Item B: Ordinance Concerning Goal 5 Natural Resources Study

Home Browse Search

Ordinance - 9 NO.1 10/18/05 (3)(d) of this section for maintenance, repair and reconstruction activities that are subject to the standards review process. (0) Emergency repair of a failing sloDe or eroding channel bank, provided that, within one week of commencing the repair work, the owner of the subject property submits to the planning director a written evaluation of the bank failure prepared by a certified engineer that includes: 1. A description of the location, extent and probable cause of the slODe or bank failure, 2. A determination that the slODe or bank failure constitutes an emergency and threatens public safety or the structural integrity of an adjacent or downstream legally constructed structure, 3. A declaration that immediate repair of the slODe or bank failure is necessary to protect public safety or the structural integrity of structure(s) described under subsection 2. 4. A statement that the method of repair will minimize impacts to riparian and in-stream habitat to the greatest extent practicable. Consistency with the provisions of this subsection do not exempt the property owner from state or federal laws or regulations that protect wetlands, waterways or other natural resources. (3) Uses Subject to Standards Review Within /WR Conservation Areas. Except as prohibited by subsection (4), or as excepted under subsection (5), within /WR conservation areas, the following uses are permitted, subject to the standards review process beginning with EC 9.8460 in which consistency with the specific standards referenced for each use below shall be used as the criteria for approval. (a) Realignment and reconfiguration of channels and pond banks. Subject to EC 9.4980 /WR Water Resources Conservation Overlay Zone DeveloDment Standards (2) through (5). (b) Construction of public improvements (including but not limited to streets, bridges, paved bikeways and pedestrian paths, and public utilities) required by this land use code or specified in adopted plans. Subject to EC 9.4980 /WR Water Resources Conservation Overlay Zone DeveloDment Standards (1) through (11). (c) Construction of public access facilities and information and interpretation facilities on public lands where it is demonstrated that public access must be controlled in order to protect the resource. Subject to EC 9.4980 /WR Water Resources Conservation Overlay Zone DeveloDment Standards (1) through (11). (d) Maintenance, repair, and reconstruction of utility facilities existing as of IDA TE OF ADOPTION] within /WR conservation areas of Category A, B, C, or D streams or Category A, B, or C wetlands, where such action will involve excavation or ground disturbance within the /WR conservation area of more than 500 square feet, and where the footprint of above-ground facilities will not be expanded. For purposes of this subsection, agencies or entities that manage and maintain utility facilities may make application for individual actions or may submit an application for approval of a maintenance, repair and reconstruction program, such that all activities