1997-08071-Ordinance No. 97-006 Recorded 3/6/19970156-198211
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DL'%fWT COUNTY, OREGON
PH 3:49
An Ordinance Amending Section 18.04.1240 and * '"r 'Y IIi r
adding Section 18.116.260 of Title 18 of the
LERK
Deschutes County Code and Declaring an Emergency.
ORDINANCE NO. 97-006
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Amendment. Section 18.04.1240, Definitions, is amended as set forth in Exhibit
A attached hereto and incorporated herein, with new language set out in red -line and language to be
deleted is in strike -out.
Section 2. Addition. Section 18.116.260, Rock crushing outside the SM zone, is added as
set forth in Exhibit B attached hereto and incorporated herein, with new langugage set out in red -line and
language to be deleted in strike -out.
Section 3. Severability. The provisions of this ordinance are severable. If any section,
sentence, clause or phrase of this ordinance is adjudged to be invalid by a court of competent jurisdiction,
that decision shall not affect the validity of the remaining portions of this ordinance.
Section 4. Codification. County Legal Counsel shall have the authority to format the
provisions contained herein in a manner that will integrate them into the County Code consistent with the
Deschutes County Form and Style Manual for Board Documents. Such codification shall include the
authority to make such changes, to make changes in numbering systems and to make such numbering
changes consistent with interrelated code sections. In addition, as part of codification of these ordinances,
County Legal Counsel may insert appropriate legislative history reference. Any legislative history
references included herein are not adopted as part of the substance of this ordinance, but are included for
administrative convenience and as a reference. They may be changed to correct errors and to conform
to proper style without action of the Board of County Commissioners.
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
PAGE 1 - ORDINANCE NO. 97-006 (03/05/97) -IQ
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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 day of 1997.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
'j Mjw)e4-"-'
NANC CIS ANGEN, Ch 'r
T;
w
1 I C/ -
ATTEST: RO L. NIPPER, Commiss' ner
Recording Secreta y r INDA L. SWEARINGE ommissioner
PAGE 2 - ORDINANCE NO. 97-006 (03/05/97)
EXHIBIT A
Ordinance No. 97-006
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Deletions are in s+,.� , additions are r &dII;1` d.
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18.04.1240 Definition - Surface mining.
"Surface mining" means
A. Includes:
1. All or any part of the process
of mining by removal of the overburden and
extraction of natural mineral deposits thereby
exposed by any method including; open pit
mining operations, auger mining operations,
processing, surface impacts of underground
mining, production of surface mining refuse
and the construction of adjacent or off-site
borrow pits, except those constructed for
access roads;
2. Mining which involves more
than 1,000 cubic yards of material or
excavation prior to mining of a surface area
of more than one acre.
B. Does not include:
1. The construction of adjacent
or off-site borrow pits which are used for
access roads to the surface mine.
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2. Excavations a>r�g of
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sand, gravel, clay, rock or other similar
materials conducted by a landowner
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baft. t r. or tenant on the landowner's
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property for the primary purpose of
construction, reconstruction or maintenance
of access roads and excavation or grading
operations conducted in the process of
farming or cemetery operations, on-site road
construction and other on-site construction,
or non -surface impacts of underground
mines.
3. Batching and blending of
mineral and aggregate into asphaltic concrete
or portland cement concrete.
Exhibit A - Ordinance No. 97-006 (03/05/97)
0158-
1984
EXHIBIT B
Ordinance No. 97-006
Deletions are in str'�ut, additions are redlined.
Exhibit B - Ordinance No. 97-006 (03/05/97)
0156-1985
Exhibit B - Ordinance No. 97-006 (03/05/97)
0156-1986