New Search
(a) Viable economic use or use of more than 33 percent of the property is not <br />possible due to the presence of the waterway. <br />(b) The use of the property would have been permitted within the property's <br />zoning district. <br />(c) The proposal is for the minimal impact to the waterway that would allow for <br />viable economic use of the property. <br />(d) If relocation or realignment is feasible, the applicant must meet the criteria for <br />exemption in R-6.650-H. <br />(e) An acceptable plan that meets the criteria of R-6.650-E-2(b) shows how the <br />property owner will mitigate for the loss of open waterway hydrological, ecological, and <br />water quality treatment functions. <br />3. Decision. The City Manager shall review the application and issue a decision thereon <br />in the manner provided in R-6.650-I. <br />R 6.650-H Qpen Waterways - Relocation/Realignment (EC 6 660 4)1. <br />,- 1. Application. The owner of the property or permittee requesting approval of an <br />'. exemption under EC Section 6.660(4) concerning relocation or realignment of an open waterway <br />shall submit an application to the City Manager on a form prescribed by the City Manager for <br />approval of the exemption. The application shall identify the exemption, describe the proposed <br />improvements, include a narrative addressing criteria for avoiding relocation of certain open <br />waterways such as headwater streams, and include one site plan that shows existing stream locations <br />with hydrological, ecological and water quality treatment functions, and one site plan that shows the <br />proposed relocation/realignment of the stream, depicting hillside topography. The application shall <br />be accompanied by an application fee and any other required fees in the amounts established by the <br />City Manager pursuant to Section 2.020 of the Eugene Code, 1971, and shall be signed by the <br />property owner, or the.owner's authorized agent. <br />2. Criteria for Approval. The City Manager shall approve, approve with conditions, <br />or deny an application that has been determined to be complete based on compliance with the <br />following criteria: <br />(a) An acceptable plan must demonstrate that equal or better hydrological, <br />ecological, and water quality treatment functions within the waterway will be provided in the <br />new location or alignment. <br />(b) The proposal does not impact a headwater tributary located south of 180i <br />Administrative Order - 6 r:~t~~ooW..,~a~o6iosioo> <br />