1995-42465-Ordinance No. 95-083 Recorded 12/7/19959r^ Arn"�
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
REVIEWED
LE COUNSEL'
DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 22, * -- ,crr.?A : ��
Deschutes County Development * - ` A
Procedures Ordinance, of the
',
Deschutes County Code and ` 1
Declaring an Emergency.
ORDINANCE NO. 95-083 A,
3�
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. AMENDMENT. Section 22.36.030, Extensions to Avoid
Environmental or Health Hazards, Deschutes County Code, is amended to
read as follows, with new material in bold faced type and deletions
shown in brackets [ ]:
"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] extensions 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] E[e]xtensions under this
section shall be administrative, in writing, and
not subject to appeal. [and shall, subject to
the] Except for termination [provisions of]
pursuant to Subsection C of this section, each
extension under this section shall 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
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of Subsection A of this Section may be satisfied
by conditioning approval of the extension to
require establishment of the agreed -to time frame
and plan within the first 60 days of the extension
period, which time line and plan shall thereupon
be deemed to be a condition of the extension
approval.
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. REPEAL. This Ordinance is hereby repealed as of
February 29, 1996.
Section 3. SAVINGS CLAUSE. Any extensions granted pursuant to
this Ordinance shall continue in full force and effect during the
period of extension, the repeal of the ordinance in Section 2 above
notwithstanding.
Section 4. 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 6th day of December, 1995.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUT OUNTY, OREGON
Y H.
, chairman
ATTEST: "NANCY -SC LANGEN, Commis�!i
�JJ
Recording Secr tart' ROB RT L. NIPPER, CominiAfoner
PAGE 2 - ORDINANCE NO. 95-083 (12-6-95)
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