1995-35619-Ordinance No. 95-065 Recorded 10/12/19959535619
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
RE I ED
LEGAL COUNSEL
DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 17, *((;
Subdivisions, of the Deschutes 95 OC T
08
County Code and Declaring an * f a, �;. IO,V
Emergency.
ORDINANCE NO. 95-065 0 1 �t - -9 -.,�,c-;
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Amendment. Title 17, "Subdivisions," as amended
and as presented here in its codified form is further amended to read
as set forth in Exhibit "A," attached hereto and by this reference
incorporated herein, with new language in bold type and deletions noted
in brackets.
Section 2. Severability. The provisions of this ordinance are
severable. If any section, sentence, clause or phrase of this
ordinance 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.
Section 3. 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 Deschutes
County Form and Style Manual for Board Documents. 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 4. 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expressly provide, and such ordinance repealed shall be treated as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.
PAGE 1 - ORDINANCE NO. 95-065 (10/11/95)
0148-02-54
Section 5. 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 11th day of October, 1995.
ATTEST:
Recording Secr tary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
"—q2 �m
'"U
H RY H. SLAUGHTE , Chairman
S
T L. NIPPER,
PAGE 2 - ORDINANCE NO. 95-065 (10/11/95)
Commissioner
ssi.oner
EXHIBIT "A"
Title 17
SUBDIVISIONS
Chapters:
0148-0255
17.04
General Provisions
17.08
Definitions and Interpretation of Language
17.12
Administration and Enforcement
17.16
Approval of Subdivision Tentative Plans and Master
Development Plans
17.20
Zero Lot Subdivision
17.22
Approval of Tentative Plans for Partitions
17.24
Final Plat
17.32
Condominium Conversion
17.36
Design Standards
17.40
Improvements
17.44
Park Development
17.48
Design and Construction Specifications
17.52
Street Dedications
17.56
Variances
Chapter 17.04
GENERAL PROVISIONS
Sections:
17.04.010
Short title.
17.04.020
Purpose.
17.04.030
Interpretation.
17.04.040
Amendments.
17.04.050
Corrections.
17.04.010 Short title.
This title shall be known as the County
Subdivision and Partition Ordinance, and may
be so cited and plead. (Ord. 90-003 § 1,1990;
Ord. 81-043 § 1, § 1.005, 1981)
17.04.020 Purpose.
A. In accordance with the provisions of
Oregon Revised Statutes chapters 92,197 and
215, this title sets forth the minimum
standards governing the approval of land
development, including subdivisions and
partitionings, as necessary to carry out the
county comprehensive plan and to promote
the public health, safety and general welfare.
The purpose of these provisions and
regulations are to:
1. Encourage well planned subdivision and
partition development to the end that good
liveable neighborhoods with all needed
amenities and community facilities may be
created.
2. Encourage development in harmony
with the natural environment and within
resource carrying capacities.
3. Safeguard the interest of the public, the
applicant and the future lot owner.
4. Improve land records and boundary
monumentation.
5. Insure equitable processing of
subdivision plats and partitioning plans, and
accomplish to the greatest extent possible the
goals and objectives of the comprehensive
plan for the county.
6. To regulate the orientation of streets,
Chapter 17.04
0148-0256
lots and parcels; the placement, height and
bulk of buildings; and the placement and
growth of vegetation within the county to
insure access to solar energy by reasonably
regulating interests in property within the
county, as authorized under Oregon Revised
Statutes 215.044, 105.880 through 105.890 and
92.044 to promote and maximize the
conservation of energy by preserving the
option to utilize solar energy and to
implement the comprehensive plan policies
relating to solar energy.
7. To encourage the design of new
buildings, structures and developments which
use solar energy and protect future options to
use solar energy by protecting solar access.
B. No person may subdivide or partition
land within the county except in accordance
with Oregon Revised Statutes chapter 92 and
the provisions of this title.
C. The provisions of this [chapter] title
shall apply only to subdivisions and partitions
within the county, unless otherwise noted. All
references to "subdivisions" and "partitions"
are made in that context unless otherwise
noted. (Ord. 95-065 § 1, 1995; Ord. 90-003 §
1, 1990, Exhibit A; Ord. 83-039 § 1, 1983;
Ord. 81-043 § 1, Exhibit A, § 1.010, 1981)
17.04.030 Interpretation.
The provisions of this [chapter] title shall be
construed to effect the purposes set forth in
section 17.04.020 of this chapter. These
provisions are declared to be the minimum
requirements fulfilling such objectives, and the
county may impose additional requirements
deemed necessary to promote the health,
safety and general welfare, and to carry out
the comprehensive plan of the county. Where
conditions set forth in this chapter are less
restrictive than comparative conditions
imposed by any other provision of this title, by
provision of any other local ordinance,
resolution or regulation, or by provision of
state statute or administrative regulation, the
more restrictive shall govern. (Ord. 95-065 §
1,1995; Ord. 81-043 § 1, Exhibit A, § 1.020,1981)
(10/95)
0148-0251
17.04.040 Amendments.
This title may be amended or repealed as
provided by law. (Ord. 81-043 § 1, Exhibit A,
§ 1.020, 1981)
17.04.050 Corrections.
This title may be corrected by order of the
Board of County Commissioners to cure
editorial and clerical errors. (Ord. 90-003 § 1,
Exhibit A, 1990; Ord. 81-043 § 1, Exhibit A, §
12.080, 1981)
Chapter 17.04 2 (10/95)
Chapter 17.08
DEFINITIONS AND INTERPRETATION
OF LANGUAGE
Sections:
governmental body.
17.08.010
Construction.
17.08.020
Definitions.
17.08.030
Definitions generally.
17.08.035
Definition AASHTO standards.
17.08.040
Definition -Access.
17.08.045
Access corridor.
17.08.050
Definition -Advertising.
17.08.060
Definition -Affected
17.08.250
governmental body.
17.08.070
Definition -Affected person.
17.08.080
Definition -Agent.
17.08.090
REPEALED.
17.08.091
Definition -Bicycle.
17.08.092
Definition -Bicycle facilities.
17.08.093
Definition -Bike route.
17.08.094
Definition -Bikeway.
17.08.100
Definition -Block.
17.08.110
Definition -Building.
17.08.120
Definition -Building line.
17.08.130
Definition -Comprehensive
17.08.470
plan.
17.08.140
Definition -Condominium.
17.08.150
Definition-Constructiouplans.
17.08.160
Definition -Contiguous.
17.08.170
Definition -Contiguous land.
17.08.180
Definition -Cross-section.
17.08.190
Definition -Cul-de-sac.
17.08.200
Definition-Curblines.
17.08.210
Definition -Developer.
17.08.220
Definition -Disposition.
17.08.230
Definition-Drainageeasement.
17.08.240
Definition -Easement.
17.08.250
Definition -Firebreak.
17.08.260
Definition -Flood.
17.08.270
Definition -Flood hazard area.
17.08.280
Definition -Forest purposes.
17.08.290
Definition -Frontage.
17.08.300
Definition -Hearing, initial.
17.08.310
Definition -Hearings Body.
17.08.320
Definition -Hearings officer.
17.08.330
Definition -Improvements.
17.08340
Definition -Interests.
17.08.350
Definition -Land development.
17.08360
Definition -Lot.
17.08370
Definition -Lot area.
17.08380
Definition -Lot, corner.
17.08390
Definition -Lot, depth.
17.08.400
Definition -Lot line.
17.08.410
REPEALED.
17.08.420
REPEALED.
17.08.430
REPEALED.
17.08.440
Definition -Lot, through.
17.08.450
Definition -Lot width.
17.08.460
REPEALED.
17.08.470
Definition -Monument.
17.08.480
Definition-MUTCD.
17.08.490
Definition -Negotiate.
17.08.500
Definition -Offer.
17.08.510
Definition -Owner.
17.08.520
Definition -Parcel.
17.08.530
Definition -Partition.
17.08.540
Definition -Partition land.
17.08.550
Definition -Person.
17.08.560
Definition -Planned unit
development.
17.08.570
Definition -Plat.
17.08.580
Definition -Potable water.
17.08.581
Definition -Property line.
17.08582
Definition -Property line
adjustment.
17.08585
Definition -Public water system.
17.08.590
Definition-Replat.
17.08.600
Definition -Reserve strip.
17.08.610
Definition -Right of way.
17.08.620
Definition -Road or street.
17.08.625
Definition -Road and street
project.
17.08.630
Definition -Roadway.
17.08.640
Definition -Sale or lease.
17.08.645
Definition -Series partitioned
lands and series partition.
17.08.650
Definition -Sidewalk.
17.08.660 Definition -Solar access.
17.08.670 Definition -Solar height
Chapter 17.08 1 (10/95)
restriction.
17.08.680
Definition -Subdivide land.
17.08.690
Definition -Subdivider.
17.08.700
Definition -Subdivision.
17.08.710
Definition -Tentative plan.
17.08.720
Definition -Use.
Chapter 17.08 1 (10/95)
17.08.730 Definition -Utilities.
17.08.740 REPEALED.
17.08.750 Definition -Within the county.
17.08.760 Definition -Zero lot line.
17.08.010 Construction.
In this title the words used in the present
tense include the future tense, words used in
the singular include the plural and words used
in the plural include the singular. The word
"shall" is mandatory, the word "may" is
permissive. The masculine includes the
feminine and neuter. (Ord. 81-043 § 1,
Exhibit A, § 1.030(1), 1981)
17.08.020 Definitions.
The word "county" means the County of
Deschutes, State of Oregon. The words
"Board of County Commissioners" and
"board" mean the Board of County
Commissioners of Deschutes County. The
words "planning commission" and
"commission" mean the County Planning
Commission of the County of Deschutes, duly
appointed by the Board of County
Commissioners. The words "planning
director," "director of public works," "assessor,"
"county sanitarian," "hearings officer," "county
surveyor," "county clerk" and "tax collector,"
mean the Planning Director, Director of
Public Works, Assessor, Sanitarian, Hearings
Officer, Surveyor, County Clerk and Tax
Collector of the County. (Ord. 93-012 § 1,
1993; Ord. 81-043 § 1, Exhibit A, § 1.030(2),
1981)
17.08.030 Definitions generally.
As used in this title, the words and phrases
set out in section 17.08.035 through 17.08.760
have the following meanings. (Ord. 81-043 §
1, Exhibit A, § 1.040 (part), 1981)
17.08.035 Definition 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.
(Ord. 93-012 § 2, 1993)
17.08.040 Definition -Access.
"Access" means the right to cross between
public and private property allowing
pedestrians and vehicles to enter and leave
property. (Ord. 81-043 § 1, Exhibit A, § 1.040
(part), 1981)
17.08.045 Definition -Access corridor.
"Access corridor" means 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. (Ord. 93-012 § 2,1993)
17.08.050 Definition -Advertising.
"Advertising" means the publication or
causing to be published of any material
relating to disposition of interest in a land
development, which has been prepared for
public distribution by any means of
communication. (Ord. 81-043 § 1, Exhibit A,
§ 1.040 (part), 1981)
17.08.060 Definition -Affected
governmental body.
