1986-12419-Ordinance No. 86-058 Recorded 6/30/198686-12419
REVIEWED
LEGAL COUNSEt
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Ordi-
nance No. PL -11, Bend Urban
Growth Boundary Zoning Ordi-
nance, As Amended, To Add
Definitions, To Authorize Fill*
And Removal As A Conditional
Use In Certain Zones, To
Create Exceptions, Requiring
a "Sunset Review", Adopting
Findings and Conclusions, And
Declaring An Emergency.
ta=
VOL
ORDINANCE NO. 86-058
JUL j,V 86
�J
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
72 FAcF391
Section 1. Section 4, Ordinance No. PL -11, Bend Urban
Growth Boundary Zoning Ordinance, as amended, is further amended
to add the following:
"(20A) Bank -full Stage. The elevation at which
water overflows the natural banks of a
stream, river, or lake and begins to inundate
the upland. In the absence of physical evi-
dence, the two-year reoccurrence interval
flood elevation may be used to approximate
bank -full stage."
"(21A) Bed or Banks of Stream or River. The physi-
cal container of the waters of a stream or
river lying below bank -full stage, and the
land 10 feet on either side of the contain-
er."
"(164A) Wetland. Those areas that are inundated or
saturated by surface or ground water at a
frequency or duration sufficient to support,
and that under normal circumstances do sup-
port, a prevalence of vegetation typically
adapted for life in saturated soil condi-
tions. Wetlands include swamps, marshes,
bogs, and other similar areas."
Section 2. Section 26, Ordinance No. PL -11, Bend Urban
Growth Boundary Zoning Ordinance, as amended, Provisions Applying
To Special Uses, is further amended to add the following:
1 - ORDINANCE NO. 86-058
VEL 72 PACE
"(21) Fill and Removal.
(A) Except as otherwise provided in this ordi-
nance, no person shall fill or remove any
material or remove any vegetation, regardless
of the amount, within the bed and banks of
any stream or river, or in any wetland,
unless such fill or removal is approved as a
conditional use in accordance with the fol-
lowing standards:
(1) An application shall be filed containing
a plan with the following information:
(a) A detailed explanation of the
planned fill or removal including
the amount of material to be filled
or removed.
(b) An explanation of why the fill or
removal is necessary.
(c) A site plan, drawn to scale and
accompanied by such drawings,
sketches, and descriptions as are
necessary to describe and illus-
trate the proposed fill or removal.
The site plan shall, at a minimum,
include:
(i) An inventory of existing
vegetation.
(ii) The proposed modifications,
if any, to the vegetation.
(iii) Existing and proposed site
contours.
(iv) Location of property lines,
easements, and high water marks.
(v) Other site elements or
information which will
assist in the evaluation of
the proposed fill or
removal.
(d) A letter from the Oregon Department
of Fish and Wildlife stating that
there will be no adverse impacts
2 - ORDINANCE NO. 86-058
VOL 72 F.An 401
upon fish or wildlife habitats from
the proposed fill or removal.
(2) Public facility and service uses, such
as construction or maintenance of roads,
bridges, electric, gas, telephone,
water, sewer transmission and distribu-
tion lines, and related facilities
controlled by public utilities or co-
operative associations, shall not be
granted conditional use permits to fill
or remove unless the following findings
are made:
(a) That all necessary state and
federal permits will be obtained as
a condition of approval of the
conditional use.
(b) That the roads, bridges, transmis-
sion and distribution lines, and
related facilities cannot, as a
practical matter, be located out-
side of the wetland, or bed and
bank of the stream or river.
(c) That the construction or mainten-
ance requiring the fill or removal
will be done in a manner designed
to minimize the adverse impact upon
the wetland, stream, or river.
(d) That erosion will be adequately
controlled during and after con-
struction.
(e) That the impacts on fish and wild-
life habitat from the fill or
removal will be minimized to the
greatest extent practical.
(3) Fill or removal required for public park
and recreation areas, natural and out-
door education areas, historic and
scientific areas, wildlife refuges,
public boat launching ramps, public
docks and public walkways shall not be
allowed as a conditional use unless the
following findings are made:
(a) That all necessary state and feder-
al permits will be obtained as a
3 - ORDINANCE NO. 86-058
• , I
VOL 72 ?AGE 40?,
condition of approval of the condi-
tional use permit.
(b) That only the minimum removal of
vegetation or material and dredging
or excavation necessary for con-
struction and maintenance will be
done.
(c) That the specific location of the
site will require the minimum
amount of disturbance to the nat-
ural environment, considering
alternative locations in the area
and methods of construction.
(d) That such construction and mainten-
ance is designed and done in such a
manner as to minimize the adverse
impact on the site.
