430.100 Intent.
A. In addition to the standards in the Stormwater and Water Master Plans for the City, the purpose of this Section is to protect and improve water quality resources in Wood Village under Statewide Land Use Planning Goal 6 and Sections 1-4 of Title 3 of the Metro Urban Growth Management Functional Plan (UGMFP). The Water Quality Resource Area Protection (this Section) provisions also provide protection for designated natural resources that have been identified for the purposes of implementing Statewide Planning Goal 5 relating to significant natural riparian, wildlife, and wetland resources and Title 13 of the UGMFP.
B. These regulations seek to minimize additional adverse impacts and to restore and improve resources, where possible, while balancing property rights and development needs of the city.
C. It is also the intent of this Section to:
(1) Designate water quality resources (WQR) to protect the functions and values of riparian and wetland resources at the time of development.
(2) To protect and improve water quality, to support the designated beneficial water uses, to protect the functions and values of existing and newly established Water Quality Resource Areas (WQRA), which include, but are not limited to:
(a) A vegetated corridor to separate Protected Water Features from development;
(b) Microclimate and shade;
(c) Stream flow moderation and water storage;
(d) Water filtration, infiltration and natural purification;
(e) Bank stabilization, sediment and pollution control;
(f) Large wood recruitment and retention;
(g) Natural channel dynamics;
(h) Organic material resources.
(3) Designate habitat conservation areas (HCA) to implement the performance standards of Title 13 of the UGMFP for riparian areas and fish and wildlife habitat, and to protect significant local Goal 5 resources such as wetlands.
(4) Provide nondiscretionary (clear and objective) standards, as well as a discretionary review process, applicable to development in an HCA, in accordance with Goal 5.
(5) Allow and encourage habitat-friendly development while minimizing the impact on water quality, fish and wildlife habitat functions.
(6) Provide mitigation standards for the replacement of ecological functions and values lost through development in a WQR and HCA. This includes restoration of designated natural resources that are temporarily disturbed during development, as well as mitigation for permanent disturbance of those areas as a result of development.
(7) Preserve existing native vegetation against removal and replacement with lawns, gardens or other nonnative plantings.
D. This Section allows development in situations where adverse impacts from the development can be avoided or mitigated and where the strict application of these rules would deny reasonable economic use of property.
E. It is not the intent of this Section to:
(1) Impose any obligation on property owners to restore existing developed sites to predevelopment or natural conditions when no new activity is proposed.
(2) Impose any unreasonable hardship against the continued maintenance of existing legal site conditions.
(3) Apply to activities that do not affect a WQR or HCA.
(4) Prohibit normal lawn and yard landscape planting and maintenance that does not involve removal and replacement of existing native vegetation. Normal lawn and yard planting and maintenance does not include the planting of invasive nonnative or noxious vegetation, including, but not limited to plants that are a nuisance species.