"Affected governmental body" means a city,
county, state or federal agency or special
district which either has a jurisdictional
interest or is of such proximity to the
subdivision or land partition that a reasonable
likelihood of annexation exists. (Ord. 81-043
§ 1, Exhibit A, § 1.040 (part), 1981)
17.08.070 Definition -Affected person.
"Affected person" means any person
adversely affected or aggrieved by a decision
relating to the partitioning or subdividing of
land. (Ord. 81-043 § 1, Exhibit A, § 1.040
(part), 1981)
Chapter 17.08 2 (10/95)
17.08.080 Definition -Agent.
"Agent" means any person who represents or
acts for any other person in disposing of
interests in a land development. "Agent"
includes a real estate broker, as defined in
Oregon Revised Statutes 696.010(12), but
does not include an attorney at law whose
representation of another person consists
solely of rendering legal services. (Ord. 81-
043 § 1, Exhibit A, § 1.040 (part), 1981)
17.08.090 (Repealed by Ord. 90-003 § 1,
1990; Ord. 81-043 § 1, 1.040 (part) 1981)
17.08.091 Definition -Bicycle.
"Bicycle" means 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. (Ord. 93-012
§ 2, 1993)
17.08.092 Definition -Bicycle facilities.
"Bicycle facilities" means 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. (Ord. 93-012 § 2, 1993)
17.08.093 Definition -Bike route.
"Bike route" means a segment of a bikeway
system designatedwith appropriate directional
and information markers by the jurisdiction
having authority. (Ord. 93-012 § 2, 1993)
17.08.094 Definition -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
0148-0260
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.
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. (Ord. 93-
012 § 2, 1993)
17.08.100 Definition -Block.
"Block" means an area of land bounded by
streets or by a combination of streets and
public parks, cemeteries, railroad rights of
way, lines or shore lines or waterways, or
corporate boundary lines of a city. (Ord. 81-
043 § 1, Exhibit A, § 1.040 (part), 1981)
17.08.110 Definition -Building.
"Building" means a structure which is
designated and suitable for the habitation or
shelter of human beings or animals, or the
shelter or storage of property or for the use
and occupation for some purpose of trade or
manufacture. (Ord. 81-043 § 1, Exhibit A, §
1.040 (part), 1981)
17.08.120 Definition -Building line.
"Building line" means a line on a plat
indicating the limit beyond which buildings or
structures may not be erected. If no line is
shown on the plat, the building line shall be
that set forth in the applicable zoning
ordinance. (Ord. 81-043 § 1, Exhibit A, §
1.040 (part), 1981)
Chapter 17.08 3 (10/95)
17.08.130 Definition -Comprehensive
plan.
"Comprehensive plan" means a plan as
adopted by the county pursuant to Oregon
Revised Statutes chapters 197 and 215, and in
compliance with Statewide Planning Goals. A
coordinated land use map and policy
statement of the county that interrelates all
functional and natural systems and activities
relating to the use of lands, including, but not
limited to, sewer and water systems,
transportation systems, educational systems,
recreational facilities and natural resources
and air and water quality management
programs. "Comprehensive" means all
inclusive, both in terms of the geographic area
covered by the plan and functional and
natural activities and systems occurring in the
area covered by the plan. The plan is an
expression of public policy in the form of
goals, objectives and policy statements, maps,
standards and guidelines, and is the basis for
this title and other rules, regulations and
ordinances which are intended to implement
the policies expressed through the plan. (Ord.
81-043 § 1, Exhibit A, § 1.040 (part), 1981)
17.08.140 Definition -Condominium.
"Condominium" means a type of residential
development utilizing zero lot lines, individual
ownerships of units and common ownership of
open space and other facilities, and which are
regulated in part by state law (Oregon
Revised Statutes 91.010 through 91.652).
(Ord. 81-043 § 1, Exhibit A, § 1.040 (part),
1981)
17.08.150 Definition-Constructiouplans.
"Construction plans" means the plans,
profiles, cross-sections and drawings or
reproductions thereof, approved by a
registered professional engineer, which show
the details of the work to be done on
improvements. (Ord. 81-043 § 1, Exhibit A, §
1.040 (part), 1981)
17.08.160 Definition -Contiguous.
"Contiguous" means that which touches or
connects, including that which only connects
or touches a common point; the touching
together of two or more tracts of land which
lie alongside one another or which touch or
connect with one another for any length or
distance whatsoever, no matter how finite.
(Ord. 81-043 § 1, Exhibit A, § 1.040 (part),
1981)
17.08.170 Definition -Contiguous land.
"Contiguous land" means units of land under
the same ownership which abut, irrespective of
roadways, easements or rights of way. (Ord.
81-043 § 1, Exhibit A, § 1.040 (part), 1981)
17.08.180 Definition -Cross-section.
"Cross-section" means a profile of the
ground surface perpendicular to the centerline
of a street, stream or valley bottom. (Ord. 81-
043 § 1, Exhibit A, § 1.040 (part), 1981)
17.08.190 Definition -Cul-de-sac.
"Cul-de-sac" means a short street having one
end open to traffic and terminated by a
vehicle turnaround. (Ord. 81-043 § 1, Exhibit
A, § 1.040 (part), 1981)
17.08.200 Definition-Curblines.
"Curblines" means the line dividing the
roadway from the planting strip of footway,
meaning the inside (street side) of the curb.
(Ord. 81-043 § 1, Exhibit A, § 1.040 (part),
1981)
17.08.210 Definition -Developer.
"Developer" means any person, corporation,
partnership or other legal entity who creates
or proposes to create a land development and
includes any agent of a developer. (Ord. 81-
043 § 1, Exhibit A, § 1.040 (part), 1981)
17.08.220 Definition -Disposition.
"Disposition" means and includes sale, lease
for more than one year, option assignment,
award by lottery or as a prize, or any offer or
solicitation of any offer to do any of the
foregoing concerning a land development or
Chapter 17.08 4 (10/95)
any part of a land development. (Ord. 81-043
§ 1, Exhibit A, § 1.040 (part), 1981)
17.08.230 Definition -Drainage easement.
"Drainage easement" means an easement
required for drainage ditches, or required
along a natural stream or watercourse to
preserve the channel, to provide for the flow
of water therein, and to safeguard the public
against flood damage or the accumulation of
surface water. (Ord. 81-043 § 1, Exhibit A, §
1.040 (part), 1981)
17.08.240 Definition -Easement.
"Easement" means a grant of the right to
use a parcel of land for specific purposes, but
in which ownership of the land is not
transferred. (Ord. 81-043 § 1, Exhibit A, §
1.040 (part), 1981)
17.08.250 Definition -Firebreak.
"Firebreak" means a break in the ground
cover fuels as specified by the fire protection
agency involved. (Ord. 81-043 § 1, Exhibit A,
§ 1.040 (part), 1981)
17.08.260 Definition -Flood.
"Flood" means the overflow of water onto
lands not normally covered by water. (Ord.
81-043 § 1, Exhibit A, § 1.040 (part), 1981)
17.08.270 Definition -Flood hazard area.
"Flood hazard area" means the relatively flat
area of lowlands adjoining the channel of a
river, stream, watercourse, land or reservoir.
(Ord. 81-043 § 1, Exhibit A, § 1.040 (part),
1981)
17.08.280 Definition -Forest purposes.
"Forest purposes" means the current
employment of land primarily for the purpose
of raising or harvesting timber products.
(Ord. 81-043 § 1, Exhibit A, § 1.040 (part),
1981)
17.08.290 Definition -Frontage.
"Frontage" means that portion of a parcel of
property which abuts a dedicated public street
0118-0� U2
or highway or an approved private way (except
an alley). (Ord. 81-043 § 1, Exhibit A, § 1.040
(part), 1981)
17.08.300 Definition -Hearing, initial.
"Initial hearing" means a quasi-judicial
hearing authorized and conducted by the
Hearings Body to determine if a change or
land subdivision or partition shall be granted
or denied, except those subject to
administrative review. (Ord. 90-003 § 1,
Exhibit A, 1990; Ord. 81-043 § 1, Exhibit A, §
1.040 (part), 1981)
17.08.310 Definition -Hearings Body.
"Hearings Body" means the Planning
Director, hearings officer or governing body.
(Ord. 90-003 § 1, Exhibit A, 1990; Ord. 81-043
§ 1, Exhibit A, § 1.040 (part), 1981)
17.08.320 Definition -Hearings officer.
"Hearings officer" means a planning and
zoning hearings officer appointed or
designated by the Board of County
Commissioners pursuant to Oregon Revised
Statutes 227.165, or, in the absence of such
appointed hearings officer, the planning
commission. (Ord. 81-043 § 1, Exhibit A, §
1.040 (part), 1981)
17.08.330 Definition -Improvements.
"Improvements" mean and include, but are
not limited to, streets, alleys, curbs, gutters,
roadbed, road surface, storm drains and
appurtenances, sidewalks, street lights, street
signs, fire hydrants, sanitary sewers and
appurtenances, public water supply and water
distribution systems and other utilities. (Ord.
81-043 § 1, Exhibit A, § 1.040 (part), 1981)
17.08.340 Definition -Interests.
"Interests" means and includes a lot or
parcel, share, undivided interest or
membership which includes the right to
occupy land overnight, and a lessee's interest
in land for more than three years or less than
three years if the interest may be renewed
under the terms of the lease for a total period
Chapter 17.08 5 (10/95)
more than three years. "Interest" does not
include any interest in a condominium as
defined in Oregon Revised Statutes 91.500(22)
or any security interest under a land sales
contract, trust deed or mortgage. "Interest"
does not include divisions of land created by
lien foreclosure or foreclosure of recorded
contracts for the sale of real property. (Ord.
81-043 § 1, Exhibit A, § 1.040 (part), 1981)
17.08.350 Definition -Land development.
"Land development" means the subdividing
or partitioning of land for any purpose into
parcels or the creation of units or parcels for
the purpose of sale or lease for a term of one
year or more. "Land development" includes
intent to dispose of any land, whether
contiguous or not, including any land divided,
lots, parcels, unit or interests offered as a part
of a common promotional plan of advertising
by a single developer or a group of developers
acting in concert. If the land is contiguous or
is known, designated or advertised as a
common unit or by a common name, the land
shall be presumed, without regard to the
number of lots covered by each individual
offering, to be offered for disposition as part
of a common promotional plan. (Ord. 81-043
§ 1, Exhibit A, § 1.040 (part), 1981)
17.08.360 Definition -Lot.
"Lot" means a unit of land that is created by
a subdivision of land. (Ord. 81-043 § 1,
Exhibit A, § 1.040 (part), 1981)
17.08.370 Definition -Lot area.
"Lot area" means the total horizontal area
contained within the lot lines, such area shall
be computed as gross area for lots larger than
2.5 acres and net area for lots 2.5 acres or
smaller. The total horizontal net area within
lot lines of a lot is that square footage of a lot
that is free from roads, streets, rights of way
or easements of access to other property;
provided, however, that the Planning Director
shall include in gross lot areas all streets,
roads and easements of access to other
property that would accrue to that lot if the
0148®a'63
road, street or easement were vacated, and
shall treat the gross area of lots that have
never been previously described of records as
other than fractions of a section as if the
section contained six hundred forty acres, in
cases where a lot is sought to be partitioned.
