1986-12413-Ordinance No. 86-017 Recorded 6/30/1986• REVIEWED
85-12413
LEGAL COUNSEL:
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNT ';'OREGON
An Ordinance Amending Ordi-
nance No. PL -111 Bend Urban
Growth Boundary Zoning Ordi-
nance, As Amended, To Prohibit*
Hydroelectric Facilities In
Designated Zones and Stretches*
Of The Deschutes River And Its*
Tributaries, To Allow Hydro-
electric Facilities As Condi-
tional Uses In Designated
Zones and Stretches of the
Deschutes River, Establishing
Conditional Use Criteria,
Adopting Findings And Conclu-
sions, and Declaring An Emer-
gency.
ORDINANCE NO. 86-017
r;
VOL
KEY; �_ HIED
JUL 1986
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
72 °AIF 362
Section 1. Section 4, Ordinance PL -11, Bend Urban Growth
Boundary Zoning Ordinance, as amended, is further amended to
include the following definitions:
"(47A) Conduit. Any tunnel, canal, pipeline,
aqueduct, flume, ditch or similar man-
made structure which is or may be used
to convey water.
(54A) Dam. Any man-made structure which is
or may be used to impound water.
(57A) Diversion. Any man-made structure
which is or may be used to deflect or
divert water from a river or stream
into a conduit.
(65A) Fish Passage Device. Any man-made structure
which is or may bi7used to enable fish
to pass over a dam to move upstream.
(65B) Fish Protection Device. Any man-made
structure, such as a fish screen, which
is or may be used to prevent fish from
entering into or passing through con-
duits, penstocks and other water -con -
1 - ORDINANCE NO. 86-017
voL 72 PACE 363
ducting structures or devices connected
to a hydroelectric facility.
(81A) Hydroelectric Facility. All aspects of
any project or development necessary
for or related to the generation of
hydroelectric energy, including, but
not limited to, conduits, dams, diver-
sions, fish ladders and screens, gener-
ators, impoundments, penstocks, tur-
bines, transmission facilities, and re-
lated buildings, structures, storage
areas, access roads, parking areas and
surrounding and adjacent lands which
are necessary for or related to the
facility.
(81B) Impoundment. Any man-made structure
which is or may be used to impound
water.
(119A) Penstock. Any conduit or other struc-
ture which is or may be used to convey
water to the driving mechanism of the
generator.
(160A) Transmission Facility. The conductors,
lines, poles, towers, structures,
corridors and construction staging and
assembly areas necessary for or asso-
ciated with the transmission of elec-
tricity from a hydroelectric facility
for distribution."
Section 2. Subsection 163, Section 4, Ordinance No. PL -11,
Bend Urban Growth Boundary Zoning Ordinance, as amended, is
further amended to read as follows:
"(163) Utility Facility. Any major struc-
tures, excluding hydroelectric facil-
ities, owned or operated by a public,
private or cooperative electric, fuel,
communications, sewage or water company
for the generation, transmission,
distribution or processing of its prod-
ucts or for the disposal of cooling
water, waste or by-products, and inclu-
ding power transmission lines, major
trunk pipelines, power substations,
water towers, sewage lagoons, sanitary
landfills and similar facilities, but
excluding local sewer, water, gas,
2 - ORDINANCE NO. 86-017
UAL 72 FACE 364
telephone and power distribution lines,
and similar minor facilities allowed in
any zone."
Section 3. Subsection 3, Section 10, Urban Area Reserve
Zone, UAR-10, Ordinance No. PL -11, Bend Urban Growth Boundary
Zoning Ordinance, as amended, is further amended by the addition
of the following:
"(q) Hydroelectric facility, in accordance with
Sections 26 and 29 of this Ordinance."
Section 4. Subsection 3, Section 11, Surface Mining Zone -
SM, Ordinance No. PL -11, Bend Urban Growth Boundary Zoning Ordi-
nance, as amended, is further amended by the addition of the
following:
"(F) Hydroelectric facility, in accordance with
Sections 26 and 29 of this Ordinance."
Section 5. Subsection 3, Section 12, Suburban Low Density
Residential District, SR -2 1/2, Ordinance No. PL -11, Bend Urban
Growth Boundary Zoning Ordinance, as amended, is further amended
by the addition of the following:
"(1) Hydroelectric facility, in accordance with
Sections 26 and 29 of this Ordinance."
Section 6. Subsection 3, Section 13, Urban Low RL Density
Residential Zo'ne, RL, Ordinance No. PL -11, Bend Urban Growth
Boundary Zloniiig Ordinance, as amended, is further amended by the
addition of the following:
"(o) Hydroelectric facility, in accordance with
Sections 26 and 29 of this Ordinance."
