Item B: Ordinance Concerning Goal 5 Natural Resources Study

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Ordinance - 10 NO.1 10/18/05 consistent with the approved program would be deemed consistent with this subsection, and applications for individual actions would not be required. Subject to EC 9.4980 /WR Water Resources Conservation Overlay Zone Development Standards (2) through (5) and to the following additional standards: 1. The action is necessary in order to maintain access, maintain or improve safety, maintain proper functioning, or is required by local policies, local, state or federal regulations, or intergovernmental agreements. 2. Excavated areas shall be backfilled to the previous grade with existing native soil used for the uppermost 3 feet of backfill whenever possible and in no case less than the uppermost 2 feet of backfill. 3. Except for emergency repairs, maintenance, repair and reconstruction of utility facilities shall be planned and timed to minimize adverse impacts to wildlife and habitat within a /WR conservation area. Emergency repairs shall meet the requirements of 9.4930(2)(0). 4. Utility agencies and their agents shall use the best feasible technology to pinpoint the location of needed repairs to underground utilities prior to excavation in order to limit the area of impact. (e) Construction of new underground utility lines within /WR conservation areas of Category A, B, C, or D streams or Category A, B, or C wetlands. Subject to EC 9.4980 /WR Water Resources Conservation Overlay Zone Development Standards (2) through (5) and to the following additional standards: 1. No reasonable alternative routes exist to provide service to an unserved area or to connect to an existing line. 2. Routing of new utility lines shall be designed so as to minimize adverse impacts to habitat within the /WR conservation area to the greatest extent practicable. 3. Excavated areas shall be backfilled to the previous grade with existing native soil used for the uppermost 3 feet of backfill whenever possible and in no case less than the uppermost 2 feet of backfill. 4. Construction of new utility facilities shall be planned and timed to minimize adverse impacts to wildlife and habitat within a /WR conservation area. 5. Impacts to plant species listed as threatened or endangered by the Oregon Department of Agriculture or the U.S. Fish and Wildlife Service shall be avoided. (f) Wetland or riparian area enhancement, restoration or creation activities. Subject to EC 9.4980 /WR Water Resources Conservation Overlay Zone Development Standards (2) through (5). (g) Construction of stormwater quality treatment facilities that do not discharge into a stream or wetland within the /WR conservation area and that do not include adding impervious surfaces. Subject to EC 9.4980 /WR Water Resources Conservation Overlay Zone Development Standards (2) though (5).