Appendix A

Urban Growth Management Functional Plan

Title 3: Water Quality, Flood Management, and Fish and Wildlife Conservation

Willamette River Title 3 Water Quality Compliance Project

CHAPTER 3.07

URBAN GROWTH MANAGEMENT FUNCTIONAL PLAN

REGIONAL FUNCTIONAL PLAN REQUIREMENTS

TITLE 3:  WATER QUALITY, FLOOD MANAGEMENT AND FISH AND WILDLIFE CONSERVATION

3.07.310  Intent

To protect the beneficial water uses and functions and values of resources within the Water Quality and Flood Management Areas by limiting or mitigating the impact on these areas from development activities, protecting life and property from dangers associated with flooding and working toward a regional coordination program of protection for Fish and Wildlife Habitat Areas.

(Ordinance No. 97-715B, Sec. 1. Replaced by Ordinance No. 98-730C, Sec. 1.)

3.07.320  Applicability

A.  This Title applies to:

1.  Development in Water Quality Resource and Flood Management Areas.

2.  Development which may cause temporary or permanent erosion on any property within the Metro Boundary.

3.  Development in Fish and Wildlife Habitat Conservation Areas when Metro’s section 3.07.350 analysis and mapping are completed.

B.  This title does not apply to work necessary to protect, repair, maintain, or replace existing structures, utility facilities, roadways, driveways, accessory uses and exterior improvements in response to emergencies provided that after the emergency has passed, adverse impacts are mitigated in accordance with the performance standards in section 3.07.340.

(Ordinance No. 97-715B, Sec. 1. Replaced by Ordinance No. 98-730C, Sec. 1.)

3.07.330  Implementation Alternatives for Cities and Counties

A.  Cities and counties shall comply with this title in one of the following ways:

1.  Amend their comprehensive plans and implementing ordinances to adopt all or part of the Title 3 Model Ordinance or code language that substantially complies with the performance standards in section 3.07.340 and the intent of this title, and adopt either the Metro Water Quality and Flood Management Area Map or a map which substantially complies with the Metro map. Cities and counties may choose one of the following options for applying this section:

a.  Adopt code language implementing this title which prevails over the map and uses the map as reference; or

b.  Adopt a city or county field verified map of Water Quality and Flood Management Areas based on the Metro Water Quality and Flood Management map, updated according to section 3.07.370, implementing this title which prevails over adopted code language.

Field verification is a process of identifying or delineating Protected Water Features, Water Quality Resource Areas and Flood Management Areas shown on the Metro Water Quality and Flood Management Areas map. This process includes examination of information such as site visit reports, wetlands inventory maps, aerial photographs, and public input and review. The field verification process shall result in a locally adopted Water Quality and Flood Management Areas map which:

i.  Applies the Title 10 definitions of Protected Water Feature, Water Quality Resource Areas and Flood Management Areas to all those protected areas on the Metro Water Quality and Flood Management Areas map to show the specific boundaries of those protected areas on the locally adopted Water Quality and Flood Management Areas map; and

ii.  Is subject to amendment by applying adopted code language to add Protected Water Features, Water Quality Resource Areas and Flood Management Areas and to correct errors in the local Water Quality and Flood Management Areas map as required by section 3.07.370 and consistent with section 3.07.330(D).

2.  Demonstrate that existing city and county comprehensive plans and implementing ordinances substantially comply with the performance standards in section 3.07.340 and the intent of this title.

3.  Any combination of (1) and (2) above that substantially complies with all performance standards in section 3.07.340.

B.  Cities and counties shall hold at least one public hearing prior to adopting comprehensive plan amendments, ordinances and maps implementing the performance standards in section 3.07.340 of this title or demonstrating that existing city or county comprehensive plans and implementing ordinances substantially comply with section 3.07.340, to add Protected Water Features, and wetlands which meet the criteria in section 3.07.340(E)(3), to their Water Quality and Flood Management Area map. The proposed comprehensive plan amendments, implementing ordinances and maps shall be available for public review at least 45 days prior to the public hearing.

