2004-701-Ordinance No. 2004-007 Recorded 4/15/2004REVIENYED
CL
LEGAL COUNSEL
REVIEWED
CODE REVIEW COMMITTEE
DESCHUTES
COUNTY CLERKS Y�1 �OO�'�Q�
NANCY
COMMISSIONERS' JOURNAL
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041151200412;11;50 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Chapter 11.12 of the
Deschutes County Code, Transferable Development
Credit Program, To Remove the Requirement for the
Conveyance of a Bargain and Sale Deed Upon
Purchase of a Transferable Development Credit, and
Declaring an Emergency.
* ORDINANCE NO. 2004-007
WHEREAS, the Deschutes County Comprehensive Plan states that a goal of the Transferable
Development Credit (TDC) Program is to reduce groundwater contamination by minimizing the installation of
new septic systems in South Deschutes County; and
. WHEREAS, DCC Chapter 11.12, TDC Program, requires that a Bargain and Sale Deed, as well as a
Restrictive Covenant, be recorded as a condition of sale for a transferable development credit; and
WHEREAS, it has come to the attention of Deschutes County that the Bargain and Sale Deed prevents
the owner from refinancing or selling the property without the County first relinquishing its right of ownership;
and
WHEREAS, the Restrictive Covenant alone is sufficient to prevent the installation of a septic system
without conveying the ownership rights and attendant problems created by a Bargain and Sale Deed; and
WHEREAS, the Transferable Development Advisory Committee convened on March 16, 2004, to
consider changes to DCC Chapter 11.12, and recommends to the Board of County Commissioners that DCC
Chapter 11.12 be amended to eliminate the need for a Bargain and Sale Deed when completing a TDC
transaction; and
WHEREAS, after notice and hearing on April 14, 2004, as required by law, the Board has considered
the recommendation of the TDC Advisory Committee; now, therefore.
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Chapter 11.12 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 stfikethr-ough.
PAGE 1 OF 2 - ORDINANCE NO. 2004-007 (04/14/2004)
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 14 day of 12004.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Date of 1" Reading:
day of , 2004.
Date of 2nd Reading:
day of '2004.
Record of Adoption Vote
Commissioner
Yes No Abstained Excused
Michael M. Daly
✓
Tom DeWolf
Dennis R. Luke
✓
Effective date:
' L+ day of , 2004.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2004-007 (04/14/2004)
EXHIBIT "A"
Chapter 11.12. TRANSFERABLE
DEVELOPMENT
CREDIT PROGRAM
11.12.010. Definitions.
11.12.020. TDC transactions.
11.12.030. TDC sending area eligibility
criteria.
11.12.040. TDC Advisory Committee
11.12.010. Definitions.
As used in DCC 11. 12, the following words
and phrases shall mean as set forth in DCC
11.12.010.
"Certificate of . TDC Purchase" means a
certificate from Deschutes County that
documents the purchase of a TDC(s)-b"
ver -sen or- entity other-4han the Ceeffty.
"Department" means, for purposes of this
chapter, the Deschutes County CommunitX
Development Department.
"Restrictive Covenant" means a legal
instrument which places restrictions on future
development on a lot or parcel of land in a
sending area.
"High Priority Deer Migration Corridor
Area" means the area mapped in 2000 by the
Oregon Department of Fish and Wildlife
which shows the area of priority protection
for migrating mule deer within a larger
migration corridor acknowledged under
statewide planning Goal 5. A copy of this
map is on file with the Community
Development Department.
"Net developable acre" means the acreage in
a tract of land in a receiving area calculated
by subtracting the acreage reserved for
collector road right-of-way and community
parks and open space from the gross acreage
of a subject tract.
GGll�a____ A ______ ___ 99 ._______ tel__ 1____1
willing-sellerat a
ei4faet ex-ptfes.
"Receiving area" means the area designated
by the County where transferable
development credits are required in order to
purchase and develop a tract of land.
GGSales „
means the legal eantmet
aeknewledging- the—sale—of TDC9 fr-e
willing sellef to a willing buyef with
tsaetieri:
"Sending Area" means the area designated by
the County in which transferable
development credits may be sold in exchange
for a permanent restrictive covenant.
"TDC Report" means a report from a title
company verifying title to and encumbrances
on the subject property_
"Transferable Development Credit" (TDC)
means the credit given for a restrictive
covenant granted to Deschutes Countv
restricting
that disallows—the placement of a septic
system. on the subject propert (. n e
pr - y.
PAGE -1 of 5 — EXHIBIT "A"ORDINANCE NO. 2004-007 (04/14/2004)
rN
"High Priority Deer Migration Corridor
Area" means the area mapped in 2000 by the
Oregon Department of Fish and Wildlife
which shows the area of priority protection
for migrating mule deer within a larger
migration corridor acknowledged under
statewide planning Goal 5. A copy of this
map is on file with the Community
Development Department.
