Stream Corridor Overlay Map)
and designated as “Stream Corridor Overlay” on the Land Use Overlay Map
(Figure 10.1 of the Land Use Element).
B. State and Federal Jurisdiction. State and federal riparian regulations continue
to apply within the Stream Corridor Overlay regardless of whether specifically
mapped. Nothing in this section supersedes or nullifies state or federal
requirements.
C. Overlay Components. The Stream Corridor Overlay consists of two
components:
1. Stream Channel: The area between the top of bank on each side of the
waterway; and
2. Riparian Buffer: A protected area extending 50 feet horizontally from the
top of bank on both sides of the stream channel.
D. Buffer Measurement.
1. The riparian buffer shall be measured horizontally from the top of bank as
defined in Section 17.66.040.
2. Where the top of bank cannot be clearly identified in the field, the two -year
recurrence interval flood elevation or the line of non -aquatic vegetation
(whichever is most landward) shall be used to approximate the top of bank.
E. Stream Classifications. This overlay applies to waterways classified as:
1. Locally Significant Streams: Waterways determined to have significant
riparian areas in accordance with Oregon Administrative Rules (OAR) 660 -
023-0090, classified as fish-bearing streams.
2. Local Streams: Non-fish-bearing streams with flows below 500 cubic feet
per second (cfs) determined to have riparian areas necessary to maintain
and improve water quality.
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F. Mapping Error and Corrections. The Planning Director may correct the location
of the riparian buffer, providing written record of the decision, for applications
consistent with the requirements in 17.66.060(A)(3). and demonstrating the
following:
1. There was an error in the original mapping; or
2. The boundaries of the resource have changed since the most recent
update to the map.
17.66.230 Permitted Uses and Activities
The following activities are allowed within the Stream Corridor Overlay without
additional City review beyond any review otherwise required by the base zone,
provided applicable state and federal permits are obtained:
A. Riparian Buffer Enhancement
Riparian restoration and rehabilitation activities that improve ecological
conditions within the stream corridor, including but not limited to habitat
improvements (e.g. placement of woody debris and other habitat structures),
native vegetation planting, b ank stabilization and other modifications to increase
riparian functions.
i. Such activities may include minor earthwork for the
excavation or placement of up to five (5) cubic yards of soil
and disturb an area of no more than 1,000 square feet; and
ii. Projects exceeding these thresholds shall comply with Section
17.66.260.D
B. Hazard Tree Removal
Cutting and removal of trees which pose a hazard to life or property due to threat
of falling.
C. Vegetation Management
Removal of nonnative vegetation, provided it is replaced with native plant species
at similar coverage density such that native species become dominant.
D. Agricultural Operations
Normal farm practices, other than structures, roads, or other facilities that involve
placement of fill material, excavation, or drainage measures, that were in place at
adoption of this chapter on Exclusive Farm Use lands.
E. Maintenance Activities
Routine maintenance of existing drainage facilities, utilities, and irrigation pumps
that do not disturb additional riparian surface area beyond the existing footprint.
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F. Pre-Existing Development
Any use, sign, or structure, and the maintenance thereof, lawfully existing on the
date of adoption of this chapter, is permitted within the Stream Corridor Overlay.
Such use, sign, or structure may continue at a similar level and manner as
existed on the date of adoption. The maintenance and alteration of pre -existing
ornamental landscaping is permitted as long as no additional riparian vegetation
is disturbed. The provisions of this section shall not be affected by any change in
ownership of properties containing a stream corridor.
G. Emergency Repairs
Emergency repairs authorized by the City, subject to the standards in Section
17.66.260.A.
H. Street and Driveway Maintenance
Maintenance, paving, and reconstruction of existing public and private streets,
driveways, and pathways, subject to the standards in Section 17.66.260.B.
I. Fences
Fences on existing lots, subject to the standards in Section 17.66.260.C.