C.  Cities and counties shall conduct a review of their Water Quality and Flood Management Areas map concurrent with local periodic review required by ORS 197.633 (1997).

D.  Some areas which would otherwise be mapped as Protected Water Features, Water Quality Resource Areas and Flood Management Areas do not appear on the Metro Water Quality and Flood Management Areas map because streams had been culverted, wetlands had been filled or a fill permit had been approved, or the area was demonstrated to have existing conflicting water dependent uses, or existing plans or agreements for such uses, or the area was developed or committed to other uses.

Notwithstanding any other provision of this title, cities and counties are not required to establish Protected Water Features, Water Quality Resource Areas and Flood Management Areas through adopted code provisions or mapping for areas which were examined but not included on the Water Quality and Flood Management Areas map adopted by the Metro Council.

(Ordinance No. 97-715B, Sec. 1. Replaced by Ordinance No. 98-730C, Sec. 1.)

3.07.340  Performance Standards

A.  Flood Management Performance Standards.

B.  Water Quality Performance Standards.

1.  The purpose of these standards is to: (1) protect and improve water quality to support the designated beneficial water uses as defined in Title 10, and (2) protect the functions and values of the Water Quality Resource Area which include, but are not limited to:

a.  Providing a vegetated corridor to separate Protected Water Features from development;

b.  Maintaining or reducing stream temperatures;

c.  Maintaining natural stream corridors;

d.  Minimizing erosion, nutrient and pollutant loading into water;

e.  Filtering, infiltration and natural water purification;

f.  Stabilizing slopes to prevent landslides contributing to sedimentation of water features.

2.  Local codes shall require all development in Water Quality Resource Areas to conform to the following performance standards:

a.  The Water Quality Resource Area is the vegetated corridor and the Protected Water Feature. The width of the vegetated corridor is specified in Table 3.07-3. At least three slope measurements along the water feature, at no more than 100-foot increments, shall be made for each property for which development is proposed. Depending on the width of the property, the width of the vegetated corridor will vary.

b.  Water Quality Resource Areas shall be protected, maintained, enhanced or restored as specified in section 3.07.340(B)(2).

c.  Prohibit development that will have a significant negative impact on the functions and values of the Water Quality Resource Area, which cannot be mitigated in accordance with subsection 2(f).

d.  Vegetative cover native to the Portland metropolitan region shall be maintained, enhanced or restored, if disturbed, in the Water Quality Resource Area. Invasive non-native vegetation may be removed from the Water Quality Resource Area and replaced with native cover. Only native vegetation shall be used to enhance or restore the Water Quality Resource Area. This shall not preclude construction of energy dissipaters at outfalls consistent with watershed enhancement, and as approved by local surface water management agencies.

e.  Uncontained areas of hazardous materials as defined by DEQ in the Water Quality Resource Area shall be prohibited.

f.  Cities and counties may allow development in Water Quality Resource Areas provided that the governing body, or its designate, implement procedures which:

i.  Demonstrate that no practicable alternatives to the requested development exist which will not disturb the Water Quality Resource Area; and

ii.  If there is no practicable alternative, limit the development to reduce the impact associated with the proposed use; and

iii.  Where the development occurs, require mitigation to ensure that the functions and values of the Water Quality Resource Area are restored.

g.  Cities and counties may allow development for repair, replacement or improvement of utility facilities so long as the Water Quality Resource Area is restored consistent with section 3.07.340(B)(2)(d).

h.  The performance standards of section 3.07.340(B)(2) do not apply to routine repair and maintenance of existing structures, roadways, driveways, utilities, accessory uses and other development.

3.  For lots or parcels which are fully or predominantly within the Water Quality Resource Area and are demonstrated to be unbuildable by the vegetative corridor regulations, cities and counties shall reduce or remove vegetative corridor regulations to assure the lot or parcel will be buildable while still providing the maximum vegetated corridor practicable. Cities and counties shall encourage landowners to voluntarily protect these areas through various means, such as conservation easements and incentive programs.