(Ord. 81-043 § 1, Exhibit A, § 1.040 (part),
1981)
17.08.380 Definition -Lot, corner.
"Corner lot" means a lot abutting upon two
or more streets other than alleys at their
intersection, or upon two parts of the same
street, such streets or parts of the same street
forming an interior angle of less than 135
degrees within the lot line. (Ord. 81-043 § 1,
Exhibit A, § 1.040 (part), 1981)
17.08.390 Definition -Lot, depth.
"Lot depth" means the average horizontal
distance between the front and rear lot lines.
(Ord. 81-043 § 1, Exhibit A, § 1.040 (part),
1981)
17.08.400 Definition -Lot line.
"Lot line" means any line bounding a "lot" or
"parcel' as defined in this [chapter] title.
(Ord. 95-065 § 1, 1995; Ord. 90-003 § 1,
Exhibit A, 1990; Ord. 81-043 § 1, Exhibit A, §
1.040 (part), 1981;
17.08.410 (Repealed by Ord. 93-012 § 3,
1993; Ord. 81-043 § 1, § 1.040 (part), 1981)
17.08.420 (Repealed by Ord. 93-012 § 3,
1993; Ord. 81-043 § 1, § 1.040 (part), 1981)
17.08.430 (Repealed by Ord. 93-012 § 3,
1993; Ord. 81-043 § 1, § 1.040 (part), 1981)
17.08.440 Definition -Lot, through.
"Through lot" means an interior lot having
a frontage on two streets and/or highways, not
including an alley. (Ord. 81-043 § 1, Exhibit
A, § 1.040 (part), 1981)
17.08.450 Definition -Lot width.
"Lot width" means the horizontal distance
Chapter 17.08 6 (10/95)
between the side lot lines measured within the
lot boundaries or the average distance
between side lot lines within the buildable
area. In the case of a corner lot, lot width
shall mean the mean horizontal distance
between the longest front lot line and the
opposite lot line not abutting the street. (Ord.
81-043 § 1, Exhibit A, § 1.040 (part), 1981)
17.08.460 (Repealed by Ord. 90-003 § 1,
Exhibit A, 1990; Ord. 81-043, § 1, Exhibit A,
1.040 (part), 1981)
17.08.470 Definition -Monument.
"Monument" means a permanent and fixed
survey marker conforming to the requirements
established by state law and the regulations of
the county. (Ord. 81-043 § 1, Exhibit A, §
1.040 (part), 1981)
17.08.480 Definition-MUTCD.
"MUTCD" means the Manual of Uniform
Traffic Control Devices, Federal Highway
Administration. (Ord. 81-043 § 1, Exhibit A,
§ 1.040 (part), 1981)
17.08.490 Definition -Negotiate.
"Negotiate" means any activity preliminary
to the execution of a binding agreement for
the sale of land in a subdivision or partition,
including, but not limited to, advertising,
solicitation and promotion of the sale of such
land. (Ord. 81-043 § 1, Exhibit A, § 1.040
(part), 1981)
17.08.500 Definition -Offer.
"Offer" means and includes every
inducement, solicitation or encouragement of
a person to acquire a lot, unit, parcel or
interest in land. (Ord. 81-043 § 1, Exhibit A,
§ 1.040 (part), 1981)
17.08.510 Definition -Owner.
"Owner" means the owner of the title to real
property or the authorized agent thereof
having written notarized authorization
recorded with the . County Clerk, or the
contract purchaser of real property of record
as shown on the last available complete tax
assessment roll or County Clerk's records.
"Owner" does not include an interest created
for security purposes. (Ord. 81-043 § 1,
Exhibit A, § 1.040 (part), 1981)
17.08.520 Definition -Parcel.
"Parcel" means a unit of land created by a
partitioning of land. (Ord. 81-043 § 1, Exhibit
A, § 1.040 (part), 1981)
17.08.530 Definition -Partition.
"Partition" means the act of partitioning
land or an area or tract of land partitioned.
(Ord. 93-012 § 4, 1993; Ord. 81-043 § 1,
Exhibit A, § 1.040 (part), 1981)
17.08.540 Definition -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. (Ord. 93-012 § 5,
1993; Ord. 90-003 § 1, Exhibit A, 1990; Ord.
81-043 § 1, Exhibit A, § 1.040 (part), 1981)
Chapter 17.08 7 (10/95)
17.08.550 Definition -Person.
"Person" means an individual, firm,
partnership, corporation, company,
association, syndicate or any legal entity,
whether he, she or it is acting for himself,
herself or itself, or as the servant, employee,
agent or representative of another. (Ord. 81-
043 § 1, Exhibit A, § 1.040 (part), 1981)
17.08.560 Definition -Planned unit
development.
"Planned unit development" means a
complex of residential, commercial and/or
industrial structures designed and developed
as a single development unit, built by a single
owner or group of owners and maintained by
an association. The phrase "planned unit
development" may be abbreviated PUD.
(Ord. 81-043 § 1, Exhibit A, § 1.040 (part),
1981)
17.08.570 Definition -Plat.
"Plat" means a final map, diagram, drawing,
replat or other writing containing all
descriptions, specifications, locations,
dedications, provisions and information
concerning a subdivision or partition. (Ord.
90-003 § 1, Exhibit A, 1990; Ord. 81-043 § 1,
Exhibit A, § 1.040 (part), 1981)
17.08.580 Definition -Potable water.
"Potable water" means water which is
sufficiently free from biological, chemical or
radiological impurities so that users thereof
will not be exposed to or threatened with
exposure to disease or harmful physiological
effects, and which has such other physical
properties as to be reasonably palatable to
humans for drinking purposes. Irrigation
water shall not be considered potable water
for purposes of this title. (Ord. 81-043 § 1,
Exhibit A, § 1.040 (part), 1981)
17.08.581 Definition -Property line.
"Property line" means the division line
between two units of land. (Ord. 93-012 § 2,
1993)
17.08.582 Definition -Property line
adjustment.
"Property line adjustment" means the
relocation of a common property line between
two abutting properties. (Ord. 93-012 § 2,
1993)
17.08.585 Definition -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 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 "noncommunity water system" or a
"nontransient, noncommunity 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. "Noncommunity water system" means a
public water system that is not a community
water system;
C. "Nontransient, noncommunity 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 six months per year. (Ord.
93-012 § 2, 1993)
17.08.590 Definition-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. (Ord. 93-
012 § 2, 1993; Ord. 90-003 § 1, 1990)
17.08.600 Definition -Reserve strip.
"Reserve strip" means a strip of land usually
one foot in width, reserved across the end of
a street or alley terminating at the boundary
Chapter 17.08 8 (10/95)
of a subdivision, or a strip of land between a
dedicated street of less than full width and
adjacent acreage, in either case reserved or
held for future street extension or widening.
(Ord. 81-043 § 1, Exhibit A, § 1.040 (part),
1981)
17.08.610 Definition -Right of way.
"Right of way" means the area within the
boundary line of a public roadway, including
an alley. (Ord. 81-043 § 1, Exhibit A, § 1.040
(part), 1981)
17.08.620 Definition -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" 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. "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.
D. "Frontage road" means a street parallel
and adjacent to an arterial providing access to
abutting properties, but protected from
through traffic.
01 8-G. 6
E. "Industrial road" means a street to or
through property zoned industrial.
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.
G. "Modernization" means the widening or
reconstruction of an existing county road to an
adopted county standard.
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.
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. (Ord. 93-012 § 6, 1993; Ord.
88-015 § 1, 1988; Ord. 81-043 § 1, Exhibit A,
§ 1.040 (part), 1981)
17.08.625 Definition -Road and street
project.
"Road and street project" means 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" is a (1)
modernization where a road or street is
widened by more than one lane; (2) traffic
safety or intersection improvement which
Chapter 17.08 9 (10/95)
changes local traffic patterns; (3) system
change which has significant land use
implications; or, (4) the construction of a new
county road or street where none existed
before.
C. Class III Project. No land use permit
required. "Class III Project" is a
modernization, traffic safety improvement,
maintenance, repair or preservation of a road
or street. (Ord. 93-012 § 6(A), 1993; Ord. 86-
015 § 2, 1988)
17.08.630 Definition -Roadway.
"Roadway" means that portion of a street
developed for vehicular traffic. (Ord. 81-043
§ 1, Exhibit A, § 1.040 (part), 1981)
17.08.640 Definition -Sale or lease.
"Sale" or "lease" means every disposition or
transfer of land in a subdivision or partition or
an interest or estate therein by a subdivider or
developer or their agents. "Sale" or "lease"
includes the offering of land as a prize or gift
when a monetary charge or consideration for
whatever purpose is required by the
subdivider, developer or their agents. (Ord.
90-003 § 1, 1990; Ord. 81-043 § 1, Exhibit A,
§ 1.040 (part), 1981)
17.08.645 Definition -Series partitioned
lands and 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. (Ord. 93-012 § 2, 1993)
17.08.650 Definition -Sidewalk.
"Sidewalk" means a pedestrian walkway with
permanent surfacing. (Ord. 81-043 § 1,
Exhibit A, § 1.040 (part), 1981)
17.08.660 Definition -Solar access.
"Solar access" means protection from shade
for a specific area during specific hours and
dates. (Ord. 83-039 § 2 (part), 1983; Ord. 81-
043 § 1, Exhibit A, § 1.040 (part), 1981)
17.08.670 Definition -Solar height
restriction.
"Solar height restriction" means the
allowable height of buildings, structures and
vegetation on a property burdened by the
solar access of another property. (Ord. 83-039
§ 2 (part), 1983; Ord. 81-043 § 1, Exhibit A, §
1.040 (part), 1981)
17.08.680 Definition -Subdivide land.
"Subdivide land" means to divide an area or
tract of land into four or more lots within a
calendar year. (Ord. 93-012 § 7, 1993; Ord.
81-043 § 1, Exhibit A, § 1.040 (part), 1981)
17.08.690 Definition -Subdivider.
"Subdivider" means any person who causes
land to be divided into a subdivision or
partition for himself or for others or who
undertakes to develop a subdivision or
partition, but does not include a public agency
or officer authorized by law to make
subdivisions or partitions. (Ord. 90-003 § 1,
Exhibit A,1990; Ord. 81-043 § 1, Exhibit A, §
1.040 (part), 1981)
17.08.700 Definition -Subdivision.
"Subdivision" means the act of subdividing
land or an area or a tract of land subdivided,
as defined in this section. (Ord. 81-043 § 1,
Exhibit A, § 1.040 (part), 1981)
17.08.710 Definition -Tentative plan.
"Tentative plan" means a map setting forth
the proposed plan of a subdivision or partition
in conformance with the provisions of this title
and subject to review and modification. (Ord.
90-003 § 1, Exhibit A, 1990; Ord. 81-043 § 1,
Exhibit A, § 1.040 (part), 1981)
17.08.720 Definition -Use.
"Use" means the purpose for which land or
a structure is designated, arranged or
intended, or for which it is occupied or
maintained. (Ord. 81-043 § 1.040 (part),
Exhibit A, 1981)
Chapter 17.08 10 (10/95)
17.08.730 Definition -Utilities.
"Utilities" means and includes electric,
telephone, natural gas and other services
providing for energy or communication needs.