J. Stream Restoration and Enhancement
Stream restoration, rehabilitation and mitigation projects that improve specific
stream functions or replace lost ecological functions, subject to the standards in
Section 17.66.260.D.
17.66.240 Conditional Uses
A. Applicability
The following uses may be permitted within the Stream Corridor Overlay subject
to approval of a Conditional Use Permit pursuant to Chapter 17.76, provided they
are:
1. Compatible with the purpose and intent of Section 17.66.210;
2. Designed to minimize disturbance within the stream corridor; and
3. Supported by applicable state and federal permits.
B. Conditional Uses
The following uses may be allowed as conditional uses:
1. Water-related or water-dependent uses, such as drainage facilities and
irrigation pumps;
2. Utilities or other public improvements;
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3. Streets, roads, or bridges where necessary for access or crossings;
4. Shared-use paths, accessways, trails, picnic areas, interpretive and
educational displays and overlooks, including benches and outdoor
furniture.
17.66.250 Prohibited Activities
The following activities are prohibited within the Stream Corridor Overlay unless
specifically authorized as a permitted use in Section 17.66.230, a conditional use
in Section 17.66.240, or through the development standards in Section 17.66.260:
A. Placement of new structures or impervious surfaces;
B. Excavation, drainage, grading, or fill (except as authorized for stream
restoration in Section 17.66.260.D);
C. Removal of native vegetation (except for fire protection, hazard tree removal,
or invasive species removal as authorized in Section 17.66.230);
D. Expansion of areas of landscaping with nonnative species, such as lawn or
garden, into the stream corridor;
E. Disposal or temporary storage of refuse, yard debris, or other material;
F. Uses not allowed in the underlying base zone.
17.66.260 Development Standards
The following development standards apply to activities within the Stream
Corridor Overlay:
A. Emergency Repairs
Emergency repairs authorized by the City may be undertaken without full
compliance with this chapter when it is necessary to:
1. Prevent an imminent threat to public health or safety; or
2. Prevent imminent danger to public or private property; or
3. Prevent an imminent threat of serious environmental degradation.
Emergency authorization does not waive the requirement to obtain applicable
state and federal permits. Full compliance with this chapter is required for
permanent repairs following resolution of the emergency.
B. Street and Driveway Standards
Maintenance, paving, and reconstruction of existing public and private streets,
driveways, and pathways is permitted within the Stream Corridor Overlay if:
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1. Work disturbs no more total surface area than the area inside the street
right-of-way or access easement; plus
2. Up to an additional five percent (5%) of the surface area of the street right -
of-way or access easement outside of the right-of-way or easement; and
3. Public streets are located within public right -of-way or public easement.
C. Fence Standards
1. Fencing on New Lots. Fencing is prohibited within the Stream Corridor
Overlay on lots created after adoption of this chapter, except:
a. Temporary construction fencing during approved development or
restoration activities;
b. Wildlife-compatible fencing approved as part of an approved habitat
restoration or mitigation plan; or
c. Fencing required by state of federal safety regulations (e.g. pool
barrier requirements where pools are otherwise legally permitted).
2. Fencing on Existing Lots. New fencing may be allowed within the Stream
Corridor Overlay where the applicant demonstrates all of the following
criteria are met:
a. The fencing does not affect the hydrology of the site;
b. The fencing does not present an obstruction that would increase
flood velocity or intensity;
c. Fish habitat is not adversely affected by the fencing;
d. The fencing is the minimum necessary to achieve the applicant’s
purpose and
e. The fence design is wildlife-compatible (e.g. provides adequate
spacing for wildlife passage) where feasible.
3. Application Requirements. Applications for new fencing within the Stream
Corridor Overlay shall include the information required in Section
17.66.060(A).
