2002-959-Ordinance No. 2002-026 Recorded 6/25/2002REVIEWED
LEGAL COUNSEL
REV D
CODE RE IEW COMMITTEE
DESCHUTES COUNTY OFFICIAL RECORDS CJ 2002.959
MARY SUE PENHOLLOW, COUNTY CLERK
COMMISSIONERS' JOURNAL 06/15/2001 03:13:52 PM
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 17, Deschutes
County Zoning Ordinance, of the Deschutes
County Code, and Declaring an Emergency.
ORDINANCE NO. 2002-026
WHEREAS, Deschutes County has initiated an amendment to Title 17, Subdivision Ordinance, of the
Deschutes County Code (File Number TA -02-4) to establish new language allowing for the bonding of curb
requirements while the County researches methods to control storm water run-off within the La Pine Urban
Unincorporated Community (UUC), and
WHEREAS, the Deschutes County Planning Commission conducted a public hearing on the proposed
text amendment, and forwarded the proposed amendment to the Board of County Commissioners with a
recommendation that said amendment be adopted; and
WHEREAS, Deschutes County considers it necessary to amend Section 17.24, Final Plat, to include
language requiring bonding of necessary curb improvements while the County delays the requirement for curb
improvements in order to research methods to control storm water run-off for the La Pine Urban Unincorporated
Community (UUC). These items are significant to the County because they will assist with the future orderly
development of the La Pine UUC; and,
WHEREAS, because of the immediate development needs within the La Pine UUC, this ordinance is
necessary for the immediate implementation of the new language allowing for the bonding of curb
improvements within the La Pine Urban Unincorporated Community (UUC); therefore, an emergency is
declared to exist, so that this ordinance can take effect on its passage; and,
WHEREAS, after notice was given and hearing conducted on June 19, 2002 for File Number TA -02-4
before the Deschutes County Commissioners in accordance with applicable law, the Board of County
Commissioners has considered the proposed amendments; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC subsections 17.24.120(A) is amended to read as described in Exhibit
"A," attached hereto and by this reference incorporated herein, with new language underlined and language to
be deleted in str-ilk.
PAGE 1 OF 2 - ORDINANCE NO. 2002-026 (06/20/02)
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 -may of Q_� 12002.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY OREGON
TOM DE LF, Chair
--- h-
DENNIS R. LUKE, Commissioner
/'-OZ 'Wiv
MI EL A DALY, 7"missioner
Date of I st Reading: � day of , 2002.
Date of 2"d Reading: / / day ofa,4-�2002.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tom DeWolf
Dennis R. Luke
Michael M. Daly
Effective date: � day of 2.
ATTEST:
6ukA�1$0u-�—
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2002-026 (06/20/02)
EXHIBIT "A"
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, except as otherwise allowed by
DCC 17.24.120(F) below. 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 DCC
17.24.120(C), no 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 approval.
C. The restrictions of DCC 17.24.120(B)
shall not apply to a destination resort
approved under DCC 18.113, 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 DCC 17.24.120 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.
D. The County may reject an agreement
authorized by DC 17.24.120 for any
sufficient reason.
E. The applicant shall file with any
agreement specified in DCC 17.24.120 a
bond or other form of security provided
for in DCC 17.24.130.
F. Required curb improvements within the
La Pine LJUC may be bonded for un to
three (3) vears while the Countv develops
a stormwater management plan.
(Ord. 2002-026 § 1, Ord. 97-016 § 1,
1997; Ord. 93-012 § 30, 1993; Ord.
90-003 § 1, Exhibit A, 1990; Ord.
81-043 § 1, Exhibit A, § 4.050, 1981)
Page 1 of 1 — EXHIBIT "A" TO ORDINANCE NO. 2002-026 (06/19/02)