C.  Erosion and Sediment Control.

D.  Implementation Tools to protect Water Quality and Flood Management Areas.

1.  Cities and counties shall either adopt land use regulations, which authorize transfer of permitted units and floor area to mitigate the effects of development restrictions in Water Quality and Flood Management Areas, or adopt other measures that mitigate the effects of development restrictions.

2.  Metro encourages local governments to require that approvals of applications for partitions, subdivisions and design review actions be conditioned upon one of the following:

a.  Protection of Water Quality and Flood Management Areas with a conservation easement;

b.  Platting Water Quality and Flood Management Areas as common open space; or

c.  Offer of sale or donation of property to public agencies or private non-profits for preservation where feasible.

3.  Additions, alterations, rehabilitation or replacement of existing structures, roadways, driveways, accessory uses and development in the Water Quality and Flood Management Area may be allowed provided that:

a.  The addition, alteration, rehabilitation or replacement is not inconsistent with applicable city and county regulations, and

b.  The addition, alteration, rehabilitation or replacement does not encroach closer to the Protected Water Feature than the existing structures, roadways, driveways or accessory uses and development, and

c.  The addition, alteration, rehabilitation or replacement satisfies section 3.07.340(C) of this title.

d.  In determining appropriate conditions of approval, the affected city or county shall require the applicant to:

i.  Demonstrate that no reasonably practicable alternative design or method of development exists that would have a lesser impact on the Water Quality Resource Area than the one proposed; and

ii.  If no such reasonably practicable alternative design or method of development exists, the project should be conditioned to limit its disturbance and impact on the Water Quality Resource to the minimum extent necessary to achieve the proposed addition, alteration, restoration, replacement or rehabilitation; and

iii.  Provide mitigation to ensure that impacts to the functions and values of the Water Quality Resource Area will be mitigated or restored to the extent practicable.

4.  Cities and counties may choose not to apply the Water Quality and Flood Management Area performance standards of section 3.07.340 to development necessary for the placement of structures when it does not require a grading or building permit.

5.  Metro encourages cities and counties to provide for restoration and enhancement of degraded Water Quality Resource Areas through conditions of approval when development is proposed, or through incentives or other means.

6.  Cities and counties shall apply the performance standards of this title to Title 3 Wetlands as shown on the Metro Water Quality and Flood Management Areas Map and locally adopted Water Quality and Flood Management Areas maps. Cities and counties may also apply the performance standards of this title to other wetlands.

E.  Map Administration.

Cities and counties shall amend their comprehensive plans and implementing ordinances to provide a process for each of the following:

1.  Amendments to city and county adopted Water Quality and Flood Management Area maps to correct the location of Protected Water Features, Water Quality Resource Areas and Flood Management Areas. Amendments shall be initiated within 90 days of the date the city or county receives information establishing a possible map error.

2.  Modification of the Water Quality Resource Area upon demonstration that the modification will offer the same or better protection of water quality, the Water Quality and Flood Management Area and Protected Water Feature.

3.  Amendments to city and county adopted Water Quality and Flood Management Area maps to add Title 3 wetlands when the city or county receives significant evidence that a wetland meets any one of the following criteria:

a.  The wetland is fed by surface flows, sheet flows or precipitation, and has evidence of flooding during the growing season, and has 60 percent or greater vegetated cover, and is over one-half acre in size;

a.  or the wetland qualifies as having “intact water quality function” under the 1996 Oregon Freshwater Wetland Assessment Methodology; or

b.  The wetland is in the Flood Management Area, and has evidence of flooding during the growing season, and is five acres or more in size, and has a restricted outlet or no outlet;

c.  or the wetland qualifies as having “intact hydrologic control function” under the 1996 Oregon Freshwater Wetland Assessment Methodology; or

d.  The wetland or a portion of the wetland is within a horizontal distance of less than one-fourth mile from a water body which meets the Department of Environmental Quality definition of “water quality limited water body” in OAR Chapter 340, Division 41 (1996).

