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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 PAGE 1 - ORDINANCE NO. 95-083 (12-6-95) EYP yE,- ?' 995 L.i %"1 10 (111118 11 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) r