US Laws, Codes, Statutes & Cases

Chapter 94 — Real Property Development

 

2005 EDITION

 

 

REAL PROPERTY DEVELOPMENT

 

PROPERTY RIGHTS AND TRANSACTIONS

 

DEVELOPMENT AGREEMENTS

 

94.504       Development agreements; contents; duration

 

94.508       Approval by governing body; findings; adoption

 

94.513       Procedures on consideration and approval

 

94.518       Application of local government law and policies to agreement

 

94.522       Amendment or cancellation of agreement; enforceability

 

94.528       Recording

 

TRANSFERABLE DEVELOPMENT CREDITS

 

94.531       Severable development interest in real property; transferable development credit

 

PLANNED COMMUNITIES

 

(General Provisions)

 

94.550       Definitions for ORS 94.550 to 94.783

 

94.560       Legislative findings

 

(Creation of Planned Community)

 

94.565       Planned community to be created under ORS 94.550 to 94.783; exception; conveyance of lot or unit prohibited until declaration recorded

 

94.570       Applicability of ORS 94.550 to 94.783

 

94.572       Applicability of certain provisions of ORS 94.550 to 94.783 to Class I or Class II planned communities

 

94.575       Applicability of subdivision law

 

94.580       Declaration; recordation; contents

 

94.585       Authority to amend declaration and initial bylaws to comply with federal laws

 

94.590       Amendment of declaration by owners

 

94.595       Reserve account for replacing common property; reserve study; 30-year maintenance plan

 

(Declarant Control; Turnover of Administrative Control)

 

94.600       Declarant control of association

 

94.604       Transitional advisory committee

 

94.609       Notice of meeting to turn over administrative responsibility

 

94.616       Turnover meeting; transfer of administration

 

94.621       Rights of declarant following turnover meeting

 

94.622       Obligations and liabilities arising from transfer of special declarant rights

 

94.623       Acquisition of special declarant rights by successor declarant; exceptions

 

(Homeowners Association; Management of Planned Community)

 

94.625       Formation of homeowners association; adoption of initial bylaws; amendment of bylaws

 

94.630       Powers of association

 

94.635       Association bylaws

 

94.640       Association board of directors; powers and duties; removal of member; meetings; executive sessions

 

94.645       Adoption of annual budget

 

94.647       Use of written ballot for approving or rejecting matters subject to meeting of association members; procedures; exceptions

 

94.650       Meetings of lot owners; notice

 

94.655       Quorum for association meetings

 

94.657       Rules of order

 

94.658       Voting; proxy voting

 

94.660       Voting by absentee ballot or proxy

 

94.662       Notice to lot owners of intent of association to commence judicial or administrative proceeding; contents of notice; right of lot owner to opt out

 

94.665       Authority of association to sell or transfer common property

 

94.667       Recording association information with county clerk

 

94.670       Association duty to keep documents and records; payment of association expenses; review of financial statement by certified public accountant; examination of records by owner

 

94.673       When compliance with specified provisions of ORS 94.640 and 94.670 required

 

94.675       Insurance for common property

 

94.677       Election to have ORS 94.645, 94.655 and 94.675 apply

 

94.680       Blanket all-risk insurance

 

94.685       Specification of insurance for individual lots

 

94.690       Terms of insurance under ORS 94.680

 

94.695       Authority to delegate association powers to master association

 

94.700       Duration and termination of initial management agreements and service and employment contracts

 

(Assessments and Liens Against Lots; Easements)

 

94.704       Assessment and payment of common expenses

 

94.709       Liens against lots; priority; duration; record notice of claim of unpaid assessment; foreclosure procedure

 

94.712       Lot owner personally liable for assessment; joint liability of grantor and grantee following conveyance; limitation

 

94.716       Lien against two or more lots; release

 

94.719       Lien foreclosure; other legal action by declarant, association or owner; attorney fees

 

94.723       Common expenses; liability of first mortgagee

 

94.728       Taxation of lots and common property

 

94.733       Easements held by owner of lot and by declarant

 

(Miscellaneous)

 

94.760       Promotional material showing possible improvements

 

