1995-08173-Ordinance No. 95-021 Recorded 3/16/1995REVIEWED
r.
95'08173LE COONS
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
*� a- t ; -N ! S
An Ordinance Repealing Chapter 17.52, Street1
Dedications, of the Deschutes County Code, and
Replacing it With a New Chapter 17.52, Road
Dedications, and Declaring an Emergency.
ORDINANCE NO. 95-021
WHEREAS; road right of way is frequently dedicated to the public
independent from other land use applications; and
WHEREAS; such dedications should be reviewed for consistency with
the transportation policies for new roads or major road modifications
of the comprehensive plan prior to acceptance by the County on behalf
of the public; and
WHEREAS; the existing procedure for review of road dedication
applications is cumbersome in that it requires that all applications be
submitted to a hearing officer for a public hearing; and
WHEREAS; the existing procedure establishes inadequate standards
for review of road dedication applications; and
WHEREAS; in order to improve efficiency in the review of road
dedication applications, the Planning Director should have discretion
to review an application administratively or refer it to a hearings
officer; and
WHEREAS; the dedication of only minor amounts of road right of way
necessary for a road modification, traffic safety improvement,
maintenance or repair does not constitute a land use action and should
not be reviewed through the land use process; now, therefore
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. That Chapter 52, Street Dedications, of Title 17,
Subdivisions, of the Deschutes County Code is hereby repealed in its
entirety.
Section 2. That a new Chapter 17.52, entitled ROAD DEDICATIONS,
as set forth in Exhibit A, attached hereto and by this reference
incorporated herein, is hereby adopted as part of the Deschutes County
Code.
Section 3. Severability. The provisions of this ordinance are
severable. If any section, sentence, clause, phrase, area, overlay or
other separable part 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 any exhibit thereto.
Section 4. Corrections. This ordinance may be corrected by order
of the Board of County commissioners to cure editorial and clerical
MICROFILMED
PAGE 1 - ORDINANCE NO. 95-021 (3-15-95) AfR '?V'
471995 MAR 2� 1995
0138-011711
errors and to insert appropriate legislative history references.
Section 5. Codification. County Legal Counsel shall have the
authority to format the provisions contained herein in a manner that
will integrate them into the County Code consistent with the County
Legal Counsel form and style for ordinance codification. Such
codification shall include the authority to make such changes, to make
changes in numbering systems and to make such numbering changes
consistent with interrelated code sections. In addition, as part of
codification of these ordinances, County Legal Counsel may insert
appropriate legislative history reference. Any legislative history
references included herein are not adopted as part of the substance of
this ordinance, but are included for administrative convenience and as
a reference. They may be changed to correct errors and to conform to
proper style without action of the Board of County Commissioners.
Section 6. Repeal of Ordinances as Affecting Existing
Liabilities. The repeal, express or implied, of any ordinance,
ordinance provision, code section, or any map or any line on a map
incorporated therein by reference, by this amending ordinance shall not
release or extinguish any duty, condition, penalty, forfeiture, or
liability previously incurred or that may hereafter be incurred under
such ordinance, unless a provision of this amending ordinance shall so
expressly provide, and such ordinance repealed shall be treated as
still remaining in force for the purpose of sustaining 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
previously violated the repealed ordinance.
Section 7. Emergency. 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.
DATED this 15th day of March, 1995.
BOARD OF COUNTY COMMISSIONERS
OF 7ES COUNTY, OREGON
BARRY H. SLAUGHTER, Chairman
AT T: NANCY �PE SCHLANGEN, Commissioner
Recording Secr tary ROB -PT L. NIPPER, Gkolfimissioner
PAGE 2 - ORDINANCE NO. 95-021 (3-15-95)
Chapter 17.52
ROAD DEDICATIONS
Sections:
17.52.010
Purpose
17.52.020
Relationship to State Law
17.52.030
Application
17.52.040
Procedure
17.52.050
Approval Criteria
17.52.060
Administrative Decisions
17.52.070
Hearings
17.52.080
Appeals
17.52.090
Board Action on Road
Dedications
17.52.100 Maintenance of Dedicated
Roads
17.52.010 Purpose.
The purpose of this section is to establish
procedures for the dedication of more than
minor amounts of road right of way to the
public where the dedication will not be
reviewed as part of another land use
application. Minor amounts of road right of
way means rights of way no greater than
those required for modernization, traffic
safety improvement, maintenance or repair of
an existing road or street. This section
applies to road dedications which occur
outside of urban growth boundaries in
Deschutes County. This section requires that
road dedications be reviewed for consistency
with the Transportation Policies for new
roads or major road modifications of the
Comprehensive Plan.
17.52.020 Relationship to State Law.
A. The procedures for road dedications set
forth in this chapter are adopted in
accordance with Oregon Revised Statutes
section 368.011 which establishes county
authority to supersede provisions of Oregon
Revised Statutes chapter 368 by enacting an
ordinance under powers granted the county in
0138-01 iAp
Oregon Revised Statutes sections 203.030 to
203.075.
