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Dunes City City Zoning Code

RECREATIONAL VEHICLE

RV PARKS

§ 155.430 PURPOSE.

   The purpose of this subchapter is to:
   (A)   Provide rules, regulations, and standards governing the approval of recreational vehicle parks;
   (B)   Carry out the city’s development pattern, as envisioned by the Comprehensive Plan;
   (C)   Encourage efficient use of land resources, full utilization of urban services, and transportation options;
   (D)   Promote the public health, safety, and general welfare through orderly and efficient urbanization;
   (E)   Lessen or avoid traffic congestion, and secure safety from fire, flood, pollution, and other dangers;
   (F)   Provide adequate light and air, prevent overcrowding of land, and facilitate adequate provisions for transportation, water supply, sewage, and drainage; and
   (G)   Encourage the conservation of energy resources.
(Ord. 259, passed - -)

§ 155.431 GENERAL REQUIREMENTS.

   (A)   RV parks may be established in the Community Commercial (C-1) Zone on lots/parcels of five acres or more through the approval process described in § 155.432.
   (B)   RV parks approval shall be processed through a two-step process: The tentative site plan (considered using the Type III process) and the final site plan (considered using the Type II process).
   (C)   The tentative site plan must be approved before the final site plan can be submitted for approval consideration; and
   (D)   The final site plan shall address all conditions of approval of the preliminary site plan.
(Ord. 259, passed - -)

§ 155.432 APPROVAL PROCESS.

   (A)   Review of tentative site plan.
      (1)   Review of a tentative site plan for an RV park shall be processed with a Type III procedure under § 155.285.
      (2)   All tentative site plans shall be reviewed using approval criteria contained in § 155.434.
   (B)   Review of final site plan. Review of a final site plan for RV parks shall be processed by means of a Type II procedure under § 155.284, using the approval criteria in § 155.436.
   (C)   Tentative site plan approval period. The tentative site plan approval shall be effective for a period of one year from the date of approval. The tentative site plan shall lapse if a final site plan has not been submitted within a one-year period.
   (D)   Modifications and extensions. The applicant may request changes to the approved tentative site plan or conditions of approval following the procedures and criteria provided in §§ 155.370 through 155.372. The Planning Official shall, upon written request by the applicant and payment of the required deposits, grant one extension of the approval period not to exceed one year, provided that:
      (1)   Any changes to the tentative site plan follow the procedures in §§ 155.370 through 155.372;
      (2)   The applicant has submitted written intent to file a final site plan within the one-year extension period;
      (3)   An extension of time will not prevent the lawful development of abutting properties;
      (4)   There have been no changes to the applicable code provisions on which the approval was based. If such changes have occurred, a new tentative site plan application shall be required; and
      (5)   The extension request is made before expiration of the original approved plan.
(Ord. 259, passed - -)

§ 155.433 TENTATIVE SITE PLAN SUBMISSION REQUIREMENTS.

   (A)   In addition to the application submission requirements at § 155.282(D), the application to construct a new park or to expand an existing park shall be accompanied by a plot plan and six copies showing the general layout of the entire park and drawn to a scale not smaller than one inch representing 40 feet.
   (B)   The drawing shall show the following information:
      (1)   The name of the person who prepared the plan;
      (2)   The name of the park and address;
      (3)   The scale and a north point of the plan;
      (4)   A vicinity map showing the relationship of the park and adjacent properties;
      (5)   Boundaries and dimensions of the park;
      (6)   The location and dimensions of each unit site, with designation of each site by number, letter, or name;
      (7)   The location and dimensions of each existing or proposed building;
      (8)   The location and width of park streets;
      (9)   The location and width of walkways;
      (10)   The location of each lighting fixture for lighting the park;
      (11)   The location of recreational areas and buildings and area of recreational park;
      (12)   The location and type of landscaping plantings, fences, walls, or combination of any of these, or other screening materials;
      (13)   The location of the point of diversion for the water source;
      (14)   The location of the septic systems and drain fields;
      (15)   The location of public telephone service for the park; and
      (16)   An enlarged plot plan of a typical unit site, showing the location of the pad, any patio, storage space, parking area, sidewalks, utility connections, and landscaping.
(Ord. 259, passed - -)

§ 155.434 TENTATIVE SITE PLAN APPROVAL CRITERIA.

