Chapter 18.50
SENSITIVE BIRD HABITAT OVERLAY ZONE
Sections:
18.50.020 Definition of nest sites.
18.50.030 Development and uses permitted.
18.50.040 Development and use criteria.
18.50.010 Purpose.
The purpose of the sensitive bird habitat overlay zone is to ensure that habitat areas identified as critical for the great blue heron are protected from the effects of conflicting uses or activities. This objective shall be achieved through the development of site-specific management plans that ensure that proposed uses and activities will neither destroy nor result in the abandonment of sensitive bird habitat areas. [Ord. 290 § 3(3.075(1)), 2006.]
18.50.020 Definition of nest sites.
All great blue heron rookeries identified in the comprehensive plan shall be subject to the requirements of the sensitive bird habitat overlay zone. When additional sites are identified by the Oregon Department of Fish and Wildlife they shall be added to the comprehensive plan, and become subject to the requirements of the sensitive bird habitat overlay zone. [Ord. 290 § 3(3.075(2)), 2006.]
18.50.030 Development and uses permitted.
Uses permitted in the underlying zone(s) are permitted or conditionally permitted in the sensitive bird habitat overlay zone subject to the additional procedure and requirements of GMC 18.50.040. The overlay zone does not regulate forest practices. Requirements of the Forest Practices Act will be applied to sensitive bird habitat located on forest lands outside the urban growth boundary through the requirements of the Oregon Department of Forestry. [Ord. 290 § 3(3.075(3)), 2006.]
18.50.040 Development and use criteria.
The following review procedure and criteria shall apply:
A. The review procedure is initiated when Garibaldi receives a request for a permit that may affect a sensitive bird habitat.
B. A proposed use or activity involving road building or land clearing is considered to have the potential for affecting a sensitive bird habitat if it is located within 600 feet of a heron rookery. All other uses or activities are considered to have the potential for affecting a sensitive bird habitat if it is located within 300 feet of a heron rookery.
C. If a proposed use or activity meets the locational criteria of subsection B of this section, Garibaldi shall notify the Oregon Department of Fish and Wildlife and the person proposing the use or activity.
D. Upon notification, the Oregon Department of Fish and Wildlife shall review the proposed use or activity and make a determination of whether the use or activity has the potential for adversely affecting a sensitive bird habitat area. In making this review and determination, the Oregon Department of Fish and Wildlife shall consult with the affected landowner(s), the city of Garibaldi and appropriate state agencies. The determination shall be completed within 10 working days of the receipt of notice from Garibaldi.
E. If the Oregon Department of Fish and Wildlife determines that the sensitive habitat will not be affected, it shall so notify the city of Garibaldi and the city may proceed with the processing of the permit application.
F. If the Oregon Department of Fish and Wildlife determines that a sensitive habitat would be affected, the person proposing the use or activity shall prepare a site-specific habitat protection plan. The plan shall demonstrate that the proposed development can be accomplished without conflicting with or jeopardizing the sensitive bird habitat area. The plan shall consider nesting trees, critical nesting periods, roosting sites and buffer areas. The habitat protection plan shall be prepared in cooperation with, and approved by, the Department of Fish and Wildlife.
G. The city shall incorporate the requirements of the Oregon Department of Fish and Wildlife approved habitat protection plan into any action it takes on the proposed development. [Ord. 290 § 3(3.075(4)), 2006.]