1993-31946-Ordinance No. 93-012 Recorded 8/9/1993012'7-1215
93-31946
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 17 of the 7 1-0
Deschutes County Code, the Deschutes
County Subdivision/Partition Ordinance * r,
and Declaring an Emergency.
ORDINANCE NO. 93-012 ;-
WHEREAS, the Deschutes County Subdivision/Partition Ordiinpanc'e is
in need of updating.
WHEREAS, the State of Oregon has required that certain ordinances
be adopted by local jurisdictions to implement Statewide Planning Goal
12, the Transportation Planning Rule, in particular OAR
660 -12 -045(3)(a -d).
WHEREAS, the Deschutes County Planning Commission and the Bend
Urban Area Planning Commission, after review conducted in accordance
with applicable law, have recommended approval of the proposed Text
Amendments to Title 17.
WHEREAS, after notice was given and hearings conducted in
accordance with applicable law, the Board of County Commissioners has
considered the Planning Commissions, recommendations, now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ORDAINS AS FOLLOWS:
Changes to, Additions to, Repeal of
Provisions of Chapter 17.08,
"Definitions and Interpretation of Language"
Section 1. Section 17.08.020, "Terminology," of Title 17 of the
Deschutes County Code is amended to change the name of the Section to
"Definitions."
Section 2. The following sections are added to Title 17,
"Definitions and Interpretation of Language," as individual definitions
under Chapter 17.08.
1117.08.035 AASHTO Standards.
Refers to the road safety and design standards set forth in
the publication entitled American Association of State Highway and
Transportation Officials Policy on Geometric Designs of Highways
and Streets, dated 1990.
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0127-14016
"17.08.045 Access Corridor.
Access Corridor. A separate travel way for pedestrians and
bicyclists to minimize travel distances within and between
subdivisions, planned unit developments, residential areas and
commercial centers, major employment areas, transit stops, or
within and between nearby neighborhood activity centers such as
schools, parks and convenience shopping."
"17.08.091 Bicycle.
A vehicle designed to operate on the ground on wheels,
propelled solely by human power, upon which any person or persons
may ride, and with every wheel more than 14 inches in diameter or
two tandem wheels either of which is more than 14 inches in
diameter or having three wheels in contact with the ground, any of
which is more than 14 inches in diameter."
"17.08.092 Bicycle Facilities.
A general term denoting improvements and provisions made to
accommodate or encourage bicycling, including parking facilities,
all bikeways, and shared roadways not specifically designated for
bicycle use."
"17.08.093 Bike Route.
A segment of a bikeway system designated with appropriate
directional and information markers by the jurisdiction having
authority."
"17.08.094 Bikeway.
A. Any road, path or way which in some manner is
specifically designated as being open to bicycle travel, regardless
of whether such facilities are designated for the exclusive use of
bicycles or are shared with other transportation modes. The five
types of bikeway are: bike path, bike lane, shoulder bikeway,
shared roadway and mountain bike trail.
1. Bike Path. A bikeway physically separated from motorized
vehicular traffic by an open space or barrier and either
within the highway or road right of way or within an
independent right of way.
2. Bike Lane. A portion of a roadway which has been designated
by striping, signing, and permanent markings for the
preferential or exclusive use of bicyclists.
3. Shoulder Bikeway. A bicycle facility where the bicycle
travels on the paved shoulder of the roadway.
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0127-140017
4. Shared Roadway. A bicycle facility where the bicycle shares
the normal vehicle lanes with motorists.
5. Bike Trail (Mountain Bike). A bicycle facility designed to
accommodate bicycle travel on unpaved roads and trails."
"17.08.581 Property line.
"Property line" means the division line between two units of
land."
"17.08.582 Property line adjustment.
"Property line" adjustment means the relocation of a common
property line between two abutting properties."
"17.08.585 Public Water System.
"Public Water System" means a system for the provision to the
public of piped water for human consumption, if such system has
more than three (3) service connections or supplies water to a
public or commercial establishment which operates a total of at
least 60 days per year, and which is used by 10 or more individuals
per day or is a facility licensed by the State Health Division.
A public water system is either a "community water system", a
"non -community water system" or a "non -transient, non -community
water system".
a. "Community water system" means a public water system
which has 15 or more service connections used by year-round
residents, or which regularly serves 25 or more year-round
residents;
b. "Non -community water system" means a public water system
that is not a community water system;
C. "Non -transient, non -community water system" or "NTNCWS"
means a public water system that is not a community water system
and that regularly serves at least 25 of the same persons over 6
months per year."
"17.08.590 Replat.
Replat means the act of platting the lots, parcels and
easements in a recorded subdivision or partition plat to achieve
a reconfiguration of the existing subdivision or partition plat or
to increase or decrease the number of lots in the subdivision."
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"17.08.645 Series Partitioned Lands, Series Partition
"Series Partitioned Lands" and "Series Partition" mean a
series of partitions of land resulting in the creation of four or
more parcels over a period of more than one calendar year."
Section 3. Sections 17.08.410, "Lot line front," 17.48.420, "Lot
line, rear," and 17.48.430, "Lot line, side," are hereby repealed.
Section 4. Section 17.08.530, "Partition," of Title 17 is amended
to read as follows:
"17.08.530 Partition.
"Partition" means the act of partitioning land or an area or tract
of land partitioned.
(A. Major Partition. A partition which includes the actual
creation of a public or private street or accessway. A major
partition also includes divisions where an easement provides
access to one or two parcels.
B. Minor Partition. A partition which does not require the
creation of a public or private street or accessway.]"
Section 5. Section 17.08.540, "Partition land," is repealed and
replaced with a new definition of "Partition land" as follows:
"17.08.540 Partition land.
"Partition land" means to divide land into two or three parcels of
land within a calendar year but does not include:
a. A division of land resulting from a lien foreclosure,
foreclosure of a recorded contract for the sale of real property
or the creation of cemetery lots;
b. An adjustment of a property line by the relocation of a common
boundary where an additional unit of land is not created and where
the existing unit of land reduced in size by the adjustment
complies with any applicable zoning ordinance; or
C. A sale or grant by a person to a public agency or public body
for state highway, county road, city street or other right of way
purposes provided that such road or right of way complies with the
applicable comprehensive plan and ORS 215.213 (2)(q) to (s) and
215.283 (2)(p) to (r). However, any property divided by the sale
or grant of property for state highway, county road, city street
or other right of way purposes shall continue to be considered a
single unit of land until such time as the property is further
subdivided or partitioned."
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0127-12.19
Section 6. Section 17.08.620 of Title 17, "Road or Street," is
amended as follows:
1117.08.620 Road or street.
"Road" or "street" means a public or private way that is created
to provide ingress and egress to one or more lots, parcels, areas
or tracts of land, excluding a private way that is created to
provide ingress and egress to land in conjunction with the use of
such land for forestry, mining or agricultural purposes.
A. Alley means a public way through the middle of a block,
giving access to the rear of parcels or buildings.
[B. "Arterial" means a restricted -access street of substantial
continuity which is primarily a traffic artery and so designated
by the county]
B. "Arterial" includes three types of arterials, Principal
Arterial, Urban Minor and Rural Minor Arterial, defined as follows:
(1) "Principal arterial" means a road which carries the major
portion of trips entering and leaving the urban areas and outlying
rural and recreation areas (State highways).
(2) "Urban Minor Arterial" means a road that interconnects
with and augments the principal arterial system and provides
service to intra-urban/intra-community areas.
(3) "Rural Minor Arterial" means a road that connects with
the principal arterial system and forms the rural road network that
links cities and rural service centers.
[C. "Bicycle lane" means a portion of a roadway which has been
designated by striping, signing and pavement markings for the
preferential or exclusive use of bicyclists.]
[D. "Bicycle route" means a segment of a system of bicycle lanes
designated by the jurisdiction having authority with appropriate
directional and informational markers.]
[E]C. "Collector" means a restricted -access street supplementary
to the arterial street system used or intended to be used primarily
for the movement of traffic between arterials and local streets.
[F]D. "Frontage road" means a street parallel and adjacent to an
arterial providing access to abutting properties, but protected
from through traffic.
[G]E. "Industrial road" means a street to or through property
zoned industrial.
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012'7--1220
[H]F. "Local street" means a street which provides access to
property abutting the public right of way; this includes vehicular
and pedestrian access. Moving traffic is a secondary function of
a local street and it should not carry through traffic.
[I. "Minor arterial" means a street that interconnects with and
augments the principal arterial system.]
[J]G. "Modernization" means the widening or reconstruction of an
existing county road to an adopted county standard.
[K. Principal arterial" means a street that carries the major
portion of vehicle trips entering and leaving the urban area and
outlying rural and recreation areas.]
[L. "Rural minor arterial" means a street that connects with the
principal arterial system and forms the rural road network that
links cities and rural service centers.]
[M]H. "Special pedestrian way" means a sidewalk or pathway not
located within a public road right of way which enables pedestrian
access to a street, school, park or other similar facility or
service.
[N]I. "Stubbed street" means a street having only one outlet for
vehicular traffic and which is intended to be extended or continued
to serve future subdivisions or developments on adjacent lands.
Section 6A. Section 17.08.625, "Road or Street Project," is
amended to read as follows:
"17.08.625 Road and Street Project.
Road and Street Project. The construction and maintenance of
the roadway, bicycle lanes, sidewalks or other facilities related
to a road or street. Road and street projects shall be a Class I,
Class II or Class III project.
A. Class I Project. Land use permit required. "Class I
Project" is a major project such as (1) a new
controlled -access freeway; (2) a road or street project
of four or more lanes on a new location; .and (3) a major
project involving the acquisition of more than minor
amounts of rights-of-way, substantial changes in access
control, a large amount of demolition, displacement of
a large amount of residences or businesses, or
substantial change in local traffic patterns.
B. Class II Project. Land use permit required. ["Class II
Project" means modernization, traffic safety
improvements, maintenance, repair and preservation of a
Page 6 - ORDINANCE No. 93-012 (8-4-93)
road or street.] Class
where a road or street
(2) traffic safety o.
changes local traffic
has significant land
construction of a new
existed before.