94.770       Application of rule against perpetuities; conflict between declaration and bylaws; effect on title of declaration’s noncompliance with Oregon Planned Community Act; conflict between Oregon Planned Community Act and ORS chapter 65

 

94.775       Judicial partition prohibited

 

94.777       Compliance with bylaws and other restrictions required; effect of noncompliance

 

94.780       Remedies

 

94.783       When certain administrative provisions apply

 

94.785       Short title

 

TIMESHARE ESTATES

 

(General Provisions)

 

94.803       Definitions for ORS 94.803 and 94.807 to 94.945

 

94.806       Legislative finding

 

94.807       Application

 

94.808       Managing entity as taxpayer

 

94.809       Valuation of timeshare property; exclusions from value

 

94.811       When owners of planned community, condominium or subdivision may prohibit timeshare plan

 

(Creation of Timeshare Estates)

 

94.813       Character of timeshare estates

 

94.816       Partition prohibited; exception

 

94.818       Recording of timeshare instrument; payments required

 

94.821       Content of timeshare instrument

 

94.823       Notice of intent to sell timeshares; form and content; rules

 

94.826       Information on exchange program; content

 

94.828       Public report on plan

 

94.829       Sale not allowed before issuance of public report; distribution and uses of report

 

94.831       Filing fees; inspection advance payment; disposition of moneys

 

94.833       Sale of timeshare plan located out-of-state

 

(Purchaser’s Rights)

 

94.836       Cancellation of purchase within five days

 

94.839       Notice of cancellation right

 

94.841       Waiver of rights void

 

94.843       Limits on developer right to transfer

 

(Association of Owners; Management)

 

94.846       Designation of managing entity; duties and powers of entity

 

94.848       How managing entity of developer terminated

 

94.853       Payment of common expenses

 

94.856       Assessment of common expenses as lien; recording; foreclosure; fees; remedies; exception

 

94.858       Owners’ association; powers and duties

 

94.863       Developer’s duty to managing entity

 

94.867       Judicial declaration of failure in management

 

94.869       Insurance coverage

 

(Escrow)

 

94.871       When purchase money agreement prohibited; escrow requirements

 

94.873       Escrow account; closing; release

 

94.876       Requirements for closing escrow

 

94.878       Duties of escrow agent

 

94.881       Who may serve as escrow agent

 

(Lien Payment)

 

94.885       Rights of lienholder

 

94.890       Lien payment trust; payments; delinquencies

 

94.895       Trust irrevocable without alternative arrangement

 

94.900       Alternative to lien payment trust

 

94.905       Surety bond

 

(Enforcement)

 

94.915       Inspection of records; rules; uniform standards

 

94.920       Consent to service by out-of-state developer

 

94.925       Civil penalty

 

94.930       Commissioner order; injunctive relief

 

(Prohibited Practices)

 

94.940       False practices prohibited

 

94.945       Advertising regulation

 

MEMBERSHIP CAMPGROUNDS

 

94.953       Definitions for ORS 94.953 to 94.989

 

94.956       Registration required to sell membership camping contract

 

94.959       Application for registration

 

94.962       Exemptions from registration

 

94.965       Effective date of registration

 

94.968       Denial, suspension and revocation of registration; other sanctions

 

94.971       Fee for registration or amendment of an offer or sale of membership camping contract

 

94.974       Written disclosures required; procedures; inspection of records

 

94.975       False practices prohibited

 

94.976       Advertising regulation

 

94.977       Registration as salesperson or broker

 

94.980       Application for registration; fee

 

94.983       Cancellation of contract by purchaser; notice of right to cancel

 

94.986       Requirements for sale of membership camping contract; nondisturbance agreements

 

94.987       Judicial declaration of failure in management

 

94.989       Interpretation of membership camping contracts; application of Unlawful Trade Practices Act

 

      94.004 [Formerly 91.500; 1983 c.530 §48; 1987 c.459 §1; 1989 c.595 §1; renumbered 100.005 in 1989]

 

      94.005 [Repealed by 1971 c.478 §1]

 

