Chapter 18.45
DREDGE MATERIAL DISPOSAL SITE PROTECTION OVERLAY ZONE (DMD)
Sections:
18.45.020 Designation of dredge material disposal sites.
18.45.030 Uses permitted in a DMD zone.
18.45.040 Determination of preemptive uses.
18.45.050 Removal of dredged material disposal site designation.
18.45.060 Agency notification.
18.45.010 Purpose.
It is the intent of this overlay zone to designate dredged material disposal sites in the city with respect to present and expected water-dependent development and navigational access requirements and to protect these sites for dredge material operations. [Ord. 290 § 3(3.070), 2006.]
18.45.020 Designation of dredge material disposal sites.
The DMD overlay zone shall be designated on Garibaldi land use and zoning maps and shall conform to the dimensions of the priority DMD site(s) specified in the Tillamook County dredge material disposal plan as being acceptable for dredge material disposal. Subsequent revisions to the Tillamook County dredge material disposal plan shall be recorded by an amendment to the land use and zoning map. [Ord. 290 § 3(3.070(1)), 2006.]
18.45.030 Uses permitted in a DMD zone.
Dredge material disposal is a permitted use in the DMD zone. In addition, only those uses and activities allowed in the underlying zone that do not preempt the site's future use for dredge material disposal are allowed. (Refer to GMC 18.45.040.) Such uses and activities are subject to the requirements of the underlying zone. [Ord. 290 § 3(3.070(2)), 2006.]
18.45.040 Determination of preemptive uses.
Incompatible or preemptive uses of the dredge material disposal sites are:
A. Uses requiring substantial structural or capital improvements (e.g., construction of permanent buildings).
B. Uses that require extensive alteration of the topography of the site, thereby reducing the potential usable volume of the dredged material disposal area (e.g., extensive site grading, elevation by placement of fill materials other than dredged spoils).
C. Uses that include changes made to the site that would prevent expeditious use of the site for dredge material disposal. Such uses would delay deposition of dredged materials on the site beyond the period of time commonly required to obtain the necessary federal, state and local dredging and spoil disposal permits (approximately 90 days). [Ord. 290 § 3(3.070(3)), 2006.]
18.45.050 Removal of dredged material disposal site designation.
Sites may be removed by an amendment to the comprehensive plan and zoning ordinance in the following situations:
A. After a dredged material disposal site has been filled to capacity and is no longer available for additional dredged material disposal.
B. Removal of a dredged material disposal site designation before a site has been filled to capacity only if:
1. Provision is made for a replacement dredged material disposal site of suitable characteristics; or
2. The dredging need, for which the Priority I site was initially designated for dredged material disposal, is withdrawn or reevaluated. [Ord. 290 § 3(3.070(4)), 2006.]
18.45.060 Agency notification.
The following agencies shall be notified of proposed uses and activities in the DMD overlay zone:
A. The Oregon Department of Fish and Wildlife;
B. Oregon Division of State Lands;
C. Oregon Department of Land Conservation and Development;
D. Oregon Department of Economic Development;
E. U.S. Fish and Wildlife Service;
F. Environmental Protection Agency;
G. U.S. Army Corps of Engineers; and
H. The Port of Garibaldi. [Ord. 290 § 3(3.070(5)), 2006.]