Examples of significant evidence that a wetland exists that may meet the criteria above are a wetland assessment conducted using the 1996 Oregon Freshwater Wetland Assessment Methodology, or correspondence from the Division of State Lands that a wetland determination or delineation has been submitted or completed for property in the city or county.

4.  Cities and counties are not required to apply the criteria in section 3.07.340(E)(3) to water quality or stormwater detention facilities.

(Ordinance No. 97-715B, Sec. 1. Replaced by Ordinance No. 98-730C, Sec. 1.)

3.07.350  Fish and Wildlife Habitat Conservation Area

3.07.360  Metro Model Ordinance Required

Metro shall adopt a Water Quality and Flood Management Areas Model Ordinance and map. The Model Ordinance shall represent one method of complying with this title. The Model Ordinance shall be advisory, and cities and counties are not required to adopt the Model Ordinance, or any part thereof, to substantially comply with this title. However, cities and counties which adopt the Model Ordinance in its entirety and a Water Quality and Flood Management Areas Map shall be deemed to have substantially complied with the requirements of this title.

Sections 3.07.310-.340 of this title shall not become effective until 18 months after the Metro Council has adopted the Model Ordinance and Water Quality and Flood Management Areas Map. Section 3.07.350 of this title shall be implemented by adoption of new functional plan provisions. The Metro Council may adopt a Fish and Wildlife Habitat Conservation Areas Model Ordinance and Map for protection of regionally significant fish and wildlife habitat.

(Ordinance No. 97-715B, Sec. 1. Amended by Ordinance No. 98-730C, Sec. 2.)

3.07.370  Variances

City and county comprehensive plans and implementing regulations are hereby required to include procedures to consider claims of map error and hardship variances to reduce or remove Fish and Wildlife Habitat Protection for any property demonstrated to be converted to an unbuildable lot by application of Fish and Wildlife Habitat Protection regulations.

(Ordinance No. 97-715B, Sec. 1. Amended by Ordinance No. 98-730C, Sec. 2.)

Table 3.07-3 - Protected Water Features

(Section 3.07.340(B(2)(a))

¹Primary Protected Water Features include: all perennial streams and streams draining greater than 100 acres, Title 3 wetlands, natural lakes and springs

²Secondary Protected Water Features include intermittent streams draining 50-100 acres.

³Where the Protected Water Feature is confined by a ravine or gully, the top of ravine is the break in the > 25% slope (see slope measurement in Appendix).

⁴A maximum reduction of 25 feet may be permitted in the width of vegetated corridor beyond the slope break if a geotechnical report demonstrates that slope is stable. To establish the width of the vegetated corridor, slope should be measured in 25-foot increments away from the water feature until slope is less than 25% (top of ravine).

⁵ Vegetated corridors in excess of 50-feet for primary protected features, or in excess of 15-feet for secondary protected features, apply on steep slopes only in the uphill direction from the protected water feature.

(Ordinance No. 98-730C, Sec. 1.)

TITLE 10:  FUNCTIONAL PLAN DEFINITIONS

3.07.1010  Definitions

For the purpose of this functional plan, the following definitions shall apply:

“Accessibility” means the amount of time required to reach a given location or service by any mode of travel.

“Accessway” means right-of-way or easement designed for public access by bicycles and pedestrians, and may include emergency vehicle passage.

“Alternative modes” means alternative methods of travel to the automobile, including public transportation (light rail, bus and other forms of public transportation), bicycles and walking.

“Balanced cut and fill” means no net increase in fill within the floodplain.

“Bikeway” means separated bike paths, striped bike lanes, or wide outside lanes that accommodate bicycles and motor vehicles.