      94.010 [Repealed by 1971 c.478 §1]

 

      94.011 [Formerly 91.503; renumbered 100.010 in 1989]

 

      94.013 [1987 c.459 §6; 1989 c.595 §2; renumbered 100.020 in 1989]

 

      94.015 [Repealed by 1971 c.478 §1]

 

      94.016 [1987 c.459 §39; renumbered 100.025 in 1989]

 

      94.017 [Formerly 91.504; 1987 c.459 §37; 1989 c.595 §3; renumbered 100.185 in 1989]

 

      94.020 [Repealed by 1971 c.478 §1]

 

      94.021 [1987 c.459 §3; 1989 c.595 §4; renumbered 100.150 in 1989]

 

      94.022 [1987 c.459 §4; 1989 c.595 §5; renumbered 100.155 in 1989]

 

      94.023 [Formerly 91.506; 1987 c.459 §7; 1989 c.595 §6; renumbered 100.100 in 1989]

 

      94.025 [Repealed by 1971 c.478 §1]

 

      94.029 [Formerly 91.509; 1983 c.530 §49; 1983 c.615 §1; 1987 c.459 §8; 1989 c.595 §7; renumbered 100.105 in 1989]

 

      94.030 [Repealed by 1971 c.478 §1]

 

      94.035 [Repealed by 1971 c.478 §1]

 

      94.036 [Formerly 91.512; 1983 c.615 §2; 1983 c.740 §7a; 1987 c.459 §9; renumbered 100.110 in 1989]

 

      94.040 [Repealed by 1971 c.478 §1]

 

      94.042 [Formerly 91.515; 1983 c.309 §8; 1985 c.582 §2; 1987 c.459 §10; 1989 c.595 §8; renumbered 100.115 in 1989]

 

      94.045 [Repealed by 1971 c.478 §1]

 

      94.047 [Formerly 91.518; 1983 c.309 §8a; 1987 c.459 §11; 1989 c.595 §9; renumbered 100.120 in 1989]

 

      94.048 [1987 c.459 §3a; renumbered 100.125 in 1989]

 

      94.050 [Repealed by 1971 c.478 §1]

 

      94.053 [Formerly 91.519; 1983 c.309 §8b; renumbered 100.130 in 1989]

 

      94.055 [Repealed by 1971 c.478 §1]

 

      94.059 [Formerly 91.521; 1983 c.615 §3; 1987 c.459 §12; renumbered 100.135 in 1989]

 

      94.060 [Repealed by 1971 c.478 §1]

 

      94.065 [Repealed by 1971 c.478 §1]

 

      94.066 [1981 c.647 §30; renumbered 100.170 in 1989]

 

      94.070 [Repealed by 1971 c.478 §1]

 

      94.072 [1981 c.647 §33; renumbered 100.175 in 1989]

 

      94.075 [Repealed by 1971 c.478 §1]

 

      94.078 [1981 c.647 §25; 1983 c.206 §1; 1983 c.530 §50; 1987 c.459 §13; 1989 c.595 §10; renumbered 100.200 in 1989]

 

      94.080 [Repealed by 1971 c.478 §1]

 

      94.084 [1981 c.647 §26; 1987 c.459 §14; renumbered 100.205 in 1989]

 

      94.085 [Repealed by 1971 c.478 §1]

 

      94.090 [Repealed by 1971 c.478 §1]

 

      94.091 [1981 c.647 §27; 1983 c.206 §2; 1987 c.459 §15; renumbered 100.210 in 1989]

 

      94.095 [Repealed by 1971 c.478 §1]

 

      94.097 [1981 c.647 §29; 1989 c.595 §11; renumbered 100.220 in 1989]

 

      94.100 [Repealed by 1971 c.478 §1]

 

      94.103 [1981 c.647 §28; 1989 c.595 §12; renumbered 100.225 in 1989]

 

      94.105 [Repealed by 1971 c.478 §1]

 

      94.109 [Formerly 91.523; renumbered 100.300 in 1989]

 

      94.110 [Repealed by 1971 c.478 §1]

 

      94.115 [Repealed by 1971 c.478 §1]