0127-1221
II Project is a (1) modernization
is widened by more than one lane;
intersection improvement which
patterns; (3) system change which
use implications; or, (4) the
county road or street where none
C. Class III Project. [Land use permit required. "Class
III project" means modernization where a road or street
is widened by more than one land, traffic safety or
intersection improvements which change local traffic
patterns or other system changes which have significant
land use implications, or the construction of a new
proposed county road or street where none existed
before.] No land use permit required. "Class III
Project" is a modernization, traffic safety improvement,
maintenance, repair or preservation of a road or street.
Section 7. Section 17.08.680, "Subdivide Land" of Title 17 is
amended to read as follows:
"17.08.680 Subdivide land.
"Subdivide land" means to divide an area or tract of land into four
or more lots within a calendar year [when such area or tract of
land exists as a unit or contiguous units of land under a single
ownership at the beginning of such year]."
Section 8. Section 17.08.740, "Water Supply," of Title 17 is
hereby repealed.
Changes in, Additions to, Repeal of
Provisions in Chapter 17.12,
"Administration and Enforcement."
Section 9. Section 17.12.010, "Minimum Standards," of Title 17 is
amended to read as follows:
"17.12.010 Minimum standards.
All proposed subdivisions and partitions within the county shall
be considered for approval [approved] by the county under this
title. In addition, no such proposed subdivision or partition
shall be approved unless it complies with the comprehensive plan
for the county and/or the applicable urban area comprehensive plan,
and the applicable zoning ordinance and Oregon Revised Statutes
Chapter 92."
Section 10. Section 17.12.020, "Compliance with State
Regulations," is hereby repealed.
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012'7-1222
Section 11. Section 17.12.050, "Planning Director - Duties and
Responsibilities," is amended to read as follows:
"17.12.050 Planning Director - Duties and responsibilities.
A. The Planning Director shall review all applications for
subdivisions and partitions and shall, consistent with the
Deschutes County Development Procedures Ordinance, either act upon
the
application before him administratively or refer the application
to a hearings officer.
B. Before making an administrative decision on a subdivision or
partition application, the Planning Director shall solicit comments
on the proposal from the Director of Public Works, the County
Environmental Health Division [Sanitarian, or their designees] and
representatives of any other appropriate county, city, state or
federal agency.
C. Before referring to the hearings officer and completing the
Staff Report on an application [on] for a subdivision or partition
[application], the Planning Director shall [submit the application
to] solicit comments on the proposal from the Director of Public
Works, the County Environmental Health Division [Sanitarian, or
their designees] and any other appropriate county, city, state or
federal agency [he deems appropriate for their comments]."
Section 12. Section 17.12.080, "Statement of Water Rights," of
Title 17 is amended to read as follows:
"17.12.080 Statement of water rights.
All applicants for a subdivision or [a] partition shall be informed
by the Planning Director or his designee of the requirement[s] to
[file] include a statement of water rights [with the Oregon
Department of Water Resources] on the final plat.
Section 13. Section 17.12.100, "Sale Prohibited Before Final
Approval," is amended to read as follows:
"17.12.100 Sale of subdivision lots prohibited before final
approval.
No person shall sell any lot [or parcel created by a] in any
subdivision [or partition] until final approval of the land
division has been granted by the County. Final approval occurs
when the plat of the subdivision or partition is recorded with the
County Clerk. No person shall negotiate to sell any lot in a
subdivision until a tentative plan has been approved."
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012"7-1223
Section 14. Title 17 is amended to add Section 17.12.105, "Sale
of Partition Parcels Prohibited Prior to Tentative Plan Approval," as
follows:
1117.12.105 Sale of partition parcels prohibited prior to
tentative plan approval.
No person may sell any parcel in a partition prior to approval of
the tentative plan. Prior to approval of the tentative plan, a
person may negotiate to sell any parcel of a proposed partition."
Changes in, Additions to
Provisions in Chapter 17.16,
"Approval of Subdivision Tentative Plans
and Master Development Plans."
Section 15. Section 17.16.030 is amended to read as follows:
1117.16.030 Informational requirements.
The following information shall be shown on the tentative plan or
provided in accompanying materials. No tentative plan shall be
considered complete unless all such information is provided.
A. General Information Required.
1. Proposed name of the subdivision;
2. Names, addresses and phone numbers of the owners of
record, authorized agents or representatives, engineer or surveyor,
and any assumed business names filed or to be filed with the
corporation commission by the applicant;
3. Date of preparation, [time, magnetic] true north, scale
and gross area of the proposed subdivision;
4. Appropriate identification of the drawing as a tentative
plan for a subdivision;
5. Location and tract designation sufficient to define its
location and boundaries, and a legal description of the tract
boundaries in relation to existing plats and streets;
6. Certified copy of the recorded instrument under which the
applicant claims an ownership interest, such as a copy of a land
sales agreement or similar binding agreement, which binds the
applicant in the event of tentative approval.
7. Title report or subdivision guarantee.
B. Information Concerning Existing Conditions.
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012'7-1224
1. Location, names and widths of existing improved and
unimproved streets and roads, bikeways and access corridors [within
and adjacent to] in the proposed subdivision and within 200 feet
of the proposed subdivision;
2. Location of any existing features, such as section lines,
section corners, special district boundary lines and survey
monuments;
3. Location of existing structures, irrigation canals and
ditches, pipelines, waterways, railroads and any natural features,
such as rock outcroppings marshes, wooded areas and natural
hazards;
4. Location and direction of watercourses and the location
of areas subject to flooding and high water tables;
5. Location, width and use or purpose of any existing
easement or right of way for utilities, bikeways and access
corridors within and adjacent to the proposed subdivision;
6. Existing sewer lines, water mains, culverts and other
underground and overhead utilities within and adjacent to the
proposed subdivision, together with pipe sizes, grades and
locations;
7. Contour lines related to some established benchmark or
other engineering acceptable datum and having minimum intervals of
two feet for slopes of less than five percent, ten feet for slopes
of [fifteen] five to twenty percent, and twenty feet for slopes
greater than twenty percent;
8. Zoning classification of lands within and adjacent to the
proposed subdivision;
9. [Names and addresses of all adjoining property owners]
A map showing the location of any site zoned SM, Surface Mining,
under Title 18 of the Deschutes County Code, within one-half mile
of the proposed subdivision or partition boundary.
10. The structures, trees, rock outcroppings or other
shade -producing objects, if the object will cast shade from or onto
the subdivision.
C. Information Concerning Proposed Subdivision.
1. Location, names, width, typical improvements,
cross-sections bridges, culverts, approximate grades, curve radii
and centerline lengths [and reserve strips] of all proposed
streets, and the relationship to all existing and proposed streets;
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012'7-1225
2. Location, width and purpose of all proposed easements or
rights of way for roads, utilities, bikeways and access corridors,
and relationship to all existing easements and rights of way;
3. Location of at least one temporary benchmark within the
[proposed) subdivision boundary;
4. Location, approximate area and dimensions of each lot,
and proposed lot [and block] numbers;
5. Location, approximate area and dimensions of any lot or
area proposed for public use, the use proposed, and plans for
improvements or development thereof;
6. Proposed use, location, approximate area and dimensions
of any lot intended for nonresidential use;
[7. An outline of the area proposed for partial recording if
contemplated or proposed;]
7. Phase boundaries outlined in bold lines, if phasing is
contemplated for the subdivision.
8. Source, method and preliminary plans for domestic and
other water supplies, sewage disposal, solid waste disposal and all
utilities;
9. Description and location of any proposed community
facility;
10. Storm water and other drainage facility plans;
11. Statement from each utility company proposed to serve the
[proposed] subdivision, stating that each such company is able and
willing to serve the [proposed] subdivision as set forth in the
tentative plan;
12. Proposed fire protection system for the [proposed]
subdivision [and written approval thereof by the appropriate fire
protection agency].
13. Solar Access.
a. Provide a statement relative to the solar access to be
provided by the subdivision plan.
b. Determine the location and type of street trees, if
proposed.
14. Location and design of all proposed bicycle and
pedestrian facilities.
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0127-1226
15. Location and design of all proposed facilities providing
for public transit.
D. Information for lots located in Surface Mining Impact Area
(SMIA) zones. For each lot located wholly or partially within a
SMIA zone, an applicant shall submit a site plan, accompanied by
appropriate site plan fees, indicating the location of proposed
noise or dust sensitive uses ( as defined in Title 18) , the location
and dimensions of any mitigating berms or vegetation and data
addressing the standards of Chapter 18.56 of Title 18, as amended,
with respect to proposed noise or dust sensitive uses."
Section 16. Section 17.16.040, "Protective Covenants and Homeowner
Association Agreements," of Title 17 is amended to read as follows:
"17.16.040 Protective covenants and homeowner association
agreements.
Landowner covenants, conditions and restrictions and Homeowner
Association agreements are not relevant to approval of subdivisions
and partitions under this title, unless otherwise determined by the
County to carry out certain conditions of approval, such as road
maintenance or open space preservation. Any provision in such
agreements not in conformance with the provisions of this title or
applicable zoning ordinances are void."
Section 17. Section 17.16.050, "Master Development Plan," of Title
17 is amended to read as follows:
"17.16.050 Master development plan.
An overall master development plan shall be submitted for all
developments affecting land under the same ownership for which
phased development is contemplated. The master plan shall include,
but not be limited to, the following elements:
A. Overall development plan, including phase or unit sequence;
B. Show compliance with the comprehensive plan and implementing
land use ordinances and policies;
C. Schedule of improvements, initiation and completion;
D. Overall transportation and traffic pattern plan, including
bicycle, pedestrian and public transit transportation facilities
and access corridors.
E. Program timetable projection;
F. Development plans for any common elements or facilities;
Page 12 - ORDINANCE No. 93-012 (8-4-93)
G. If the proposed subdivision has an
adjacent lands or lands within the general
Director or Hearings Body may require
development pattern for streets, bikeways ai
adjoining lands to be submitted together w
as part of the master development p7
subdivision."
0127-1227
unknown impact upon
vicinity, the Planning
a potential [street]
id access corridors for
ith the tentative plan
_an for the subject
Section 18. Section 17.16.060, "Master Development Plan -
Approval," of Title 17 is amended as follows:
"17.16.060 Master development plan - Approval
The Planning Director or Hearings Body shall review a master
development plan at the same time the tentative plan for the first
phase is reviewed. The Planning Director or Hearings Body may
approve, modify or disapprove the master plan and shall set forth
findings for such decision. The Planning Director or Hearings Body
may also attach conditions necessary to bring the plan into
compliance with all applicable land use ordinances and policies.