"Net developable acre" means the acreage in
a tract of land in a receiving area calculated
by subtracting the acreage reserved for
collector road right-of-way and community
parks and open space from the gross acreage
of a subject tract.
GGll�a____ A ______ ___ 99 ._______ tel__ 1____1
willing-sellerat a
ei4faet ex-ptfes.
"Receiving area" means the area designated
by the County where transferable
development credits are required in order to
purchase and develop a tract of land.
GGSales „
means the legal eantmet
aeknewledging- the—sale—of TDC9 fr-e
willing sellef to a willing buyef with
tsaetieri:
"Sending Area" means the area designated by
the County in which transferable
development credits may be sold in exchange
for a permanent restrictive covenant.
"TDC Report" means a report from a title
company verifying title to and encumbrances
on the subject property_
"Transferable Development Credit" (TDC)
means the credit given for a restrictive
covenant granted to Deschutes Countv
restricting
that disallows—the placement of a septic
system. on the subject propert (. n e
pr - y.
PAGE -1 of 5 — EXHIBIT "A"ORDINANCE NO. 2004-007 (04/14/2004)
(Ord. 2004-007 § 1, 2004; Ord. 2002-010 § 1,
2002)
This
11.12.020. TDC transactions.
An TDC's --My be-eenveved-te
eerrtr&e4 will -state the
eensideratien sum —rev
aagFeedzlffl� het;'AAeez; tlp G
lei
AB.—Sale of TDCs from the Sending
Area. The following procedures shall be
followed wherifor a property owner
desires -to sell TDCs from an eligible lot
c.- Upon Department review and
or parcel in the Sending Area to
approval of the TDC report and
Deschutes County or other TDC
receipt of payment of the
purchaser:
consideration in accordance with
the County's agreement with the
1. -The property owner or any other
property owner or the TDC
interested person i3t irei.,.ser er the
Contract pursuant to DCC
C=BE shall request verification from
11.12.010A.3.b.. Tthe County
the County that the subject property
willshall prepare a Restrictive
is eligible for a TDC.
Covenant that restricts
2. -The department shall send
development on the subject
the property owner or interested
property. —This Restrictive
person written verification to--tlre
covenant shall be signed bwthe
onfirnung
County and the property owner.
the number of TDCs the subject
The County shall record the
properti�eligible for based on the
Restrictive Covenant. ^--�=
criteria in DCC 11.12.030.
may be in the ferra of a;ef
time ef fimdq—tshall e the
*h� €eVerifieation
letter TDC nepAraet and/of
vestrie.'ve .even,#
preverty e-�`
-d. -Contemporaneously with the
3: -Upon mutual agreement of a sale
recording of the Restrictive
between the property owner and.
Covenant. Count shall provide
TDC purchaser, the following
the TDC purchaser with
transactions shall occur:
documentation of the TDC
purehase.aA Ge,...r.gate ef `'RG
a. -The property owner shall
Purehase i�;saed-te
provide a TDC Report to the
'►-PG -- fehaser if ether th fi the
Dqpartment.A TDC Reqeq4 shall.
County. to serve as pf2pf eff
TDC e -shif3:
This revert shall be ffm6fAained
filed with and e7 L.=. t1
Eerrnt�
b. If the TDC purchaser is other
request that the Ceunty ieri�
eligible,the • mbe- e f T-DGs f r
than the County-, then the
whieh the pfeperty is eligible
property owner and TDC
2. The GeufAy shah send wr-W
purchaser shall sign a TDC
verifieatiert to the Seller of the
Contract form provided by the
ffamber of TDCs f r- == h eh the
County.wiil be erAered—irate
subjee4 property is eligible based
PAGE -2 of 5 - EXHIBIT "A"ORDINANCE NO. 2004-007 (04/14/2004)
EXHIBIT "A"
PAGE 3 of 5 EXHIBIT "A"ORDINANC.E NO. 2004-007 (04/14/2_ 004
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PAGE 3 of 5 EXHIBIT "A"ORDINANC.E NO. 2004-007 (04/14/2_ 004
DB.Tr---Assigmment of TDCs to the
Receiving Area. Prior to tentative plat
Approval in the Receiving Area, �he
Department must have record of the
required number �f TDCs purchased and
,..e—available for transfer to 44e
developw&FA of afly let in the Reeei-A
At -ea, T-DGs shed! be tfansfeffed by a
a rs{..tl, 1 e e,, by the Ge ea tract
deed,
or lot meeting the following criteria
within the receiving area:
1. The tract or lot shall be located
within the La Pine Neighborhood
Planning Area in the La Pine Urban
Unincorporated Community and be
zoned Residential General or
Residential Center. The TDC
receiving area is identified on a map
prepared and maintained by the
Community Development
Department.