 

      94.116 [Formerly 91.524; renumbered 100.305 in 1989]

 

      94.120 [Repealed by 1971 c.478 §1]

 

      94.122 [Formerly 91.526; 1989 c.595 §13; renumbered 100.310 in 1989]

 

      94.125 [Repealed by 1971 c.478 §1]

 

      94.128 [1981 c.886 §5; 1989 c.595 §14; renumbered 100.315 in 1989]

 

      94.130 [Repealed by 1971 c.478 §1]

 

      94.134 [1981 c.886 §6; 1989 c.595 §15; renumbered 100.320 in 1989]

 

      94.135 [Repealed by 1971 c.478 §1]

 

      94.140 [Repealed by 1971 c.478 §1]

 

      94.145 [Repealed by 1971 c.478 §1]

 

      94.146 [Formerly 91.527; 1989 c.595 §16; renumbered 100.405 in 1989]

 

      94.150 [Repealed by 1971 c.478 §1]

 

      94.152 [Formerly 91.531; 1983 c.615 §4; 1987 c.459 §16; 1989 c.595 §48; renumbered 100.410 in 1989]

 

      94.155 [Repealed by 1971 c.478 §1]

 

      94.158 [Formerly 91.533; 1987 c.459 §17; 1989 c.595 §17; renumbered 100.415 in 1989]

 

      94.160 [Repealed by 1971 c.478 §1]

 

      94.164 [Formerly 91.534; renumbered 100.420 in 1989]

 

      94.165 [Repealed by 1971 c.478 §1]

 

      94.170 [Repealed by 1971 c.478 §1]

 

      94.171 [Formerly 91.536; 1987 c.459 §18; renumbered 100.430 in 1989]

 

      94.175 [Repealed by 1971 c.478 §1]

 

      94.177 [1981 c.647 §32; renumbered 100.435 in 1989]

 

      94.180 [Repealed by 1971 c.478 §1]

 

      94.185 [Formerly 91.539; 1989 c.595 §18; renumbered 100.440 in 1989]

 

      94.190 [Formerly 91.542; renumbered 100.445 in 1989]

 

      94.195 [Formerly 91.546; 1983 c.530 §51; 1989 c.595 §19; renumbered 100.450 in 1989]

 

      94.202 [Formerly 91.548; 1989 c.595 §20; renumbered 100.460 in 1989]

 

      94.205 [Repealed by 1971 c.478 §1]

 

      94.208 [Formerly 91.551; 1989 c.595 §21; renumbered 100.475 in 1989]

 

      94.210 [Repealed by 1971 c.478 §1]

 

      94.214 [Formerly 91.554; renumbered 100.480 in 1989]

 

      94.215 [Repealed by 1971 c.478 §1]

 

      94.220 [Repealed by 1971 c.478 §1]

 

      94.221 [Formerly 91.557; renumbered 100.485 in 1989]

 

      94.225 [Repealed by 1971 c.478 §1]

 

      94.230 [Repealed by 1971 c.478 §1]

 

      94.231 [Formerly 91.561; renumbered 100.505 in 1989]

 

      94.235 [Repealed by 1971 c.478 §1]

 

      94.237 [Formerly 91.562; renumbered 100.510 in 1989]

 

      94.240 [Repealed by 1971 c.478 §1]

 

      94.243 [Formerly 91.563; 1983 c.309 §8c; 1983 c.615 §5; renumbered 100.515 in 1989]

 

      94.245 [Repealed by 1971 c.478 §1]

 

      94.250 [1981 c.647 §31; 1983 c.309 §8d; renumbered 100.520 in 1989]

 

      94.255 [Formerly 91.564; renumbered 100.525 in 1989]

 

      94.260 [Formerly 91.566; 1987 c.459 §19; 1989 c.595 §22; renumbered 100.530 in 1989]

 

      94.265 [Formerly 91.569; renumbered 100.535 in 1989]

 

      94.270 [Formerly 91.572; renumbered 100.540 in 1989]

 

      94.275 [Formerly 91.576; renumbered 100.545 in 1989]

 