   Using the Type III process described under § 155.285, the city may approve, approve with conditions, or deny a tentative site plan based on the following approval criteria:
   (A)   (1)   The proposed tentative site plan complies with all of the applicable Development Code sections and other applicable ordinances and regulations.
      (2)   At a minimum, the provisions of this subchapter and the applicable §§ 155.050 through 155.053 and 155.185 shall apply. Where a variance is necessary to receive tentative site plan approval, the application shall also comply with the relevant provisions of § 155.450.
   (B)   The proposed site plan name is not already recorded for another park in the county west of Mapleton.
   (C)   The proposed streets, sidewalks, bicycle lanes, pathways, utilities, and surface water management facilities are laid out so as to conform or transition to the plats of subdivisions, and maps of partitions already approved for adjoining property as to width, general direction, and in all other respects. All proposed public improvements and dedications are identified on the preliminary site plan.
   (D)   Recreational vehicle (RV) park may not be created on a lot or parcel of fewer than five acres in area.
   (E)   (1)   One manufactured home site or stick built home site is allowed in the park and shall contain at least 10,000 square feet.
      (2)   Each RV site shall contain at least 2,000 square feet.
   (F)   No RV or accessory shall be located closer than 25 feet from a park property line abutting on a public street and ten feet from all other park boundary lines.
   (G)   No RV park shall be established on any site that does not have frontage on and access to a county or public street.
   (H)   (1)   There shall be one or more outdoor recreation areas easily accessible to all park residents and available for year-round recreational use in parks with 20 or more sites.
      (2)   Recreation areas shall contain a minimum of 5,000 square feet.
   (I)   Sites will be crushed rock as a minimum.
   (J)   Accessories shall be limited to awnings, cabanas, patios, carports, garages, or storage buildings. No structural additions shall be built on or become part of any recreational vehicle.
   (K)   (1)   Every RV park shall provide an ornamental, sight-obscuring fence, wall, evergreen, or other suitable screening/planting along all park boundaries except for points of ingress and egress.
      (2)   Perimeter walls or fences shall be at least six feet and less than 12 feet in height.
      (3)   Evergreen planting used as the required fencing shall be at least five feet and less than 12 feet in height, and shall be maintained in a living condition for the life of the RV park.
   (L)   (1)   One sign not exceeding 64 square feet in area will be allowed on a property under one ownership to designate the name of the RV park. The sign may be indirectly lighted, but shall be non-flashing.
      (2)   Incidental signs for the information and convenience of tenants and the public relative to parking, traffic movement, the office, lavatories, and the like are allowed, provided such signs do not exceed three square feet.
   (M)   Non-residential uses within an RV park are subject to the provisions of §§ 155.095 through 155.103.
   (N)   All RV parks shall be designed based on the need to minimize the risk of flood damage. No new site shall be created entirely within a floodway. All new sites shall be usable without requiring development within the floodway. Development in a 100-year floodplain shall comply with Federal Emergency Management Agency requirements, including filling to elevate structures above the base flood elevation. The applicant shall be responsible for obtaining such approvals from the appropriate agency before city approval of the final site plan.
   (O)   Where an RV park is located in or near areas prone to inundation, and the base flood elevation has not been provided or is not available from another authoritative source, it shall be prepared by a qualified professional, as determined by the city.
   (P)   All sites shall have adequate utilities and facilities constructed to prevent or minimize flood damage to electrical and telephone systems, and the like.
   (Q)   All RV park proposals will have adequate surface water drainage provided to reduce exposure to flood damage. Water quality or quantity control improvements may be required by the state and/or DEO.
   (R)   (1)   The city may approve a time schedule for developing an RV park in phases, but in no case shall the actual construction time period (that is, for required public improvements, utilities, or streets) for any RV park phase be greater than two years without reapplying for a tentative site plan.
      (2)   The criteria for approving a phased land division proposal are:
         (a)   Public facilities shall be constructed in conjunction with or prior to each phase;
         (b)   The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval. Temporary facilities shall be approved only upon city receipt of bonding or other assurances to cover the cost of required permanent public improvements, in accordance with § 155.308. A TEMPORARY PUBLIC FACILITY is any facility not constructed to the applicable city or zone standard;
         (c)   The phased development shall not result in requiring the city to construct public facilities that were required as part of the approved development proposal; and
         (d)   The application for phased development approval shall be reviewed concurrently with the tentative site plan application, and the decision may be appealed in the same manner as the tentative site plan.
(Ord. 259, passed - -)

§ 155.435 VARIANCES AUTHORIZED.

   Adjustments to the standards of this subchapter shall be processed in accordance with §§ 155.465 through 155.470. Applications for variances shall be submitted at the same time an application for the RV park is submitted.
(Ord. 259, passed - -)

§ 155.436 FINAL SITE PLAN SUBMISSION REQUIREMENTS AND APPROVAL CRITERIA.

