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1995-01012-Ordinance No. 94-059 Recorded 12/5/1994- REVIEWED 95-0101-2 Bw(,j BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHU 0U An Ordinance Amending Title 22, Deschutes County Development Procedures Ordinance, of the Deschutes County Code, and Declaring an Emergency. 0137 �o NMI ORDINANCE NO. 94-059 THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES ORDAINS as follows: COUNTY,,,--' OREGON, Section 1. Adoption of Section 22.36.030. Title 22, the Deschutes County Development Procedures Ordinance, of the Deschutes County Code is amended to add a new section 22.36.030, "Extensions to Avoid Environmental or Health Hazards," as follows: "22.36.030. Extensions to Avoid Environmental or Health Hazards A. In addition to extensions granted pursuant to Section 22.36.020 and notwithstanding any other provision of the Deschutes County Code, a one-time extension may be granted to a tentative plat approval and any associated land use permits regarding the time for final plat approval where conditions of the approval, or extensions thereof, require or can be read to require approvals from other agencies for sewer or water systems and (1) the applicant can show that without such extension or extensions, a health or environmental hazard or risk thereof would continue to exist, be exacerbated or likely would be created and (2) the applicant submits a time frame and plan for meeting the outstanding conditions with the concurrence of a homeowner's association having an ownership interest in project lands and such concurrence is demonstrated in the application. B. Such an extension shall be administrative, in writing, and not subject to appeal and shall, subject to the termination provisions of Subsection C of this section, be granted for a time period not to exceed one year. C. In lieu of submittal of the time frame and plan and concurrence of the homeowner's association with the application, that requirement of Subsection A of this Section may be satisfied by conditioning approval of the extension o require establishment of the agreed -to time fr, � ;-i; PAGE 1 OF 1 - ORDINANCE NO. 94-059 (12-5-94) J 101995 879,9 ,5 and plan within the first 60 days of the period, which time line and plan shall be deemed to be a condition of the approval. 0.3'7-1622 extension thereupon extension D. An extension under this section shall be conditioned upon adherence to the time lines and plan proposed in the extension application or as agreed to pursuant to Subsection C of this section. E. Failure to demonstrate compliance with any extension condition shall, after notice and hearing under this Title, result in termination of the extension granted under this section." Section 2. Emergency. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this ordinance takes effect on its passage. DATED this 5th day of December, 1994. BO D OF COUNTY COMMISSIONERS 0 DESCHUTEP--COUNTY, OREGON NANCY PO E SC LANGEN, Chair AT T: TOM ROOP, Commissioner Recording Sec re ary BARRY H. SLAUGHTER, Commissioner PAGE 2 OF 1 - ORDINANCE NO. 94-059 (12-5-94)