“Boulevard design” means a design concept that emphasizes pedestrian travel, bicycling and the use of public transportation, and accommodates motor vehicle travel.

“Calculated capacity” means the number of dwelling units and jobs that can be contained in an area based on the calculation required by this functional plan.

“Capacity expansion” means constructed or operational improvements to the regional motor vehicle system that increase the capacity of the system.

“Comprehensive plan” means the all inclusive, generalized, coordinated land use map and policy statement of cities and counties defined in ORS 197.015(5).

“Connectivity” means the degree to which the local and regional street systems in a given area are interconnected.

“DBH” means the diameter of a tree measured at breast height.

“Design flood elevation” means the elevation of the 100-year storm as defined in FEMA Flood Insurance Studies or, in areas without FEMA floodplains, the elevation of the 25-year storm, or the edge of mapped flood prone soils or similar methodologies.

“Design type” means the conceptual areas described in the Metro 2040 Growth Concept text and map in Metro's regional goals and objectives, including central city, regional centers, town centers, station communities, corridors, main streets, inner and outer neighborhoods, industrial areas, and employment areas.

“Designated beneficial water uses” means the same as the term as defined by the Oregon Department of Water Resources, which is: an instream public use of water for the benefit of an appropriator for a purpose consistent with the laws and the economic and general welfare of the people of the state and includes, but is not limited to, domestic, fish life, industrial, irrigation, mining, municipal, pollution abatement, power development, recreation, stockwater and wildlife uses.

“Development” means any man-made change defined as buildings or other structures, mining, dredging, paving, filling, or grading in amounts greater than ten (10) cubic yards on any lot or excavation. In addition, any other activity that results in the removal of more than 10 percent of the vegetation in the Water Quality Resource Area on the lot is defined as development, for the purpose of Title 3 except that more than 10 percent removal of vegetation on a lot must comply with section 3.07.340(C) - Erosion and Sediment Control. Development does not include the following: (1) Stream enhancement or restoration projects approved by cities and counties; (2) Farming practices as defined in ORS 30.930 and farm use as defined in ORS 215.203, except that buildings associated with farm practices and farm uses are subject to the requirements of Title 3; and (3) Construction on lots in subdivisions meeting the criteria of ORS 92.040(2) (1995).

“Development application” means an application for a land use decision, limited land decision including expedited land divisions, but excluding partitions as defined in ORS 92.010(7) and ministerial decisions such as a building permit.

“DLCD Goal 5 ESEE” means a decision process local governments carry out under OAR 660-23-040.

“Emergency” means any man-made or natural event or circumstance causing or threatening loss of life, injury to person or property, and includes, but is not limited to, fire, explosion, flood, severe weather, drought earthquake, volcanic activity, spills or releases of oil or hazardous material, contamination, utility or transportation disruptions, and disease.

“Enhancement” means the process of improving upon the natural functions and/or values of an area or feature which has been degraded by human activity. Enhancement activities may or may not return the site to a pre-disturbance condition, but create/recreate processes and features that occur naturally.

“Fill” means any material such as, but not limited to, sand, gravel, soil, rock or gravel that is placed in a wetland or floodplain for the purposes of development or redevelopment.

“Fish and Wildlife Habitat Conservation Area” means the area defined on the Metro Water Quality and Flood Management Area Map to be completed and attached hereto¹. These include all Water Quality and Flood Management Areas that require regulation in order to protect fish and wildlife habitat. This area has been mapped to generally include the area 200 feet from top of bank of streams in undeveloped areas with less than 25% slope, and 100 feet from edge of mapped wetland on undeveloped land.

“Flood Management Areas” means all lands contained within the 100-year floodplain, flood area and floodway as shown on the Federal Emergency Management Agency Flood Insurance Maps and the area of inundation for the February 1996 flood. In addition, all lands which have documented evidence of flooding.

“Floodplain” means land subject to periodic flooding, including the 100-year floodplain as mapped by FEMA Flood Insurance Studies or other substantial evidence of actual flood events

“Full street connection” means right-of-way designed for public access by motor vehicles, pedestrians and bicycles.

