10.801 Agricultural Buffering in Non-Urban Reserve Areas.
(1) Purpose. The provisions of this section related to agricultural buffering implement a policy that was mutually adopted by the City and Jackson County as part of the Urban Growth Boundary Management Agreement as amended. Moreover, the purpose of these provisions is to minimize or mitigate:
(a) Trespass upon and vandalism of agricultural land which is located in near proximity to urban development.
(b) Potential adverse impacts on urban development associated with noise, dust, spray drift and surface waters.
[Amd. Sec. 1, Ord. No. 8014, Jan. 4, 1996.]
(2) Applicability. The provisions of this section apply to the development permit applications listed below in this subsection where land proposed for urban development is not in an urban reserve (see Regional Plan Element) and abuts and has a common lot line with other land which is zoned Exclusive Farm Use (EFU) or Exclusive Agriculture (EA). However, development which requires City approval for more than one of the below development permit applications for the same development shall be required to demonstrate compliance with the provisions of this section only in the first such application.
(a) Land Divisions.
(b) Planned Unit Developments.
(c) Conditional Use Permits.
(d) Site Plan and Architectural Review or Historic Review where the action being sought will result in the construction of one or more buildings intended for human occupancy as dwellings or for business purposes.
[Amd. Sec. 2, Ord. No. 8014, Jan. 4, 1996; Amd. Sec. 22, Ord. No. 2013-131, Sep. 5, 2013 (effective Dec. 1, 2013).]
(3) Information Required: Agricultural Impact Assessment Report. As part of any land use or development application listed in Subsection 10.801(2) where the agricultural buffering provisions in Subsections 10.801(1) through (5) apply, an applicant for such application shall supply the Planning Department with the following information in a report entitled “Agricultural Impact Assessment Report”:
(a) An excerpt of a City of Medford and/or Jackson County zoning map showing the zoning of land adjacent and within two hundred (200) feet of the property proposed for urban development.
(b) A description of the type and nature of agricultural uses and farming practices, if any, which presently occur on adjacent lands zoned EFU or EA and sources of such information. The information thus required, if applicable, shall include:
(i) Method of irrigation.
(ii) Type of agricultural product produced.
(iii) Method of frost protection.
(iv) Type of agricultural equipment customarily used on the property.
(c) Detailed information obtained from the Natural Resources Conservation Service (NCRS) concerning soils which occur on adjacent lands zoned EFU or EA, and whether the land has access to water for irrigation.
(d) Wind pattern information.
(e) A description of the measures proposed to comply with the requirements of Subsections 10.801(1) through (5).
(f) The persons who prepared said report and all persons, agencies, and organizations contacted during preparation of the report.
(g) All statements shall be documented, sources given as reference, and any other detailed information needed to substantiate conclusions should be provided in the appendices.
[Amd. Sec. 3, Ord. No. 8014, Jan. 4, 1996.]
(4) Mitigation and Impact Management.
(a) Agricultural Classification (Intensive or Passive). For the purposes of this Section, agricultural land is hereby classified as either intensive or passive. Intensive agriculture is defined as farming which is under intensive day-to-day management, and includes fruit orchards and the intensive raising and harvesting of crops or, notwithstanding its current use, has soils of which a majority are class I through IV as determined by the NRCS, has irrigation water available and is outside of the Urban Growth Boundary. Passive agriculture is defined as farming that is not under intensive day-to-day management, and includes land used as pasture for the raising of livestock. The approving authority shall determine whether adjacent agricultural uses are intensive or passive based upon the specific circumstances of each case and the nature of agriculture which exists on the adjacent land zoned EFU or EA at the time the urban development application is filed and accepted by the City.
(b) Mitigation - Intensive Agriculture. To minimize or mitigate the adverse potential impacts associated with the proximity of urban and agricultural land uses, the following measures shall be undertaken by the developer when urban development is proposed adjacent to land which is in intensive agricultural use:
(i) Fencing. A wood fence, chain link fence, masonry wall, or other comparable fence, as approved by the approving authority not less than six (6) feet in height or such greater height as may be required, shall be installed at the rear or side property boundary where the urban development property adjoins and has a common property line with land zoned EFU or EA. In no case shall a fence or wall be required within a front yard area. The fence or wall used to buffer agricultural land shall comply with the regulations regarding fencing, Sections 10.731 through 10.735. Information shall be provided regarding the long term maintenance responsibility for the fence.