Any tentative plan submitted for the plan area shall conform to the
master plan unless approved otherwise by the County. Master Plan
approval shall be granted for a specified time period by the
Planning Director or Hearings Body, and shall be included in the
conditions of approval."
Section 19. Section 17.16.100, "Required Findings for Approval,"
is amended to read as follows:
"17.16.100 Required findings for approval.
[The Hearings Body shall not approve] A tentative plan for a
proposed subdivision shall not be approved unless the Planning
Director or Hearings Body finds[, in addition to other requirements
and standards set forth in this title,] that the subdivision as
proposed or modified will [satisfy the intent and] meet the
requirements of this title and Titles 18 through 21 of this code,
and [be] is in compliance with the comprehensive plan. Such
findings shall include, but not be limited to, the following:
A. The subdivision contributes to orderly development and land
use patterns in the area, and provides for the preservation of
natural features and resources such as streams, lakes, natural
vegetation, special terrain features, agricultural and forest lands
and other natural resources.
B. The subdivision will not create excessive demand on public
facilities and services, and utilities required to serve the
development.
C. The tentative plan for the proposed subdivision meets the
requirements of Oregon Revised Statutes Section 92.090.
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012'7-1228
D. For subdivisions or portions thereof proposed within a Surface
Mining Impact Area (SMIA) zone under Title 18 of the Deschutes
County Code, the subdivision creates lots on which noise or dust
sensitive uses can be sited consistent with the requirements of
Chapter 18.56 of Title 18, as amended, as demonstrated by the site
plan and accompanying information required under Section 17.16.030
of this chapter.
E. The subdivision name has been approved by the County Surveyor."
Section 19A. Title 17 is amended to add a new section 17.16.105,
"Access to Subdivisions," as follows:
"17.16.105 Access to Subdivisions
No proposed subdivision shall be approved unless it would be
accessed by roads constructed to County standards and by roads
accepted for maintenance responsibility by a unit of local or state
government. This standard is met if the subdivision would have
direct access to an improved collector or arterial, or in cases
where the subdivision has no direct access to such a collector or
arterial, by demonstrating that the road accessing the subdivision
from a collector or arterial meets relevant County standards and
has been accepted for maintenance purposes."
Changes in
Provisions in Chapter 17.28,
"Approval of Tentative Plans for Partitions,"
as Renumbered to Chapter 17.22.
Section 20. Title 17 is amended to create a new Chapter 17.22,
"Approval of Tentative Plans for Partitions," from the existing
provisions of present Chapter 17.28, "Approval of Tentative Plans for
Partitions" and to renumber accordingly each existing chapter 17.28
provision in sequence as Chapter 17.22 provisions.
Section 21. Present Section 17.28.010, "Filing Procedures and
Requirements," renumbered under Section 20 above as Section 17.22.010,
is amended to read as follows:
"17.22.010 [17.28.010] Filing procedures and requirements.
A. Any person, or his authorized agent or representative,
proposing a land partition, shall prepare and submit a minimum of
ten [five] copies of the documents hereinafter described, unless
more copies are required by the Planning Director, in accordance
with the prescribed procedures, and the appropriate filing fee, to
the Planning [department] Division.
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012'7-1229
B. The tentative plan shall include the following:
1. A vicinity map locating the proposed partition in
relation to parcels zoned SM, Surface Mining, under Title 18 of the
Deschutes County Code, which are within one-half mile of the
subject partition, and to adjacent subdivisions, roadways and
adjoining land use and ownership patterns. The map must include
names of all existing roadways shown therein;
2. A plan of the proposed partitioning showing tract
boundaries and dimensions, the area of each tract or parcel,
locations of all easements, and the names, rights of way, widths
and improvement standards of existing roads. The tentative plan
shall also show the location of all existing buildings, canals,
ditches, septic tanks and drainfield; it shall also show the
location of any topographical feature which could impact the
partition, such as canyons, bluffs, rock outcroppings, natural
springs and floodplains. In addition, the tentative plan shall
show the location width, curve radius and grade of proposed rights
of way;
3. If the partition is to be accessed by a U.S. Forest
Service or Bureau of Land Management road, the applicant shall
submit a written agreement with the appropriate land management
agency providing for permanent legal access to the road and any
required maintenance.
[3]4.Names and addresses of the landowner, the applicant (if
different), a mortgagee if applicable, and the engineer or surveyor
employed or to be employed to make the necessary surveys [and
prepare the legal descriptions of each parcel to be created, and
record owners of land contiguous to the proposed partition];
[4]5.A statement regarding contemplated water supply,
telephone and electric service, sewage disposal, [solid waste
disposal,] fire protection and access, etc. If domestic water is
to be provided by an on-site well, the application must include at
least two well logs for wells in the area;
[5]6.True north [point], scale and date of map and property
identification by tax lot, section, township and range;
[6]7.Statement regarding [past,] present and intended use of
the parcels to be created, or the use for which the parcels are to
be offered;
[ 7] 8. If a tract of land has water rights, the application
shall be accompanied by a water rights division plan which can be
reviewed [approved] by the irrigation district or other water
district holding the water rights, or when there is no such
district, the county watermaster;
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9. Title Report or Subdivision Guarantee. [Location of all
existing buildings, canals, ditches, septic tanks and drainf ields; ]
[10. Location of any topographical feature which could impact
the partition, such as canyons, bluffs, rock outcroppings, natural
springs and floodplains;]
[11. Location, width, name, curve radius and grade of proposed
rights of way.]
C. Information for parcels located within a Surface Mining Impact
Area (SMIA) zones. For each parcel wholly or partially within in
a SMIA zone under Title 18 of the Deschutes County Code, an
applicant shall submit a site plan, accompanied by appropriate site
plan fees, indicating the location of proposed noise or dust
sensitive uses (as defined in Title 18), the location and
dimensions of any mitigating berms or vegetation and data
addressing the standards of Chapter 18.56 of Title 18, with respect
to allowed noise or dust sensitive uses.
Section 22. Present Section 17.28.020, "Requirements for
approval," renumbered under Section 20 above as Section 17.22.020, is
amended to read as follows:
1117.22.020 [17.28.020] Requirements for approval.
A. No application for partition shall be approved unless the
following requirements are met:
1. Proposal is in compliance with Oregon Revised Statutes
Chapter 92, the applicable comprehensive plan and applicable zoning
ordinance. A proposed partition is not in compliance with the
zoning ordinance if it would conflict with the terms of a
previously issued approval for a land use on the property or would
otherwise create a non -conforming use on any of the newly described
parcels with respect to an existing structure or use.
2. Proposal does not conflict with existing public access
easements within or adjacent to the partition.
3. The partition is accessed either by roads dedicated to the
public or by way of United States Forest Service or Bureau of Land
Management roads where applicant has submitted a written agreement
with the appropriate land management agency providing for permanent
legal access to the parcels and any required maintenance. This
provision shall not be subject to variance.
4. An access permit can be obtained from either the County
Public Works Department, the City Public Works Department or the
State Highway Division.
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[3]5. Each parcel is suited for the use intended or
offered, considering the size of the parcels, natural hazards,
topography and access.
4. All required utilities, public services and facilities
are available and adequate and are proposed to be provided by the
petitioner.
5. A[n approved] water rights division plan, reviewed and
approved by the appropriate irrigation district or the
Watermaster's Office, if [applicable] water rights are associated
with the subject property;
6. [Partitions adjoining SM zones shall be approved on the
condition that deeds for parcels created by the partition will
contain a statement noting the existence and location of such zones
in relation to the subject parcel. ] For partitions or portions
thereof within one-half mile of SM zones, the applicant shows that
a noise or dust sensitive use, as defined in Title 18 of the
Deschutes County Code, can be sited consistent with the
requirements of Chapter 18.56 of Title 18, as demonstrated by the
site plan and accompanying information required to be submitted
under Section 17.28.010 (C) of this chapter.
B. [The hearings body shall deny an application for partitioning
when it appears the partitioning is part of a plan or scheme to
create more than three parcels without going through subdivision,
or is part of a development pattern having the effect of creating
more than three parcels without subdividing.] If the Planning
Director determines that the proposed partition constitutes series
partitioning, or if series partitioning has occurred in the past,
then the Planning Director may refer the application to the
Hearings Officer for a determination as to whether the application
should be subject to the requirements of Sections 17.36.300, Public
Water Supply System, and 17.48.160, Road Development Requirements
for Subdivisions.
C. Protective covenants and homeowner's association agreements
are irrelevant to any partition approval and will not be reviewed
by the county. Any provision in such agreements not in conformance
with the provisions of this title or applicable zoning ordinance
are void as against the County."
Section 23. Present Section 17.28.030, "Improvement Requirements,"
renumbered under Section 20 above as Section 17.22.030, is further
amended to read as follows:
1117.22.030 [17.28.030] Improvement requirements.
In the approval of a land partition, the County shall consider the
need for street and other improvements, and may require as a
condition of approval any improvements that may be required for a
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012'7-1232
subdivision under the provisions of this title. All roads in
partitions [where a right of way dedication is proposed] shall be
dedicated to the public without reservation or restriction."
Section 24. Present Section 17.28.040, "Application Review,"
renumbered under Section 20 above as Section 17.22.040, is further
amended to read as follows:
"17.22.040 [17.28.040] Application review.
Following submission of an application for a land partition, the
[Planning Director or Hearings Body shall review the plan and
application and any comments received thereon, and shall either
approve or deny the application] application shall be reviewed in
accordance with Title 22 of the Deschutes County Code."
Section 25. Present Section 17.28.050, "Special Partition
Regulations," renumbered under Section 20 above as Section 17.22.100,
is further amended to read as follows:
"17.22.100 [17.28.100] Special partition regulations.
A. The partitioning of a tract of land in which not more than one
additional parcel is created, and transferred to a [public or
semipublic agency] governmental agency or special district for the
purpose of road, railway, electric substation, canal right of way,
or irrigation district use, may be approved by the Planning
Director without going through a Variance procedure. The new
parcel may be less than the minimum lot size in the zone within
which it is located, provided it is utilized for one of the above
purposes. A partition application shall be required.
[B. The adjustment of a lot line by the relocation of a common
boundary where an additional parcel or tax lot is created, or when
a parcel existing before the adjustment is reduced below the
minimum lot size established by the applicable zoning shall be
treated as a partition.]