(e) That erosion will be adequately
controlled during and after con-
struction.
(f) That the impacts on fish and wild-
life habitat by the fill or removal
will be minimized to the greatest
extent practical.
(4) Except for uses identified in subsec-
tions (2) and (3) above, an application
for a conditional use permit for activ-
ity involving fill or removal of mater-
ial or vegetation within the bed and
banks of a stream, river, or wetland:
(a) Shall be granted only after con-
sideration by the Planning Director
of the following factors:
(i) The effects on public or
private water supplies and
water quality.
(ii) The effects on aquatic life
and habitat.
(iii) The effects on wildlife
habitat.
4 - ORDINANCE NO. 86-058
VOL 721PACE403
(iv) Recreational, aesthetic, and
economic values of the
affected water resources.
(v) Effects on the hydrologic
characteristics of the water
body, such as direction and
velocity of flow, elevation of
water surface, sediment transpor-
tation capacity, stabilization of
the bank, and flood hazards.
(vi) The character of the area,
considering existing stream
bank, stabilization problems
and fill or removal projects
which have previously occur-
red.
(b) Shall not be granted unless all of
the following conditions are met:
(i) That all necessary state and
federal permits will be
obtained as a condition of
approval of the conditional
use.
(ii) That there is no practical
alternative to the proposed
project which will have less
impact on the surrounding
area, considering the fac-
tors established in sub-
section (4)(a) above.
(iii) That there will be no significant
impacts on the surrounding area,
considering the factors estab-
lished in subsection (4)(a)
above.
(iv) That erosion will be ade-
quately controlled during
and after the project.
(v) That vegetation will main-
tain the essential charac-
ter, quality, and density
of existing growth. Additional
vegetation shall be required
if necessary to protect aquatic
5 - ORDINANCE NO. 86-058
VOL 72 FAGE 404
life habitats, functions of the
ecosystem, wildlife values, ero-
sion, and aesthetic resources.
(vi) That the proposed fill or
removal activity will be
consistent with all relevant
goals and policies of the
Deschutes County Comprehensive
Plan.
(vii) That a conservation ease-
ment, as defined in Section
1.030 (25B) of this Ordi-
nance, shall be conveyed to
the County, which provides, at a
minimum, that all elements of
the project will be carried out
and maintained as approved, in
perpetuity, for the regulated
fill or removal area, and all
real property on the same lot
within 10 feet of any wetland,
river or stream."
Section 3. Section 27, Interpretations and Exceptions,
Ordinance No. PL -11, Bend Urban Growth Boundary Zoning Ordinance,
as amended, is further amended to add the following:
"(13) Fill and Removal Exceptions.
(a) The following fill and removal activities are
permitted outright if the material to be
filled or removed will not exceed 50 cubic
yards in volume:
(1) Removal of vegetation for the purpose
of:
(A) Removal of diseased or insect -
infested trees or shrubs, or rotten
or damaged trees that present
safety hazards.
(B) Normal maintenance and pruning of
trees and shrubs.
(b) The following fill and removal activities may
be authorized by the Planning Director upon a
finding that no adverse impacts will occur to
the water resources of Deschutes County:
6 - ORDINANCE NO. 86-058
•§
VOL 72 ?AcF 405
(1) Minor fill or removal required for
vegetative enhancement, including exca-
vation and preparation of the ground for
planting additional vegetation.
(2) Fill or removal for maintenance and repair of
existing bridges, dams, irrigation facili-
ties, and similar public and semi-public
facilities, provided such fill or removal
does not alter the existing characteristics
of the stream, river, or wetland.
(3) Fill or removal for maintenance and
repair of nonconforming structures or
boat docks."
Section 5. The Board of County Commissioners adopts as its
findings and conclusions supporting the amendments in Sections 1
through 4 of this Ordinance the Staff Report, dated May 21, 1986,
relating to the Deschutes River Corridor.
Section 6. Not later than one year after passage of this
Ordinance, the Deschutes County Planning Director shall report to
the Deschutes County Board of County Commissioners regarding the
implementation and effect of this Ordinance. Not later than two
years after the passage of this Ordinance, the Board of County
Commissioners shall review this Ordinance, hold a public hearing,
and determine whether a public need exists to continue this Ordi-
nance.
Section 7. This Ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Ordinance takes effect on its
passage.
DATED this Zj9-_'1y of June, 1986.
ATTEST:
Recording Secretary
7 - ORDINANCE NO. 86-058
BOARD OF COUNTY COMMISSIONERS
OF DE WHUTES,-)COUNTY, O ON
, Chair
LAUREN /'Pl. , 77-&E'Commissioner
IN, -CommS.ssioner