(ii) Landscaping. On the property proposed for urban development there shall be a landscaped strip adjoining the fence or wall required in subsection 10.801(4)(b)(i) which shall have a width of not less than eight (8) feet within which there shall be planted a row of evergreen trees spaced not more than eight (8) feet apart. The species and variety of evergreen trees proposed shall be approved by the approving authority and shall be selected on the basis of fast growth and vegetation density. The City may compile and adopt a list of trees suitable for agricultural buffering and once adopted, only trees from the approved list may be selected to satisfy the requirements of this section. The trees shall be served by an underground irrigation system. Information shall be provided regarding the long-term responsibility for care and maintenance of the landscaping.
(iii) Deed Declaration. All urban land proposed for development which lies within two hundred (200) feet of an EFU or EA zoning district boundary shall be subject to a deed declaration that requires the owner and all successors in interest to recognize and accept common, customary and accepted farming practices. The declaration shall also provide that the perpetual maintenance of fencing, the horticultural care for and maintenance of landscaping, and the maintenance of other buffering features installed to comply with this Section shall be the sole responsibility of the owners of property subject to the deed declaration. The deed declaration shall be in a form approved by the City. After the deed declaration is signed it shall be recorded in the official records of Jackson County, and copies shall be mailed to the owners of adjacent agricultural lands zoned EFU or EA.
(iv) Irrigation Runoff. Measures appropriate to the circumstances present shall be undertaken by the urban developer to mitigate adverse impacts which occur from periodic naturally occurring runoff and inadvertent agricultural irrigation runoff.
(c) Mitigation - Passive Agriculture. To minimize or mitigate the adverse potential impacts associated with the proximity of urban and agricultural land uses, the following measures shall be undertaken by the developer when urban development is proposed adjacent to land in passive agricultural use:
(i) Fencing. A wood fence, chain link fence, or masonry wall, not less then six (6) feet in height shall be installed at the property boundary where the development property adjoins and has a common property line with land zoned EFU or EA. In no case shall a fence or wall be required within a front yard area. The fence or wall used to buffer agricultural land shall comply with the regulations regarding fencing, Sections 10.731 through 10.735. Information shall be provided regarding the long-term maintenance responsibility for the fence or wall.
(ii) Deed Declaration. The deed declaration required in subsection 10.801(4)(b)(iii) shall be required.
(iii) Irrigation Runoff. Measures appropriate to the circumstances present shall be undertaken by the urban developer to mitigate adverse impacts which occur from periodic naturally occurring runoff and inadvertent agricultural irrigation runoff.
(d) Discretionary Mitigation Measures/Design Considerations. In addition to the specific mitigation measures required in Subsections 10.801(4)(b) and 10.801(4)(c), an applicant shall also consider the following design items and the approving authority may, in its sole discretion, impose conditions which do any of the following:
(i) Increase the rear or side yard setback to afford greater spatial separation between agriculture and urban development.
(ii) Regulate the location of garages and parking areas to place them between dwellings and other buildings intended for human occupancy and agricultural land.
(iii) Require the placement of streets, driveways, open space or common areas between urban development and agricultural land.
(iv) Require fencing and landscaping, including the use of berms, in excess of that required in Subsection 10.801(4).
(v) Regulate or require other mitigation measures or features deemed reasonably necessary and appropriate by the approving authority to protect the public health, safety and general welfare, and to make urban development compatible with agricultural uses which exist on adjacent lands zoned EFU or EA.
[Amd. Sec. 4, Ord. No. 8014, Jan. 4, 1996.]
(5) Alteration or Removal of Buffering Measures. The measures required by the approving authority to buffer agricultural land from urban uses and development may be altered or removed entirely when the zoning of an adjacent and touching agricultural land is changed from EFU or EA to a city zoning district other than EA. No alteration or removal of the agricultural land buffering features shall cause the removal of fencing or landscaping which is required to meet the Bufferyard requirements of Sections 10.790 through 10.796.