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XII. 1982 Conditions of Approval For Elkhorn Valley Estates Subdivision The 1982 conceptual approval included conditions imposed on the planned development subdivision. Practically, these conditions are more reasonably to be required at the time of final plat approval. Accordingly, these conditions are addressed below as follows: 1. The subdivider shall include in all sales representations preliminary and earnest money agreements, contracts of sale and any other form of conveyance, a statement that Marion County is in no manner obligated, nor does the County intend, to maintain the roads within the planned development. The Board relies on the evidence in the record, including the testimony by the applicant, and finds it is feasible for the applicant to comply with this condition for new roads and improvements, with the exception of any improvements within the right-of-way of North Fork Road or Gates Hill Road, which are County roads. To ensure compliance, the Board imposes Condition No. 11. 2. Prior to the occupancy of any residential unit or lot, the phase of the planned development containing said unit or lot shall be completed including the provision of community sewer and water service, street and path improvements. The boundaries of any phases shall be approved by the Planning Director and the Department of Public Works. The Board adopts and incorporates by reference the Proposed Phasing Table included in the narrative of the application and finds that it is feasible for the applicant to comply with this condition. The Board also relies on evidence in the record, including the testimony by the applicant, that infrastructure will be in place for each phase prior to occupancy and finds that it is feasible for this condition to be met. 3. The improvement specifications for the private streets and pedestrian paths shall be approved by the Planning Director prior to construction. The private streets and paths shall be improved and maintained to these specifications. The private streets, drainage,paths, gates, common open spaces, and community water and sewer systems shall be maintained by a single homeowners association representing all residential owners, the chapel, commercial development and golf course. Property owners within the planned development shall automatically be members of the association. The homeowners association shall have a maintenance agreement which shall be approved by County Counsel and the Public Works Director. The Board adopts and incorporates by reference the proposed street and pathway specifications included as an exhibit attached to the applicant's application narrative. The Board relies on the evidence in the record, including the testimony of the applicant that there will be an Owners Association with CC&Rs, including a maintenance agreement and that the CC&Rs will be recorded with the Final Plat. The Board finds that it is feasible for this condition to be met. To ensure compliance, the Board imposes Condition No. 12. 4. The private water system shall meet the requirements of the Oregon State Health Division with reference to chemical and bacteriological quality and meet the quality, storage and distribution system requirements of the State Health Division and the Department of Public Works. The Board relies on the evidence in the record, including the testimony of the applicant, stating that it met with the Department of Environmental Quality, the County Public Works Department and the Stayton Fire District to discuss the proposed water distribution system. The Board finds that the -27-