Item B: Ordinance Concerning Goal 5 Natural Resources Study

Home Browse Search

NO.1 10/18/05 legally constructed structure, 3. A declaration that repair of the slODe or bank failure is necessary to protect public safety or the structural integrity of structure(s) described under subsection 2. above, 4. A statement that the method of repair is necessary to protect public safety of the structural integrity of structure(s) described under subsection 2. above and 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. (4) Uses Prohibited Within the/WR Conservation Area. Uses that are not specifically allowed under subsections (2), (3) or (5) are prohibited within /WR conservation areas. Prohibited uses include, but are not limited to, the following: (a) Storage of hazardous or toxic materials. (b) Depositing, dumping, piling or disposal of refuse, or dumping, piling, disposing or composting of yard debris, fill, or other material except for single family residential composting, which must be kept at least 10 feet from the top of the bank of any water feature, and soils or soil amendments used for replanting in accordance with provisions of this section. (c) Construction of new septic drainfields. (d) Channelizing or straightening natural drainageways. (e) Removal or destruction of a plant species listed as threatened or endangered by the Oregon Department of Agriculture or the U.S. Fish and Wildlife Service unless written notice of the removal or destruction is provided to the city's Planning and Development Department, the Plant Division of the Oregon Department of Agriculture, and the u.S. Fish and Wildlife Service 30 days prior to the removal or destruction. Such notice shall include the location, the names of the plant species to be affected, how many plants are to be affected and the reason for the removal or destruction. (f) Filling, grading and excavating. (g) Storage of wood, other building materials, vehicles or machinery. (5) Exceptions. Activities that are explicitly authorized by a city land use approval issued prior to lDA TE OF ADOPTION] or that are necessary to carry out uses or development explicitly authorized by such an approval are exempt from the restrictions of the provisions of subsections (2), (3) and (4) of this section if the authorization is part of one of the following: (a) A site review plan; (b) A conditional use permit; (c) A tentative subdivision or tentative cluster subdivision submitted and approved after August 1,2001; (d) A green way permit; or (e) A planned unit development. 9.4940 /WR Water Resources Conservation Overlav Zone - Conveyance of Storm water Maintenance Easement. Within the /WR conservation area, the Ordinance - 12