Chapter 18.120
SENSITIVE BIRD HABITAT AREA
Sections:
18.120.010 Purpose.
The purpose of the sensitive bird habitat overlay is to ensure that sensitive habitat areas identified in the county’s Goal 5 sensitive bird inventory as critical for the survival of the bald eagle, golden eagle, prairie falcon, and sage grouse are protected from the effects of conflicting uses or activities which are not subject to the Forest Practice Act.
This objective shall be achieved by implementation of the decision resulting from the economic, social, environmental and energy (ESEE) analyses for each inventoried habitat area.
(1) Definition of Sensitive Habitat Sites. The “sensitive habitat area” is identified in the Crook County comprehensive plan inventory and site-specific ESEE for each sensitive bird site or aggregate of same species sites within close proximity. The sensitive habitat sites to be protected by the provision of this section are defined as the area:
(a) Within a radius of 1,320 feet (one-quarter mile) of a golden eagle, bald eagle or prairie falcon nest;
(b) Within a radius of 1,320 feet (one-quarter mile) of a roost area, or sage grouse site.
Inventoried sensitive habitat sites located on federal land are not subject to the provisions of this chapter unless that habitat area identified in subsection (1) of this section extends onto federal land.
(2) Limitation and Use Permitted. Uses permitted in the underlying zone(s) are permitted or conditionally permitted in the sensitive bird habitat overlay area and are subject to additional procedural and requirements of subsection (3) of this section and the provisions of the ESEE decision contained in the comprehensive plan. The sensitive bird habitat area overlay does not regulate forest practices subject to ORS 527.610 to 527.770 and the rules adopted pursuant thereto or to farm practices defined by ORS 30.947(2).
(3) Applicability. A “site plan review” is required for any proposed use or activity within a sensitive bird habitat area that is identified as a potential conflicting use in the site-specific ESEE analysis contained in the comprehensive plan.
(4) Site Plan Review Requirements.
(a) For those proposals identified as having a potential conflicting use, as stated in subsection (3) of this section, to be sited within an inventoried sensitive habitat area as defined in subsection (1) of this section, a site plan shall be prepared in accordance with the requirements of this chapter. The site plan shall be approved prior to the issuance of a building permit, and a land use decision on land division shall be required as part of the approval of the proposed conflicting uses identified in the site-specific ESEE analysis.
(b) The site plan application shall provide the following information:
(i) A plot plan showing the location of all development including existing and proposed roads, driveways, and structures.
(ii) Description of the operating characteristics of the proposed use including times when activity within the sensitive bird habitat area would generate noise, dust, vibration, lights, traffic, or be visible from the next site.
(iii) Timing of construction activities including grading or filling land, hauling materials, and building.
(iv) Description of existing vegetation and vegetation to be removed for the proposed development.
(5) The county shall submit a copy of the site plan to the Oregon Department of Fish and Wildlife for comment. ODF&W shall have 20 days from the date that the site plan is mailed to submit written comments to the county. If the county does not receive a response from ODF&W within this time period, the county shall proceed to process the applicant’s request.
(6) Based upon the record, and evaluation of the proposal based on the criteria in subsection (7) of this section, and conformance with the ESEE analysis for the site contained in the comprehensive plan, the planning director or designee shall approve or reject the site plan. The 120-day processing time limit ends at this point. In lieu of rejection of the site plan, the planning director or designee may allow the applicant to revise the site plan if the applicant has not met the standards for approval. Upon resubmission of a site plan acknowledged as complete, a new 120-day time limit begins.
(7) Site Plan Review Criteria.
(a) Approval of a site plan shall be based on the following criteria:
(i) The site plan shall consider the biology of the identified sensitive species, nesting trees, critical nesting periods, roosting sites, and buffer areas. Based on the biology of the species and the characteristics of the site, the site plan shall provide protection that will prevent destruction of the subject site and will reasonably avoid causing the site to be abandoned.
(ii) Development activities, including clearing, grading, filling, mining, construction, or other activities generating noise or dust within the sensitive habitat area shall be prohibited during the nesting season identified in the site-specific ESEE analysis and decision for each habitat site, or based on current information from ODF&W or the U.S. Fish and Wildlife Service (USFWS). An exception to this standard may be made if the ODF&W determines in writing that the nest is not active and will not become active during the proposed construction period or if monitoring the nest indicates that the fledglings are no longer using the site. Construction activities within an enclosed structure may be conducted during the nesting season. Construction activities necessary to repair an existing septic system or to replace or repair a structure destroyed by fire or other natural causes may also be conducted during the nesting season.
(iii) New roads, driveways, or public trails shall be located at the greatest distance possible from the nest site unless topographic, vegetation or structural features will provide greater visual protection and/or noise buffer from the sensitive nest site.
(iv) Existing vegetation or other landscape features that are located on the subject property and obscure the view of the nest from the proposed development shall be preserved and maintained. A restrictive covenant to preserve and maintain such vegetation may be required when specified in the ESEE for the site.
(v) No partitions or subdivisions shall be permitted which would force location of a dwelling or other structure, not otherwise permitted by the site-specific ESEE, within the designated sensitive habitat area.
(vi) All exterior lighting, including security lighting, located within the designated sensitive habitat areas shall be sited and shielded so that the light is directed downward and does not shine on the subject site.
(vii) The site plan shall conform with the requirements of the ESEE decision for the subject sensitive bird habitat area contained in the Crook County comprehensive plan.
(8) Effectiveness. The comprehensive plan and zoning map are amended to include the bird sites that have completed ESEE analysis, and this title is applicable to those sites. In regard to those sites for which ESEE’s have not been completed, no conflicting uses shall be permitted until ESEE analyses have been performed. Within 120 days from the date of the ordinance codified in this title, ESEE analyses shall be completed for those sites. (Ord. 18 § 4.220, 2003)