Changes and Additions to
Provisions in Chapter 17.24, "Final Plat."
Section 25A. Section 17.24.040, "Form," is amended to read as
follows:
"The final plat shall be submitted in the form prescribed by
state statute and this title. All plats and other writings or
dedications made a part of such plats offered for recording
shall be made in black ink upon an eighteen inch by twenty-
four inch sheet, with an additional three-inch binding edge on
the left side. The plat shall be made upon drafting material
of at least 4 mil thickness that is suitable for binding and
copying and have such other characteristics of strength and
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012'7-1233
permanency as may be required by the County Surveyor. All
signatures on the original subdivision or partition plat shall
be in permanent black India -type ink. The plat shall be of
such a scale as established by the County Surveyor, and the
lettering of the approvals, dedications, the surveyor's
certificate [affidavit of the surveyor], and all other
information shall be of such size or type as will be clearly
legible, but no part shall come nearer to any edge of the
sheet than one inch. The plat may contain as many sheets as
necessary, but an index page shall be included for plats of
three or more sheets."
Section 25AA. The title of Section 17.24.050, "Requirements of
Survey and Plat of Subdivision," is amended to read "Requirements of
Survey and Plat."
Section 26. Section 17.24.060, "Required Information," of Title
17 is amended to read as follows:
"17.24.060 Required information.
In addition to that required for the tentative plan or otherwise
specified by law, the following information shall be shown on the
submitted plat:
A. Name of subdivision [or partition] and plat number for a final
subdivision plat, or the partition application number and space for
the partition plat number for a final partition plat.
B. Name of owner, applicant and surveyor.
C. The date, scale, true north [point], key to symbols,
controlling topography such as bluffs, creeks and other bodies of
water, and existing highways and railroads.
D. Legal description of the tract boundaries.
E. The exact location and width of streets and easements
intercepting the boundary of the tract.
F. Tract, [block or] lot or parcel boundary lines and street
rights of way and centerlines, with dimensions, bearing or
deflection angles, radii, arcs, points of curvature and tangent
bearings. Normal high water lines for any creek, bay or other body
of water. Tract boundaries and street bearings shall be shown to
the nearest second with the basis of bearings. Distances shall be
shown to the nearest 0.01 feet.
G. Streets. The width of the streets being dedicated and the
curve data shall be based on the street centerline. In addition
to the centerline dimensions, the radius and central angle shall
be indicated, together with the long chord distance and bearing.
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012'7-1234
H. Easements. The location, dimensions and purpose of all
recorded and proposed public easements shall be shown on the plat
along with the County Clerk's recording reference if the easement
has been recorded with the County Clerk. All such easements shall
be denoted by fine dotted lines and clearly identified. If an
easement is not of record, a statement of the grant of easement
shall be given. If the easement is being dedicated by the plat,
it shall be properly referenced in the owner's certificate of
dedication.
I. Southern Building Line. The southern building line shall be
shown on each lot or parcel which is benefitted by solar height
restrictions on burdened lots within the subdivision or partition.
[J. Solar Height Restriction. The solar height restriction shall
be shown on the plat for each lot or parcel burdened by the solar
access of another lot or parcel. This provision shall be waivable
for parcels of ten (10 ) acres or more if, in the opinion of the
planning director, adjoining lots or parcels would not be
benefitted by such a requirement.]
J. Bicycle and Pedestrian Facilities. The location, width and
type (i.e. route, lane or path) of all bicycle and pedestrians
facilities, including access corridors.
K. Lot or Parcel Numbers. Lot or parcel number beginning with
the number one and numbered consecutively [in each block].
L. Block Numbers. Block numbers shall not be allowed for any
subdivision application submitted for tentative approval after
January 1, 1992, unless such subdivision is a continued phase of
a previously recorded subdivision, bearing the same name, that has
previously used block numbers or letters. The numbers shall begin
[ning] with the number one and [continuing] continue consecutively
without omission or duplication throughout the subdivision [or
partition]. The numbers shall be placed so as not to obliterate
any figure. Block numbers in an addition to a subdivision [or
partition] of the same name shall be a continuation of the
numbering in the original subdivision [or partition].
M. Public Lands. Public lands, including strips and easements,
shall be clearly marked to distinguish them from lots or parcels
intended for sale.
N. Access Restrictions. Limitations on rights of access to and
from streets, lots or parcels and other tracts of land.
0. Area. The area of each lot or parcel, if larger than one
acre, to the nearest hundredth of an acre; and the area of each lot
or parcel less than one acre, to the nearest square foot.
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012'7-1235
[P. Dedications. Dedications of all common improvements,
including, but not limited to, streets, roads, parks, sewage
disposal and water supply systems, where dedication of such
improvements is required as a condition of approval of the
tentative plan.]
[Q]P. Statement of Water Rights. [If lots or parcels have
appurtenant water rights, the amount of water to be allocated to
each lot or parcel shall be indicated on each lot or parcel.]
1. Each subdivision or partition plat shall include a statement
of water rights on the plat. The statement shall indicate whether
a water right or permit is appurtenant to the subject property.
If a water right is appurtenant, the certificate number must appear
with the statement. If a water permit rather than a perfected
water right is appurtenant, the permit number shall be included on
the plat.
2. If a water right is appurtenant, the applicant shall submit
a copy of the final plat to the State Water Resources Department,
except for those plats with lots or parcels served by irrigation
districts.
3. All final plats for parcels within an irrigation district
shall be signed by an authorized person from the district.
R. [Affidavits] Statements. The following [affidavits]
statements are required:
[1. An acknowledged affidavit signed by all parties having
any ownership interest of record in the land, consenting to the
preparation and recording of the plat. This affidavit and the
affidavit required by subsection (R)(2) below may be made on a
separate document if, due to the number and location of parties,
making such affidavits on the plat would not be practical.]
[2. An affidavit signed and acknowledged by all parties
having any interest of record in the land dedicating all land
intended for public use, except land intended for the exclusive use
of the owners of the lots or parcels in the subdivision or
partition, their licensees, visitors, tenants and servants.]
[3. An acknowledged affidavit regarding preparation of the
plat in conformance with the provisions of state law signed by the
surveyor responsible for the survey and final plat and stamped with
his seal.]
1. Land Divider's Declaration
a. An acknowledged affidavit of the person proposing the
land division (declarant) stating that he has caused the
plat to be prepared in accordance with the provisions of
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0127-1236
ORS Chapter 92 and dedicating any common improvements,
such as streets, bike paths or walkways, parks or open
space, sewage disposal or water supply systems, required
under this Chapter or as a condition of approval of the
tentative plan or plat. The declaration shall also
include the creation of any other public or private
easements.
b. If the declarant is not the fee owner of the property,
the fee owner and the vendor under any instrument of
sale shall also execute the declaration for the purpose
of consenting to the property being divided and to any
dedication or creation of an easement or other
restriction. Likewise, the holder of any mortgage or
trust deed shall also execute the declaration for
purposes of consenting to the property being divided and
for the purpose of assenting to any dedication or
creation of an easement or other restriction.
C. In lieu of signing the declaration on the plat, any
required signatory to the declaration other than the
declarant may record an acknowledged affidavit
consenting to the declaration and to any dedication or
donation of property for public purposes or creation of
an easement or other restriction.
2. A certificate certifying preparation of the plat in
conformance with the provisions of state law signed by the surveyor
responsible for the survey and final plat and stamped with his
seal.
[4]3. Any other affidavit required by state regulations.
[S].R Signature Lines. Unless otherwise stated herein,
signature lines for the following officials signifying their
approval:
1. County Surveyor.
2. Director of Public Works.
3. County [sanitarian] Environmental Health Director, unless
the property is to be connected to a municipal sewer system.
4. County Assessor (subdivisions and nonfarm partitions
only).
5. County Tax Collector (subdivisions only).
6. Authorized agent for any irrigation district servicing
the subdivision or partition.
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0127-123'7
7. County Planning Director.
8. County Commissioners.
9. Any other signature required by state regulation.
[T]S. The plat shall contain a statement located directly beneath
the signatures of the county commissioners stating as follows:
"Signature by the Board of County Commissioners constitutes
acceptance by the county of any [right-of-way dedicated] dedication
made herein to the public.
[U]T. Adjacent SM zone. Any plat of a subdivision or partition
adjoining an SM zone must clearly show where such zone is located
in relation to the subdivision or partition boundaries."
Section 27. Section 17.24.100, "Technical Review," of Title 17 is
amended to read as follows:
"17.24.100 Technical review.
A. Review by surveyor.
1. The County Surveyor shall, after receipt of such fees
provided by law or county ordinance, review the plat for
conformance with the requirements of Chapter 92 of the Oregon
Revised Statutes.
2. The Surveyor shall not approve a partition unless he is
satisfied that all required monuments on the exterior boundary and
all required parcel corner monuments have been set.
3. The County Surveyor may require that the setting of
interior corners for a subdivision be delayed if the installation
of street and utility improvements has not been completed or if
other contingencies justify the delay. In such cases, the surveyor
shall require payment of a bond to the county as provided for in
section 17.24.130 of this title.
4. Any plat prepared by the County Surveyor in his private
capacity shall be approved by the County Surveyor of another county
in accordance with Oregon Revised Statutes sections 92.100 (4).
[B. Ordinance check.
1. Upon payment by the applicant of any fees required by the
county, the planning director (or his designees) and such other
county departments as he shall deem appropriate shall review the
plat and other data submitted with it to determine whether or not
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0127-1238
the subdivision or partition as shown is substantially the same as
it appeared on the approved tentative plan and for compliance with
provisions of this title and other applicable laws.
2. Review and approval under this subsection shall occur in
accordance with Section 17.24.110 of this chapter.]
[C]B. Field Check. The Director of Public Works, the Planning
Director and the County Surveyor or their designated
representatives may make such checks in the field as are required
by law or are otherwise desirable to verify that the plat is
sufficiently correct. [The director of public works, planning
director and county surveyor, or their designated representatives,]
They may enter the property for this purpose.
Section 28. Title 17, "Final Plat Review," is amended to add a new
Section 17.24.105 as follows:
"17.24.105 Final Plat Review.
1. Upon payment by the applicant of any fees required by the
county, the Planning Director and such other county departments as
he shall deem appropriate shall review the plat and other data
submitted with it to determine whether or not the subdivision or
partition as shown is substantially the same as it appeared on the
approved tentative plan and for compliance with provisions of this
title, the tentative approval, and other applicable laws. If the
Planning Director determines all conditions of approval have been
satisfied, the final plat shall be submitted to the Board of County
Commissioners for their signatures.
