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9.The subject property is within the unincorporated area of Marion County. Transportation and Parks Systems Development Charges will be assessed upon any development on the subject property at the time of application for building permits. 10.Any work in the public right-of-way will require a permit from Public Works. A National Pollutant Discharge Elimination System (NPDES) permit is required for all 11. construction activities that disturb one-acre or more. The NPDES permit is obtained through the Oregon Department of Environmental Quality.” Marion County Surveyor's Office indicated that: “Subdivision name must be approved per ORS 92.090. Must be surveyed and platted per ORS 92.050. Subdivision plat must be submitted for review. Checking fee and second mylar fee required. Per ORS 92.065 - Remaining monumentation bond may be required if some of the plat monuments have not been set and/or the installation of street and utility improvements has not been completed, or other conditions or circumstances cause the delay (or resetting) of monumentation. A current or updated title report must be submitted at the time of review. Title reports shall be no less than 15 days old at the time of approval of the plat by the Surveyor’s Office, which may require additional updated reports. For a Subdivision Plat resulting from a Measure 37 case, the following statement must be shown below the Marion County Planning Director signature blank: MEASURE 37 WAIVER NOTICE: The Lots shown on this Plat were authorized by waivers of land use regulations by Marion County and the State of Oregon pursuant to ORS 197.352 and Marion County Ordinance #1209 as amended and filed in the Marion County Clerk’s Office. Marion County makes no warranties as to the transferability of the Lots or any development rights related to the Lots.” Marion County Building Inspection Division indicated that each parcel requires septic permits. Marion County Tax Department provided comments regarding taxes. PUBLIC COMMENTS 9. Friends of Marion County noted that they defer comment until review of the recommendation. MARION COUNTY ORDINANCE 1209 FINDINGS 10. Marion County Ordinance No. 1209, Section 8.1 contains the following criteria for reviewing a Measure 37 compensation claim. These include: (a) The challenged regulation is not an exempt regulation as defined in this ordinance . Section 3.4 of Ordinance 1209 contains the definition of an exempt regulation. A subdivision is a use that is not recognized as a public nuisance. The subdivision process requires an application and review and could only be approved if the non-exempt regulations are satisfied. A subdivision is not regulated by federal law, is not a system development charge, and not a regulation related to the pornography or nude dancing industries. A subdivision is not an exempt regulation. Marion County Ordinance 1209, Section 8.1(a) is satisfied.