D. Stream Restoration and Enhancement
Stream restoration and enhancement projects exceeding the disturbance
thresholds in Section 17.66.230.A for minor restoration projects are permitted
when all of the following standards are met:
1. The restoration and enhancement results in a net gain in stream corridor
functions;
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2. Restoration and enhancement that involves in -stream work must
demonstrate compliance with provisions of Chapter 8.24 (Flood Damage
Prevention), including but not limited to Sections 8.24.160, 8.24.170, and
8.24.200;
3. All required state and federal permits have been obtained.
WETLAND OVERLAY
17.66.300 Wetland Overlay
This section establishes the Wetland Overlay to protect and restore locally
significant wetlands and their ecological functions.
17.66.310 Purpose
The Wetland Overlay implements the wetland protection provisions of the
Environmental Overlay (Land Use Element, Section 9.3) and the Environmental
Element. This section is based on the “safe harbor” approach as defined in
Oregon Administrative Rules 660-023-0090(8). Specifically, this section is
intended to:
A. Protect locally significant wetlands and their ecological functions;
B. Satisfy the requirements of Statewide Planning Goal 5;
C. Protect wetland habitat for fish, wildlife, and plant species;
D. Preserve wetland hydrologic functions including flood storage, groundwater
recharge, and water quality improvement;
E. Coordinate with Oregon Division of State Lands and federal wetland protection
programs; and
F. Preserve wetlands as community amenities providing educational and passive
recreation opportunities.
17.66.320 Applicability and Boundaries
A. Temporary Application (Until Official Mapping)
Until wetland areas are officially mapped and added to the Land Use Overlay Map,
this section applies to:
1. All wetlands shown on the City’s Local Wetlands Inventory (LWI) as
approved by Oregon Division of State Lands;
2. All areas identified as “Other Possible Wetlands” in the LWI; and
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3. Any wetland identified through a jurisdictional delineation approved by
Oregon Division of State Lands.
B. Following Official Mapping
Once wetland boundaries are officially mapped and adopted as part of the Land
Use Overlay Map (Figure 10.1 of the Land Use Element), this section shall apply
to all areas designated as “Wetland Overlay.”
C. State and Federal Jurisdiction
State and federal wetland regulations continue to apply within the Wetland
Overlay regardless of whether specifically mapped. Nothing in this section
supersedes or nullifies state or federal requirements.
D. Boundary Determination
1. The precise boundary of a wetland shall be established through an on -site
wetland delineation and survey prepared by a qualified professional using
methods approved by Oregon Division of State Lands.
2. Wetland boundaries determined through an approved jurisdictional
delineation shall take precedence over generalized boundaries shown on
the Local Wetlands Inventory or Land Use Overlay Map.
E. Wetland Significance Determination
Wetlands subject to this overlay are those determined to be “locally significant”
in accordance with criteria adopted by Oregon Division of State Lands (OAR 141 -
086-0300 et seq.).
G. Mapping Error and Correction
Applications to correct the wetland overlay must demonstrate a mapping error.
The Planning Director may correct the location of the wetland protection area,
providing written record of the decision, for applications consistent with the
requirements of 17.66.060(B).
17.66.330 Permitted Uses and Activities
The following activities are allowed within the Wetland Overlay without additional
City review beyond any review otherwise required by the base zone, provided
applicable state and federal permits are obtained:
A. Resource Enhancement
Wetland restoration and rehabilitation activities that improve ecological
conditions within a wetland, including but not limited to habitat improvements,
native vegetation planting, bank stabilization, and other modifications to increase
wetland functions
B. Vegetation Management
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1. Removal of nonnative or invasive vegetation, provided it is replaced with
native wetland plant species appropriate to the site’s hydrology;
2. Native plant species shall be installed at similar or greater coverage
density such that natives become dominant.
C. Hazard Tree Removal
Cutting and removal of trees which pose a hazard to life or property due to threat
of falling.
D. Scientific and Educational Activities
Non-invasive scientific research, environmental monitoring, and educational
activities that do not disturb wetland soils or vegetation.
E. Agricultural Operations
Normal farm practices, other than structures, roads, or other facilities that involve
placement of fill material, excavation, or drainage measures, that were in place at
adoption of this chapter on Exclusive Farm Use lands.