Section 7. Subsection 5, Section 14, Urban Standard Resi-
dential Zone - RS, Ordinance No. PL -111 Bend Urban Growth Bound-
ary Zoning Ordinance, as amended, is further amended by the
addition of the following:
"(r) Hydroelectric facility, in accordance with
Sections 26 and 29 of this Ordinance."
Section 8. Subsection 3, Section 15, Urban Medium Density
Residential Zone - RM, Ordinance No. PL -11, Bend Urban rowth
Boun ary Zoning Ordinance, as amended, is further amended by the
addition of the following:
"(m) Hydroelectric facility, in accordance with
Sections 26 and 29 of this Ordinance."
3 - ORDINANCE NO. 86-017
VOL 72 w -F `365
Section 9. Subsection 3, Section 16, Urban High Density
Residential Zone - RH, Ordinance No. PL -11, Bend Urban Growth
Boundary Zoning Ordinance, as amended, is further amended by the
addition of the following:
"(p) Hydroelectric facility, in accordance with
Sections 26 and 29 of this Ordinance."
Section 10. Subsection 3, Section 19, Highway Commercial
Zone - CH, Ordinance No. PL -11, Bend Urban Growth Boundary Zoning
Ordinance, as amended, are further amended by the addition of the
following:
(k) Hydroelectric facility, in accordance with
Sections 26 and 29 of this Ordinance."
Section 11. Subsection 3, Section 19A, General Commercial
District - CG, Ordinance No. PL -11, Bend Urban Growth Boundary
Zoni g Ordinance, as amended, is further amended by the addition
of the following:
(d) Hydroelectric facility, in accordance with
Sections 26 and 29 of this Ordinance."
Section 12. Subsection 3, Section 20, Industrial Park Zone
- IP, Ordinance No. PL -11, Bend Urban Growth Boun ary Zoning
Ordnance, as amended, is further amended by the addition of the
following:
"(e) Hydroelectric facility, in accordance with
Sections 26 and 29 of this Ordinance."
Section 13. Subsection 3, Section 21, Light Industrial Zone
- IL, Ordnance No. PL -11, Bend Urban Growth Boundary Zoning
Ordinance, as amended, is further amended by the addition of the
following:
"(1) Hydroelectric facility, in accordance with
Sections 26 and 29 of this Ordinance."
Section 14. Section 23A, Deschutes River Combining Zone -
DR, Ordinance No. PL -11, Bend Urban Growth Boundary Zoning Ordi-
nance, as amended, is repealed.
Section 15. Subsection 19 of Section 26 of Ordinance No.
PL -11, Bend Urban Growth Boundary Zoning Ordinance, as amended,
is further amended to read as follows:
"(19)(a) No new hydroelectric facilities shall be
constructed, and no existing hydroelectric
facilities shall be enlarged or expanded in
size of area or generating capacity, on the
4 - ORDINANCE NO. 86-017
VOL 72 PAVE 3
following rivers and streams within the
Bend Urban Growth Boundary:
(i) Tumalo Creek.
(b) Hydroelectric facilities are allowed as a
conditional use on the Deschutes River
within the Bend Urban Growth Boundary (from
River Mile 171 below Lava Island Falls
downstream to River Mile 160). Such condi-
tional use within the Bend Urban Growth
Boundary shall be governed by the condi-
tions set forth in Section 29 of this
Ordinance."
Section 16. Section 29, Ordinance No. PL -11, Bend Urban
Growth Boundary Zoning Ordinance, Conditional Use Permits, is
amended to add the following:
"(7) In addition to the general conditional use
permit criteria set forth in subsection (3)
of this section, the criteria set forth
below shall apply to any construction or
expansion of, or other modification to,
hydroelectric facilities in zones where
such facilities are permitted as a con-
ditional use. A conditional use permit may
be granted for the construction or expan-
sion of, or other modification to, a hydro-
electric facility only upon findings by the
Hearings Body that the proposal meets each
of the following criteria, where appli-
cable:
(a) The facility is located at and physi-
cally connected to an existing man-made
diversion or impoundment;
(b) The facility will not increase the
maximum surface area or capacity of the
impoundment created by the existing dam
or diversion to which the facility will
be connected;
(c) The facility will maintain or enhance, to
the greatest extent possible, the existing
scenic, visual, environmental and aesthetic
qualities of the affected stretch of the
river.