2. Review and approval under this section shall occur in
accordance with Section 17.24.110."
Section 29. Section 17.24.110, "Conditions of Approval," of Title
17 is amended to read as follows:
"17.24.110 Conditions of approval.
A. The [hearings body] Planning Director and Public Works
Director shall determine whether or not the plat conforms with the
approved tentative plan and this title. If the [hearings body]
Planning Director and/or Public Works Director does not approve the
plat, [it] they shall advise the applicant of the changes or
additions that must be made, and shall afford him an opportunity
to make corrections. If the [hearings body] Planning Director and
Public Works Director determine[s] that the plat conforms to all
requirements and if, in the case of partitions, [it] they
determine[s] that all current taxes and assessments are paid, [it]
they shall recommend approval, provided supplemental documents and
provisions for required improvements are satisfactory.
Recommendation of approval of the plat does not constitute final
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012'7-1239
approval, such authority for final approval being vested with the
governing body.
B. No plat of a proposed subdivision or partition shall be
approved unless:
1. Streets and roads for public use are to be dedicated
without any reservation or restriction;
2. Streets and roads held for private use and indicated on
the tentative plan have been approved by the county;
3. The plat contains provisions for dedication to the public
of all common improvements, including, but not limited to,
streets,roads, parks, sewage disposal and water supply systems, if
made a condition of the approval of the tentative plan;
4. Explanations of all common improvements required as
conditions of approval of the tentative plan shall be recorded and
referenced on the final plat;
[5. If the subdivision or partition adjoins an SM zone, the
existence and location of such zone shall be entered on the deeds
for all lots or parcels created by the subdivision or partition.]"
Section 30. Section 17.24.120 (B) of Title 17 is amended to read
as follows:
"Section 17.24.120 Improvement Agreement
B. No building permit shall be issued for any lot or parcel of
a platted subdivision or partition until the required improvements
are completed and accepted by the county [, unless this provision
is waived by the hearings body because of the character of the
subdivision or partition]. One building permit for a dwelling may
be allowed for the entire parent parcel of a subdivision or
partition prior to final plat approval, provided there are no other
dwellings on the subject property, all land use approvals have been
obtained and the siting of the dwelling is not inconsistent with
the tentative plat approval.
Section 31. Section 17.24.150 (B) of Title 17 is amended to read
as follows:
"17.24.150 Recording
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B. The applicant must present the original approved plat plus two
exact mylar copies at the time of recording. The surveyor who made
the plat shall make an affidavit [to indicate] on the mylar copies
indicating that the copy or tracing is a[n] true and exact copy of
the plat. Prior to submission to the County Clerk of a plat of a
county -approved subdivision or partition, the applicant shall
provide [the required number of] 15 blue line copies of the plat
[,as determined by the planning director,] to the [County] Planning
[Director] Division and pay the appropriate cartography fee. No
plat shall be recorded with the County Clerk unless accompanied by
a written statement from the Planning Division that all
requirements have been met.
* *n
Changes to, Additions to, and Repeal of
Provisions in Chapter 17.36, "Design Standards."
Section 31A. Section 17.36.020, "Streets," of Title 17 is amended
to read as follows:
"17.36.020 Streets
A. The location, width and grade of streets shall be
considered in their relation to existing and planned streets,
topographical conditions, public convenience and safety, and the
proposed use of land to be served by the streets. The street
system shall assure an adequate traffic circulation system for all
modes of transportation, including pedestrians, bicycles, and
automobiles, with intersection angles, grades, tangents and curves
appropriate for the traffic to be carried, considering the terrain.
The subdivision or partition shall provide for the continuation of
the principal streets existing in the adjoining subdivision or
partition or of their proper projection when adjoining property
which is not subdivided, and such streets shall be of a width not
less than the minimum requirements for streets set forth in this
chapter.
B. Streets in subdivisions shall be dedicated to the public,
unless located in a destination resort, planned community or
planned or cluster development, where roads can be privately owned.
Planned developments shall include public streets where necessary
to accommodate present and future through traffic.
C. Streets in partitions shall be dedicated to the public."
Section 32. Section 17.36.030, "Division of Land," of Title 17 is
amended to read as follows:
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0127-1.2-041
"17.36.030 Division of land.
Any proposal for a condominium conversion which results in a
division of real property shall comply with the provisions of [this
chapter,] Title 17 and Oregon Revised Statutes Chapter 92."
Section 33. Section 17.36.040, "Existing Streets," of Title 17 is
amended to read as follows:
"17.36.040 Existing streets.
Whenever existing streets, adjacent to or within a tract, are of
inadequate width to accommodate the increase in traffic expected
from the subdivision or partition or by the county roadway network
plan, additional rights of way shall be provided at the time of the
land division by the applicant. During consideration of the
tentative plan for the subdivision or partition the Planning
Director or Hearings Body, together with the Public Works Director,
shall determine whether improvements to existing streets adjacent
to or within the tract, are required. If so determined, such
improvements shall be required as a condition of approval for the
tentative plan. Improvements to adjacent streets shall be required
where traffic on such streets [shall] will be directly affected by
the proposed subdivision or partition."
Section 34. Section 17.36.090, "Reserve Strips," is hereby
repealed.
Section 35. Section 17.36.100, "Marginal access streets," is
renamed "Frontage Roads," and is further amended to read as follows:
"17.36.100 [Marginal access streets] Frontage roads
A. If a land division abuts or contains an existing or proposed
collector or arterial street, the Planning Director or Hearings
Body may require [marginal access streets] frontage roads, reverse
frontage lots or parcels with suitable depth, screen planting
contained in a non -access reservation along the rear or side
property line, or other treatment necessary for adequate protection
of residential properties and to afford separation of through and
local traffic. Provision may be made for emergency access. All
[marginal access streets] frontage roads shall comply with
[appropriate local road standards] the applicable standards of
Table A of this Title.
Section 36. Section 17.36.120, "Street Names," of Title 17 is
amended to read as follows:
"17.36.120 Street names.
Except for extensions of existing streets, no street name shall be
used which will duplicate or be confused with the name of an
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0127-1042
existing street in a nearby city or in the county. Street names
and numbers shall conform to the established pattern in the county
and shall require approval from the County Property Address
Coordinator.
Section 37. Section 17.36.130, "Sidewalks," is amended to read as
follows:
"17.36.130 Sidewalks.
A. Within an urban growth boundary, sidewalks [are required to]
shall be installed on both sides of a public road or street and in
any special pedestrian way within the subdivision or partition and
along any collectors and arterials improved in accordance with the
subdivision or partition approval. [In the case of streets serving
residential areas having single-family dwellings located on lots
or parcels equivalent to two and one-half or fewer dwellings per
acre, the requirement of sidewalks shall not apply, provided there
is no evidence of regular pedestrian activity along the streets
involved.]"
B. Within an urban area, sidewalks shall be required along
frontage roads only on the side of the frontage road abutting the
development.
C. Sidewalk requirements for areas outside of urban areas are set
forth in Section 17.48.175. In the absence of a special
requirement set forth by the Director of Public Works under Section
17.48.030, sidewalks and curbs are never required in rural areas
outside rural service centers."
Section 38. Title 17 is amended to repeal Section 17.35.140,
"Bicycle Routes," and replace it with a new section 17.36.140,
"Bicycle, Pedestrian and Transit Requirements," as follows:
"17.36.145 Bicycle, Pedestrian and Transit Requirements
A. Pedestrian and Bicycle Circulation within Subdivision.
1. The tentative plan for a proposed subdivision shall provide
for bicycle and pedestrian routes, facilities and improvements
within the subdivision and to nearby existing or planned
neighborhood activity centers, such as schools, shopping areas
and parks in a manner that will (a) minimize such interference
from automobile traffic that would discourage pedestrian or
cycle travel for short trips; (b) provide a direct route of
travel between destinations within the subdivision and
existing or planned neighborhood activity centers, and (c)
otherwise meet the needs of cyclists and pedestrians,
considering the destination and length of trip.
2. Subdivision layout.
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0120 7-1043
(a) Cul-de-sacs or dead-end streets shall be allowed only
where, due to topographical or environmental
constraints, the size and shape of the parcel, or a lack
of through -street connections in the area, a street
connection is determined by the Planning Director or
Hearings Body to be infeasible or inappropriate. In
such instances, where applicable and feasible, there
shall be a bicycle and pedestrian connection connecting
the ends of cul-de-sacs to streets or neighborhood
activity centers on the opposite side of the block.
(b) Bicycle and pedestrian connections between streets shall
be provided at mid -block where the addition of a
connection would reduce the walking or cycling distance
to an existing or planned neighborhood activity center
by 400 feet and by at least 50 percent over other
available routes.
(c) Local roads shall align and connect with themselves
across collectors and arterials. Connections to
existing or planned streets and undeveloped properties
shall be provided at no greater than 400 foot intervals.
(d) Connections shall not be more than 400 feet long and
shall be as straight as possible.
3. Facilities and Improvements
(a) Bikeways may be provided by either a separate paved path
or an on -street bike lane, consistent with the
requirements of this title.
(b) Pedestrian access may be provided by sidewalks or a
separate paved path, consistent with the requirements of
this title.
(c) Connections shall have a 20 -foot right of way, with at
least a 10 -foot usable surface."
Section 38A. Section 17.36.150, "Blocks," of Title 17 is amended
to read as follows:
"17.36.150 Blocks
A. General. The length, width and shape of blocks shall
accommodate the need for adequate building site size, [and] street
width, and direct travel routes for pedestrians and cyclists
through the subdivision and to nearby neighborhood activity
centers, and shall be compatible with the limitations of the
topography.
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0127-1044
B. Size. Within an urban growth boundary, no block shall be
longer than one thousand two hundred feet between street lines.
In blocks over eight hundred feet in length, there shall be a cross
connection [walkway of not less than ten feet in width near the
middle of the block] consistent with the provisions of Section
17.36.140."
Section 39. Section 17.36.180, "Frontage Lots," is renamed
"Frontage," and is further amended to read as follows:
"17.36.180 Frontage [lots].