F. Maintenance Activities
Routine maintenance of existing drainage facilities, utilities, and irrigation pumps
that do not disturb additional wetland surface area beyond the existing footprint.
G. Pre-Existing Development
Any use, sign, or structure, and the maintenance thereof, lawfully existing on the
date of adoption of this chapter, is permitted within the Wetland Overlay. Such
use, sign, or structure may continue at a similar level and manner as existed on
the date of adoption. The maintenance and alteration of pre -existing ornamental
landscaping is permitted as long as no additional wetland area is disturbed. The
provisions of this section shall not be affected by any change in ownership of
properties containing a wetland.
H. Emergency Activities
Emergency repairs or activities authorized by the City, subject to the standards in
Section 17.66.360.A.
I. Street and Driveway Maintenance
Maintenance, paving, and reconstruction of existing public and private streets,
driveways, and pathways, subject to the standards in Section 17.66.360.B.
J. Fences
New fencing, subject to the standards in Section 17.66.350.C.
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17.66.340 Prohibited Activities
Except as expressly provided below, the following activities are prohibited within
the Wetland Overlay unless specifically authorized as a permitted use in Section
17.66.330, or pursuant to an approved wetland delineation showing the activity
would occur outside wetland boundaries:
A. Placement of fill material;
B. Excavation, grading, or dredging;
C. Removal of native wetland vegetation (except invasive species removal with
native replacement);
D. Construction of new structures or improvements;
E. Expansion of existing structures;
F. Installation of utilities (except as approved through conditional use permit);
G. Storage of materials, equipment, or vehicles;
H. Dumping or disposal of any materials;
I. Activities that alter wetland hydrology, including but not limited to:
1. Draining or dewatering;
2. Diversion of water sources;
3. Installation of drainage tiles or ditches;
4. Modification of surface or groundwater flow patterns;
J. Grading or land-disturbing activities; and
K. Application of pesticides, herbicides, or fertilizers (except as specifically
approved for invasive species control with appropriate permits).
17.66.350 Development Standards
The following development standards apply to activities within the Wetland
Overlay:
A. Emergency Activities
Emergency repairs or activities authorized by the City may be undertaken without
full compliance with this chapter when it is necessary to:
1. Prevent an imminent threat to public health or safety; or
2. Prevent imminent danger to public or private property; or
3. Prevent an imminent threat of serious environmental degradation.
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Emergency authorization does not waive the requirement to obtain applicable
state and federal permits. Full compliance with this chapter is required for
permanent repairs or improvements following resolution of the emergency.
B. Setbacks from Wetland Boundaries
1. Where feasible, all structures, improvements, and land-disturbing activities
should be set back from wetland boundaries to provide a transition area
and additional protection for wetland functions.
2. Minimum setbacks may be established as conditions of approval for
conditional use permits based on site-specific conditions and the
sensitivity of wetland resources.
C. Erosion and Sediment Control
All activities adjacent to wetlands shall employ best management practices for
erosion and sediment control to prevent degradation of wetland water quality,
including:
1. Installation of erosion control measures prior to ground disturbance;
2. Stabilization of disturbed areas;
3. Protection of wetlands from construction equipment and staging areas;
and
4. Regular inspection and maintenance of erosion control measures.
D. Street and Driveway Standards
Maintenance, paving, and reconstruction of existing public and private streets,
driveways, and pathways is permitted within the Wetland Overlay if:
1. Work disturbs no more total surface area than the area inside the street
right-of-way or access easement; and
2. Public streets are located within public right -of-way or public easement.
E. Fence Standards
1. Fencing on New Lots. Fencing is prohibited in the Wetland Overlay on lots
created after adoption of this chapter, except:
a. Temporary construction fencing during approved development or
restoration activities;
b. Wildlife-compatible fencing approved as part of an approved wetland
restoration or mitigation plan; or
c. Fencing required by state or federal safety regulations (e.g. pool
barrier requirements where pools are otherwise legally permitted).
