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Within the S-E Overlay District, development within or adjacent to the areas designated as Greenways in this Chapter and the Comprehensive Plan shall be consistent with the following regulations. For those areas within an adopted riparian corridor, the regulations of Sections 10.920 through 10.928 shall take precedence.

(1) Location and Extent of Greenway Designation. Within the S-E Overlay District, the general location of Greenways are depicted on both the General Land Use Plan Map and the Southeast Circulation Plan Map, provided that a more precise location shall be established as follows:

(a) Major Greenways. The Greenway designation shall extend not less than 50 feet from the top of the bank on each side of the channel along Larson Creek, North Fork Larson Creek, and in the Village Center. The top of the bank shall be as defined in Section 10.012. These greenways are identified as Major Greenways in the Southeast Circulation Plan of the Comprehensive Plan.

(b) Minor Greenways. For Greenways that are not located along Larson Creek, North Fork Larson Creek, or in the Village Center, the Greenway designation shall extend as indicated in the Southeast Circulation Plan of the Comprehensive Plan. These greenways are identified as Minor Greenways in the Southeast Circulation Plan of the Comprehensive Plan. The Greenway designation shall extend not less than 20 feet from the centerline of the drainageways. For Minor Greenways not located along natural surface drainage features, the designation shall be 40 feet in width consistent with Figure 5 of the Southeast Medford Plan Area Neighborhood Circulation Plan.

(c) The size and location of Greenways may be altered by the City when needed to comply with other City, state and federal regulations.

Major Greenway, Riparian Corridor (corresponds to G-1 on the SE Circulation Plan Map)

Major Greenway, Non-Riparian (corresponds to G-2 on the SE Circulation Plan Map)

Major Greenway, Path In-Lieu of Sidewalk (alternate option when approved by City)

Minor Greenway with surface drainage (G-3 on SE Circulation Plan Map)

Minor Greenway without surface drainage (G-4 on SE Circulation Plan Map)

(2) Permitted Uses. Notwithstanding the provisions of Sections 10.306 through 10.337, and subject to any other provisions of this Code and law, the only uses permitted within areas designated as Greenways shall be:

(a) Streets, roads, bridges, and paths where necessary for access or crossings, provided these uses are designed and constructed to minimize intrusion into the riparian area.

(b) Drainage facilities, utilities, and irrigation pumps.

(c) Water-related and water-dependent uses.

(d) Interpretive and educational displays, and overlooks, including benches and outdoor furniture.

(e) Replacement of existing structures with structures in the same location that do not disturb additional riparian area.

(f) Other uses and activities permitted in the underlying zoning district, unless prohibited by state or federal regulations, as may be approved as part of a PUD, provided that the City may install or permit the installation of any use or activity permitted in the underlying zoning district without PUD approval.

(3) Greenway Improvements.

(a) Improvement Standards. Greenways shall be improved according to the following standards:

(i) Except for the Greenway in the Village Center and as may otherwise be approved as part of a PUD, Greenways shall consist of native vegetation, and shall not be improved except as permitted or required in this Code and in the Southeast Circulation Plan of the Comprehensive Plan, and provided that:

(A) Additional canopy trees of a size, species, and variety approved by the City may be installed to augment the natural landscape and stabilize the banks of waterways.

(B) Enhancement of the native vegetation is encouraged. Noxious weeds or nonnative vegetation may be removed if replaced with native plant species as approved by the City and appropriate state and federal agencies.

(C) Nothing in this Section shall be construed to prohibit the preservation or enhancement of wetlands as may be required by any public agency having jurisdiction over wetlands consistent with the laws of the City, state, and federal governments.

(ii) Improved access for the equipment needed for maintenance of storm drainage facilities and for bicycle and pedestrian circulation shall be provided within or abutting each Greenway in a location determined by the City to have the least impact on the vegetation in the riparian area. Said access shall be constructed to the standards of the City. Where acceptable access for the maintenance of storm drainage facilities and bicycle and pedestrian circulation is provided along a planned or existing street adjacent to a Greenway, the access requirement within the Greenway may be waived.

(iii) Greenways shall be improved at the time adjacent land is developed.

(iv) Where feasible, streets shall be collinear and adjacent to Greenways.

