33-662-Ordinance Recorded 12/5/1979rVDI 33 FACE fib
IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON
FOR DESCHUTES COUNTY
In the Matter of an Amendment )
to Deschutes County Subdivision ) AMENDMENT TO
Ordinance Allowing a Revival of ) SUBDIVISION ORDINANCE PL -2
Expired Preliminary Approvals )
by Order of the Governing Body. )
WHEREAS ORS 92.044 requires the governing body of a county to regulate
the submission and approval of tentative plans and plats of subdivisions; and
WHEREAS The Board finds that in certain individual cases a preliminary
plat approval may expire pursuant to Section 506 although all the conditions of
final approval have been met except submission of the final plat for signatures
by the various approving authorities. In the meantime, the subdivision and zoning
laws may have changed so as to require substantial rearrangement of the roads and
utilities already in place, should the developer be required to reapply. Under
such circumstances, the Board of Commissioners may find that substantial economic
waste would result if it did not have the power to revive expired preliminary plat
approvals for a limited period necessary for the developer to file his final plat.
NOW, THEREFORE, under the authority of ORS 92.044, the Board of County
Commissioners of Deschutes County ordains that the following section be added to
County Subdivision Ordinance PL -2:
SECTION 507: REVIVOR OF PRELIMINARY MAP APPROVAL BY ORDER OF
THE BOARD OF COUNTY COMMISSIONERS- Notwithstanding the provisions
of Section 506, on petition, the Board of County Commissioners
may order revivor of a preliminary map approval in a given case
where proceedings have terminated because of failure to record
the final plat, when no request for an extension has been denied
previously by the Hearings Officer, Planning Commission, or
Board of Commissioners., The Order of Revivor shall be based on
the following findings of fact:
A. That the preliminary plat approval expired and no exten-
sion was requested due to the excusable mistake or neglect of
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NO! 33 FACE 6 1
the petitioner, and
B. The petitioner presents substantial evidence that
all conditions of approval other than submission of the final
plat to the appropriate government officials had been substan-
tially met before the petitioner knew or should have known
that his preliminary map approval had expired, and
C. Since the time of preliminary map approval, the county
zoning and subdivision laws have changed in such a way as to
require substantial relocation of roads and utilities if a new
preliminary plat were filed in compliance with the requirements
of the superseding zoning and subdivision ordinances in effect
at the time of the applicant's request for a revivor order; and
that substantial economic waste which would not provide a
commensurate benefit to the county, involving destruction of sub-
stantial physical improvements and construction in place on the
premises, would occur if the subdivision were replatted in accordance
with the county ordinances in effect at the time of the petition
for a revivor order, and
D. The order for revivor will be consistent with the
acknowledged Comprehensive Plan of the County or the applicable
statewide land use goals and guidelines in effect at the time of
petition for a revivor order, and
E. No change in the condition of the neighborhood has been
discovered since time of preliminary plat approval that would
cause the development proposed in the preliminary plat approval
to have an adverse effect upon the uses of surrounding property,
and
F. No change in the condition of the neighborhood has been
discovered since time of preliminary plat approval that would cause
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VOI 3� AE 664
an adverse effect on proposed uses of the development, and
G. The subdivider has submitted a final plat complying
with the law in effect at the time of preliminary approval.
The Board of Commissioners shall hold a hearing pursuant
to County Ordinance PL -9 to determine whether the foregoing
findings of fact shall be made. If they are made, the Board's
order of revivor shall set an expiration date for the termination
of preliminary map approval only so far ahead as reasonably
necessary to allow the petitioner to secure inspections by the
government officials required to approve the final plat pre-
sented to the Board of Commissioners at the hearing on the
order of revivor.
This Section shall not apply to preliminary plat approvals
expiring before July 1, 1977.
Adopted by the Board of County Commissioners on the day of
December, 1979, to be effective on the 90th day following said adoption.
BOARD OF COUNTY COMMISSIONERS
CLAY C. SH ARD, Chairma
ALBIMT A. YOUNG, Commi46Aioner
ROBERT C. PAULSO , JR., Commis i
ATTEST`:
R SE RY PATTEI�SON
Desch tes County'Cler
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