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2. Fencing on Existing Lots. New fencing may be allowed within the Wetland
Overlay where the applicant demonstrates all of the following criteria are
met:
a. The fencing does not affect the hydrology of the site;
b. The fencing does not present an obstruction that would increase
flood velocity or intensity;
c. Fish habitat is not adversely affected by the fencing; and
d. The fencing is the minimum necessary to achieve the applicant’s
purpose.
3. Application Requirements. Applications for new fencing within the Wetland
Overlay shall include a scaled drawing that clearly depicts the wetland
overlay boundary.
17.66.360 Delineation Requirements
A. When Required
A wetland delineation and jurisdictional determination approved by Oregon
Division of State Lands is required for:
1. Any development application where wetlands may be present on the site or
within 25 feet of proposed development;
2. Determination of wetland boundaries for purposes of applying the
standards of this chapter.
B. Delineation Standards
Wetland delineations shall be:
1. Prepared by a qualified professional with demonstrated experience in
wetland identification and delineation;
2. Conducted using methodology approved by Oregon Division of State
Lands;
3. Submitted to Oregon Division of State Lands for review and approval;
4. Based on field investigations conducted during the appropriate season for
wetland identification;
5. Accompanied by:
a. Data forms documenting wetland determinations;
b. Photographs of the site;
c. Maps showing wetland boundaries and data point locations;
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d. Description of wetland types and functions.
C. Delineation Validity
1. Approved wetland delineations are valid for five (5) years from the date of
Oregon Division of State Lands approval, unless site conditions change
substantially.
2. The Planning Director may require an updated delineation if:
a. The approved delineation is more than five years old;
b. Site conditions have changed significantly;
c. New information indicates the approved delineation may be
inaccurate.
17.66.370 Mitigation Requirements
A. Mitigation Hierarchy
Where impacts to wetlands are proposed and cannot be avoided, mitigation shall
follow this sequence:
1. First, avoid the impact altogether;
2. Second, minimize impacts by limiting the degree or magnitude of the
action;
3. Third, rectify the impact by repairing, rehabilitating, or restoring the
affected environment;
4. Fourth, reduce or eliminate the impact over time through preservation and
maintenance; and
5. Finally, compensate for the impact by replacing or providing substitute
wetland resources.
B. Compensatory Mitigation Standards
Where compensatory mitigation is required, it shall:
1. Location:
a. Occur on-site unless the applicant demonstrates on -site mitigation is
not practicable;
b. Off-site mitigation shall be located within the same watershed where
feasible;
c. Off-site mitigation shall be secured through conservation easement
or other permanent protection mechanism.
2. Type:
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a. Be in-kind (replace wetland type impacted with same wetland type)
unless the applicant demonstrates in-kind mitigation is not
practicable;
b. Out-of-kind mitigation may be approved if it provides greater overall
wetland functions and values.
3. Ratio:
a. Achieve no net loss of wetland area and functions;
b. Minimum mitigation ratios:
i. Restoration of degraded wetlands: minimum 1.5:1 (area of
mitigation to area of impact);
ii. Creation of new wetlands: minimum 2:1;
iii. Enhancement of existing wetlands: minimum 3:1.
4. Timing:
a. Be completed prior to or concurrent with impacts unless phased
implementation is specifically approved;
b. Construction of mitigation wetlands shall precede or be concurrent
with impacts to existing wetlands.
5. Success Criteria:
Include clear, measurable success criteria based on wetland type and
functions being replaced.
