Ord 1312 - Laserfiche WebLink

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including their heirs, assigns and lessees do hereby accept the potential impacts from farm and forest practices as normal and necessary and part of the risk of establishing a dwelling, structure or use in this area, and Uwe acknowledge the need to avoid activities that conflict with nearby farm or forest uses and practices I/we will not pursue a claim for relief or course of action alleging injury from farming or forest practice for which no action is allowed under ORS 30.936 or 30.937." To ensure compliance with this previous condition, the Board imposes Condition No. 10. Therefore, the Board finds that it is feasible for this condition to be met. 11. No structures to be located closer than 200 feet to any land designated as Forest land in the Marion County Comprehensive Plan. A forest reserve shall be provided within 100 feet of the adjacent parcels in forest use wherein all natural vegetation and timber shall be retained except as provided in the fire hazard management plan or approved by Marion County. A 200-foot setback for portions of the property adjacent to forest land has been designed into the project. Within this setback, the outer 100 feet will be left in natural timber and under-story vegetation except as described in the Fire Hazard Management Plan. The site topography does require slight encroachment of roadways and parking lots into the 100-foot natural area to provide circulation and access to the condominiums and single-family lots, for which approval is requested. Water tanks may also be placed within the buffer area. The Board finds that these encroachments will not compromise the protection of timber resources or the implementation of the Fire Hazard Management Plan. Therefore, the Board interprets this original condition of approval as allowing such limited exceptions and finds that it is feasible for the subdivision to comply with this condition. To ensure compliance, the Board imposes Condition No. 16. 12. A fire truck and related equipment necessary to control structural fires shall be provided by the developer and maintained by the homeowners association. People trained in structural fire fighting and use of the equipment shall be available to respond to emergencies. The Board relies on the evidence in the record, including applicant's submittal, dated December 11, 2007, which included the "Elkhorn Golf Resort Fire Mitigation Plan" that has been approved by Oregon Department of Forestry and the Stayton Fire Department. The Board finds that it is feasible to meet this condition of approval. 13. A forest fire management program shall be prepared and implemented continuously by the homeowners association. The program shall be approved by the State Department of Forestry and a copy be provided for the subdivision file. The Board relies on the evidence in the record, including the testimony of the applicant, that the Owners Association will prepare and implement a Community Wildfire Protection Plan(CWPP)based on the guidelines developed by the Oregon Department of Forestry to meet the requirements of the Healthy Forest Restoration Act (HFRA). The Board finds that it is feasible for this condition to be met. To ensure compliance, the Board imposes Condition No. 17. -30-