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established total by up to 15 units provided a revised plan showing the new sites is approved by the Planning Director. Otherwise the revision must be approved by the Board of County Commissioners. The Board finds that the location of the lots generally conforms to the conceptual development plan, in that single-family dwellings, condominiums, commercial uses, and golf course uses are located in the same portions of the property as conceptually approved by the County in 1982. Additionally, the revised site plan submitted to the Board on June 18, 2008 shows a cross-hatched orange area where eight (8) of the single-family lots could be converted to up to fifteen (15) condominium units. The Board finds that the plans submitted with the application shows the location of the proposed condominium unit buildings and the commercial buildings, as well as the street/path system, parking and open spaces, and that it is feasible for this condition to be met. 8. The developer shall file with the Board of Commissioners a memorandum of understanding, approved by County Counsel, acknowledging that the County may, when evidence shows that facilities are not meeting state or county requirements, cause the maintenance of the private streets, drainage,paths, common open spaces and community water, sewer, and water protection facilities with the expense becoming a lien against all property in the planned development. The Board acknowledges the applicant's concurrence with this criterion, stating that it agrees to create a memorandum of understanding to this effect, as a condition of approval, to be signed prior to Final Plat approval, and finds that it is feasible for this condition to be met. To ensure compliance, the Board imposes Condition No. 15. 9. All buildings shall meet the setback requirements of Sections 6, 7, and 8 of the Marion County Subdivision and Partitioning Ordinance or the Marion County Ordinance, whichever is lesser. The Board relies on the evidence in the record, including the testimony by the applicant, and finds that it is feasible for this condition to be met by the proposed project layout, except for the inclusion of water tanks within the building setback, inclusion of parking and circulation within the Forest Reserve Setback to limit grading and to accommodate required sight distances, and inclusion of non-habitable buildings, not to exceed 7,000 square feet of structure, within the land adjacent to the Little North Fork River. The Board interprets this condition as allowing such limited exceptions and finds that the project layout complies with this condition. To ensure compliance, the Board imposes Condition Nos. 16 and 34. 10. Applicant concurrence in filing a declaratory statement in the deed for every residential lot in the planned development, the chapel site, the commercial development parcel and the golf course. The Board acknowledges the applicant's concurrence that such statement will be filed providing that owners of dwellings within 500 feet of the forest area(TC Zone) will file a Declaratory Statement as described in Section 139.070(b) of the Marion County Code: "The property herein described is situated in or near a farm or forest zone or area in Marion County, Oregon where the intent is to encourage, and minimize conflicts with, farm and forest use. Specifically, residents, property owners and visitors may be subjected to common, customary and accepted farm or forest management practices conducted in accordance with federal and state laws which ordinarily and necessarily produce noise, dust, smoke and other impacts. The grantees, -29-