C. Mitigation Plan Requirements
Wetland mitigation plans shall include:
1. Baseline Assessment:
a. Approved jurisdictional delineation;
b. Functional assessment of existing wetlands;
c. Description of wetland types, vegetation, and wildlife use;
2. Impact Analysis:
a. Quantification of wetland area and functions to be impacted;
b. Analysis of direct and indirect impacts;
3. Mitigation Design:
a. Location and boundaries of mitigation wetlands;
b. Grading and hydrologic plans;
c. Planting plan with native wetland species;
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d. Soils plan if amendments needed;
4. Success Criteria:
a. Measurable performance standards for hydrology, vegetation, and
functions;
b. Target wetland type and quality to be achieved;
5. Monitoring Plan:
a. Monitoring methods, parameters, frequency, and duration (minimum
5 years for created/restored wetlands);
b. Annual reporting requirements;
6. Maintenance Plan:
a. Vegetation establishment and maintenance procedures;
b. Invasive species control;
c. Hydrology maintenance;
7. Adaptive Management:
a. Contingency measures if success criteria are not met;
b. Corrective action procedures;
8. Long-term Protection:
a. Conservation easements or deed restrictions;
b. Long-term stewardship plan and funding.
D. Coordination with State and Federal Agencies
Wetland mitigation plans shall be coordinated with Oregon Division of State Lands
and the U.S. Army Corps of Engineers as applicable.
Section 2. Chapter 16.10.050, Approval Criteria is hereby amended in part as follows:
***
L. The proposed tentative plan is consistent with any applicable local, state and/or federal
public health or environmental requirements, including but not limited to:
a. Flood damage prevention in CPMC 8.24;
b. Riparian Corridor protection or mitigation pursuant to CPMC 17.60.090(E);
c. Wetland Protection or mitigation pursuant requirements administered by the
Department of State Lands;
b. Stream Corridor and Wetland Overlay lot layout. Individual lots shall not be
created within the Stream Corridor Overlay or Wetland Overlay as designated
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on the Land Use Overlay Map (Comprehensive Plan Figure 10.1). Stream
corridors and wetlands shall be:
i. Placed in separate common area tracts owned and maintained by a
homeowners association with recorded CC&Rs requiring
preservation in natural condition and prohibiting structures, fencing,
and landscape alterations; or
ii. Protected through conservation easements held by a qualified land
trust or other conservation organization; or
iii. Where site configuration makes options (i) or (ii) infeasible, lots may
include portions of Stream Corridor Overlay or Wetland Overlay only
if a perpetual restrictive covenant is recorded over the overlay
portion prohibiting all development, structures, fencing, grading,
and landscape alterations.
d.c. Shallow well mitigation per CPMC 17.65.025(B); and,
e.d. Soil remediation and other site contamination pursuant to requirements
administered by the Department of Environmental Quality Voluntary or Independent
Clean-up or other programs.
***
Section 3 . Chapter 17.60.090.E Special setback requirements is repealed in its
entirety.
Section 4 . Chapter 17.05.100 , Table 17.05.1 is hereby amended in part as follows:
***
TABLE 17.05.1
LAND DEVELOPMENT
PERMIT*
PROCEDURAL
TYPE
APPLICABLE
REGULATIONS
APPROVING
AUTHORITY
120-DAY
RULE
Annexation
Legislative Type IV Chapter 17.94 City Council No
Code Interpretations Type II 17.11 Director No
Comprehensive Plan & UGB
Amendments
Major Type IV Chapter 17.96 City Council No
Minor Type III Chapter 17.96 City Council No
Conditional Use Permit Type III Chapter 17.76 Planning Commission Yes
Conversion Plan Type II Chapter 16.32 Director Yes
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TABLE 17.05.1
LAND DEVELOPMENT
PERMIT*
PROCEDURAL
TYPE
APPLICABLE
REGULATIONS
APPROVING
AUTHORITY
120-DAY
RULE
Extensions
Type I Procedures Type I Section 17.05.200(G) Director Yes
Type II Procedures Type II Section 17.05.300(G) Director Yes
Floodplain Development
Permit
Type I Floodplain Manager
Type II Chapter 8.24 Director Yes
Type III Planning Commission
Map Error
Stream Corridor Overlay
Wetland Overlay
Type I