A. Each lot or parcel shall abut upon a public road [street or
an officially approved way other than an alley] for at least fifty
feet, except for lots or parcels fronting on the bulb of a cul de
sac, then the minimum frontage shall be thirty feet, and except for
partitions off of US Forest Service or Bureau of Land Management
roads.
B. All side lots lines shall be at right angles to street lines
or radial to curved streets wherever practical.
Section 40. Section 17.36.240, "Special Setbacks," is hereby
repealed.
Section 41. Section 17.36.280, "Water and sewer lines," is amended
to read as follows:
"17.36.280 Water and sewer lines.
[Within an urban growth boundary, all subdivisions and partitions
shall provide water and sewer lines constructed to county and city
standards and specifications, which shall be consistent with the
appropriate urban area agreement.] Where required by the
applicable zoning ordinance, water and sewer lines shall be
constructed to county and city standards and specifications.
Required water mains and service lines shall be installed prior to
the curbing and paving of new streets in all new subdivisions or
partitions."
Section 42. Section 17.36.290, "Individual Wells," is amended to
read as follows:
"17.36.290 Individual wells.
In any [development] subdivision or partition where individual
wells are proposed, the applicant shall provide documentation of
the depth and quantity of potable water available from a minimum
of [one well] two wells within one mile of the proposed
[development] land division. Notwithstanding Section 17.36.300,
individual wells for subdivisions are allowed when parcels are
larger than ten acres.
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G1?7-1.45
Section 43. Section 17.36.300, "Community domestic water supply
system," is renamed "Public water system," and is further amended to
read as follows:
"17.36.300 [Community domestic] Public water [supply] system.
In any [development] subdivision or partition where a [community]
public water [supply] system is required or proposed, plans for the
water [supply] system shall be submitted and approved by the
appropriate state or federal agency. A community water [supply]
system shall be required where lot or parcel sizes are less than
one acre or where potable water sources are at depths greater than
five hundred feet, excepting land partitions. Except as provided
for in Sections 17.24.120 and 17.24.130, a required water system
shall be constructed and operational, with lines extended to the
lot line of each and every lot depicted in the proposed subdivision
or partition plat, prior to final approval.
Changes to, Additions to, and Repeal of
Provisions in Chapter 17.44,
"Park Development."
Section 44. Section 17.44.010, "Development within an urban growth
boundary," is renamed "Dedication of Land," and is further amended to
read as follows:
"17.44.010 Dedication of land. [Development within an urban
growth boundary]
A. [A subdivision] For subdivisions or partitions inside an urban
growth boundary, the developer shall set aside and dedicate to the
public for park and recreation purposes not less than [ five percent
of the gross area of such development within the Redmond urban
growth boundary, or not less than] eight percent of the gross area
of such development [within the Bend urban growth boundary], if the
land is suitable and adaptable for such purposes and is generally
located in an area planned for parks.
B. For subdivisions or partitions outside of an urban growth
boundary, the developer shall set aside a minimum area of the
development equal to $350.00 per dwelling unit within the
development, if the land is suitable and adaptable for such
purposes and is generally located in an area planned for parks.
[B.]C. The Planning Director or Hearings Body shall determine
whether or not such land is [, in fact] suitable for park purposes;
provided further, that any such approval shall be subject to the
condition that the county or appropriate park district accept the
deed dedicating such land.
[C. In the event there is no suitable park or recreation area or
site in the proposed subdivision or adjacent thereto, then the
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0127-100C.46
developer shall, in lieu of setting aside land, pay into a park
acquisition fund a sum of money equal to the fair market value of
the land that would have been donated under subsection A of this
section. For the purpose of determining the fair market value, the
latest value of land, unplatted and without improvements, as shown
on the county assessor's tax roll shall be used. The sum so
contributed shall be used for acquisition of suitable area for park
and recreation purposes or for the development of recreation
facilities. Such expenditures shall be made for neighborhood or
community facilities within the area of the community that will
reasonably benefit the contributing subdivision.]
[D. Funds contributed in lieu of park land shall be credited to
a park acquisition and development fund, and shall be deposited
with the county treasurer. Such funds may be expended only on
order of the board of county commissioners for the purpose of
acquiring or developing land for park or recreation purposes.]
Section 45. Section 17.44.020, "Development outside an urban
growth boundary," is repealed.
Section 46. Title 17 is amended to add a new Section 17.44.020,
"Fee in lieu of dedication," to read as follows:
"17.44.020 Fee in lieu of dedication.
A. In the event there is no suitable park or recreation area or
site in the proposed subdivision or partition, or adjacent thereto,
then the developer shall, in lieu of setting aside land, pay into
a park acquisition and development fund a sum of money equal to the
fair market value of the land that would have been donated under
17.44.010 above. For the purpose of determining the fair market
value, the latest value of the land, unplatted and without
improvements, as shown on the county assessor's tax roll shall be
used. The sum so contributed shall be deposited with the County
Treasurer and be used for acquisition of suitable area for park and
recreation purposes or for the development of recreation
facilities. Such expenditures shall be made for neighborhood or
community facilities at the discretion of the Board of County
Commissioners and/or applicable park district."
Changes to, Additions to, and Repeal of
Provisions in Chapter 17.48,
"Design and Construction Specifications."
Section 47. Section 17.48.040, "Approval of Variations," is
amended to read as follows:
"17.48.040 Approval of variations.
A. The Planning Director or Hearings Body [director of public
works] may approve proposed variations in the improvement
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0127-10247
[plans] standards of up to ten percent of the standards of
this Title at the time a tentative plat application is
reviewed without the need for a variance to the standards [up
to plus or minus ten percent of the standard or design
tentatively approved,] provided the Planning Director or
Hearings Body finds, after consultation with the County Public
Works Director, that:
[A]1. There is no adverse impact to the public in allowing
the variations;
[B]2. The variation promotes the intent and purposes of the
ordinances; and
[C]3. There are practical difficulties that will create an
unreasonable construction expense that will not result in a
significant public benefit.
B. If a request for a variance from the standards is made after
approval of a tentative plat and before the final plat, the
applicant shall file a separate variance application, to be
reviewed under the criteria set forth in subsection A of this
section."
Section 48. Section 17.48.050, "Road Design," is amended to read
as follows:
"17.48.050 Road design.
[This section sets forth the minimum design standards acceptable
to the department of public works for new roads or improvements to
existing roads.] The design of [the] roads covered by this title
is to be prepared by a registered professional engineer and shall
at a minimum conform to the design standards for new or existing
roads set forth in Table A of this title and shall otherwise
conform with AASHTO standards [the policies of the American
Association of State Highway and Transportation Officials (AASHTO),
as constituted on January 1, 1982, and as otherwise amended]. Base
and pavement dimensions set forth in Table A may be increased by
the Director of Public Works if necessitated by anticipated traffic
volumes.
Section 48A. Section 17.48.080, "Vertical Alignment," is amended
to read as follows:
"17.48.080 Vertical Alignment
A. Vertical curves shall be designed to be consistent with and
complimentary to the horizontal curves. [Minimum] Vertical curves
[will] shall be [those shown in Table B. (See Table B set out at
the end of this title.)] designed in accordance with AASHTO
standards.
Page 33 - ORDINANCE No. 93-012 (8-4-93)
01207-1048
B. Maximum percent of grade shall be as shown in Table A. (See
Table A set out at end of this title. Minimum grade shall be one
percent for all roads, unless a drainage plan is submitted to and
approved by the Director of Public Works.
C. Angle points shall not be allowed on grad breaks over one
percent."
Section 48AA. Section 17.48.090, "Intersections," is amended to
read as follows:
A. All intersections shall be planned for through traffic on the
street with the greatest project average daily traffic (ADT). The
side street shall be at right angle to the main street. Horizontal
and vertical alignment for an intersection shall be as shown in
Drawing No. D-6. (See Drawing D-6 set out at the end of this
title, and by this reference incorporated herein.)
B. Intersecting streets, including driveways to commercial and
industrial properties, shall be separated by at least the following
distances when the through road is:
1. Arterial, five hundred feet.
2. Collector, three hundred feet.
3. Local, one hundred feet;
4. Industrial park, two hundred fifty feet; and
5. Primary access, two hundred fifty feet.
To be measured between intersecting centerlines of the streets or
driveways.
[C. Valley gutters shall be constructed in accordance with Drawing
No. D-3 (see Drawing No. D-3 set out at the end of this title) when
intersecting streets are to be curbed.]
Section 49. Section 17.48.140, "Bicycle Lanes," is repealed and
replaced with a new section 17.48.140, "Bikeways," as follows:
"17.48.140 Bikeways
A. General Design Criteria.
1. Bikeways shall be designed in accordance with the current
standards and guidelines of the State of Oregon Bicycle Master
Plan, the American Association of State Highway Transportation
Officials (AASHTO) Guide for Development of New Bicycle
Facilities, and the Deschutes County Bicycle Master Plan.
Page 34 - ORDINANCE No. 93-012 (8-4-93)
0127-149
2. All collectors and arterials shown on the County
Transportation Plan map shall be constructed to include
bikeways as defined by the Deschutes County Bicycle Master
Plan.
3. If interim road standards are used, interim bikeways and/or
walkways shall be provided. These interim facilities shall
be adequate to serve bicyclists and pedestrians until the time
of road upgrade.
B. Bike Paths
1. Bike paths shall be used where aesthetic, recreation and
safety concerns are primary and a direct route with few
intersections can be established. If private roads are constructed
to a width of less than 28 feet, bike paths shall be provided.
2. Bike paths are two-way facilities with a standard width
of 10 feet, but with a 12 -foot width if there are multiple users.
These paths shall meet County bike path standards and shall connect
with bikeways on public roads.
C. Bike Lanes
Six-foot bike lanes shall be used on new construction of urban
arterials and collectors and on rural arterials and collectors with
more than 50 bicycle average daily trips (BADTs). On rural
arterials and collectors without curbs, the bike lane shall be a
minimum of 4 feet wide. Where the travel lane on an existing
arterial or collector is not greater than 11 feet, the bike lane
shall be a minimum of 4 feet wide.
D. Shoulder bikeways
1. Shoulder bikeways shall be used on new construction of
uncurbed arterials and collectors and on any uncurbed street having
20-50 BADTs.
2. Shoulder bikeways shall be at least 4 feet wide, except
that on curbed roadways having 20-50 BADTs, the bike lane shall be
at least 5 feet wide.