(b) Responsibility for Greenway Improvements. Required improvements in Greenways shall serve two principal purposes as explained in the Medford Comprehensive Plan: 1) for storm drainage and sanitary sewer or 2) for non-motorized circulation. Pedestrian and bicycle circulation are essential to the success of the transit-oriented development. The Southeast Circulation Plan denotes the appropriate cross sections for each greenway typology. The responsibility for installing Greenway improvements to the standards in this Section shall be based on the following:

(i) Greenway Improvements for Storm Drainage. Open space for stormwater quality and detention facilities required by Section 10.486 and Section 10.729 may be provided in Greenways rather than on site. The installation of improvements that provide required access to storm drainage facilities in Greenways based on the Southeast Circulation Plan shall be by, and at the sole expense of, the owners of the land adjacent to either side of the Greenway, or segment thereof, unless otherwise approved in writing by the City in advance of a development permit application being submitted to the Planning Department. Consistent with the adopted Greenway design plan in the Southeast Circulation Plan, the City shall approve, on a case-by-case basis, the location of a surfaced path required to provide access for storm drainage maintenance, and any other required or proposed utility improvements.

(ii) Greenway Improvements Exclusively for Pedestrian and Bicycle Circulation. The installation of a surfaced path in Greenways, other than those for storm drainage, shall be by and at the sole expense of the owners of the land adjacent to either side of the Greenway, or segment thereof, unless otherwise approved in writing by the City in advance of a development permit application being submitted to the Planning Department. Consistent with the adopted Greenway design plan in the Southeast Circulation Plan, the City shall approve, on a case-by-case basis, the location of a surfaced path required to provide pedestrian and bicycle circulation, and any other required improvements. All or part of Greenways improved exclusively for pedestrian and bicycle circulation may be acquired by the City through dedication or purchase of the land in fee-simple or through the acquisition of easements.

(iii) Extent of Greenway Improvements. Pursuant to this Section, the portion of each Greenway required to be improved by a property owner at the time of development shall be that portion of Greenway contiguous to the property to be developed. Where a Greenway passes through a parcel, the owner, pursuant to Section 10.384(3)(b)(i), shall be required to dedicate and improve the entire Greenway segment passing through his/her parcel.

(iv) The City may require all or any part of the Greenway to be dedicated for public use and/or ownership following the installation of the required improvements. However, the City, in its sole discretion, may permit the dedication of easements in lieu of fee-simple land dedication.

(v) Section 10.668 (Limitation of Exactions) shall be considered in relation to the above requirements.

(c) Maintenance of Greenway Improvements. Greenway improvements dedicated to the City for any purpose, whether in fee-simple or as easements, shall be maintained by the City. However, the City may relinquish the maintenance of any Greenway improvements to an association of owners established pursuant to Section 10.192(3).

(4) Commercial Center (7A and 7B).

(a) Greenway Improvements. Unless prohibited by other City, state or federal regulations, in the Village Center Greenway, undesirable shrubs, trees, and noxious vegetation may be removed, and ornamental vegetation installed to supplement the remaining native vegetation. Prior to commencing alteration of vegetation within the Greenway area, a landscape restoration plan shall be prepared for review and approval by the City in conjunction with an application for associated Development Permit, if any, or by the Medford Parks Department if not associated with a Development Permit application. The landscape plan shall demonstrate that an equivalent or better amount of stream corridor shading will result upon maturity of the replacement vegetation elements and that the selected plant varieties will survive given the site conditions.

(b) Creekside Development. The development of land adjoining the Greenway within the Village Center shall conform with the following requirements, unless waived or modified as part of the Commercial Center Core Area Master Plan or a PUD approval:

(i) Pedestrian Walkway Connections. A pedestrian walkway as required in Sections 10.772 through 10.776 shall link the principal building of each creekside use or activity to the multi-use path within the Greenway, if on the same side of the waterway as the path.

(ii) Pedestrian Walkway Lighting. All pedestrian walkway connections to the multi-use Greenway path shall be lighted with the type of fixtures and meeting the definition of “pedestrian scale lighting” in Section 10.012.

(iii) Landscaping Between Creekside Development and Greenway. Undeveloped land between each creekside building, use, or activity and the Greenway shall be landscaped in a manner compatible with the native vegetation, and irrigated with an automatic underground system. Such landscaping shall be designed to produce areas of high surveillance to reduce the potential for vandalism and criminal mischief. Landscaping to achieve high surveillance includes grass and ground cover, shrubs less than two and one-half (2½) feet in height, and deciduous trees that produce canopies having the lowest branches more than six feet from the ground. Such landscaping shall not conflict with or violate state and federal regulations related to the preservation of wetlands or riparian areas.

[Added Sec. 2, Ord. No. 2004-258, Dec. 16, 2004; Amd. Ord. No. 2006-92, Apr. 20, 2006; Amd. Sec. 9, Ord. No. 2008-247, Dec. 4, 2008; Amd. Sec. 6, Ord. No. 2013-42, Mar. 7, 2013; Amd. Sec. 13, Ord. No. 2014-160, Dec. 18, 2014; Amd. Sec. 150, Ord. No. 2018-64, Jun. 21, 2018 (effective Jul. 23, 2018); Amd. Sec. 13, Ord. No. 2020-21, Feb. 20, 2020.]