2. TDCs shall be'f. n4effed-assigned to
a lot or tract based on the net
developable acres at a rate approved
by Board of County Commissioner
Resolution.
3. The Board may, by Resolution,
adjust the number of TDCs required
per acre or alter the factors for which
TDCs are required in the receiving
area.
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C. Non -Residential Uses. Where permitted.
under DCC 18.61.050, non-residential
uses in the receiving area do not require
TDCs.
D. Right to Develop. If an owner of a lot or
parcel of land eligible for a TDC chooses
not to participate in the TDC program,
the owner shall not be restricted from
developing said lot or parcel in
accordance with the applicable zoning
standards in DCC Title 18, and any other
applicable regulations; rules or standards.
(Ord. 2004-007 § 1, 2004; Ord. 2002-010 § 1,
2002)
11.12.030. TDC sending area eligibility
criteria.
A. A lot or parcel that meets the following
criteria is eligible to receive a
Transferable Development Credit. The
lot or parcel shall:
1. Be located within the TDC "sending
area" identified on a map prepared
and maintained by the Community
Development Department;
2. Be no greater than two acres in area;
3. Be capable of being served by an on-
site sewage disposal system that
meets current Oregon Department of
Environmental Quality standards, as
demonstrated by a satisfactory
feasibility evaluation for an on-site .
sewage disposal system or when the
lot or parcel is shown as being
eligible for such system on the TDC
sending area map; and
-54. Not be developed with an existing
sewage disposal system, or if
developed with an existing sewage
disposal system, the landowner shall
disable said system.. or
35-.- Mas Have received prior
approval for a site evaluation or an
PAGE -4 of 5=EXHIBIT "A"ORDINANC.E NO. 2004-007 (04/14/2004)
EXHIBIT "A"
installed septic system that has
expired or is no longer valid„—�
B. TDCs shall be assigned to an eligible lot
or parcel that meets the criteria in DCC
11.12.04730(A), as follows:
1. An eligible lot or parcel shall receive
one TDC.
2. An eligible lot or parcel located in
the High Priority Deer Migration
Corridor Area shall receive an
additional one-half TDC.
3. The Board of County Commissioners
may by Resolutionrevise the number
of TDCs assigned or the factors for
which TDCs are assigned to eligible
lots or parcels in the sending area.
(Ord. 2004-007 § 1, 2004; Ord. 2002-010 § 1,
2002)
11.12.040. TDC Advisory Committee.
A. Purpose. The TDC Advisory Committee
is an advisory committee whose purpose
is to assist staff in implementing the TDC
program and to recommend to staff the
means to accomplish the goals of
Regional Problem Solving insofar as the
transfer of development credits from the
sending area to the receiving area are
concerned.
B.
Duties. The committee will advise staff
in evaluating the TDC program for
record keeping accuracy, determine if
program goals are being met, consider
whether any changes to . the TDC
allocation criteria in the sending area or
TDC requirements in the receiving area
are advisable, or if any other revisions to
the program are warranted. The
committee may assist the County in
determining which TDC options to
exercise.
C. Committee member terms. Committee
members will be selected by staff based
on the knowledge and expertise that each
member may contribute to the
development of the TDC Program. One-
half the initial members shall serve for
one year and one-half shall serve for two
years. Thereafter, members shall serve
two-year terms. Members may be
requested to serve additional terms. Staff
shall report the membership of the TDC
Advisory Committee to the Board of
County Commissioners on an annual
basis.
D. Committee members. The TDC
Advisory Committee may include a
representative from each of the following
organizations, agencies or professions:
1. The International Society of
Appraisers or an Oregon State
Certified Appraiser;
2. A firm established for the purpose of
real estate development or the
representation of development
interests;
3. An individual with recognized
expertise in hydrology or ground
water;
4. An individual with recognized
expertise in big game wildlife
management;
5. The Community Solutions Team for
Central Oregon;
6. An individual who resides in the
designated sending area;
7. A member of the La Pine
Community Action Team;
8. The Deschutes County Community
Development Department Director or
designee as an ex officio member.
9. Staff may select additional members
as it deems appropriate.
10. The Deschutes County Community
Development Department Director or
designee as an ex officio member.
(Ord. 2003-033 § 1, 2003; Ord. 2002-010 § 1,
2002)
PAGE -5 of 5 — EXHIBIT "A"ORDINANC.E NO. 2004-007 (04/14!2004