E. Shared roadways
1. Shared roadways shall be used on streets having fewer
than 20 BADTs (new rural construction other than local and primary
access requires a 2.5 -foot shoulder). Shared roadways shall also
be used as interim facilities on existing arterials and collectors
with a travel lane at least 14 feet wide (signing is required if
the travel lane is less than 14 feet wide and there are more than
20 BADTs).
Page 35 - ORDINANCE No. 93-012 (8-4-93)
012 7-1x,
F. Mountain bike trails
1. Mountain bike (dirt or other unpaved surface) trails may
be used as recreational or interim transportation facilities.
2. Trails used for transportation shall have a 2 -foot
minimum tread width and a 6 -foot minimum clearing width centered
over the trail, and a minimum overhead clearance of 7 feet. Trails
used solely for recreational use may be narrower with less clearing
of vegetation.
Section 50. Section 17.48.160, "Road Development Requirements -
Standards," is amended to read as follows:
"17.48.160 Road development requirements - Standards.
A. Subdivision Standards. All roads in new subdivisions shall
[have all public roads within the subdivision] either be
constructed to a standard acceptable for inclusion in the county
maintained system or the subdivision shall be part of a special
road district or a homeowners association in a planned unit
development.
B. Improvements of Public Rights of Way.
1. The developer of a subdivision or partition [or site
plan] will be required to improve all public ways that are adjacent
or within the land development.
2. All improvements within public rights of way shall
conform to the improvements standards designated in this title for
the applicable road classification.
C. Primary Access Roads. [All new subdivisions shall have a road
improved to a primary access road standard from an existing paved
county, city or state maintained road to the subdivision.] The
primary access road for any new subdivision shall be improved to
the applicable standard set forth in Table A. The applicable
standard shall be determined with reference to the road's
classification under the relevant transportation plan. For the
purposes of this section a primary access road is a road leading
to the subdivision from an existing paved county, city or state
maintained road that provides the primary access to the subdivision
from such a road.
D. Secondary Access Roads. When deemed necessary by the County
Public Works Director or Planning Director, a secondary access road
shall be constructed to the subdivision. Construction shall be to
the same standard used for roads within the subdivision.
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012'7-1051
E. Stubbed Roads. Any proposed road that terminates at a
development boundary shall be constructed with a paved cul de sac
bulb.
F. Cul de sacs. Cul de sacs shall have a length of less than six
hundred feet, unless a longer length is approved by the applicable
fire protection district, and more than 100 feet from the center
of the bulb to the intersection with the main road. The maximum
grade on the bulb shall be four percent.
G. Frontage Roads. Right of way widths shall be 40 feet when
immediately adjacent to a main highway/arterial; 60 feet when the
frontage road is separated from the highway or arterial by private
land.
Section 51. Section 17.48.170, "Road Development Requirements -
Partitions," is amended to read as follows:
"17.48.170 Road development requirements - Partitions.
Roadway improvements within a partition and to a road maintained
by a public agency shall be constructed prior to final approval of
the partition, depending on the maximum parcel size as follows:
[A. For a partition with an average parcel size of twenty acres
or larger, the minimum roadway section shall be a graded road at
least twenty feet wide;]
[B]A. For a parcel size of ten acres or larger, [but less than
twenty acres,] the minimum [roadway section] road improvement
standard shall be twenty feet wide with five inches of aggregate
surfacing (cinders are acceptable), the centerline of which
coincides with the centerline of the right of way;
[C]B. For a parcel size of less than ten acres, the road standards
used [will] shall be the same as for a subdivision.
Section 52. Title 17 is amended to add a new Section 17.48.175,
"Road Development Requirements - Rural Service Centers," as follows:
"17.48.175 Road Development Requirements - Rural Service Centers.
A. Standards
1. In the areas zoned Rural Service Center in LaPine, Tumalo and
Terrebonne, all roads shall be improved with curbs and sidewalks
and to the width specified for the applicable urban classification
in Table A of this title.
2. For areas zoned Rural Industrial (RI) all roads shall be
improved to the width specified for the applicable urban
classification in Table A; no curbs or sidewalks are required.
Page 37 - ORDINANCE No. 93-012 (8-4-93)
0127-1/01152
3. For the areas zoned Rural Service Residential (RSR -M and
RSR -5) , all roads shall be improved with curbs and sidewalks if the
density of development is greater than 2.2 dwelling units per acre.
If the density is 2.2 dwelling units per acre or less, the adjacent
roads shall be improved with curbs and to the width, without
sidewalks, specified for the applicable urban classification in
Table A of the title.
4. No curbs or sidewalks are required in the rural service
centers of Alfalfa, Brothers, Hampton, Millican, Whistle Stop,
Wickiup Junction, Wild Hunt, Deschutes River Woods and Spring
River.
B. All required road improvements shall be located on the
applicant's side of the street, unless the subject property lies
on both sides of the street."
Section 53. Section 17.48.180, "Private Roads," is amended to read
as follows:
"17.48.180 Private roads.
The following minimum road standards shall apply for private roads:
A. [Minimum road width, twenty feet] The minimum paved roadway
width shall be twenty-four feet in planned unit developments and
cluster developments containing twenty or more residential units
when separate paved bicycle/pedestrian ways are provided in the
development. Where separate paved bicycle/ pedestrian ways are not
provided in such developments, the minimum paved roadway width
shall be twenty-eight feet, including four -foot wide bike lanes,
and two -foot wide gravel shoulders;
B. Minimum radius of curvature, fifty feet;
C. Maximum grade, twelve percent;
D. At least one road name sign will be provided at each
intersection for each road;
E. A method for continuing road maintenance acceptable to the
County.
F. Private road systems shall include provisions for bicycle and
pedestrian traffic. Shoulder bike lanes shall be a minimum of 4
feet wide, paved and striped, with no on -street parking allowed
within the bikeway. When private roads are developed to a width
of less than 28 feet, bike paths constructed to County standards
shall be required.
Page 38 - ORDINANCE No. 93-012 (8-4-93)
0127-1� lM
Section 53A. Section 17.48.210, "Access," of Title 17, is amended
to read as follows:
"17.48.210 Access
A. Permit Required. Access onto public right of way or change
in type of access shall require a permit from the Director of
Public Works [, except when access is granted through the land use
permit process]. Access shall be denied at locations that do not
meet sight distance.
B. Access Restrictions and Limitations. The creation of access
onto arterials and collectors is prohibited. In any event,
residential access onto arterials and collectors shall not be
permitted within one hundred feet of an intersection or the maximum
obtainable on the parcel, whichever is less.
C. Commercial and Industrial Access. Requirements for commercial
and industrial access will be determined by the Director of Public
Works in accordance with Section 17.48.090 of this Chapter. Safety
improvements, including left turn lanes and traffic signals, may
be required.
D. Sight Distance. Sight distance shall meet AASHTO standards.
[D. Sight Distance.
1. Sight distance (in feet) shall be the lesser of five
hundred fifty or ten time the posted speed limit (in miles per
hour).
2. Sight distance shall be measure from an eye height of
3.75 feet to an object height of 3.75 feet.]
Section 53AA. Section 17.48.240(A), "Utilities -- Permit," of
Title 17 is amended to read as follows:
"17.48.240 Utilities -- Permit
A. Prior to any work being done in a public right of way, a
permit shall be obtained from the Department of Public Works. A
minimum of two weeks prior to the desired commencement date of the
project, the applicant shall deliver to the Department of Public
Works the following:
1. A completed permit [from (See Appendix A set out at the end
of this Title) on the Deschutes County Department of Public Works
standard form containing the following:
a. Applicant's name, address and telephone number;
Page 39 - ORDINANCE No. 93-012 (8-4-93)
0127-1-01<154
b. Name, address and telephone number of the contractor and
foreman or other person responsible for the work if
different from the contractor;
C. Location of project, including:
i. Township, range and section,
ii. Road name,
iii. Nearest intersecting roads.
d. Type of facility,
e. The proposed starting and completion dates;
2. Two sets of construction plans showing all pertinent
construction details;
3. A plan for traffic control; in the case of a road closure, a
proposed detour and /or other method of controlling traffic;
4. A bond or cash deposit as required in Section 17.48.300 of
this chapter, with an improvement agreement in a form approved by
the Director of Public Works.
Section 53AAA. Section 17.48.340, "Construction -- Testing," of
Title 17 is amended to read as follows:
"17.48.340 Construction -- Testing
All testing shall conform to the methods described in AASHTO
Materials, Part II, Tests, [11th Edition, 1974] 1993 Edition, or
the Oregon State Highway Division Laboratory Manual of Test
Procedure, 1993 Edition."
Section 53B. Section 17.48.420(C), "Construction -- Surfacing
Requirements," of Title 17 is amended to read as follows:
"17.48.420 Construction -- Surfacing requirements.
(C) Asphalt Penetration Macadam. When an oil mat is placed, it
shall be applied in accordance with Section 406 of the General
Specifications. It shall be equal to or greater than a type
0-9 penetration macadam as shown in Appendix [D] B. (See
Appendix [D] B set out at the end of this title.)
Page 40 - ORDINANCE No. 93-012 (8-4-93)
01 2"x--1255
Section 54. Section 17.48.490, "Road and Street Project," is
amended to read as follows:
"17.48.490 Road and street project.
A. Subdivision Standards Applicable. Design and construction
standards set forth in Chapter 17.48 of this title are applicable
to all road and street projects.
B. Land Use Permit Required. A land use permit shall be required
for any Class I or Class [III] II road and street project. No land
use permit shall be required for a Class [II] III road and street
project. The road project shall be reviewed against the applicable
comprehensive plan Transportation Plan element and the following
standards:
a. Compatibility with existing land use and social patterns,
including noise generation, safety hazards (e.g. children in a
residential area), and zoning.
b. Environmental impacts, including hazards imposed to and
by wildlife (e.g. migration or water use patterns).
C. Retention of scenic quality, including tree preservation.
d. Means to improve the safety and function of the facility,
including surrounding zoning, access control and terrain
modifications.
e. In the case of roadways where modification results in a
change of traffic types or density, impacts on route safety, route
land use patterns, and route nonmotorized/pedestrian traffic.
f. Consideration of the potential developmental impact
created by the facility.
g. Cost-effectiveness.
