3/27/2026 <br /> <br />4 <br />EC 9.4980(4) provides: <br />“Construction Practices. Construction within the / WR conservation area, and within <br />areas removed from the / WR conservation area shall comply with the following <br />standards: <br />a) For purposes of this subsection, heavy machinery is defined as motorized or <br />mechanized machinery or equipment capable of deliberately or inadvertently <br />damaging vegetation, or damaging or compacting soil. The following standards <br />shall apply to use of heavy machinery within the / WR conservation area: <br />1. On sites where soils are susceptible to severe compaction or structural damage <br />when wet or saturated, use of heavy machinery shall be limited to the period <br />between June 15 and September 30, unless otherwise approved by the <br />planning director. <br />2. Use of heavy machinery shall be the minimum necessary for the use or activity <br />and shall be restricted to those areas where its use is necessary.” <br /> <br />With respect to compliance with this provision, the Decision states: <br /> “The applicant' s plan does not show staging locations for machinery, and provides no explanation <br />in the written statement, likely due to the fact that the construction will utilize the proposed road <br />as the access for the site which is mostly located outside of any Conservation Area. However, <br />without that clarity in the record, the following conditions are warranted to minimize impacts to <br />areas that do not need to be impacted by heavy machinery to construct the street and stormwater <br />facility: <br />5. Prior to final site plan approval, the applicant shall submit a revised site plan that shows <br />staging area( s) for heavy machinery. Alternatively, the applicant may include a note on <br />the final site plan stating, ‘No staging areas for heavy equipment will be located within a <br />Conservation Area.’ <br />6. Prior to final site plan approval, the applicant shall submit a revised site plan that shows <br />the location of access for and use of heavy machinery within the extent of the <br />Conservation Area impacted by the construction of the road. <br />7. Prior to final site plan approval, the following note shall be added to the final site plans: <br />Heavy machinery may only be used in the / WR conservation areas between .tune 15 <br />and September 30 and will not be used outside of the area shown on this site plan for <br />staging and access to the construction impact area. <br />Based on these findings and conditions, the above standards are met.” <br /> <br />Decision, p. 15. <br />First, the Decision recognizes that the Applicant failed to provide evidence of compliance. Second, by <br />including the word “alternatively” the Decision contradicts itself with regard to Condition of Approval 7 which <br />requires a note on the site plan referring to areas that are designated as the staging areas for heavy equipment. <br />Providing a note that allows the Applicant not to designate staging areas on the site plan renders the conditions <br />of approval insufficient to ensure compliance with the provision. Regardless, without the actual evidence of