      94.280 [Formerly 91.578; 1983 c.615 §6; 1989 c.595 §23; renumbered 100.550 in 1989]

 

      94.285 [Formerly 91.581; renumbered 100.555 in 1989]

 

      94.295 [Formerly 91.584; 1989 c.595 §24; renumbered 100.600 in 1989]

 

      94.300 [Formerly 91.587; 1989 c.595 §25; renumbered 100.605 in 1989]

 

      94.305 [Repealed by 1971 c.478 §1]

 

      94.306 [Formerly 91.591; 1989 c.595 §26; renumbered 100.610 in 1989]

 

      94.310 [Repealed by 1971 c.478 §1]

 

      94.312 [Formerly 91.593; 1989 c.595 §27; renumbered 100.615 in 1989]

 

      94.315 [Repealed by 1971 c.478 §1]

 

      94.318 [Formerly 91.596; 1989 c.595 §28; renumbered 100.620 in 1989]

 

      94.320 [Repealed by 1971 c.478 §1]

 

      94.322 [1983 c.615 §8; renumbered 100.625 in 1989]

 

      94.324 [Formerly 91.599; 1985 c.760 §1; repealed by 1987 c.459 §41]

 

      94.325 [Repealed by 1971 c.478 §1]

 

      94.330 [Amended by 1969 c.591 §278; repealed by 1971 c.478 §1]

 

      94.331 [Formerly 91.602; 1987 c.459 §20; 1989 c.595 §29; renumbered 100.635 in 1989]

 

      94.333 [1987 c.459 §22; renumbered 100.015 in 1989]

 

      94.335 [Repealed by 1971 c.478 §1]

 

      94.336 [Formerly 91.606; repealed by 1987 c.459 §41]

 

      94.340 [Repealed by 1971 c.478 §1]

 

      94.342 [Formerly 91.608; 1987 c.459 §29; renumbered 100.645 in 1989]

 

      94.345 [Repealed by 1971 c.478 §1]

 

      94.348 [Formerly 91.611; 1987 c.459 §30; renumbered 100.650 in 1989]

 

      94.350 [Repealed by 1971 c.478 §1]

 

      94.351 [1987 c.459 §24; 1989 c.595 §30; renumbered 100.655 in 1989]

 

      94.353 [1987 c.459 §25; renumbered 100.640 in 1989]

 

      94.354 [1987 c.459 §23; renumbered 100.670 in 1989]

 

      94.355 [Repealed by 1971 c.478 §1]

 

      94.356 [1987 c.459 §26; renumbered 100.660 in 1989]

 

      94.357 [1987 c.459 §27; renumbered 100.675 in 1989]

 

      94.358 [1987 c.459 §28; renumbered 100.680 in 1989]

 

      94.359 [Formerly 91.614; 1987 c.459 §31; renumbered 100.700 in 1989]

 

      94.360 [Repealed by 1971 c.478 §1]

 

      94.365 [Repealed by 1971 c.478 §1]

 

      94.366 [Formerly 91.617; repealed by 1987 c.459 §41]

 

      94.370 [Repealed by 1971 c.478 §1]

 

      94.372 [Formerly 91.621; repealed by 1987 c.459 §41]

 

      94.375 [Repealed by 1971 c.478 §1]

 

      94.378 [Formerly 91.623; repealed by 1987 c.459 §41]

 

      94.380 [Repealed by 1971 c.478 §1]

 

      94.384 [Formerly 91.626; 1987 c.459 §32; 1989 c.171 §12; 1989 c.595 §31; renumbered 100.705 in 1989]

 

      94.385 [Repealed by 1971 c.478 §1]

 

      94.390 [Repealed by 1971 c.478 §1]

 

      94.391 [Formerly 91.629; 1987 c.459 §35; renumbered 100.710 in 1989]

 

      94.395 [Repealed by 1971 c.478 §1]

 

      94.400 [Formerly 91.631; renumbered 100.720 in 1989]

 

      94.405 [Repealed by 1971 c.478 §1]

 

      94.406 [Formerly 91.634; renumbered 100.725 in 1989]