C. Bicycle Lanes. Bicycle lanes[, adjacent to and] consisting
of a portion of the paved roadway and designated by striping,
signing and pavement markings for the preferential or exclusive use
of bicyclists, shall be constructed in conjunction with a road and
street project if the project involves the new construction,
modernization, reconstruction or major alteration of an arterial
or collector to the adopted county road standards (and the road and
street project is on a designated bicycle route].
D. Sidewalks. Sidewalks shall be required in conjunction with
a road and street project in accordance with Section 12.35.065,
"Developed area sidewalks," of the Deschutes County Code.
Page 41 - ORDINANCE No. 93-012 (8-4-93)
€127-1.�5s
Chancres to, Additions to, and Repeal of
Provisions in Chapter 17.56, "Variances."
Section 55. Section 17.56.010, "Application," is amended to read
as follows:
"17.56.010 Application.
The Planning Director or Hearings [officer] Body may authorize a
variance from the requirements of this title. Application for a
variance shall be made by petition stating fully the grounds of the
application and the facts relied upon by the petitioner.
Section 56. Section 17.56.020, "Hearings Officer - Authority," is
renamed "Variance Criteria," and is further amended to read as follows:
"17.56.020 [Hearings officer --Authority] Variance criteria.
A variance may be granted unqualifiedly or may be granted subject
to prescribed conditions, provided that the Planning Director or
Hearings [officer] Body [shall make] makes all of the following
findings:
A. That the literal application of the ordinance would create
practical difficulties resulting in greater private expense than
public benefit;
B. That the condition creating the difficulty is not general
throughout the surrounding area, but is unique to the applicant's
site;
C. That the condition was not created by the applicant;
D. That the variance conforms to the comprehensive plan and the
intent of the ordinance being varied."
Section 57. Section 17.56.030, "Hearing Officer - Action," is
repealed.
Section 58. Title 17 is amended to add a new section 17.56.030,
"Procedure," to read as follows:
"17.56.030 Procedure.
The variance application shall be processed according to Title 22
of the County Code."
Section 59. Title 17 is amended to repeal Section 17.56.040,
"Procedure."
Section 60. Title 17 is amended to repeal Table A, "Minimum Design
Standards," and replace it with a new Table A, "Minimum Design
Page 42 - ORDINANCE No. 93-012 (8-4-93)
01 27"'1,57
Standards," attached hereto as Exhibit 1 and by this reference
incorporated herein.
Section 61. Title 17 is amended to repeal Table B, "Minimum length
of Vertical Curves," Appendix A, "Permit, Deschutes County Public Works
Department," Appendix C, "Improvement Agreement," and Appendix E,
"Application - Access, Driveway and Curb Cut."
Section 62. Title 17 is amended to redesignate current Appendix
B, "Sign Standards," Appendix A, to delete Paragraph 4, "End County
Road Maintenance Signs," and Paragraph 5, "Striping," and to renumber
the remaining paragraphs accordingly, as set forth in Exhibit 2 to this
ordinance, attached hereto and by this reference incorporated herein.
Section 63. Title 17 is amended to repeal current Appendix D,
"Asphalt Penetration and Macadam," and to replace it with a new table
designated Appendix B, "Asphalt Penetration and Macadam," attached
hereto as Exhibit 3 and by this reference incorporated herein.
Section 64. With respect to a series of drawings currently
referred to as Exhibit E (also labelled as Exhibits D-1 through D-6)
Title 17 is amended to repeal Drawings D-1 and D-2 (currently on pages
344 and 345 of subdivision ordinance), to replace D-3, "Curbs, Gutters
& Sidewalks," with a new drawing with the same title, attached hereto
as Exhibit 4 and by this reference incorporated herein. Those drawings
not repealed or replaced shall keep their current numbers.
Addition of New Chapter 17.60,
"Property Line Adiustment"
Section 65. Deleted.
Section 66. Deleted.
Section 67. Deleted.
Section 68. Deleted.
Section 69. Deleted.
Section 70. DELETIONS AND ADDITIONS. Provisions that are to be
deleted as a result of the enactment of the above -referenced sections
are shown in brackets; provisions that are being added are shown in
bold-faced type.
Section 71. REPEAL OF ORDINANCES AS AFFECTING EXISTING
LIABILITIES. The repeal, express or implied, of any ordinance,
ordinance provision, or code section by this ordinance shall not
release or extinguish any duty, condition, penalty, forfeiture, or
liability incurred under such ordinance, unless a provision of this
ordinance shall so expressly provide, and such ordinance repealed shall
be treated as still remaining in force for the purpose of sustaining
Page 43 - ORDINANCE No. 93-012 (8-4-93)
0127-x_258
any proper action or prosecution for the enforcement of such duty,
condition, penalty, forfeiture, or liability, and for the purpose of
authorizing the prosecution, conviction and punishment of the person or
persons who violated the repealed ordinance.
Section 72. SEVERABILITY. The provisions of this ordinance are
severable. If any section, sentence, clause, or phrase of this
ordinance or any exhibit thereto is adjudged to be invalid by a court
of competent jurisdiction that decision shall not affect the validity
of the remaining portions of this ordinance or exhibit thereto.
Section 73. EMERGENCY AND EFFECTIVE DATE. This Ordinance being
necessary for the immediate preservation of the public peace, health
and safety, an emergency is declared to exist, and this Ordinance takes
effect on its passage.
Section 74. CORRECTIONS. This ordinance may be corrected by order
of the Board of County Commissioners to cure editorial and clerical
errors and to insert appropriate legislative history references.
DATED this day of August, 1993.
BOARD OFC. COMMISSIONERS
OF DESCHUT S COUNTY, OREGON
r
ATTEST: NANCY POP WH GEN, Commiss
L,41 ZX 0 /�� "J? 41, " -
Recording Secr tary B. H. S UGHTER, C mmissioner
Page 44 - ORDINANCE No. 93-012 (8-4-93)
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Appendix A To Subdivision/Partition Ordinance
(Exhibit 2 to Ordinance 93-012)
SIGN STANDARDS
1. GENERAL
All signs shall be manufactured from 0.080 inch thick aluminum stock and
shall be mounted onto four inch by four inch by twelve foot (4"x4"x12')
pressure -treated, wooden posts of Standard lumber grade or better. Every
sign shall be mounted at approximately a right angle to the direction of,
and facing, the traffic it is intended to serve, unless mirror reflection
reduces legibility, in which case the sign shall be turned slightly away
from the road. Sign posts shall be located not less than six feet (6')
nor more than twelve feet (121) from the edge of the road. The tope of
the post shall be nominally eight feet (81) above the elevation of the
near edge of the road. The posts shall be painted white. All reflective
material shall be "3M Engineer Grade" or approved equal.
Signing for subdivisions shall be procured and erected at the expense of
the developer. The County will not manufacture, sell, or install any
signs, until roads are accepted into the County Maintained System.
2. ROAD NAME SIGNS
Road name signs for Public Roads shall have a reflectorized green
background and reflectorized white letters. These signs shall be six
inches (611) high and of sufficient length to allow the necessary letters
to be mounted and to allow for a one and one-half inch (1h") margin at
each end, but shall not be less than eighteen inches (18"), and the
corners shall be rounded to a one-half inch (�") radius. Lettering shall
be four inches (4") high. The signs shall not have contrasting borders.
Conventional abbreviations for the road type prefixes and suffixes (e.g.
NW, Ave., Rd., Ct., etc.) are acceptable, but shall not be used for the
road names. Road name signs shall be mounted, through the use of four
inch by four inch (4"x4") metal brackets, onto the top of the sign posts.
Brackets shall be #827F 4"x4" Post Brackets from Traffic Safety Supply
Company or an approved equal. At least one road name sigh shall be
provided at each intersection for each road.
3. "STOP" SIGNS
Stop signs shall have reflectorized re
white letters and borders, and shall be
shall be mounted so that the bottom edgy
and a maximum of seven feet (71) above t
the road or curb. Stop sign mounted ne:
be mounted at the maximum height. Stop
of two or more roads, one or more of
thirty inches by thirty inches (30"x30")
I backgrounds and reflectorized
octagonal in shape. Stop signs
is a minimum of five feet (51)
ie elevation of the near edge of
t to a walkway or bikeway shall
igns, located at an intersection
which is an arterial, shall be
and shall have an one inch (1")
Page 1 - EXHIBIT 2 TO ORDINANCE NO. 93-012 (8-4-93)
border which extends to the edge of the sign. All other stop signs shall
be twenty-four inches by twenty-four inches (24"x24") and shall have a
three-quarter inch (3/4") border which extends to the edge of the sign.
4. ADDITIONAL TRAFFIC CONTROL DEVICES
Any traffic control devices deemed necessary by the Director of Public
Works shall be procured and installed by the developer and the developer
shall supply construction signing in accordance with the MUTCD (current
Manual of Uniform Traffic Control Devices, Federal Highway
Administration).
Page 2 - EXHIBIT 2 TO ORDINANCE NO. 93-012 (8-4-93)
EXHIBIT 3 TO ORDINANCE 93-012 01 '03*07.12
62
APPENDIX B: ASPHALT PENETRATION MACADAM
TYPE
0-9
0-11
APPROX. THICK.
7/8"
1 - 1/4 "
(TYPE)
RATES
RATES
PER
SIZE
PER
SIZE
SQ. YD.
S0. YD.
QLJ
(CRS -1)
.60
.6o GAL
(CRS -1)
.60 GAL
Q (LAGGREGATE
3/4"-1/2"
0.018
1 1/4"-3/4"
0.018
�.
ASPHALT
(CRS -2)
.55 GAL
(CRs -2)
.65 GAL
AGGREGATE
3/4" —1 /2"
0.015
1 1/4" —3/4"
0.028
ASPHALT
(CRS -2)
.45 GAL
(CRS -2)
.55 GAL
0
z
Q
NAGGREGATE
1/2" — 1 /4"
0.010
3/4"O1 /2"
.018
2
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(CRS -2)
.50 GAL
AGGREGATE
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0.009
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.013
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ASPHALT
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�
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Q
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AGGREGATE
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0.005
1/4"-#10
0.005
O CU. YD./SQ. YD.
O DUST COAT (IF NECESSARY)- 1/4"-#10-, 0.005 CY.
O DUST COAT (IF NECESSARY): 1/2"-1/4"; 0.005 CY.
® DUST COAT (1F NECESSARY): 1/4"-#10; 0.005 CY.
EXHIBIT 4 TO ORDINANCE . 93-012 V I-.27 � r �
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