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1 <br /> Attachment C <br /> Draft Ordinance Outline: <br /> WATER QUALITY PROTECTED WATERWAYS OVERLAY ZONE <br /> Section 1: Purpose.. The purpose of the NUQ Water Quality Protected Waterways Overlay <br /> Zone is to maintain and improve water quality within local waterways in a manner <br /> that complies with federal water quality requirements by protecting waterways that <br /> are water quality impaired, that drain directly to a water quality impaired waterway, or <br /> are particularly sensitive to adverse impact from development and drain to a water <br /> ~ quality impaired waterway. <br /> I <br /> Section 2: Definitions <br /> Section 3: WQ Water Quality Protected Waterways Overlay Zone. Create a water quality <br /> protected waterways overlay zone. <br /> j Section 4: Relationship to Other Zones. Specify that this overlay zone shall control over <br /> other zoning provisions on all property to which the Overlay Zone has been applied. <br /> <br /> i <br /> Section 5: Criteria for Water Quality Protected Waterways Designation: <br /> (1) Properties that initially are subject to the overlay are identified on the map and <br /> by individual tax lot numbers to which the Water Quality Protected Waterways <br /> Overlay Zone has been applied. <br /> (2) Properties may be added (i.e., have the overlay zone applied to them through a <br /> rezoning process) if the properties meet the criteria contained in subsection (4). <br /> . (3) .Properties with the overlay zone may have the overlay zone removed through <br /> a rezoning process if the property owner can demonstrate that at the time of <br /> adoption of this ordinance, that the criteria contained in subsection (4) were not <br /> met. <br /> (4) Except as provided in Subsections (X) and (X), the water quality overlay zone <br /> shall be applied to a waterway if the waterway provides a water quality function <br /> (water quality function occurs where physical features of the streambed and <br /> side-slopes contain earthen-soil material and vegetation) and is: <br /> (a) a waterway on the State of Oregon's 303(d) list of water quality limited <br /> waterways; or <br /> (b) a tributary that directly drains into a 303(d) listed waterway, where "directly <br /> drains" means stormwater that flows directly from an upstream open waterway <br /> into a downstream open waterway without separation by a pipe or culvert <br /> except for infrastructure crossings such as streets, railroads, or other similar <br /> facilities; or <br /> (c) is a headwater stream..... i.e., those that are: <br /> (i) identified on the City's Sensitive Areas Map as having all or a portion <br /> of its length located on slopes >10%, and <br /> (ii) identified on the City's Sensitive Areas Map as having all or a portion <br /> of its length located in areas with highly erodible soils, and <br /> (iii) stream length is 500 feet or greater, and <br /> (iv) stream drainage area is 10 acres or greater. <br /> Ordinance - 1 March 28, 2006 <br /> <br />