B. The procedures set forth in this chapter
are adopted in accordance with Oregon
Revised Statutes section 203.035 which
establishes county power to exercise authority
within the county over matters of county
concern.
C. Road dedications are a matter of county
concern under Oregon Revised Statutes
section 368.016.
17.52.030 Application.
Any person proposing the dedication of
more than minor amounts of road right of
way, where the proposed dedication will not
be reviewed as part of another land use
application, shall submit a written application
for a land use permit to the Planning
Director. The land use permit application
shall include a completed request form, a
written burden of proof statement which
indicates the proposal complies with the
applicable criteria, a map showing the
location of the land to be dedicated, a
preliminary title report covering the land to
be dedicated, and the appropriate filing fee.
17.52.040 Procedure.
A. When an application has been received
and deemed complete, the Planning Director
shall refer the proposal to the Director of
Public Works for review and recommendation.
The Director of Public Works shall determine
the applicable design and improvement
standards as set forth in Chapters 17.36 and
17.48 of the Deschutes County Code and shall
review the application for consistency with
such standards as well as other applicable
road standard regulations. Once the Director
of Public Works has reviewed the information
and the materials submitted with the
application, the Director of Public Works
shall forward findings and a recommendation
to the Planning Director.
B. The Planning Director shall make an
administrative decision on the application or
ORDINANCE NO. 95-021 — EXHIBIT A (3-15-95) 3
refer the application to the Hearings Body for
a public hearing.
C. The Planning Director's choice between
or among administrative or hearing
procedures to apply to a road dedication
application shall not be an appealable
decision.
D. Applications for land use permits shall
be reviewed according to the applicable
approval criteria identified in Section
17.52.035.
17.52.050 Approval Criteria.
A. Applications for road dedications in
zones where Class I or II road projects, as
defined by Section 18.04.030 of the County
Code, are permitted outright shall address the
criteria in Section 18.116.230 of the County
Code. Such applications shall also address
any applicable criteria in the zone in which
the road dedication is proposed.
B. Applications for road dedications in
zones where Class I or II road projects
defined by Section 18.04.030 of the County
Code, or public road or highway projects
defined by Oregon Revised Statutes section
215.283(2)(p) through (r) and section
215.283(3), are permitted as conditional uses
shall address the criteria in Sections
18.116.230 and 18.128.015 of the County Code.
Such applications shall also address any
applicable criteria in the zone in which the
road dedication is proposed.
17.52.060 Administrative Decisions.
If the Planning Director decides to act on
the application administratively, the Planning
Director shall follow the procedures for review
of land use applications established by
Sections 22.20.020 through 22.20.070 of the
Deschutes County Code.
17.52.070 Hearings.
If the Planning Director decides to refer the
application to the Hearings Body for a
hearing, the procedures established for land
use action hearings in Chapter 22.24 of the
Deschutes County Code shall govern the
process.
17.52.080 Appeals.
Following an administrative decision of the
Planning Director or a decision of the
Hearings Body, a party may file an appeal
according to procedures established in
Chapter 2232 of the Deschutes County Code.
17.52.090 Board Action on Road
Dedications.
A. Once an application is approved by the
Planning Director or Hearings Body, the
applicant shall satisfy all conditions of the
land use approval prior to submitting a
declaration of dedication for final action. The
declaration of dedication shall include a legal
description of the land to be dedicated. Upon
receipt of the declaration of dedication, the
Planning Director shall forward the
declaration of dedication to the Board for
acceptance or rejection.
B. Except as otherwise provided under the
Deschutes County Code, the Board shall take
final action on the road dedication within one
hundred twenty (120) days after the
application is deemed complete.
C. Upon the meeting of the Board to take
final action on the road dedication, the
applicant shall provide the Board with a
supplemental or amended report to the
preliminary title report submitted with the
application. The supplemental or amended
report shall show changes in the condition of
title of the relevant property from the date of
the preliminary title report up to and
including the time immediately preceding the
Board meeting.
D. If the road dedication is accepted by the
Board, the declaration of dedication shall be
immediately recorded with the County Clerk.
17.52.100 Maintenance of Dedicated
Roads.
Any public road created in conjunction with
the dedication of public road right of way
under this Chapter shall be designated as a
Local Access Road, as defined by Oregon
Revised Statutes section 368.001(3), which
shall not be maintained by the County unless
and until that road right of way is established
as a County Road, as defined by Oregon
ORDINANCE NO. 95-021 — EXHIBIT A (3-15-95) 4
Revised Statutes section 368.001(1), by order
or resolution of the county governing body as
authorized by Oregon Revised Statutes section
368.016(2) (c).
ORDINANCE NO. 95-021 — EXHIBIT A (3-15-95) 5