(d) The facility will maintain or enhance the
existing recreational opportunities on or
5 - ORDINANCE NO. 86-017
v0L 72 FAGE367
adjacent to the affected stretch of the
river.
(e) The facility will maintain or enhance exis-
ting fish and wildlife habitat, and will
have no adverse impact upon any threatened
or endangered fish, wildlife or plant
species or their habitat.
(f) The facility and its operation will maintain or
enhance existing water quality in the affected
stretch of the river, except during construction
of the facility, when adverse impacts on water
quality will be minimized. Specifically, the
facility and its operation will not:
(i) deposit, or create a zone for the de-
posit of, sediments in the river at or
adjacent to the site;
(ii) increase the temperature of the river
in the affected stretch by any means,
including but not limited to removal
of vegetation or reduction in stream -
flow; or
(iii) create the potential for, or result
in, spillage, leakage or discharge of
oil, chemicals or other substances or
waste products which could reach the
river.
(g) The facility and its operation will not increase
soil or bank erosion or destroy bank habitat at
or on land adjacent to the site, except during
construction of the facility, during which time
soil or bank erosion and destruction of bank
habitat will be minimized.
(h) The facility and its operation will maintain
existing public access to the affected
stretch of the river.
(i) The facility will not be located at or imme-
diately adjacent to any identified archae-
ological or historical site, national or
state park, wildlife refuge, Bureau of Land
Management Outstanding Natural Area or Area
of Critical Environmental Concern, Federal
Research Natural Area or U.S. Forest Service
Special Interest Area.
6 - ORDINANCE NO. 86-017
voL 72 PAcIF9
(j) The facility and its operation will comply
with all applicable noise, water quality and
pollution regulations of the Oregon Depart-
ment of Environmental Quality.
(k) The facility and its operation will comply
with all applicable state and local fill -
and -removal statutes and regulations.
(8) The applicant for a conditional use permit
for a hydroelectric facility, in addition to
all other requirements, shall submit the
following for approval:
(a) Detailed construction plans and profiles of
all facility features, including building
elevations of the powerhouse and other struc-
tures, excavation plans and narrative as to
where blasting will occur and where excess
material will be deposited, and landscaping
and reclamation plans.
(b) Detailed plans for meeting the criteria set
forth in subsection (7) above.
(c) Detailed plans for river enhancement docu-
menting both on-site and off-site enhancement
plans consistent with adopted river -related
goals and policies, such as plans and methods
for conserving water and enhancing stream -
flows. The plan shall identify costs, time
schedules and coordination activities with
affected persons and agencies for such en-
hancement plans.
(d) A cash deposit, performance bond or other
security acceptable to Deschutes County, in
an amount equal to 100 percent of the esti-
mated cost of river enhancement.
(e) Detailed plans for a water conservation and
stream enhancement program to be funded by a
portion of revenues generated by the opera-
tion of the proposed facility. The program
plans shall contain the following:
(i) A program timetable;
(ii) Projected gross revenues from the pro-
posed facility;
7 - ORDINANCE NO. 86-017
VOL 72 wIF IR9
Projected program expenditures and the
percentage of gross revenues they repre-
sent;
(iv) Projected water savings and the percent-
age of known current water losses they
represent;
(v) A declaration by the applicant that at
least fifty percent of the conserved
water will remain undiverted by the
applicant;
(vi) A declaration by the applicant that
water diversion for power generation
will not cause water flow in the af-
fected stretch of the river (from the
diversion to the tailrace exit) to fall
below the minimum streamflow for that
stretch as recommended by the Oregon
Department of Fish and Wildlife; and
(vii) A declaration by the applicant that it
will enter into an agreement with Des-
chutes County, prior to beginning con-
struction of the facility, by which the
applicant agrees to fulfill all of the
requirements in paragraphs (i) through
(vi) of this subsection."
Section 17. The Board of County Commissioners adopts as its
findings and conclusions supporting the amendments in Sections 1
through 16 of this Ordinance the Staff Report, dated May 21,
1986, relating to the Deschutes River Corridor.
Section 18. This Ordinance
diate preservation of the public
emergency is declared to exist,
on its passage.
8 - ORDINANCE NO. 86-017
being necessary for the imme-
peace, health and safety, an
and this Ordinance takes effect
VOL
DATED this day of June, 1986.
BOARD OF COUNTY COMMISSIONERS
OF Df%CHUTE;S COUNTY,/�REGON
ATTEST:
UR
Ruing Sec etary DIL"R
9 - ORDINANCE NO. 86-017
, Cnair
72 FADE 37
A. yUj�`ommis l ner
," Comlhissioner