(Ord. 81-043 § 1, Exhibit A, § 1.040 (part),
1981)
17.08.740 (Repealed by Ord. 93-012 § 8,
1993; Ord. 81-043 § 1, Exhibit A, § 1.040
(part), 1981)
17.08.750 Definition -Within the county.
"Within the county" refers to subdivisions or
partitions subject to Deschutes County land
use regulatory authority. (Ord. 90-003 § 1,
Exhibit A, 1990)
17.08.760 Definition -Zero lot line.
"Zero lot line" means the location of a
building or a lot or parcel in such a manner
that one or more of the building's sides
coincides with a lot line. (Ord. 90-003 § 1,
Exhibit A, 1990; Ord. 81-043 § 1, Exhibit A, §
1.040 (part), 1981)
Chapter 17.08 11 (10/95)
Chapter 17.12
ADMINISTRATION AND
ENFORCEMENT
Sections:
17.12.010 Minimum standards.
17.12.020 REPEALED.
17.12.030 Administration -Enforcement.
17.12.040
Delegation of authority.
17.12.050
Planning Director -Duties
and responsibilities.
17.12.060
Final decision.
17.12.070
Preapplication meeting.
17.12.080
Statement of water rights.
17.12.090
Recording -Application.
17.12.100
Sale of subdivision lots
prohibited before final
approval.
17.12.105
Sale of partition parcels
prohibited prior to tentative
plan approval.
17.12.110
Civil relief.
17.12.120
Violation -Nuisance.
17.12.130
Violation -Infraction.
17.12.010 Minimum standards.
All proposed subdivisions and partitions
within the county shall be considered for
approval 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. (Ord. 93-012 § 9, 1993; Ord. 90-
003 § 1, Exhibit A, 1990; Ord. 81-043 § 1,
Exhibit A, § 2.020, 1981)
17.12.020 (Repealed by Ord. 93-012 § 10,
1993; Ord. 90-003 § 1, Exhibit A. 1990; Ord.
81-043 § 1, Exhibit A, § 12.020,1981)
17.12.030 Administration -Enforcement.
It shall be the duty of the Planning Director
or his designated representatives to administer
018-0A200
and enforce the provisions of this title in such
a way as to carry out its intent and purpose.
(Ord. 81-043 § 1, Exhibit A, § 2.020, 1981)
17.12.040 Delegation of authority.
Pursuant to Oregon Revised Statutes
92.044(2) and 92.046(3), the Board of
Commissioners delegates to the Planning
Director and hearings officer the power to
take final action on a proposed subdivision or
partition, subject to appeal as provided for
under this title and the Deschutes County
Development Procedures Ordinance. (Ord.
90-003 § 1, Exhibit A, 1990; Ord. 81-043 § 1,
Exhibit A, § 2.040, 1981)
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, 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 for a subdivision or partition, the
Planning Director shall solicit comments on
the proposal from the Director of Public
Works, the County Environmental Health
Division, and any other appropriate county,
city, state or federal agency. (Ord. 93-012 §
11, 1993; Ord. 90-003 § 1, Exhibit A, 1990;
Ord. 81-043 § 1, Exhibit A, § 2.060, 1981)
17.12.060 Final decision.
The time for taking final action upon an
application for approval of a subdivision or
partition shall be as provided for in the
Chapter 17.12 1 (10/95)
Deschutes County Development Procedures
Ordinance. (Ord. 90-003 § 1, Exhibit A, 1990;
Ord. 81-043 § 1, Exhibit A, § 2.050, 1981)
17.12.070 Preapplication meeting.
Prior to submitting an application for a
subdivision or partition, each applicant is
encouraged to meet with the Planning
Director or a designated staff member to
review the proposal. The intent of this
meeting is to advise the applicant of the
requirements and standards of this title and
any applicable zoning standards. (Ord. 90-003
§ 1, Exhibit A, 1990)
17.12.080 Statement of water rights.
All applicants for a subdivision or partition
shall be informed by the Planning Director or
his designee of the requirement to include a
statement of water rights on the final plat.
(Ord. 93-012 § 12, 1993; Ord. 90-003 § 1,
Exhibit A, 1990)
17.12.090 Recording -Application.
Before a plat of any subdivision or partition
may be made and recorded, the person
proposing the subdivision or the partition, or
his authorized agent or representative, shall
make an application in writing to the county
planning department for approval of the
proposed subdivision or partition in
accordance with the requirements and
procedures established by this title. (Ord. 90-
003 § 1, Exhibit A, 1990; Ord. 81-043 § 1,
Exhibit A, § 2.010, 1981)
17.12.100 Sale of subdivision lots
prohibited before final
approval.
No person shall sell any lot in any
subdivision 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. (Ord. 93-012 § 13,
1993; Ord. 90-003 § 1, Exhibit A, 1990; Ord.
014-8-N;
81-043 § 1, Exhibit A, § 2.030, 1981)
17.12.105 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. (Ord. 93-012 § 14, 1993)
17.12.110 Civil relief.
When any real property is or is proposed to
be used, transferred, sold or disposed of in
violation of this title, the Planning Director or
any person whose interest in the property is or
may be affected by the violation, in addition
to other remedies provided by law, may
institute injunction, mandamus, abatement or
other appropriate proceedings to prevent,
temporarily or permanently enjoin, abate or
set aside such use, transfer, sale, disposition,
offer, negotiation or agreement. (Ord. 90-003
§ 1, Exhibit A, 1990; Ord. 81-043 § 1, Exhibit
A, § 2.040, 1981)
17.12.120 Violation -Nuisance.
A land division or use in violation of this
title is declared a nuisance. (Ord. 90-003 § 1
Exhibit A, 1990; Ord. 81-043 § 1, Exhibit A, §
2.020, 1981)
17.12.130 Violation -Infraction.
Violation of any provision of this title is a
Class A infraction. (Ord. 90-003 § 1, Exhibit
A, 1990; Ord. 83-027 § 1, 1983; Ord. 81-043 §
1, Exhibit A, § 2.040, 1981)
Chapter 17.12 2 (10/95)
Chapter 17.16
APPROVAL OF SUBDIVISION
TENTATIVE PLANS AND MASTER
DEVELOPMENT PLANS
Sections:
plan.
17.16.010
Application -Submission.
17.16.020
Scale of tentative plan.
17.16.030
Informational requirements.
17.16.040
Protective covenants and
17.16.110
homeowner association
agreements.
17.16.050 Master development plan.
17.16.060 Master development plan -
Approval.
17.16.070 Development following
approval.
17.16.080 Tentative plan as a master
tentative plan.
17.16.010 Application -Submission.
Any person proposing a subdivision, or his
authorized agent or representative, shall
include with an application and filing fee for
a subdivision, a tentative plan, together with
improvement plans and other supplementary
material as may be required. A master
development plan may also be required in
accordance with section 17.16.050 of this
chapter. The applicant must submit twenty
copies of any plan required, together with all
required accompanying material to the
planning department. (Ord. 90-003 § 1,
Exhibit A, 1990; Ord. 81-043 § 1, Exhibit A, §
3.015, 1981)
17.16.020 Scale of tentative plan.
The tentative plan of a proposed subdivision
shall be drawn on a sheet at a scale not
greater than one inch per 400 feet, or as
approved by the planning department. (Ord.
90-003 § 1, Exhibit A, 1990; Ord. 81-043 § 1,
Exhibit A, § 3.020, 1981)
17.16.030 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, 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.
1. Location, names and widths of existing
improved and unimproved streets and roads,
bikeways and access corridors 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;
Chapter 17.16 1 (10/95)
plan.
17.16.090
Tentative plan approval.
17.16.100
Required findings for
approval.
17.16.105
Access to subdivisions.
17.16.110
Resubmission of denied
tentative plan.
17.16.010 Application -Submission.
Any person proposing a subdivision, or his
authorized agent or representative, shall
include with an application and filing fee for
a subdivision, a tentative plan, together with
improvement plans and other supplementary
material as may be required. A master
development plan may also be required in
accordance with section 17.16.050 of this
chapter. The applicant must submit twenty
copies of any plan required, together with all
required accompanying material to the
planning department. (Ord. 90-003 § 1,
Exhibit A, 1990; Ord. 81-043 § 1, Exhibit A, §
3.015, 1981)
17.16.020 Scale of tentative plan.
The tentative plan of a proposed subdivision
shall be drawn on a sheet at a scale not
greater than one inch per 400 feet, or as
approved by the planning department. (Ord.
90-003 § 1, Exhibit A, 1990; Ord. 81-043 § 1,
Exhibit A, § 3.020, 1981)
17.16.030 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, 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.
1. Location, names and widths of existing
improved and unimproved streets and roads,
bikeways and access corridors 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;
Chapter 17.16 1 (10/95)
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, 10 feet for slopes of five to 20
percent, and 20 feet for slopes greater than 20
percent;
8. Zoning classification of lands within and
adjacent to the proposed subdivision;
9. 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 of all proposed streets, and
the relationship to all existing and proposed
streets;
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 subdivision boundary;
4. Location, approximate area and
dimensions of each lot, and proposed lot
numbers;
5. Location, approximate area and
0148-0"K"�i12
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. 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 subdivision, stating that
each such company is able and willing to serve
the subdivision as set forth in the tentative
plan;
12. Proposed fire protection system for the
subdivision;
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;
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. (Ord. 93-012 § 15, 1993;
Ord. 90-003 § 1, Exhibit A, 1990; Ord. 83-039
§§ 3-5, 1983; Ord. 81-043 § 1, Exhibit A, §
3.025, 1981)
Chapter 17.16 2 (10/95)
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 provisions in such
agreements not in conformance with the
provisions of this title or applicable zoning
ordinances are void. (Ord. 93-012 § 16,1993;
Ord. 90-003 § 1, Exhibit A, 1990)
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;
G. If the proposed subdivision has an
unknown impact upon adjacent lands or lands
within the general vicinity, the Planning
Director or Hearings Body may require a
potential development pattern for streets,
bikeways and access corridors for adjoining
lands to be submitted together with the
tentative plan as part of the master
development plan for the subject subdivision.
(Ord. 93-012 § 17, 1993; Ord. 81-043 § 1,
Exhibit A, § 3.030, 198 1)
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.
(Ord. 93-012 § 18, 1993; Ord. 90-003 § 1,
Exhibit A, 1990; Ord. 81-043 § 1, Exhibit A, §
3.030, 1981)
17.16.070 Development following
approval.
Once a master plan is approved by the
county, the plan shall be binding upon both
the county and the developer; provided,
however, after five years from the date of
approval of the plan, the county may initiate
a review of the plan for conformance with
applicable county regulations. If necessary,
the county may require changes in the plan to
bring it into conformance. (Ord. 81-043 § 1,
Exhibit A, § 3.040, 1981)
17.16.080 Tentative plan as a master
plan.
A. As an alternative to the filing of a
master plan for phased development, the
applicant may file a tentative plan for the
entire development. The plan must comply
with the provisions of this title for tentative
plans.
B. If the applicant proposed to phase
development, he shall provide sufficient
information regardingthe overall development
plan and phasing sequence when submitting
Chapter 17.16 3 (10/95)
the tentative plan.
C. If the tentative plan is approved with
phasing, the final plat for each phase shall be
filed in accordance with sections 17.24.020
through 17.24.110 of this title. (Ord. 81-043 §
1, Exhibit A, § 3.045, 1981)
17.16.090 Tentative plan approval.
A. The Hearings Body shall review the
application and any comments submitted by
other appropriate county, state, or federal
agencies and shall render a decision in
accordance with section 17.16.100 of this title,
setting forth findings supporting its decision.
