1994-24345-Ordinance No. 94-021 Recorded 6/16/199494-24345 r UFORE THE BOARD OF COUNTY COPD[ISSIONERS OF REVIEWED DESCHUTES LEGAL COUNSEL *An Ordinance Repealing *The Deschutes County * # ยข' 1,'' (;4 *Sensitive Bird and Mammal PH 3:29 *Habitat Combining Zone Map *And Adopting a New Zone Map *And Declaring An Emergency. ORDINANCE NO. 94-021 0135-2463 WHEREAS, the Land Conservation and Development Commission issued a Remand Order 93 -RA -883, requiring Deschutes County to amend the County Comprehensive Plan Resource Element, "Fish and Wildlife Inventories Conflict ESEE Analyses" as adopted by Ordinance 92-041 to adopt site specific economic, social, environmental and energy consequence analysis (ESEE) for the inventoried sensitive bird and mammal habitat sites; and WHEREAS, the inventory of sensitive bird and mammal sites has been amended by Ordinance 94-004 and certain sites zoned Sensitive Bird and Mammal Habitat Combining zone have been deleted or added to the inventory which requires an amendment to the Sensitive Bird and Mammal Habitat Combining Zone Map; and WHEREAS, public hearings on the proposed zone changes (File ZC-94-3) have been held in conformance with state law before the Deschutes County Planning Commission and Board of County Commissioners for Deschutes County; and WHEREAS, the Board of County Commissioners has considered the recommendations of the Planning Commission and the public; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS AS FOLLOWS: Section 1. REPEAL OF SENSITIVE BIRD AND MAMMAL HABITAT COMBINING ZONE MAP. The Sensitive Bird and Mammal Habitat Combining Zone map adopted by Ordinance 92-042 is hereby repealed. Section 2. ADOPTION OF SENSITIVE BIRD AND MAMMAL HABITAT COMBINING ZONE MAP. The Sensitive Bird and Mammal Habitat Combining Zone is hereby adopted as shown on the map titled "Sensitive Bird and Mammal Habitat Combining Zone" attached as Exhibit 111". Section 3. SEVERABILITY. The provisions of ordinance are severable. If any section, sentence, or phrase of this ordinance or any exhibit thereto 1 - ORDINANCE - NO. 94-021 (06/15/94) ter, 7 4,... this clause, 1S KEyp JV 1994 0135-2464 ,adjudged to be invalid by a court or competent jurisdiction that decision shall not affect the validity of the remaining portions of this ordinance or exhibit thereto. Section 4. CORRECTIONS. This ordinance may be corrected by order of the Board of County Commissioners to cure editorial and clerical errors and to insert appropriate legislative history. Section 5. REPEAL OF ORDINANCES AS AFFECTING EXISTING LIABILITIES. The repeal, express or implied, of any ordinance, ordinance provision, code section, or any map or any line on a map incorporated therein by reference, by this amending ordinance shall not release or extinguish any duty, condition, penalty, forfeiture, or liability previously incurred or that may hereafter be incurred under such ordinance, unless a provision of this amending ordinance shall so expressly provide, and such ordinance repealed shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such duty, condition, penalty, forfeiture, or liability, and for the purpose of authorizing the prosecution, conviction and punishment of the person or persons who previously violated the repealed ordinance. Section 6. EMERGENCY. 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 15th day of , 1994. AT T: Recording Secr tary BOARD OF COUNTY COMIrIISSIONERS OF DESOHUTES COUNTY, ORTGON , Chair I"an, TOM THROP, Co issioner BARRY H. SLAUGHTER, Commissioner 2 - ORDINANCE - NO. 94-021 (06/15/94)