 

      94.410 [Repealed by 1971 c.478 §1]

 

      94.412 [Formerly 91.637; 1989 c.595 §47; renumbered 100.730 in 1989]

 

      94.415 [Repealed by 1971 c.478 §1]

 

      94.418 [1981 c.647 §24; renumbered 100.735 in 1989]

 

      94.420 [Repealed by 1971 c.478 §1]

 

      94.424 [Formerly 91.641; 1989 c.595 §32; renumbered 100.740 in 1989]

 

      94.425 [Repealed by 1971 c.478 §1]

 

      94.430 [Repealed by 1971 c.478 §1]

 

      94.431 [Formerly 91.646; 1987 c.459 §36; renumbered 100.745 in 1989]

 

      94.435 [Repealed by 1971 c.478 §1]

 

      94.437 [Formerly 91.649; renumbered 100.750 in 1989]

 

      94.440 [Repealed by 1971 c.478 §1]

 

      94.445 [Repealed by 1971 c.478 §1]

 

      94.448 [Formerly 91.652; renumbered 100.770 in 1989]

 

      94.454 [Formerly 91.656; renumbered 100.775 in 1989]

 

      94.460 [Formerly 91.658; renumbered 100.780 in 1989]

 

      94.465 [Formerly 91.661; 1989 c.595 §33; renumbered 100.785 in 1989]

 

      94.470 [Formerly 91.664; 1983 c.696 §7b; 1989 c.706 §7; renumbered 100.900 in 1989]

 

      94.475 [Formerly 91.667; renumbered 100.905 in 1989]

 

      94.480 [Formerly 91.671; renumbered 100.910 in 1989]

 

DEVELOPMENT AGREEMENTS

 

      94.504 Development agreements; contents; duration. (1) A city or county may enter into a development agreement as provided in ORS 94.504 to 94.528 with any person having a legal or equitable interest in real property for the development of that property.

      (2) A development agreement shall specify:

      (a) The duration of the agreement;

      (b) The permitted uses of the property;

      (c) The density or intensity of use;

      (d) The maximum height and size of proposed structures;

      (e) Provisions for reservation or dedication of land for public purposes;

      (f) A schedule of fees and charges;

      (g) A schedule and procedure for compliance review;

      (h) Responsibility for providing infrastructure and services;

      (i) The effect on the agreement when changes in regional policy or federal or state law or rules render compliance with the agreement impossible, unlawful or inconsistent with such laws, rules or policy;

      (j) Remedies available to the parties upon a breach of the agreement;

      (k) The extent to which the agreement is assignable; and

      (L) The effect on the applicability or implementation of the agreement when a city annexes all or part of the property subject to a development agreement.

      (3) A development agreement shall set forth all future discretionary approvals required for the development specified in the agreement and shall specify the conditions, terms, restrictions and requirements for those discretionary approvals.

      (4) A development agreement shall also provide that construction shall be commenced within a specified period of time and that the entire project or any phase of the project be completed by a specified time.

      (5) A development agreement shall contain a provision that makes all city or county obligations to expend moneys under the development agreement contingent upon future appropriations as part of the local budget process. The development agreement shall further provide that nothing in the agreement requires a city or county to appropriate any such moneys.

      (6) A development agreement must state the assumptions underlying the agreement that relate to the ability of the city or county to serve the development. The development agreement must also specify the procedures to be followed when there is a change in circumstances that affects compliance with the agreement.

      (7) A development agreement is binding upon a city or county pursuant to its terms and for the duration specified in the agreement.

      (8) The maximum duration of a development agreement entered into with:

      (a) A city is 15 years; and

      (b) A county is seven years. [1993 c.780 §1; 2005 c.315 §1]

 

      Note: 94.504 to 94.528 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 94 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      94.505 [Repealed by 1971 c.478 §1]

 

      94.508 Approval by governing body; findings; adoption. (1) A development agreement shall not be approved by the governing body of a city or county unless the governing body finds that the agreement is consistent with local regulations then in place for the city or county.