“Functions and values of stream corridors” means stream corridors have the following functions and values: water quality retention and enhancement, flood attenuation, fish and wildlife habitat, recreation, erosion control, education, aesthetic, open space and wildlife corridor.

“Growth Concept Map” means the conceptual map demonstrating the 2040 Growth Concept design types attached to this plan².

“Hazardous materials” means materials described as hazardous by Oregon Department of Environmental Quality.

“Implementing ordinances or regulations” means any city or county land use regulation as defined by ORS 197.015(11) which includes zoning, land division or other ordinances which establish standards for implementing a comprehensive plan.

“Improved pedestrian crossing.” An improved pedestrian crossing is marked and may include signage, signalization, curb extensions and a pedestrian refuge such as a landscaped median.

“Invasive non-native or noxious vegetation” means plant species that have been introduced and due to aggressive growth patterns and lack of natural enemies in the area where introduced, spread rapidly into native plant communities, or which are not listed on the Metro Native Plant List as adopted by Metro Council resolution.

“Landscape strip” means the portion of public right-of-way located between the sidewalk and curb.

“Level-of-service (LOS)” means the ratio of the volume of motor vehicle demand to the capacity of the motor vehicle system during a specific increment of time.

“Local trips.” Local vehicle trips are trips that are five miles or shorter in length.

“Median” means the center portion of public right-of-way, located between opposing directions of motor vehicle travel lanes. A median is usually raised and may be landscaped, and usually incorporates left turn lanes for motor vehicles at intersections and major access points.

“Metro” means the regional government of the metropolitan area, the elected Metro Council as the policy setting body of the government.

“Metro boundary” means the jurisdictional boundary of Metro, the elected regional government of the metropolitan area.

“Metro urban growth boundary” means the urban growth boundary as adopted and amended by the Metro Council, consistent with state law.

“Mitigation” means the reduction of adverse effects of a proposed project by considering, in the following order: (1) avoiding the impact all together by not taking a certain action or parts of an action; (2) minimizing impacts by limiting the degree or magnitude of the action and its implementation; (3) rectifying the impact by repairing, rehabilitating or restoring the effected environment; (4) reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action by monitoring and taking appropriate measures; and (5) compensating for the impact by replacing or providing comparable substitute water quality resource areas.

“Mixed use” means comprehensive plan or implementing regulations that permit a mixture of commercial and residential development.

“Mixed-use development” includes areas of a mix of at least two of the following land uses and includes multiple tenants or ownerships: residential, retail and office. This definition excludes large, single-use land uses such as colleges, hospitals, and business campuses. Minor incidental land uses that are accessory to the primary land use should not result in a development being designated as “mixed-use development.” The size and definition of minor incidental, accessory land uses allowed within large, single-use developments should be determined by cities and counties through their comprehensive plans and implementing ordinances.

“Mobility” means the speed at which a given mode of travel operates in a specific location.

“Mode-split target” means the individual percentage of public transportation, pedestrian, bicycle and shared-ride trips expressed as a share of total person-trips.

“Motor vehicle” means automobiles, vans, public and private buses, trucks and semi-trucks, motorcycles and mopeds.

“Multi-modal” means transportation facilities or programs designed to serve many or all methods of travel, including all forms of motor vehicles, public transportation, bicycles and walking.

“Narrow street design” means streets with less than 46 feet of total right-of-way and no more than 28 feet of pavement width between curbs.

“Native vegetation” means any vegetation native to the Portland metropolitan area or listed on the Metro Native Plant list as adopted by Metro Council resolution.