Section 17.66.060(A)
Section 17.66.060(B)
Director Yes
Home Occupation Permit Type I Section 17.60.190 Director Yes
Land Division/Replat
Tentative Plan, Partition Type II Chapter 16.36 Director Yes
Tentative Plan,
Subdivision
Type III Chapter 16.10 Planning Commission Yes
Final Plat Type I Chapter 16.12 Director No
Replat *** Chapter 16.40 *** Yes
Mobile Food Business
Mobile Food Vendor Type I Section 5.44.030
Chapter 17.72
Director Yes
Mobile Food Pod Type II Section 5.44.040
Chapter 17.72
Director Yes
Mobile Food Court
Type III Section 5.44.050
Chapter 17.76
Chapter 17.72
Planning Commission Yes
Specialty Food Vendor Type I Section 5.44.060 Director No
Modification of Approval
Major Type III Section 17.09.300 Planning Commission Yes
Minor Type II Section 17.09.400 Director Yes
Planned Unit Development Type III Chapter 17.68 Planning Commission Yes
Property Line
Adjustment/Consolidation
Type I Chapter 16.44 Director Yes
Right-of-Way Vacation Type IV Chapter 12.28 City Council No
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TABLE 17.05.1
LAND DEVELOPMENT
PERMIT*
PROCEDURAL
TYPE
APPLICABLE
REGULATIONS
APPROVING
AUTHORITY
120-DAY
RULE
Site Plan and Architectural
Review
Minor Type I Chapter 17.72 Director Yes
Major Type II Chapter 17.72 Director Yes
TOD Overlay Master Plan Type III Chapter 17.66 Planning Commission Yes
Tree Removal Type II Chapter 12.36 Director Yes
Variances and Adjustments
General Adjustment Type II Section 17.13.200(A) Planning Director Yes
Housing Adjustment Type II**** Section 17.13.200(B) Planning Director Yes
Variance Type III Section 17.13.300 Planning Commission Yes
Zoning Map and Zoning and
Land Division Code Text
Amendments
Minor Type III Chapter 17.10 City Council Yes
Major Type IV Chapter 17.10 City Council No
***
Section 5 . Chapter 8.24.090, Requirements for floodplain permit is hereby
amended in part as follows:
A. A floodplain development permit shall be required prior to initiating development
activities in any special flood hazard areas as established in Section 8.24.070. The
permit shall be for all improvements or structures (including manufactured homes and
fences, as set forth in Sections 8.24.050, 8.24.250 and 8.24.260), and for all
development including fill and other activities, also set forth in Section 8.24.260.
Floodplain development permits shall be subject to the review procedures based on the
type of development activity proposed, as set forth below:
1. Section 17.05.200, Type I procedure (administrative), applies to the following
floodplain development projects:
a. Site improvements and construction, including but not limited to new
construction, additions, remodels, repairs and renovations located outside a
regulatory floodway;
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b. Development activities located outside the special stream setback area
established in Section 17.60.090 17.66.220;
c. Development activities that do not require a conditional letter of map
revision (CLOMR) or letter of map revision pursuant to Section 8.24.170(A)
and (B);
d. Water dependent uses, such as bridges, culverts or other capital
improvements identified in the city’s capital improvement program that do not
cause any rise in the base flood elevation per Section 8.24.200(A);
e. Bridge or culvert replacement projects deemed necessary by the floodplain
administrator or designee to address immediate concerns for life, safety,
health and/or the general welfare of the community; provided, that the
following conditions are met:
i. The applicant is responsible for providing evidence necessary to
support determination of public emergency;
ii. The bridge or culvert replacement is located along a similar or parallel
alignment and contributes no additional material to the floodway;
iii. The bridge or culvert replacement project is consistent with any
applicable hazard mitigation project actions identified in the Central Point
Hazard Mitigation Plan; and
iv. The applicant provides certification of floodplain impacts and
encroachment analysis for any permanent bridge or culvert placement at
the time of application and includes:
(A) Impacts to the BFE;
(B) Impacts to the base floodplain boundaries; and
(C) Identification of any insurable structures within the base
floodplain.