   (A)   Submission requirements. Final site plans shall be reviewed and approved pursuant to a Type II procedure under § 155.284. The applicant shall submit the final site plan within one year of the approval of the tentative site plan as provided by § 155.417.
   (B)   Final site plan submission requirements.
      (1)   At the time of application for a final site plan for an RV park, the applicant shall submit six copies of the following required detailed plans:
         (a)   New structures;
         (b)   Water supply and sewage disposal systems, and primary and replacement septic drainage fields;
         (c)   Electrical systems;
         (d)   Road, sidewalk, and patio construction;
         (e)   The drainage system; and
         (f)   Recreational area improvements.
      (2)   The replacement of existing or construction of new stick-built or manufactured home-type structures situated within the park shall be subject to the requirements of the State Structural Specialty Code or the State Manufactured Dwelling Specialty Code, or other controlling state codes.
   (C)   Approval criteria. By means of a Type II procedure, the final site plan shall be approved or denied based on findings regarding compliance with the following criteria:
      (1)   The final site plan complies with the approved tentative site plan, and all conditions of approval have been satisfied;
      (2)   All public improvements required by the tentative site plan have been installed and approved by the city. Alternatively, the developer has provided a performance guarantee in accordance with § 155.438;
      (3)   The streets for public use are dedicated without reservation or restriction, other than reversionary rights upon vacation of any such street and easements for public utilities;
      (4)   The streets held for private use have been approved by the city as conforming to the tentative site plan;
      (5)   The final site plan contains a dedication to the public of all public improvements, including, but not limited to, streets, public pathways and trails, access reserve strips, and storm drainage;
      (6)   The applicant has provided copies of all recorded homeowners’ association covenants, conditions, and restrictions (CC&Rs) deed restrictions, private easements and agreements (for example, for access, common areas, parking, and the like), and other recorded documents pertaining to common improvements recorded and referenced on the final site plan;
      (7)   The final site plan complies with the applicable sections of this code (that is, there have been no changes in land use or development resulting in a code violation since tentative site plan approval);
      (8)   Certification by the state and the county, as applicable, that a water and sewage disposal system is available to each and every site depicted on the site plan; or bond, contract, or other assurance has been provided by the applicant to the city that such services will be installed in accordance with §§ 155.230 through 155.237, and the bond requirements of § 155.438. A registered professional engineer, licensed by the state, subject to review and approval by the city, shall determine the amount of the bond, contract, or other assurance by the applicant; and
      (9)   The final site plan contains an affidavit by the surveyor who surveyed the land, represented on the site plan to the effect the land was correctly surveyed and marked with proper monuments as provided by O.R.S. Chapter 92, and indicating the initial point of the survey, and giving the dimensions and kind of such monument, and its reference to some corner established by the U.S. Geological Survey or giving two or more permanent objects for identifying its location.
(Ord. 259, passed - -)

§ 155.437 PUBLIC IMPROVEMENTS.

   The following procedures apply to RV parks when public improvements are required as a condition of approval: Before city approval is certified on the final site plan, all required public improvements shall be installed, inspected, and approved. Alternatively, the developer shall provide a performance guarantee, in accordance with § 155.438.
(Ord. 259, passed - -)

§ 155.438 PERFORMANCE GUARANTEE.

   (A)   Performance guarantee required. When a performance guarantee is required under § 155.437, the applicant shall file an assurance of performance with the city supported by one of the following:
      (1)   An irrevocable letter of credit executed by a financial institution authorized to transact business in the state;
      (2)   A surety bond, executed by a surety company authorized to transact business in the state, which remains in force until the surety company is notified by the city in writing that it may be terminated; or
      (3)   Cash in an escrow account or payment to the city.
   (B)   Determination of sum. The assurance of performance shall be for a sum determined by the city as required to cover the cost of the improvements and repairs, including related engineering and incidental expenses.
   (C)   Itemized improvement estimate. The developer shall furnish to the city an itemized improvement estimate, certified by a registered civil engineer licensed by the state, to assist the city in calculating the amount of the performance assurance.
   (D)   Agreement. An agreement between the city and developer shall be recorded with the final site plan that stipulates all of the following:
      (1)   Specifies the period within which all required improvements and repairs should be completed;
      (2)   A provision that if work is not completed within the period specified, the city may complete the work and recover the full cost and expenses from the applicant;
      (3)   Stipulates the improvement fees and deposits that are required; and
      (4)   As an option, provides for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the agreement. This agreement may be prepared by the city, or in a letter prepared by the applicant. It shall not be valid until it is signed and dated by the applicant, approved by the City Council, and signed by the Mayor.
   (E)   When developer fails to perform. In the event the developer fails to carry out all provisions of the agreement and the city has un-reimbursed costs or expenses resulting from such failure, the city shall call on the bond, cash deposit, or letter of credit for reimbursement.
   (F)   Termination of performance guarantee. The developer shall not cause termination of nor allow expiration of the guarantee without having first secured written authorization from the city.
(Ord. 259, passed - -)