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38. If approved by Marion County Public Works and ODFW, the applicant may relocate the <br /> proposed entry road into the residential area from the Forest Road to the existing unpaved road <br /> to take advantage of an existing stream crossing and thereby minimize impact to the existing <br /> stream and riparian area. <br /> 39. Applicant shall incorporate the language into the CC&Rs: <br /> (a) Indemnification of the Oregon Department of Fish and Wildlife: The lots are located in <br /> an area of known big game and furbearer animal use. By accepting a deed to a lot, each <br /> owner expressly agrees to indemnify and hold harmless the Oregon Department of Fish <br /> and Wildlife for any damage and/or inconvenience caused by these animals to persons, <br /> real property and/or personal property. This section shall not be amended, modified or <br /> appealed without the prior written consent of the Oregon Department of Fish and <br /> Wildlife. <br /> (b) Feeding and Hunting of Wildlife: Feeding and hunting of wildlife, other than bird <br /> feeders, is prohibited on the property. No owner shall feed or hunt wildlife, including <br /> big game species, within the property. All owners shall comply with this restriction and <br /> shall assure that their tenants, licensees, invitees and family members so comply. <br /> 40. Prior to approval and recording the final plat the applicant shall implement a light pollution <br /> reduction policy which ensures that all site and building luminaries produce a maximum initial <br /> luminance value no greater than 0.05 horizontal and vertical foot candles at the site boundary <br /> and beyond except as may be required to meet street/primary entry lighting and safety <br /> requirements. Lighting within the project shall be designed so that zero percent (0%) of the <br /> total fixture lumens are emitted at an angle of 90 degrees or higher from nadir(straight down). <br /> 41. Prior to approval and recording the final plat the applicant shall develop an Emergency <br /> Preparedness Plan, which includes construction of a helipad for community use, a <br /> Communication Center for use by the Stayton Fire District and the Marion County Sheriff s <br /> Office, and the maintenance and operation of back-up emergency generators. <br /> 42. The applicant may develop an education resource center as a part of the clubhouse on the <br /> property in conjunction with ODFW, the local private timber industry, and the Opal Creek <br /> Ancient Forest Center that will be open to the public. <br /> 43. The applicant shall provide on-site security staff approved by the Marion County Sheriffs <br /> Office. <br /> 44. The applicant shall contribute $15,000 to Marion County for the construction of a six-foot (6 ') <br /> high chain link fence along both sides of the concrete bridge just northeast of the property to <br /> inhibit access to the Little North Fork River if MCDPW determines that this is an appropriate <br /> project. <br /> 45. The first phase of the final plat must be filed with the Director by the first day of the 24th <br /> month following effective date of this decision. Extensions may be approved by the Director <br /> upon submittal of written justification prior to the expiration of the time limit. <br /> 7 <br />