The goal of House Bill 2306 is to shorten the time between when a subdivision application is approved and when building permits can be issued for those lots, even before the subdivision is officially recorded with the County Surveyor. This bill allows local authorities to approve building permits for newly approved subdivisions if the developer has mostly finished the necessary public infrastructure work and has provided a financial guarantee to complete the rest.

Process Paths

In response to House Bill 2306, the City of Bend has created three different processes to speed up the time between subdivision approval and the issuing of building permits. The first process follows House Bill 2306 exactly. The other two processes adjust the City’s current methods for recording a subdivision’s Final Plat and issuing building permits.

Path 1: Traditional Path

If a developer wants to start the process as outlined in the House Bill 2306 Legislation, the City will need the following steps:

1. Application Submission: The developer submits an application to the City for Path 1. City staff will review various criteria to see if the subdivision meets the requirements.
2. Fire Protection Standards: The City will check if the minimum fire protection standards are met and identify the necessary infrastructure before issuing building permits under House Bill 2306.
3. Additional Costs: Extra City staff time will be needed to manage the program, including more inspections and reviews. The developer will cover these additional costs, which will vary by project.
4. Building Permits: No building permits will be issued until the project meets Substantial Completion per House Bill 2306 Section 1(c), with the following specifics:
   • Water Supply: All public water system elements must be built and inspected by the City, and the final inspections and acceptance process must be ready to start.
   • Fire Hydrant System: If fire hydrants are needed for fire protection, the water system must be fully inspected, tested, and partially accepted by the City. The developer must also dedicate any required utility and access easements.
   • Sewage Disposal System: All public sewer system elements must be built and inspected by the City, and the final inspections and acceptance process must be ready to start.
   • Storm Water Drainage System: All public storm water system elements must be built and inspected by the City, and the final inspections and acceptance process must be ready to start. Landscaping of swales or detention/retention systems is not required, but the system must be functional.
   • Curbs and Concrete Work: All curbs, hydrant pads, stormwater pads, and ADA ramps must be built, inspected, and meet the substantial completion milestone.
   • Street Signs: Permanent street signs must be installed, inspected, and approved by the City.
   • Roads for Emergency Vehicles: Roads necessary for emergency vehicle access must be installed. All required base course material must be installed, tested, and approved by City inspection. Additional base course material must be installed around exposed water valve cans, catch basins, and manholes to prevent damage. Concrete pads may be required around water valves.
5. Agreement with the City: The developer must enter into an agreement with the City outlining the requirements for issuing building permits and Certificates of Occupancy under House Bill 2306. This agreement may include:
   • Accepting all risk for constructing any residential structure before the final plat is recorded and final property corners are surveyed.
   • Completing all outstanding infrastructure, including required off-site infrastructure, before occupying any single-family permit.
   • Providing a post-construction plot plan stamped by a Professional Land Surveyor (PLS) showing the final location of the structure, lot lines, and building setbacks. The City will not make special considerations if setbacks are not met on a non-platted lot.
   • Not installing water meters until the water infrastructure is accepted by the City.
   • Not allowing sewer connections until the sewer infrastructure is accepted by the City.
   • Providing a Performance Financial Guarantee acceptable to the City for 120% of the current unit costs for all outstanding public infrastructure elements before issuing any building permits.
   • Ensuring all applicable Land Use conditions are satisfied before issuing any Certificate of Occupancy.
   • Assuming responsibility for any damage to public infrastructure until final acceptance is achieved for all required public infrastructure.
6. Warranty Period: The one-year warranty period for all public improvements, including early acceptance of the water system, will start once all required infrastructure is completed and accepted by the City.

This process can shorten the time between when a subdivision land use application is approved and when a home can be built on a lot within the approved, yet unplatted subdivision. However, there is significant risk to both the City and the developer with this approach.

Path 2: City of Bend Preferred Path

The goal of House Bill 2306 is to get housing built faster. While the bill has good intentions, it introduces some risks that might discourage early building permit applications. To address this, the Community Development Department suggests changing the current processes from subdivision application approval through infrastructure construction and final plat review. These changes aim to allow home construction in a similar timeframe to what House Bill 2306 outlines, but with less risk.

The main goal is to speed up the steps between finishing public infrastructure, reviewing the Final Plat application, and issuing Building Permits. Here are the key changes:

1. Early Permit Applications: Accepting multiple building permit applications before the Final Plat is recorded.
2. Final Plat Submission: The Final Plat can be submitted for review once the substantial completion milestone is reached, and the City confirms the project is ready for final inspections and close-out procedures.
3. Performance Financial Guarantee: A financial guarantee acceptable to the City will be required for any incomplete infrastructure, like landscaping, paving, and deferred sidewalks.
4. Developer Agreement: An agreement will be prepared to outline the project requirements and responsibilities of the developer as the project progresses.

The overall goal is once the infrastructure process is completed and signed off, the Final Plat can be immediately approved and recorded. Building permits can then be issued quickly after the Final Plat is recorded. With proper project management and coordination with the City, this should help reduce the developer’s overall timeline for building permit issuance by 2-4 months compared to the current procedures.

Path 3: Standard Process Path

The City can now accept multiple building permit applications before the Final Plat is recorded. Here’s how it works under Path #3:

1. Early Application: The Developer applies for early permit submittal and pays any necessary fees.
2. Review and Issuance: The permits will be reviewed and issued once the Final Plat is recorded and final addresses are assigned.
3. Standard Process: The Developer follows the standard infrastructure acceptance and final plat processes.
4. No Agreement Needed: No special agreement is required for this path.

This streamlined process helps get your project moving faster! If you have any questions, feel free to reach out.

Application

Developers must submit an application to request one of the paths outlined above. This application should be submitted after the tentative Plat is approved but before any preconstruction meetings take place. 

1Step: Download and Fill Out the Application Form

• Download and complete the application form.
  • NOTE: You can complete the form directly on your device without needing to print and scan it. 

2Step: Submit the Completed Application

• Email the completed application to: development@bendoregon.gov

If you have any questions or need assistance, please email us at: development@bendoregon.gov or call us at (541) 388-5580 ext. 5.