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Home My WebLink About89-008s9 -07s74 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DE REVIEWED ,..,,-_ AL CCU\SEL An Ordinance Amending_ r±• Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, as Amended, Revising Pro- visions Concerning Fill * 0095 0884 and Removal, and Declar- ing an Emergency. ---------- ORDINANCE NO. 89-008 THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. Section 8.050, Ordinance No. P1-15, Deschutes County Zoning Ordinance of 1979, as amended, Specific Use Stan- dards, is further amended to read as follows: "23. 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 following 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 remov- al. The site plan shall, at a minimum, include: 1 - ORDINANCE NO. 89-008 4995 0885 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 inform- ation which will assist in the evaluation of 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 cooperative 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 outside of the wetland, or bed and bank of the stream or river. C. That the construction or mainte- nance 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. 2 - ORDINANCE NO. 89-008 0095 08$0 e. That the impacts on fish and wildlife habitat from the fill or removal will be minimized to the greatest extent practical. The Oregon Department of Fish and Wildlife will be requested to review and comment on the applica- tion. 3. Fill or removal required for public park and recreation areas, natural and outdoor 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 federal permits will be obtained as a condition of approval of the conditional 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 natural environment, considering alternative locations in the area and methods of construction. d. That such construction and mainte- nance 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 wildlife habitat by the fill or removal will be minimized to the greatest extent practical. The Oregon Department of Fish and Wildlife will be requested to 3 - ORDINANCE NO. 89-008 0095 088 review and comment on the applca=-- -- tion. 4. Except for uses identified in subsec- tions 2 and 3 above, an application for a conditional use permit for activity involving fill or removal of material or vegetation within the bed and banks of a stream , river or wetland: a. Shall be granted only after consid- eration of the following factors: i. The effects on public or private water supplies and water quality. ii. The effects on aquatic life and habitat, and wildlife and habitat. The Oregon Depart- ment of Fish and Wildlife will be requested to review and comment on the application. iii. Recreational, aesthetic, and economic values of the af- fected water resources. iv. Effects on the hydrologic characteristics of the water body, such as direction and velocity of flow, elevation of water surface, sediment transportation capacity, stabilization of the bank, and flood hazards. V. The character of the area, considering existing stream - bank stabilization problems and fill or removal projects which have previously occurred. 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. 4 - ORDINANCE NO. 89-008 009,508% ii. That there is no practical - alternative to the proposed project which will have less impact on the surrounding area, considering the factors established in subsection 4. a. above. iii. That there will be no signifi- cant impacts on the surround- ing area, considering the factors established in subsec- tion 4. a. above. iv. That erosion will be ade- quately controlled during and after the project. V. That vegetation will maintain the essential character, quality, and density of existing growth. Additional vegetation shall be required if necessary to protect aquatic life habitats, func- tions of the ecosystem, wildlife values, erosion 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 easement, as defined in Section 1.030 (25B) of this Ordinance, 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 2. Notwithstanding the provisions of Section 19 of Ordinance No. 82-011, the Deschutes County Land Use Procedures 5 - ORDINANCE NO. 89-008 0095 iis/ Ordinance, an application for a fill and removal conditional use permit which was denied may be re -submitted within six months of such denial if the application was: 1. accepted by the Planning Division on or after January 1, 1988; and 2. denied due to the applicant's failure to submit a letter from the Oregon Department of Fish and Wildlife as required by former Section 8.050 23.A.1.d. of Ordinance No. PL -15. Section 3. 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 ff %day of tom, 1989. ATT Recording Secretary 6 - ORDINANCE NO. 89-008 BOARD OF COUNTY COMMISSIONERS OF IASCHUTES . COU, OREGON LORA^ IS OW PRANTE, Chair U"( TOM TOOOPr unissionerw DICK HAMLIN, Ccbmissioner