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ORDINANCE NO. 20194 <br /> AN ORDINANCE CONCERNING OPEN WATERWAYS, AND <br /> ADDING SECTIONS 6.650, 6.655, 6.660, 6.665, AND 6.670 TO <br /> THE EUGENE CODE, 1971. <br /> THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: <br /> Section 1. The following caption and Sections 6.650, 6.655, 6.660, 6.665, and 6.670 are <br /> hereby added to the Eugene Code, 1971, to provide: <br /> OPEN WATERWAYS <br /> 6.650 Open Waterways - Purpose. It is the intent of sections 6.650 to 6.670 to establish <br /> interim protection for constructed and natural open waterways that provide multiple <br /> stormwater benefits to the entire community. The protection established in these sections shall <br /> remain in effect until the city completes its Goal 5 process for wildlife habitat values and <br /> incorporates the results, along with the stormwater conveyance and water quality treatment <br /> functions, into a comprehensive set of open waterway protection measures. Open waterways provide <br /> such benefits as storm drainage and flood control, filtration and treatment of stormwater pollutants, <br /> and habitat for aquatic and other wildlife species. <br /> 6.655 Open Waterways - Prohibition. <br /> (1) As used in sections 6.650 to 6.670, "open waterways" shall mean a natural or <br /> human -made swale, creek, stream, open channel, ditch or other similar water feature, that has a <br /> defined and identifiable channel with slopes, that is predominantly of earthen material, and that has <br /> the specific function of conveying and/or storing stormwater runoff. Notwithstanding anything in <br /> the previous sentence to the contrary, Amazon channel, including the concrete -lined portions, shall <br /> be considered an open waterway. <br /> (2) Except as provided in section 6.660, open waterways shall remain open for <br /> the purposes of conveying and/or filtering stormwater runoff. No foreign materials, including earth, <br /> lumber, concrete, asphalt, aggregates, pipes, plastic, yard debris or any other similar material, shall <br /> be placed in or over the channel of an open waterway. Except for construction exempt under section <br /> 6.660, no construction shall take place in or over the channel. <br /> (3) The prohibitions in subsection 6.655(2) apply to the channel area of all open <br /> waterways as measured from top -of -bank to top -of -bank. The top -of -bank is the highest point at <br /> which the bank meets the grade of the surrounding topography, characterized by an abrupt or <br /> noticeable change from a steeper grade to a less steep grade, and/or where natural conditions prevail, <br /> by a noticeable change from topography primarily shaped by the presence and/or movement of the <br /> Ordinance - 1 <br />