1997-08784-Ordinance No. 97-016 Recorded 3/14/19979:-OS7S40156-2210 i
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Section 17.24.120
of the Deschutes County Code, to Exempt *9 7{,. s + f 18
Destination Resorts from that Section
and Declaring an Emergency
ORDINANCE NO. 97-016
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Amendment. Section 17.24.120, "Improvement
Agreement", is amended to read as set forth in Exhibit "A" attached
hereto and incorporated herein, with new language set out in bold and
language to be deleted is in strike -out.
Section 2. Severability. The provisions of this ordinance are
severable. If any section, sentence, clause or phrase of this
ordinance is adjudged to be invalid by a court of competent
jurisdiction, that decision shall not affect the validity of the
remaining portions of this ordinance.
Section 3. Codification. County Legal Counsel shall have the
authority to format the provisions contained herein in a manner that
will integrate them into the County Code consistent with the Deschutes
County Form and Style Manual for Board Documents. Such codification
shall include the authority to make such changes, to make changes in
numbering systems and to make such numbering changes consistent with
interrelated code sections. In addition, as part of codification of
these ordinances, County Legal Counsel may insert appropriate
legislative history reference. Any legislative history references
included herein are not adopted as part of the substance of this
ordinance, but are included for administrative convenience and as a
reference. They may be changed to correct errors and to conform to
property style without action of the Board of County Commissioners.
Section 4. Repeal of Ordinances as Affecting Existing
Liabilities. The repeal, express or implied, of any ordinance,
ordinance provisions, code section, or any map or any line on a map
incorporated therein by reference, by this amending ordinance shall
not release or extinguish any duty, condition, penalty, forfeiture, or
liability previously incurred or that may hereafter be incurred under
such ordinance, unless a provision of this amending ordinance shall so
expressly provide, and such ordinance repealed shall be treated as
still remaining in force for the purpose of sustaining any proper
action or prosecution for the enforcement of such duty, condition,
penalty, forfeiture, or liability, and for the purpose of authorizing
the prosecution, conviction and punishment of the person or person
who previously violated the repealed ordinance.
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Page 1 - Ordinance No. 97-016 (March 12, 1997) x iJ9 P�` ,
,Section 5. Emergency. This ordinance being necessar for the
immediate preservation of the public peace, health a���f� r {n
emergency is declared to exist, and this ordinance takes e e t s
passage.
DATED this / day of 1997.
A
Recording Secre ry
/slr-01/97
' • L. :• • r"*i� o
•
LINDA L. SWEARINGEN, Commissioner
Page 2 - Ordinance No. 97-016 (March 12, 1997)
Exhibit A to Ordinance 96-016
17.24.120. Improvement agreement.
A. The subdivider may, in lieu of
completion of the required repairs to existing
streets and facilities, and improvements as
specified in the tentative plan, request the county
to approve an agreement between himself and the
county specifying the schedule by which the
required improvements and repairs shall be
completed; provided, however, any schedule of
improvements and repairs agreed to shall not
exceed one year from the date the final plat is
recorded. The agreement shall also provide the
following:
1. A list of all the contractors who will
construct or complete the improvements and
repairs;
2. The cost of the improvements and
repairs;
3. That the county may call upon the
security for the construction or completion of the
improvements and repairs, upon failure of the
subdivider to adhere to the schedule for
improvements and repairs;
4. That the county shall recover the full cost
and expense of any work performed by or on
behalf of the county to complete construction of
the improvements and repairs, including, but not
limited to, attorneys and engineering fees;
5. That a one-year warranty bond shall be
deposited with the county following acceptance
of the improvements and repairs. The bond shall
be in the amount of 10 percent of the value of the
improvements.
B. Except as provided for in subsection
17.24.120(C), no N-9 building permit shall be
issued for any lot or parcel of a platted
subdivision or partition until the required
improvements are completed and accepted by the
County. One building permit for a dwelling may
be allowed for the entire parent parcel of a
subdivision or partition prior to final plat
approval, provided there are no other dwellings
on the subject property, all land use approvals
have been obtained and the siting of the dwelling
is not inconsistent with the tentative plat
0156-2212
approval.
C. The restrictions of subsection
17.24.120(B) shall not apply to a destination
resort approved under Chapter 18.113 of this
code, provided that the required fire
protection facilities have been constructed in
compliance with the master plan or tentative
plat approval and approved access roads have
been completed to minimal fire code
standards Issuance of building permits under
this subsection shall not preclude the County
from calling upon the security at a later date if
the roads are not later completed to the
standards required by the approval.
DE.The county may reject an agreement
authorized by this section for any sufficient
reason.
E44 -.The applicant shall file with any
agreement specified in this section a bond or
other form of security provided for in section
17.24.130 of this chapter. (Ord. 93-012 § 30,
1993; Ord. 90-003 § 1, Exhibit A, 1990; Ord.
81-043 § 1, Exhibit A, § 4.050,198 1)
Chapter 17.24 1-� (11/1996)