      (2) The governing body of a city or county shall approve a development agreement or amend a development agreement by adoption of an ordinance declaring approval or setting forth the amendments to the agreement. Notwithstanding ORS 197.015 (11)(b), the approval or amendment of a development agreement is a land use decision under ORS chapter 197. [1993 c.780 §2; 2005 c.22 §74]

 

      Note: See note under 94.504.

 

      94.510 [Repealed by 1971 c.478 §1]

 

      94.513 Procedures on consideration and approval. (1) A city or county may, by ordinance, establish procedures and requirements for the consideration of development agreements upon application by, or on behalf of, the owner of property on which development is sought or another person having a legal or equitable interest in that property.

      (2) Approval of a development agreement requires compliance with local regulations and the approval of the city or county governing body after notice and hearing. The notice of the hearing shall, in addition to any other requirements, state the time and place of the public hearing and contain a brief statement of the major terms of the proposed development agreement, including a description of the area within the city or county that will be affected by the proposed development agreement. [1993 c.780 §3]

 

      Note: See note under 94.504.

 

      94.515 [Repealed by 1971 c.478 §1]

 

      94.518 Application of local government law and policies to agreement. Unless otherwise provided by the development agreement, the comprehensive plan, zoning ordinances and other rules and policies of the jurisdiction governing permitted uses of land, density and design applicable to the development of the property subject to a development agreement shall be the comprehensive plan and those ordinances, rules and policies of the jurisdiction in effect at the time of approval of the development agreement. [1993 c.780 §4]

 

      Note: See note under 94.504.

 

      94.520 [Repealed by 1971 c.478 §1]

 

      94.522 Amendment or cancellation of agreement; enforceability. (1) A development agreement may be amended or canceled by mutual consent of the parties to the agreement or their successors in interest. The governing body of a city or county shall amend or cancel a development agreement by adoption of an ordinance declaring cancellation of the agreement or setting forth the amendments to the agreement.

      (2) Until a development agreement is canceled under this section, the terms of the development agreement are enforceable by any party to the agreement. [1993 c.780 §5]

 

      Note: See note under 94.504.

 

      94.525 [Repealed by 1971 c.478 §1]

 

      94.528 Recording. Not later than 10 days after the execution of a development agreement under ORS 94.504 to 94.528, the governing body of the city or county shall cause the development agreement to be presented for recording in the office of the county clerk of the county in which the property subject to the agreement is situated. In addition to other provisions required by ORS 94.504 to 94.528, the development agreement shall contain a legal description of the property subject to the agreement. [1993 c.780 §6]

 

      Note: See note under 94.504.

 

      94.530 [Repealed by 1971 c.478 §1]

 

TRANSFERABLE DEVELOPMENT CREDITS

 

      94.531 Severable development interest in real property; transferable development credit. (1) The governing body of a city or county is authorized to recognize a severable development interest in real property. The governing body of the city or county may establish a system for the purchase and sale of development interests. The interest transferred shall be known as a transferable development credit. A transferable development credit shall include the ability to establish in a location in the city or county a specified amount of residential or nonresidential development that is different from development types or exceeds development limitations provided in the applicable land use regulations for the location. All development authorized or approved using transferable development credits shall comply with the land use planning goals adopted under ORS 197.225 and the acknowledged comprehensive plan.

      (2) The ability to develop land from which credits are transferred shall be reduced by the amount of the development credits transferred, and development on the land to which credits are transferred may be increased in accordance with a transfer system formally adopted by the governing body of the city or county.

      (3) The holder of a recorded mortgage encumbering land from which credits are transferred shall be given prior written notice of the proposed conveyance by the record owner of the property and must consent to the conveyance before any development credits may be transferred from the property.

      (4) A city or county with a transferable development credit system shall maintain a registry of all lots or parcels from which credits have been transferred, the lots or parcels to which credits have been transferred and the allowable development level for each lot or parcel following transfer.

      (5) A city or county, or an elected official, appointed official, employee or agent of a city or county, shall not be found liable for damages resulting from any error made in:

      (a) Allowing the use of a transferable development credit that complies with an adopted transferable development credit system and the acknowledged comprehensive plan; or