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(5) Exemptions. Roadside ditches (constructed drainage channels that abut the <br /> shoulder of the road surface or travel lane for the primary purpose of collecting <br /> and conveying road runoff, and intercepting sheet flow and debris from abutting <br /> cut banks and slopes), and waterways shorter than 500 feet in length are <br /> exempt from designation as a protected water quality waterway. <br /> (6) Exceptions. Activities that are explicitly authorized by a city land use approval <br /> issued prior to (effective date of this ordinance] or that are necessary to carry <br /> out uses or development explicitly authorized by such an approval are exempt <br /> from the restrictions of the provisions of subsections (2), (3) and (4) of this <br /> section if the authorization is part of one of the following: <br /> (a) A site review plan; <br /> (b) A conditional use permit; <br /> (c) A tentative subdivision or tentative cluster subdivision submitted and <br /> approved after August 1, 2001; <br /> (d) A greenway permit; or <br /> (e) A planned unit development. <br /> <br /> I' Section 6: Permitted and Prohibited Uses and Exceptions. Standards for protection would <br /> likely focus on "Maintaining and Improving Water Quality Functions, and could include: <br /> a) Maintaining earthen-soil material and associated vegetation of streambeds, side <br /> slopes,. and adjoining setback areas by requiring a protective setback area for the <br /> streambed, stream side-slopes, and adjacent buffer area in the following dimensions: <br /> For lower order streams, located higher in the drainage system (see map for <br /> designation) - 75 feet measured from stream centerline <br /> For higher order streams, located lower in the drainage system (see map for <br /> designation) - 75 feet measured from top-of-bank. <br /> b) Standards within the protective area: <br /> Prohibit dumping into or piping/filling/encroaching the stream channel, except as <br /> authorized for street and infrastructure crossing and to respond to emergency, <br /> life threatening circumstances, and <br /> Prohibit construction of buildings, sidewalks, roads, and other similar impervious <br /> surfaces, except as otherwise permitted for maintenance access, recreation, <br /> stormwater BMPS, and <br /> Vegetation management provisions for along the streambed, side-slopes, and <br /> adjacent setback areas <br /> Section 7: Adjustments. Adjustments to the provisions of Section _ may be made subject to <br /> compliance with the criteria for adjustment in EC 9.8030(X). <br /> Ordinance - 2 March 28, 2006 <br /> _ <br /> <br />