B. Approval of the tentative plan shall not
constitute final acceptance of the plat of the
proposed subdivision for purposes of
recording; however, approval of such tentative
plan shall be binding upon the county for the
purposes of preparation and review of the
final plat. Upon review of the final plat, the
county may require compliance with the terms
of its tentative plan approval of the proposed
subdivision and the terms of this title. (Ord.
90-003 § 1, Exhibit A, 1990; Ord. 81-043 § 1,
Exhibit A, § 3.055(1), 1981)
17.16.100 Required findings for
approval.
A tentative plan for a proposed subdivision
shall not be approved unless the Planning
Director or Hearings Body finds that the
subdivision as proposed or modified will meet
the requirements of this title and Titles 18
through 21 of this code, and 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.
®148-G I'I
C. The tentative plan for the proposed
subdivision meets the requirements of Oregon
Revised Statutes 92.090.
D. For subdivision 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. (Ord. 93-
012 § 19, 1993; Ord. 90-003 § 1, Exhibit A,
1990; Ord. 81-043 § 1, Exhibit A, § 3.060,
1981)
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. (Ord. 93-
012 § 19(A), 1993)
17.16.110 Resubmission of denied
tentative plan.
A. If the tentative plan for a subdivision is
denied, resubmittal thereof shall not be
accepted for a period of six months after the
date of the final action denying such plan.
Upon resubmission, the applicant shall
consider all items upon which the prior denial
was based, and the resubmission shall be
accompanied by a new filing fee.
B. A tentative plan resubmitted in
accordance with this section shall be reviewed
in the same manner as any other tentative
Chapter 17.16 4 (10/95)
plan. (Ord. 90-003 § 1, Exhibit A, 1990; Ord.
81-043 § 1, Exhibit A, § 3.035, 198 1)
Chapter 17.16 5 (10/95)
01 eS-G
Chapter 17.20
ZERO LOT SUBDIVISION
Sections:
17.20.010 Requirements.
17.20.010 Requirements.
In addition to the general provisions for
subdivision and partitioning set forth in this
title, any application for a zero lot line
subdivision or partition shall meet the
following requirements:
A. The tentative plan shall indicate all lot
divisions, including those along the common
wall of duplex units.
B. Independent utility service shall be
provided to each unit, including, but not
limited to, water, electricity and natural gas,
unless common utilities are approved by the
affected utility agency and are adequately
covered by easements.
C. Prior to the granting of final approval
for creation of a zero lot line subdivision or
partition, the Planning Director shall require
the applicant(s) to enter into a written
agreement in a form approved by the County
Legal Counsel that establishes the rights,
responsibilities and liabilities of the parties
with respect to maintenance and use of any
common areas of the unit, such as, but not
limited to, common walls, roofing, water pipes
and electrical wiring. Such agreement shall be
in a form suitable for recording, and shall be
binding upon the heirs, executors,
administrators and assigns of the parties.
D. Each zero lot line subdivision or
partition proposal shall receive site plan
approval prior to submission of the final plat.
Site plan approval shall be granted only upon
a finding that the design, materials and colors
proposed for each dwelling are harmonious
and do not detract from the general
appearance of the neighborhood. (Ord. 90-
003 § 1, Exhibit A, 1990; Ord. 81-043 § 1, §
3.050, 1981)
Chapter 17.20 1 (10/95)
Chapter 17.22
APPROVAL OF TENTATIVE
PLANS FOR PARTITIONS
Sections:
17.22.010 Filing procedures and
requirements.
17.22.020 Requirements for approval.
17.22.030 Improvement requirements.
17.22.040 Application review.
17.22.100 Special partitioning
requirements.
17.22.010 Filing procedures and
requirements.
A. Any person, or his authorized agent or
representative, proposing a land partition,
shall prepare and submit a minimum of 10
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 division.
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 drainfields; 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;
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;
5. A statement regarding contemplated
water supply, telephone and electric service,
sewage 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;
6. True north, scale and date of map and
property identification by tax lot, section,
township and range;
7. Statement regarding present and
intended use of the parcels to be created, or
the use for which the parcels are to be
offered;
8. If a tract of land has water rights, the
application shall be accompanied by a water
rights division plan which can be reviewed by
the irrigation district or other water district
holding the water rights, or when there is no
such district, the county watermaster;
9. Title report or subdivision guarantee.
C. Information for parcels located within a
Surface Mining Impact Area (SMIA) zones.
For each parcel wholly or partially within 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.
(Ord. 93-012 § 21, 1993; Ord. 90-003 § 1,
Chapter 17.22 1 (10/95)
Exhibit A, 1990; Ord. 81-043 § 1, Exhibit A, §
5.015, 1981)
17.22.020 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 nonconforming
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;
5. Each parcel is suited for the use
intended or offered, considering the size of
the parcels, natural hazards, topography and
access;
6. All required utilities, public services and
facilities are available and adequate and are
proposed to be provided by the petitioner;
7. A water rights division plan, reviewed
and approved by the appropriate irrigation
district or the watermaster's office, if water
rights are associated with the subject property;
8. 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. 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. (Ord. 93-012 § 22,
1993; Ord. 90-003 § 1, Exhibit A, 1990; Ord.
81-043 § 1, Exhibit A, § 5.020, 1981)
17.22.030 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 subdivision under the
provisions of this title. All roads in partitions
shall be dedicated to the public without
reservation or restriction. (Ord. 93-012 § 23,
1993; Ord. 90-003 § 1, Exhibit A, 1990; Ord.
81-043 § 1, Exhibit A, § 5.020, 1981)
17.22.040 Application review.
Following submission of an application for
a land partition, the application shall be
reviewed in accordance with Title 22 of the
Deschutes County Code. (Ord. 93-012 § 24,
1993; Ord. 90-003 § 1, Exhibit A, 1990; Ord.
81-043 § 1, Exhibit A, § 5.040, 1981)
17.22.100 Special partition regulations.
A. The partitioning of a tract of land in
Chapter 17.22 2 (10/95)
which not more than one additional parcel is
created, and transferred to a governmental
agency or special district for the purpose of a
road, railroad, 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. (Ord.
93-012 § 15, 1993; Ord. 90-003 § 1, Exhibit A,
1990; Ord. 81-043 § 1, Exhibit A, § 5.090,
1981)
Chapter 17.22 3 (10/95)
Chapter 17.24
FINAL PLAT
Sections:
Form.
17.24.010
Applicability.
17.24.020
Submission -Extensions.
17.24.030
Submission for phased
17.24.070
development.
17.24.040
Form.
17.24.050
Requirements of survey and
plat.
17.24.060
Required information.
17.24.070
Supplemental information.
17.24.080
(Renumbered to 17.24.110 by
Ord. 90-003 § 1, 1990)
17.24.090
Approval by irrigation
districts.
17.24.100
Technical review.
17.24.105
Final plat review.
17.24.110
Conditions of approval.
17.24.120
Improvement agreement.
17.24.130
Security.
17.24.140
Approval.
17.24.150
Recording.
17.24.160
Approval and recordation of
subdivision interior
monuments.
17.24.170
Correction of errors.
17.24.010 Applicability.
A. This chapter shall apply to approval of
plats for subdivisions and major and minor
partitions within the county. A final plat is
required for all subdivisions and partitions
approved by the county.
B. With respect to partitions and
subdivisions located within the boundaries of
a city that has by resolution or ordinance
directed that the City Surveyor serve in lieu of
the County Surveyor, sections 17.24.040,
17.24.150, 17.24.160 and 17.24.170 shall apply.
C. With respect to partitions and
subdivisions located within the boundaries of
a city that has not by resolution or ordinance
directed its surveyor to serve in lieu of the
County Surveyor, sections 17.24.040,
0148-0-180,
17.24.100(A), 17.24.150, 17.24.160 and
17.24.170 shall apply. (Ord. 90-015 § 2, 1990;
Ord. 90-003 § 1, Exhibit A, 1990)
17.24.020 Submission -Extensions.
A. Filing Time Period Requirements.
Except as provided for in section 17.24.030 of
this chapter, the applicant shall prepare and
submit to the planning department a final plat
that is in conformance with the tentative plan
as approved. Within two years of the
approval date for the tentative plan for a
subdivision or partition, the applicant shall
submit an original drawing, a filing fee and
any supplementary information required by
this title and the Hearings Body. If the
applicant fails to proceed with such a
submission before the expiration of the two-
year period following the approval of the
tentative plan, the plan approval shall be void.
The applicant may, however, submit a new
tentative plan together with the appropriate
filing fee.
B. Extension.
1. An extension may only be granted in
conformance with the applicable provisions of
the Deschutes County Development
Procedures Ordinance. (Ord. 95-018 § 15,
1995; Ord. 90-003 § 1, Exhibit A, 1990; Ord.
86-030 § 1, 1986; Ord. 81-043 § 1, Exhibit A,
§ 4.005(2), 1981)
17.24.030 Submission for phased
development.
A. If a tentative plan is approved for
phased development, the final plat for the first
phase shall be filed within two years of the
approval date for the tentative plan.
B. The final plats for any subsequent phase
shall be filed within three years of the
recording date of the final plat for the first
phase.
C. The applicant may request an extension
for any final plat under this section in the
manner provided for in section 17.24.020(B)
of this chapter.
D. If the applicant fails to file a final plat,
the tentative plan for those phases shall
Chapter 17.24 1 (10/95)
become null and void. (Ord. 95-018 § 16,
1995; Ord. 90-003 § 1, Exhibit A, 1990; Ord.
81-043 § 1, Exhibit A, § 4.010, 1981)
17.24.040 Form.
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 India ink upon an 18 inch by
24 inch sheet, with an additional three-inch
binding edge on the left side. The plat shall
be made upon drafting material of at least
four mil thickness that is suitable for binding
and copying and have such other
characteristics of strength and 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, 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. (Ord. 93-
012 § 25(A),1993; Ord. 90-003 § 1, Exhibit A,
1990; Ord. 81-043 § 1, Exhibit A, § 4.015,
1981)
17.24.050 Requirements of survey and
plat.
A. Any final subdivision or partition plat
shall meet the survey and monumentation
requirements of Oregon Revised Statutes
chapter 92.
B. Parcels of 10 acres or more created by
partition are subject to all survey and
monument requirements.
C. In accordance with the provisions of
Oregon Revised Statute 92.050(10), the
surveyor may waive the requirements set forth
in Oregon Revised Statutes 92.050(9). (Ord.
93-012 § 25(AA), 1993; Ord. 90-003 § 1,
Chapter 17.24
0148-Oti81
Exhibit A, 1990; Ord. 81-043 § 1, Exhibit A, §
4.020, 1981)
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 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, 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, 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.
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
2 (10/95)
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. Bicycle and Pedestrian Facilities. The
location, width and type (i.e., route, lane or
path) of all bicycle and pedestrian facilities,
including access corridors.
K. Lot or Parcel Numbers. Lot or parcel
numbers beginning with the number one and
numbered consecutively.
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 with the number one and continue
consecutively without omission or duplication
throughout the subdivision. The numbers
shall be placed so as not to obliterate any
figure. Block numbers in an addition to a
subdivision of the same name shall be a
continuation of the numbering in the original
subdivision.
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.
O. 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.
P. Statement of Water Rights.
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.
