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1997-22799-Ordinance No. 97-035 Recorded 6/26/1997�� REVIEWID 9'7-'2'799 of 62-:-0516 LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COON I Y, An Ordinance Amending Deschutes County * -97 8� Code Title 17 section 17.48.175, and Declaring an Emergency. ORDINANCE NO. 97-035 f_ WHEREAS, The Board of County Commissioners has determined that to comply with Periodic Review and OAR Chapter 660-22, amendments to the Deschutes County Comprehensive Plan are required; and WHEREAS, after notice and hearing as required by law, the Board of County Commissioners has considered the recommendation of the Planning Commission, now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ORDAINS as follows: Section 1. ADOPTION OF AMENDMENTS TO CHAPTER 17.48.175 OF COUNTY CODE. Section 17.48.175, of the County Code, "Road Development Requriements - Standards," is amended to read as shown in Exhibit "A" attached hereto and by this reference incorporated herein, with new language set forth as underlined type and deleted language in strikeout. Section 2. FINDINGS. Findings to support this ordinance are set forth in the findings supporting Ordinance No. 97-031 and attached thereto as Exhibit "C" which findings are incorporated by reference herein. Section 3. CODIFICATION. Legal Counsel or the Code Book Review Committee shall have the authority to format the provisions contained herein in a manner that will integrate them into County Code consistent with the prescribed form and style for ordinance codification. Such codification shall include the authority to make format changes, to make changes to numbering systems and to make such numbering changes with interrelated code sections. In addition, as part of codification of these ordinances, Legal Counsel or the Code Book Review Committee may insert appropriate legislative history references. 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 proper style without action of the Board of County Commissioners. Section 4. CORRECTIONS. This ordinance may be corrected by order of the Board of County Commissioners to cure editorial and clerical errors and to insert appropriate legislative history references. Section 5. REPEAL OF ORDINANCES AFFECTING EXISTING LIABILITIES. The repeal express or implied, of any ordinance, ordinance provision, code section or any map or line on a map by this ordinance shall not release or extinguish any duty, condition, penalty, forfeiture, or liability incurred under such ordinance, unless a provision of this 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, for the EC JUN ` 1997 ✓l'Y ` . PAGE 1 OF 2 - ORDINANCE No. 97-035 (6/25/97) 0162-051'7 of authorizing the prosecution, conviction and punishment of the person or persons who violated the repealed ordinance. Section 6. SEVERABILITY. The provision of this ordinance are severable. If any section, sentence, clause or phrase of this ordinance or any exhibit or any exhibit thereto is found to be invalid by a court of competent jurisdiction that decisions shall not affect the validity of the remaining portions of this ordinance. Section 7. EMERGENCY. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and the this ordinance takes effect on this passage. Dated this day of , 1997. BOARD OF COUNTY COMMISSIONERS OF DESC1 UTES COUNTY, OREGON NANCY P(VE SCHLANGEN, Chair NIPPER, Comm A SWEARIWEN, ST: yl_ . M, Recording Secretary PAGE 2 OF 2 - ORDINANCE No. 97-035 (6/25/97) Exhibit "A" to Ordinance 97-035 17.48.175. Road development requirements - Unincorporated communities. A. Standards. 1. In the areas zoned Urban Unincorporated Community -Commercial or Rural Service Center in La Pine, and -r: male, all roads shall be improved with curbs and sidewalks and to the width specified for the applicable urban classification in Table A of this title. 2. For areas zoned Urban Unincorporated Community -Industrial or Rural Industrial (RI) all roads shall be improved to the width specified for the applicable urban classification in Table A; no curbs or sidewalks are required. 3. For the areas designated residential within Urban Unincorporated Communities or zoned Rural Service Residential (RSR -M and RSR -5), all roads shall be improved with curbs and sidewalks if the density of development is greater than 2.2 dwelling units per acre. If the density is 2.2 dwelling units per acre or less, the adjacent roads shall be improved with curbs and to the width, without sidewalks, specified for the applicable urban classification in Table A of the title. 4. In the Terrebonne Rural Community, all improvements to the public road rights-of-way shall conform to the road development standards contained in Title 18, section 18.66.070 of this code, except for improvements to roads servicing mss -parcels of 10 acres or greater created by a partition. 5. In the Tumalo Rural Community, all improvements to the public rits-of-wa shall conform to the road development standards contained in Title 18, section 18.67.080 of this code, except for improvements to roads servicing parcels of 10 acres or greater created by a partition. 0162'0518 63. No curbs or sidewalks are required in the rural service centers of Alfalfa, Brothers, Hampton, Millican, WhistleStop, Wickiup Junction, Wild Hunt, Deschutes River Woods and Spring River. B. All required road improvements shall be located on the applicant's side of the street, unless the subject property lies on both sides of the street. (Ord. 96-003 § 12, 1996; Ord. 93-057 § 1, 1993; Ord. 93-012 § 52, 1993) PAGE 1 OF 1 - ExHmrr "A" TO ORDINANCE 97-035 (6/25/97)