2. Section 17.05.300, Type II procedure (administrative), applies to the following
floodplain development applications:
a. Development projects located within the special stream setback area
established in Section 17.60.090 17.66.220;
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b. Stream bank stabilization projects that utilize vegetative planting techniques
and contribute no other fill or material other than vegetation to the stream
channel, stream bank or surrounding area;
c. Proposals for minor partitions defined in Section 16.08.010(14)
***
Section 6 . 8.24.230 Stream setback requirements is hereby amended in part as
follows:
Stream setbacks mitigate future flood losses by providing flood storage, enhancing
channel stability, and buffering structures and other development from migrating stream
channels. In addition, the stream setback establishes riparian buffer areas that provide
opportunities for natural stormwater treatment, increased habitat for fish and wildlife
species and increased opportunities for recreation and wildlife viewing. The stream
setback shall apply to all streams in all Central Point zoning districts; provided, that the
setback does not apply to the Jackson Creek Overbank regulatory floodway delineated
on the effective FIRM, in accordance with the provisions provided in Section 17.60.090
17.66.220.
Section 7 . 8.24.260 Other development is hereby amended in part as follows:
A. Fences and Walls. Fencing within the floodplain occurs frequently and can
significantly increase flood elevation. This is due to the fences collecting debris and
effectively creating a dam. Limited fencing will be allowed within the floodplain;
provided, that it does not create flow restrictions and allows for the free flow of water.
The following provisions shall apply to all fences permitted in the SFHA:
1. Fences are prohibited within the stream setback area on lots platted after the
effective date of the ordinance codified in this chapter. Fences may be permitted in
the stream setback area established pursuant to Section 17.60.090 17.66.220 on
lots platted prior to the effective date of the ordinance codified in this chapter;
provided, that requirements provided below are satisfied:
a. Fences in the regulatory floodway are prohibited;
b. Fences are set back a minimum of five feet from the top-of-bank;
c. Gates that are installed between properties that border a creek shall be of a
width no less than twelve feet;
d. Fencing must be built in removable sections;
e. Fencing that consists of solid walls, creates a barrier impervious to stream
flow or fencing that greatly restricts the flow of water is prohibited;
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f. Gates installed between properties that border a creek shall have a
minimum width of twelve feet;
g. Such fences, if significantly damaged or destroyed by a flood, shall require
a floodplain development permit pursuant to Section 8.24.130 and subsection
(A)(2) of this section to ensure that reconstruction methods are consistent with
the need to minimize future flood damages.
2. Fences are a form of development and require a floodplain development permit
pursuant to Section 8.24.090. Evaluation of floodplain development permit
applications for proposed fences will be based on the following criteria:
a. Barbed wire fencing or other like material which creates an unreasonable or
unnecessary risk of injury are prohibited.
b. Fences shall not be allowed within the special stream setback set forth in
Sections 8.24.230 and 17.60.090 17.66.220 unless the requirements provided
in subsection (A)(1) of this section are satisfied.
c. Fencing shall be limited to the types that do not greatly restrict the passage
of water or cause the accumulation of debris, as provided in the table below
***
Section 8 . Codification. Provisions of this Ordinance shall be incorporated in the City
Code and the word "ordinance" may be changed to "code", "article", "section",
"chapter" or another word, and the sections of this Ordinance may be renumbered, or
re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e.
Recitals A-H) need not be codified and the City Recorder is authorized to correct any
cross-references and any typographical errors.
Section 9 . Effective Date. The Central Point City Charter states that an ordinance
enacted by the Council shall take effect on the thirtieth day after its enactment. The
effective date of this ordinance will be the thirtieth day after the second reading.
PASSED by the Council and signed by me in authentication of its passage this 9th
day of April 2026.
________________________________
Mayor Taneea W. Browning
ATTEST:
__________________________________
City Recorder
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