Q. Statements. The following statements
are required:
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 Oregon
Revised Statutes 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
Chapter 17.24 3 (10/95)
for the survey and final plat and stamped with
his seal.
3. Any other affidavit required by state
regulations.
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 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.
7. County Planning Director.
8. County Commissioners.
9. Any other signature required by state
regulation.
S. The plat shall contain a statement
located directly beneath the signatures of the
County Commissioners stating as follows:
"Signature by the Board of Commissioners
constitutes acceptance by the county of any
dedication made herein to the public."
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. (Ord. 93-012 § 26,1993; Ord. 90-
015 § 1, 1990; Ord. 90-003 § 1, Exhibit A,
1990; Ord. 83-039 § 6, 1983; Ord. 81-043 § 1,
Exhibit A, § 4.030, 1981)
17.24.070 Supplemental information.
The following data shall accompany the plat:
A. Title Report. A subdivision guarantee
report or other similar title report issued by a
title insurance company showing the current
status of title to the property. Such report
shall show evidence of marketable title.
B. Record of Survey Plat. Sheets and
drawings for submission to the County
Surveyor containing the following information:
1. Traverse data, including the coordinates
0M8 -0f -`1q3
3: J
of the boundary of the subdivision or partition
and ties to section corners and donation land
claim corners, and showing the error of
closure. A survey control work sheet may be
substituted for this item;
2. The computation of distances, angles
and courses shown on the plat;
3. Ties to existing monuments, proposed
monuments, adjacent subdivisions or
partitions, street corners and state highway
stationing.
C. Dedications. A copy of any dedication
requiring separate documents with specific
reference to parks, playgrounds, etc.
D. Taxes. A list of all taxes and
assessments on the tract which have become a
lien on the land being divided.
E. Improvements. If grading, street
improvements, sewer or water facilities are
required as a condition of approval of the
final plat, the following shall be required to be
submitted with the final plat:
1. Improvement plan, in accordance with
section 17.40.010 of this title;
2. Plans and profiles of sanitary sewers,
location of manholes and drainage system;
3. Plan and profiles of the water
distribution system, showing pipe sizes and
location of valves and fire hydrants;
4. Specifications for the construction of all
utilities;
5. Grading plans and specifications as
required for areas other than streets and ways;
6. Planting plans and specifications for
street trees and other plantings in public
areas;
7. Plans for improvements, design factors
or other provisions for fire protection or fire
hazard reduction. (Ord. 90-003 § 1, Exhibit
A, 1990; Ord. 81-043 § 1, Exhibit A, § 4.035,
1981)
(17.24.080 renumbered to 17.24.110 by Ord.
90-003 § 1, 1990)
17.24.090 Approval by irrigation
districts.
A. All plats or replats of subdivisions or
Chapter 17.24 4 (10/95)
partitions located within the boundaries of an
irrigation district, drainage district, water
control district, district improvement company
or similar service district, shall be submitted to
the Board of Directors of the district or
company for its approval of such plat or replat
of any subdivision or partition.
B. If the applicant is unable to obtain
action or approval of any such district or
company within 45 days of submission to such
district or company, the applicant shall notify
the board in writing, and thereafter the board
shall serve notice on such district or company
by certified mail advising the district or
company that any objections to the plat or
replat must be filed with the board within 20
days. Failure of the district or company to so
respond shall be considered to be an approval
of such plat or replat. (Ord. 90-003 § 1,
Exhibit A, 1990)
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 92.100(4).
B. Field Check. The Director of Public
Works, the Planning Director and the County
014-8 -C��S
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.
They may enter the property for this purpose.
(Ord. 93-012 § 27, 1993; Ord. 90-003 § 1,
Exhibit A, 1990; Ord. 81-043 § 1, Exhibit A, §
4.040, 1981)
17.24.105 Final plat review.
A. 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.
B. Review and approval under this section
shall occur in accordance with section
17.24.110. (Ord. 93-012 § 28, 1993)
17.24.110 Conditions of approval.
A. The Planning Director and Public
Works Director shall determine whether or
not the plat conforms with the approved
tentative plan and this title. If the Planning
Director and/or Public Works Director does
not approve the plat, 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
Planning Director and Public Works Director
determine that the plat conforms to all
requirements and if, in the case of partitions,
they determine that all current taxes and
assessments are paid, they shall recommend
approval, provided supplemental documents
and provisions for required improvements are
satisfactory. Recommendation of approval of
the plat does not constitute final approval,
Chapter 17.24 5 (10/95)
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.
(Ord. 93-012 § 29, 1993; Ord. 90-003 § 1,
Exhibit A, 1990; Ord. 81-043 § 1, Exhibit A, §
3.060, 1981)
17.24.120 Improvement agreement.
A. The subdivider may, in lieu of
completion of the required repairs to existing
streets and facilities, and improvements as
specified in the tentative plan, request the
county to approve an agreement between
himself and the county specifying the schedule
by which the required improvements and
repairs shall be completed; provided, however,
any schedule of improvements and repairs
agreed to shall not exceed one year from the
date the final plat is recorded. The agreement
shall also provide the following:
1. A list of all the contractors who will
construct or complete the improvements and
repairs;
2. The cost of the improvements and
repairs;
3. That the county may call upon the
security for the construction or completion of
the improvements and repairs, upon failure of
the subdivider to adhere to the schedule for
improvements and repairs;
4. That the county shall recover the full
cost and expense of any work performed by or
on behalf of the county to complete
construction of the improvements and repairs,
including, but not limited to, attorneys and
engineering fees;
5. That a one-year warranty bond shall be
deposited with the county following
acceptance of the improvements and repairs.
The bond shall be in the amount of 10 percent
of the value of the improvements.
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. 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.
C. The county may reject an agreement
authorized by this section for any sufficient
reason.
D. The applicant shall file with any
agreement specified in this section a bond or
other form of security provided for in section
17.24.130 of this chapter. (Ord. 93-012 § 30,
1993; Ord. 90-003 § 1, Exhibit A, 1990; Ord.
81-043 § 1, Exhibit A, § 4.050, 1981)
17.24.130 Security.
A. Where a bond is required by any
provision of this chapter, an applicant may
submit:
1. A surety bond executed by a surety
company authorized to transact business in the
state in a form approved by the County Legal
Counsel;
2. Cash deposit with the county; or
3. An unconditional, irrevocable standby
letter of credit.
B. Such assurance of full and faithful
performance shall be for 120 percent of the
cost of performing the work as determined by
the county.
C. If the subdivider fails to carry out the
provisions of any agreement secured by any
Chapter 17.24 6 (10/95)
security provided for in subsection (A) of this
section, the county shall call upon the bond or
cash deposit to finance any cost and expenses
resulting from such failure. If the amount
called upon and realized by the county from
the cash deposit or bond exceeds the cost and
expense incurred in completing the
improvements and repairs, the county shall
release the remainder. If the amount called
upon and realized by the county from the cash
deposit and bond is less than the cost and
expense incurred by the county in completing
the improvements and repairs, the subdivider
shall be liable to the county for the difference.
(Ord. 90-003 § 1, Exhibit A,1990; Ord. 81-043
§ 1, Exhibit A, § 4.055, 1981)
17.24.140 Approval.
After the final plat has been checked and
approved as provided for in this chapter, and
when all signatures appear thereon except
those of the Planning Director and Board of
County Commissioners, the Planning Director
shall approve the final plat and submit it to
the Board of County Commissioners for final
approval. (Ord. 90-003 § 1, Exhibit A, 1990;
Ord. 81-043 § 1, Exhibit A, § 4.060, 1981)
17.24.150 Recording.
A. No plat shall have any force or effect
until it has been recorded. No title to
property described in any dedication on the
plat shall pass until recording of the plat.
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 on the
mylar copies indicating that the copy or
tracing is a 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 15 blue
line copies of the plat to the planning 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.
C. No plat may be recorded unless all city
or county approvals required under chapter 92
of the Oregon Revised Statutes with respect
to land division and surveying and mapping
have been obtained. If the plat or the
circumstances of its presentation do not allow
the clerk to make this determination, the clerk
may make such inquiry as is necessary to
establish that such requirements have been
met.
D. No subdivision plat shall be recorded
unless all ad valorem taxes and all special
assessments, fees or other charges required by
law to be placed upon the tax roll that have
become a lien upon the subdivision or that
will become a lien upon the subdivision during
the calendar year have been paid.
E. No plat shall be recorded unless it is
accompanied by a signed statement of water
rights and, if there are water rights
appurtenant to the property being divided, an
acknowledgement of receipt by the Oregon
Department of Water Resources of applicant's
statement of water rights. This provision shall
not apply if the partition or subdivision plat
displays the approval of any special district
referred to in section 17.24.090 of this
chapter.
F. No plat shall be recorded unless it
complies with the provisions of section
17.24.040 of this chapter regarding form.
G. Following submission of the approved
plat and required copies, and upon payment
of such recording fees as prescribed by the
county, the original shall be recorded in the
County Clerk's plat records. One copy of the
final plat submitted shall be preserved without
folding in the archives of the County Clerk.
The other copy shall be filed with the County
Surveyor. (Ord 93-012 § 31, 1993; Ord. 90-
003 § 1, Exhibit A, 1990; Ord. 81-043 § 1,
Exhibit A, § 4.065, 1981)
17.24.160 Approval and recordation of
subdivision interior
monuments.
A. Approval. Within five days of
completion of the setting of interior
Chapter 17.24 7 (10/95)
monuments as allowed by the County
Surveyor under section 17.24.100 of this
chapter, the surveyor performing the work
shall notify the City or County Surveyor, as
the case may be, of the completion of the
work. At that time the surveyor performing
the work shall submit to the City or County
Surveyor such documentation as the City or
County Surveyor shall require demonstrating
that the work has been completed in
accordance with the surveyor's affidavit
recorded on the plat and chapter 92 of the
Oregon Revised Statutes, including an
affidavit in conformance to the requirements
of section 92.070(3)(b) of the Oregon Revised
Statutes.
B. Recordation of Affidavit. Upon
approval by the county or City Surveyor, as
the case may be, the monumentation affidavit
shall be recorded in the office of the County
Clerk.
C. Reference of Monumentation. The
County Surveyor shall, in all cases, note the
monuments set and the recorder's information
on the original subdivision plat and any true
and exact copies filed in accordance with
section 17.24.150 of this chapter.
D. Reference of County Surveyor's
Approval. In all cases, the County Surveyor
shall reference his approval on the original
subdivision plat previously recorded. (Ord.
90-003 § 1, Exhibit A, 1990)
17.24.170 Correction of errors.
A. A plat may be amended to correct
errors specified in section 92.170(1) of the
Oregon Revised Statutes.
B. Amendment of a plat pursuant to this
section shall be made by an affidavit of
correction prepared in accordance with section
92.170(3) of the Oregon Revised Statutes.
C. The affidavit shall be submitted to the
City or County Surveyor, as the case may be,
who shall certify that the affidavit has been
examined and that the changes shown on the
affidavit are permitted under section 92.170(1)
of the Oregon Revised Statutes. After
approval by the surveyor, the affidavit shall be
01,18-024s, t
recorded with the clerk upon payment of such
recording and surveyor's fees as set by the
Board of Commissioners.
D. The County Surveyor shall, in all cases,
note the correction and the recording
reference from the affidavit upon the original
plat and upon the true and exact copies filed
pursuant to section 17.24.150 of this chapter.