“Net acre” means an area measuring 43.560 square feet which excludes:

Any developed road rights-of-way through or on the edge of the land; and

Environmentally constrained areas, including any open water areas, floodplains, natural resource areas protected under statewide planning Goal 5 in the comprehensive plans of cities and counties in the region, slopes in excess of 25 percent and wetlands requiring a Federal fill and removal permit under Section 404 of the Clean Water Act. These excluded areas do not include lands for which the local zoning code provides a density bonus or other mechanism which allows the transfer of the allowable density or use to another area or to development elsewhere on the same site; and

All publicly-owned land designated for park and open spaces uses.

“Net developed acre” consists of 43,560 square feet of land, after excluding present and future rights-of-way, school lands and other public uses.

“Perennial streams” means all primary and secondary perennial water ways as mapped by the U.S. Geological Survey.

“Performance measure” means a measurement derived from technical analysis aimed at determining whether a planning policy is achieving the expected outcome or intent associated with the policy.

“Person-trips” means the total number of discrete trips by individuals using any mode of travel.

“Persons per acre” means the intensity of building development by combining residents per net acre and employees per net acre.

“Practicable” means available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purpose.

“Primarily developed” means areas where less than 10% of parcels are either vacant or underdeveloped.

“Protected Water Features”

Primary Protected Water Features shall include:

Title 3 wetlands; and

Rivers, streams, and drainages downstream from the point at which 100 acres or more are drained to that water feature (regardless of whether it carries year-round flow); and

Streams carrying year-round flow; and

Springs which feed streams and wetlands and have year-round flow; and

Natural lakes.

Secondary Protected Water Features shall include intermittent streams and seeps downstream of the point at which 50 acres are drained and upstream of the point at which 100 acres are drained to that water feature.

“Redevelopable land” means land on which development has already occurred which, due to present or expected market forces, there exists the strong likelihood that existing development will be converted to more intensive uses during the planning period.

“Regional Goals and Objectives” are the land use goals and objectives that Metro is required to adopt under ORS 268.380(1).

“Regional vehicle trips” are trips that are greater than five miles in length.

“Restoration” means the process of returning a disturbed or altered area or feature to a previously existing natural condition. Restoration activities reestablish the structure, function, and/or diversity to that which occurred prior to impacts caused by human activity.

“Retail” means activities which include the sale, lease or rent of new or used products to the general public or the provision of product repair or services for consumer and business goods. Hotels or motels, restaurants or firms involved in the provision of personal services or office space are not considered retail uses.

“Riparian area” means the water influenced area adjacent to a river, lake or stream consisting of the area of transition from an hydric ecosystem to a terrestrial ecosystem where the presence of water directly influences the soil-vegetation complex and the soil-vegetation complex directly influences the water body. It can be identified primarily by a combination of geomorphologic and ecologic characteristics.

“Routine repair and maintenance” means activities directed at preserving an existing allowed use or facility, without expanding the development footprint or site use.

“Shared-ride” means private passenger vehicles carrying more than one occupant.

“Significant increase in Single Occupancy Vehicle (SOV) capacity for multi-modal arterials.” An increase in SOV capacity created by the construction of additional general purpose lanes totaling ½ lane miles or more in length. General purpose lanes are defined as through travel lanes or multiple turn lanes. This also includes the construction of a new general purpose highway facility on a new location. Lane tapers are not included as part of the general purpose lane. Significant increases in SOV capacity should be assessed for individual facilities rather than for the planning area.

“Significant increase in Single Occupancy Vehicle (SOV) capacity for regional through-route freeways.” Any increase in SOV capacity created by the construction of additional general purpose lanes other than that resulting from a safety project or a project solely intended to eliminate a bottleneck. An increase in SOV capacity associated with the elimination of a bottleneck is considered significant only if such an increase provides a highway section SOV capacity greater than ten percent over that provided immediately upstream of the bottleneck. An increase in SOV capacity associated with a safety project is considered significant only if the safety deficiency is totally related to traffic congestion. Construction of a new general purpose highway facility on a new location also constitutes a significant increase in SOV capacity. Significant increase in SOV capacity should be assessed for individual facilities rather than for the planning area.