(Ord. 90-003 § 1, Exhibit A, 1990; Ord. 81-043
§ 1, Exhibit A, § 4.070, 1981)
Chapter 17.24 8 (10/95)
014-8 -C�.
Chapter 17.32
CONDOMINIUM CONVERSION
Sections:
17.32.010 Applicability.
17.32.020 Procedure.
17.32.030 Division of land.
17.32.010 Applicability.
Any proposal for a condominium conversion
as defined in Oregon Revised Statutes chapter
91 shall, prior to approval by the Real Estate
Commissioner, comply with sections 17.32.020
and 17.32.030 of this chapter. (Ord. 81-043 §
1, Exhibit A, § 7.010, 198 1)
17.32.020 Procedure.
The applicant shall file with the planning
department an application for the proposed
conversion, together with a filing fee and a
detailed site plan, indicating parking,
landscaping and recreational areas. (Ord. 81-
043 § 1, Exhibit A, § 7.020, 198 1)
1732.030 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. (Ord. 81-043 § 1, Exhibit A, § 7.030,
1981)
Chapter 17.32 1 (10/95)
Chapter 17.36
DESIGN STANDARDS
Sections:
17.36.010
Compliance required.
17.36.020
Streets.
17.36.030
Division of land.
17.36.040
Existing streets.
17.36.050
Continuation of streets.
17.36.060
Minimum right of way and
roadway width.
1736.070
Future resubdivision.
1736.080
Future extension of streets.
1736.090
REPEALED.
1736.100
Frontage roads.
1736.110
Streets adjacent to railroads,
freeways and parkways.
1736.120
Street names.
1736.130
Sidewalks.
1736.140
Bicycle, pedestrian and
transit requirements.
1736.150
Blocks.
1736.160
Easements.
1736.170
Lots -Size and shape.
1736.180
Frontage.
1736.190
Through lots.
1736.200
Corner lots.
1736.210
Solar access performance.
1736.220
Underground facilities.
1736.230
Grading of building sites.
1736.240
REPEALED.
1736.250
Lighting.
1736.260
Fire hazards.
1736.270
Street tree planting.
1736.280
Water and sewer lines.
1736.290
Individual wells.
1736300
Public water system.
1736.010 Compliance required.
All land divisions shall be in compliance
with the design standards set forth in this
chapter and in chapter 17.48 of this title.
(Ord. 81-043 § 1, Exhibit A, § 6.010, 1981)
1736.020 Streets.
A. The location, width and grade of streets
0145-0;�q
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 property
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. (Ord. 93-012 § 31(A), 1993;
Ord. 90-003 § 1, Exhibit A, 1990; Ord. 81-043
§ 1, Exhibit A, § 6.015(1), 1981)
1736.030 Division of land.
Any proposal for a condominium conversion
which results in a division of real property
shall comply with the provisions of Title 17
and Oregon Revised Statutes chapter 92.
(Ord. 93-012 § 32, 1993; Ord. 81-043 § 1,
Exhibit A, § 6.015(10), 1981)
1736.040 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
Chapter 17.36 1 (10/95)
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 will be directly affected by the
proposed subdivision or partition. (Ord. 93-
012 § 33, 1993; Ord. 90-003 § 1, Exhibit A,
1990; Ord. 81-043 § 1, Exhibit A, § 6.015(3),
1981)
17.36.050 Continuation of streets.
Subdivision or partition streets which
constitute the continuation of streets in
contiguous territory shall be aligned so that
their centerlines coincide. (Ord. 90-003 §l,
Exhibit A, 1990; Ord. 81-043 § 1, Exhibit A, §
6.015(9), 1981)
17.36.060 Minimum right of way and
roadway width.
The street right of way and roadway
surfacing widths shall be in conformance with
standards and specifications set forth in
chapter 17.48 of this title. (Ord. 81-043 § 1,
Exhibit A, § 6.015(1), 1981)
1736.070 Future resubdivision.
Where a tract of land is divided into lots or
parcels of an acre or more, the Hearings Body
may require an arrangement of lots or parcels
and streets such as to permit future
resubdivision in conformity to the street
requirements and other requirements
contained in this title. (Ord. 90-003 § 1,
Exhibit A, 1990; Ord. 81-043 § 1, Exhibit A, §
6.015(2), 1981)
1736.080 Future extension of streets.
When necessary to give access to or permit
a satisfactory future division of adjoining land,
streets shall be extended to the boundary of
the subdivision or partition. (Ord. 81-043 § 1,
Exhibit A, § 6.015(6), 1981)
0.48-029.
17.36.090 (Repealed by Ord. 93-012 § 34,
1993; Ord. 81-043 § 1, § 6.015(5), 1981)
17.36.100 Frontage roads.
If a land division abuts or contains an
existing or proposed collector or arterial
street, the Planning Director or Hearings
Body may require frontage roads, reverse
frontage lots or parcels with suitable depth,
screen planting contained in a nonaccess
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 frontage roads shall comply with
the applicable standards of Table A of this
title. (Ord. 93-057 § 1, 1993; Ord. 93-057 § 1,
1993; Ord. 93-012 § 35,1993; Ord. 81-043 § 1,
Exhibit A, § 6.015(7), 1981)
1736.110 Streets adjacent to railroads,
freeways and parkways.
When the area to be divided adjoins or
contains a railroad, freeway or parkway,
provision may be required for a street
approximately parallel to and on each side of
such right of way at a distance suitable for use
of the land between the street and railroad,
freeway or parkway. In the case of a railroad,
there shall be a land strip of not less than 25
feet in width adjacent and along the railroad
right of way and residential property. If the
intervening property between such parallel
streets and a freeway or a parkway is less than
80 feet in width, such intervening property
shall be dedicated to park or thoroughfare
use. The intersections of such parallel streets,
where they intersect with streets that cross a
railroad, shall be determined with due
consideration at cross streets of a minimum
distance required for approach grades to a
future grade separation and right of way
widths of the cross street. (Ord. 90-003 § 1,
Exhibit A, 1990; Ord. 81-043 § 1, Exhibit A, §
6.015(8), 1981)
Chapter 17.36 2 (10/95)
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 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. (Ord. 93-012 § 36, 1993;
Ord. 81-043 § 1, Exhibit A, § 6.015(11), 1981)
17.36.130 Sidewalks.
A. Within an urban growth boundary,
sidewalks 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.
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. (Ord.
93-012 § 37, 1993; Ord. 90-003 § 1, Exhibit A,
1990; Ord. 88-015 § 3, 1988; Ord. 81-043 § 1,
Exhibit A, § 6.015(12), 1981)
1736.140 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.
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.
(Ord. 93-012 § 38, 1993; Ord. 81-043 § 1,
Exhibit A, § 6.015(13), 1981)
1736.150 Blocks.
A. General. The length, width and shape
of blocks shall accommodate the need for
Chapter 17.36 3 (10/95)
adequate building site size, 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.
B. Size. Within an urban growth boundary,
no block shall be longer than 1,200 feet
between street lines. In blocks over 800 feet
in length, there shall be a cross connection
consistent with the provisions of section
17.36.140. (Ord. 93-012 § 38(A), 1993; Ord.
81-043 § 1, Exhibit A, § 6.020(1) and (2),
1981)
17.36.160 Easements.
A. Utility Easements. Easements shall be
provided along property lines when necessary
for the placement of overhead or underground
utilities, and to provide the subdivision or
partition with electric power, communication
facilities, street lighting, sewer lines, water
lines, gas lines or drainage. Such easements
shall be labeled 'Public Utility Easement" on
the tentative and final plat; they shall be at
least 12 feet in width and centered on lot lines
where possible, except utility pole guyline
easements along the rear of lots or parcels
adjacent to unsubdivided land may be reduced
to 10 feet in width.
B. Drainage. If a tract is traversed by a
watercourse such as a drainageway, channel or
stream, there shall be provided a stormwater
easement or drainage right of way conforming
substantially with the lines of the watercourse,
or in such further width as will be adequate
for the purpose. Streets or parkways parallel
to major watercourses or drainageways may be
required. (Ord. 90-003 § 1, Exhibit A, 1990;
Ord. 81-043 § 1, Exhibit A, § 6.020(3), 1981)
1736.170 Lots -Size and shape.
The size, width and orientation of lots or
parcels shall be appropriate for the location of
the land division and for the type of
development and use contemplated, and shall
be consistent with the lot or parcel size
provisions of Titles 18 through 21 of this code,
with the following exceptions:
A. In areas not to be served by a public
sewer, minimum lot and parcel sizes shall
permit compliance with the requirements of
the Department of Environmental Quality and
the County Sanitarian, and shall be sufficient
to permit adequate sewage disposal. Any
problems posed by soil structure and water
table and related to sewage disposal by septic
tank shall be addressed and resolved in the
applicant's initial plan.
B. Where property is zoned and planned
for business or industrial use, other widths and
areas may be permitted by the Hearings Body.
Depth and width of properties reserved or laid
out for commercial and industrial purposes
shall be adequate to provide for the off-street
service and parking facilities required by the
type of use and development contemplated.
(Ord. 90-003 § 1, Exhibit A, 1990; Ord. 81-043
§ 1, Exhibit A, § 6.025, 1981)
17.36.180 Frontage.
A. Each lot or parcel shall abut upon a
public road for at least 50 feet, except for lots
or parcels fronting on the bulb of a cul-de-sac,
then the minimum frontage shall be 30 feet,
and except for partitions off of U.S. Forest
Service or Bureau of Land Management
roads.
B. All side lot lines shall be at right angles
to street lines or radial to curved streets
wherever practical. (Ord. 93-012 § 39, 1993;
Ord. 90-003 § 1, Exhibit A, 1990; Ord. 81-043
§ 1, Exhibit A, § 6.030(1) and (2), 1981)
17.36.190 Through lots.
Lots or parcels with double frontage should
be avoided except where they are essential to
provide separation of residential development
from major street or adjacent nonresidential
activities to overcome specific disadvantages of
topography and orientation. A planting
screen easement of at least 10 feet in width
and across which there shall be no right of
access may be required along the lines of lots
or parcels abutting such a traffic artery or
other incompatible use. (Ord. 90-003 § 1,
Chapter 17.36 4 (10/95)
Exhibit A, 1990; Ord. 81-043 § 1, Exhibit A, §
6.030(3), 1981)
17.36.200 Corner lots.
Within an urban growth boundary, corner
lots or parcels shall be a minimum of five feet
more in width than other lots or parcels, and
also shall have sufficient extra width to meet
the additional side yard requirements of the
zoning district in which they are located.
(Ord. 90-003 § 1, Exhibit A, 1990; Ord. 81-043
§ 1, Exhibit A, § 6.030(4), 1981)
17.36.210 Solar access performance.
A. As much solar access as feasible shall be
provided each lot or parcel in every new
subdivision or partition, considering
topography, development pattern and existing
vegetation. The lot lines of lots or parcels, as
far as feasible, shall be oriented to provide
solar access at ground level at the southern
building line two hours before and after the
solar zenith from September 22nd to March
21st. If it is not feasible to provide solar
access to the southern building line, then solar
access, if feasible, shall be provided at 10 feet
above ground level at the southern building
line two hours before and after the solar
zenith from September 22nd to March 21st,
and three hours before and after the solar
zenith from March 22nd to September 21st.