“Significant negative impact” means an impact that affects the natural environment, considered individually or cumulatively with other impacts on the Water Quality Resource Area, to the point where existing water quality functions and values are degraded.

“Single occupancy vehicle (SOV)” means private passenger vehicles carrying one occupant.

“Straight-line distance” means the shortest distance measured between two points.

“Stream” means a body of running water moving over the earth’s surface in a channel or bed, such as a creek, rivulet or river. It flows at least part of the year, including perennial and intermittent streams. Streams are dynamic in nature and their structure is maintained through build-up and loss of sediment.

“Substantial compliance” means city and county comprehensive plans and implementing ordinances, on the whole, conform with the purposes of the performance standards in the functional plan and any failure to meet individual performance standard requirements is technical or minor in nature.

“Target capacities” means the capacities in Table 3.07-1 required to be demonstrated by cities and counties for compliance with Title 1, section 3.07.120.

“Target densities” means the average combined household and employment densities established for each design type in the RUGGO 2040 Growth Concept.

“Title 3 Wetlands” means wetlands of metropolitan concern as shown on the Metro Water Quality and Flood Management Area Map and other wetlands added to city or county adopted Water Quality and Flood Management Area maps consistent with the criteria in Title 3, section 3.07.340(E)(3). Title 3 wetlands do not include artificially constructed and managed stormwater and water quality treatment facilities.

“Top of bank” means the same as “bankfull stage” defined in OAR 141-85-010(2).

“Traffic calming” means street design or operational features intended to maintain a given motor vehicle travel speed.

“Underdeveloped parcels” means those parcels of land with less than 10% of the net acreage developed with permanent structures.

“Utility facilities” means buildings, structures or any constructed portion of a system which provides for the production, transmission, conveyance, delivery or furnishing of services including, but not limited to, heat, light, water, power, natural gas, sanitary sewer, stormwater, telephone and cable television.

“Vacant land” means land identified in the Metro or local government inventory as undeveloped land.

“Variance” means a discretionary decision to permit modification of the terms of an implementing ordinance based on a demonstration of unusual hardship or exceptional circumstance unique to a specific property.

“Visible or measurable erosion.” Visible or measurable erosion includes, but is not limited to:

Deposits of mud, dirt sediment or similar material exceeding one-half cubic foot in volume on public or private streets, adjacent property, or onto the storm and surface water system, either by direct deposit, dropping discharge, or as a result of the action of erosion.

Evidence of concentrated flows of water over bare soils; turbid or sediment laden flows; or evidence of on-site erosion such as rivulets on bare soil slopes, where the flow of water is not filtered or captured on the site.

Earth slides, mudflows, earth sloughing, or other earth movement that leaves the property.

“Water Quality and Flood Management Area” means an area defined on the Metro Water Quality and Flood Management Area Map, to be attached hereto³. These are areas that require regulation in order to mitigate flood hazards and to preserve and enhance water quality. This area has been mapped to generally include the following: stream or river channels, known and mapped wetlands, areas with flood-prone soils adjacent to the stream, floodplains, and sensitive water areas. The sensitive areas are generally defined as 50 feet from top of bank of streams for areas of less than 25% slope, and 200 feet from top of bank on either side of the stream for areas greater than 25% slope, and 50 feet from the edge of a mapped wetland.

“Water Quality Resource Areas” means vegetated corridors and the adjacent water feature as established in Title 3.

“Wetlands.” Wetlands are those areas inundated or saturated by surface or ground water at a frequency and duration sufficient to support and under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands are those areas identified and delineated by a qualified wetland specialist as set forth in the 1987 Corps of Engineers Wetland Delineation Manual.

“Zoned capacity” means the highest number of dwelling units or jobs that are allowed to be contained in an area by zoning and other city or county jurisdiction regulations.

(Ordinance No. 97-715B, Sec. 1. Amended by Ordinance No. 98-721A, Sec. 1; Ordinance No. 98-730C, Sec. 10.)