B. This solar access shall be protected by
solar height restrictions on burdened
properties for the benefit of lots or parcels
receiving the solar access.
C. If the solar access for any lot or parcel,
either at the southern building line or at 10
feet above the southern building line, required
by this performance standard is not feasible,
supporting information must be filed with the
application. (Ord. 90-003 § 1, Exhibit A,
1990; Ord. 83-039 § 7, 1983; Ord. 81-043 § 1,
Exhibit A, § 6.030(5), 1981)
1736.220 Underground facilities.
Within an urban growth boundary, all
permanent utility services to lots or parcels in
a subdivision or partition shall be provided
from underground facilities; provided,
however, the Hearings Body may allow
overhead utilities if the surrounding area is
already served by overhead utilities and the
proposed subdivision or partition would create
less than 10 lots. The subdivision or partition
shall be responsible for complying with
requirements of this section, and shall:
A. Obtain a permit from the Department
of Public Works of placement of all
underground utilities.
B. Make all necessary arrangements with
the utility companies and other persons or
corporations affected by the installation of
such underground utilities in accordance with
the rules and regulations of the State Public
Utility Commission.
C. All underground utilities, sanitary
sewers and storm drains installed in streets
shall be constructed prior to the surfacing of
such streets to the extent practicable, and
sanitary sewers shall be placed to such length
as will obviate the necessity for disturbing the
street improvements when service connections
are made. (Ord. 90-003 § 1, Exhibit A, 1990;
Ord. 81-043 § 1, Exhibit A, § 6.030(6), 1981)
17.36.230 Grading of building sites.
Grading of building sites shall conform to
the following standards, unless physical
conditions demonstrate the property of other
standards:
A. Cut slope ratios shall not exceed one
foot vertically to one and one-half feet
horizontally.
B. Fill slope ratios shall not exceed one
foot vertically to two feet horizontally.
C. The composition of soil for fill and the
characteristics of lots and parcels made usable
by fill shall be suitable for the purpose
intended.
D. When filling or grading is contemplated
by the subdivider, he shall submit plans
showing existing and finished grades for the
approval of the Director of Public Works. In
reviewing these plans, the Director of Public
Works shall consider the need for drainage
and effect of filling on adjacent property.
Chapter 17.36 5 (10/95)
Grading shall be finished in such a manner as
not to create steep banks or unsightly areas to
adjacent property. (Ord. 90-003 § 1, Exhibit
A, 1990; Ord. 81-043 § 1, Exhibit A, § 6.040,
1981)
17.36.240 (Repealed by Ord. 93-012 § 40,
1993; Ord. 90-003 § 1, Exhibit A, 1990; Ord.
81-043 § 1, Exhibit A, § 6.045, 1981)
17.36.250 Lighting.
Within an urban growth boundary, the
subdivider shall provide underground wiring to
the county standards, and a base for any
proposed ornamental street lights at locations
approved by the affected utility company.
(Ord. 81-043 § 1, Exhibit A, § 6.035(l), 1981)
17.36.260 Fire hazards.
Whenever possible, a minimum of two
points of access to the subdivision or partition
shall be provided to provide assured access for
emergency vehicles and ease resident
evacuation. (Ord. 90-003 § 1, Exhibit A, 1990;
Ord. 81-043 § 1, Exhibit A, § 6.035(2), 1981)
17.36.270 Street tree planting.
Street tree planting plans, if proposed, for a
subdivision or partition, shall be submitted to
the Planning Director and receive his approval
before the planting is begun. (Ord. 90-003 §
1, Exhibit A, 1990; Ord. 81-043 § 1, Exhibit A,
§ 6.035(3), 1981)
17.36.280 Water and sewer lines.
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. (Ord. 93-012 § 41,
1993; Ord. 90-003 § 1, Exhibit A, 1990; Ord.
81-043 § 1, Exhibit A, § 6.035(4), 1981)
17.36.290 Individual wells.
In any subdivision or partition where
individual wells are proposed, the applicant
C .�. - a
Ito
shall provide documentation of the depth and
quantity of potable water available from a
minimum of two wells within one mile of the
proposed land division. Notwithstanding
section 17.36.300, individual wells for
subdivisions are allowed when parcels are
larger than 10 acres. (Ord. 93-012 § 42, 1993;
Ord. 81-043 § 1, Exhibit A, § 6.035(5), 1981)
17.36.300 Public water system.
In any subdivision or partition where a
public water system is required or proposed,
plans for the water system shall be submitted
and approved by the appropriate state or
federal agency. A community water system
shall be required where lot or parcel sizes are
less then one acre or where potable water
sources are at depths greater than 500 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. (Ord. 93-012 § 43, 1993; Ord.
90-003 § 1, Exhibit A, 1990; Ord. 81-043 § 1,
Exhibit A, § 6.035(6), 1981)
Chapter 17.36 6 (10/95)
Chapter 17.40
IMPROVEMENTS
Sections:
17.40.010
Conformance required.
17.40.020
Plan review and approval.
17.40.030
Improvement plans -Filing.
17.40.040
Inspection and approval.
17.40.050
Public improvements -
Submittal of plans.
17.40.060
Partitions.
17.40.070
Acceptance atter inspection.
17.40.010 Conformance required.
In addition to other requirements,
improvements to be installed by the applicant,
either as a requirement of this title or other
applicable regulations or at this own option,
shall conform to the requirements of this
chapter. (Ord. 81-043 § 1, Exhibit A, § 6.050
(part), 1981)
17.40.020 Plan review and approval.
Improvement work shall not be started until
plans therefor have been reviewed and
approved by the Hearings Body. To the
extent necessary for evaluation of a proposed
development, such improvement plans maybe
required before approval of the tentative plan.
(Ord. 90-003 § 1, Exhibit A, 1990; Ord. 81-043
§ 1, Exhibit A, § 6.050(1), 1981)
17.40.030 Improvement plans -Filing.
Improvements shall be designed, installed
and constructed as platted and approved, and
plans therefor shall be filed with the final plat
at the time of recordation or upon
completion. (Ord. 81-043 § 1, Exhibit A, §
6.050(2), 1981)
17.40.040 Inspection and approval.
Improvements shall be constructed under
the inspection and approval of the Director of
Public Works. The Director of Public Works
may accept certification of a registered
professional engineer consistent with Oregon
0148-0295
Revised Statutes 92.097. Expenses incurred
thereby shall be borne by the applicant. (Ord.
81-043 § 1, Exhibit A, § 6.050(3), 198 1)
17.40.050 Public improvements -
Submittal of plans.
A map showing public improvements shall
be filed with the Department of Public Works
upon completion of the improvements. (Ord.
81-043 § 1, Exhibit A, § 6.050(4), 1981)
17.40.060 Partitions.
The same improvements may be required to
be installed to serve each building site of a
partition as are required of a subdivision.
(Ord. 81-043 § 1, Exhibit A, § 6.055, 1981) '
17.40.070 Acceptance atter inspection.
Improvements shall be considered for
acceptance after inspection at the time the
improvements are constructed. (Ord. 81-043
§ 1, Exhibit A, § 6.060, 198 1)
Chapter 17.40 1 (10/95)
Chapter 17.44
PARK DEVELOPMENT
Sections:
17.44.010 Dedication of land.
17.44.020 Fee in lieu of dedication.
17.44.010 Dedication of land.
A. 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 eight
percent of the gross area of such development,
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 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.
C. The Planning Director or Hearings
Body shall determine whether or not such
land is 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.
D. This section shall not apply to the
subdivision or partition of lands located inside
the Bend Urban Growth Boundary or within
the boundaries of the Central Oregon Park
and Recreation District. (Ord. 95-010 §1,
1995; Ord. 93-054 § 1, 1993; Ord. 93-012 § 44,
1993; Ord. 90-003 § 1, Exhibit A, 1990; Ord.
81-043 § 1, Exhibit A, § 6.070, 198 1)
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.
B. This section shall not apply to
subdivision or partition of lands located inside
of the Bend Urban Growth Boundary or
within the boundaries of the Central Oregon
Park and Recreation District. (Ord. 95-010 §
2,1995; Ord. 93-054 § 2,1993; Ord. 93-012 §§
45 and 46, 1993; Ord. 81-043 § 1, Exhibit A,
§ 6.080, 1981)
Chapter 17.44 1 (10/95)
Chapter 17.48 1 (10/95)
Chapter 17.48
17.48.310 Insurance.
17.48.320 Indemnification.
DESIGN AND CONSTRUCTION
17.48.330 Construction -General
SPECIFICATIONS
specifications.
17.48.340 Construction -Testing.
Sections:
17.48.350 Construction -Inspection.
17.48.010
Minimum standards
17.48.360 Construction -Handling
established.
of explosives.
17.48.020
Implementation of
17.48.370 Construction -Cooperation
requirements.
with utilities.
17.48.030
Additional design
17.48.380 Construction -Temporary
requirements.
traffic control.
17.48.040
Approval of variations.
17.48.390 Construction -Clearing
17.48.050
Road design.
and grubbing.
17.48.060
Improvement plans.
17.48.400 Construction -Dust control.
17.48.070
Horizontal alignment.
17.48.410 Construction-Subgrade
17.48.080
Vertical alignment.
construction.
17.48.090
Intersections.
17.48.420 Construction -Surfacing
17.48.100
Minimum right of way width.
requirements.
17.48.110
Turn lanes.
17.48.430 Construction -Concrete curb.
17.48.120
Partial width roads.
17.48.440 Construction -Sidewalks.
17.48.130
Road names.
17.48.450 Construction -Slopes and
17.48.140
Bikeways.
backfill.
17.48.150
Structures.
17.48.460 Construction-Catchbasins.
17.48.160
Road development
17.48.470 Construction -Permanent
requirements -Standards.
traffic control.
17.48.170
Road development
17.48.480 Construction -Final
requirements -Partitions.
cleanup.
17.48.175
Road development
17.48.490 Road and street project.
requirements -Rural service
centers.
17.48.180
Private roads.
17.48.010 Minimum standards
17.48.190
Drainage.
established.
17.48.200
Surveying.
The standard specifications for design and
17.48.210
Access.
construction contained within this chapter are
17.48.220
Driveways.
the minimum standards governingconstruction
17.48.230
Utilities -Standards.
of roads and other improvements and
17.48.240
Utilities -Permit.
facilities. (Ord. 81-043 § 1, Exhibit A, § 8.010,
17.48.250
Utilities -Construction-
1981)
Performance standards.
17.48.260
Utilities -Construction-
17.48.020 Implementation of
Excavation.
requirements.
17.48.270
Utilities -Construction-
It is the duty of the Director of Public
Backfilling and restoring.
Works, or his authorized representative, to
17.48.280
Utilities -Construction-
implement the provisions and requirements of
Inspection.
these standards in such a way as to carry out
17.48.290
Fees.
their intent and purpose. (Ord. 81-043 § 1,
17.48.300
Bonds.
Exhibit A, § 8.015, 1981)
Chapter 17.48 1 (10/95)
17.48.030 Additional design
requirements.
The Director of Public Works may impose
additional design requirements as are
reasonably necessary to protect the interests of
the public. (Ord. 81-043 § 1, Exhibit A, §
8.020, 1981)
17.48.040 Approval of variations.
A. The Planning Director or Hearings
Body may approve proposed variations in the
improvement standards of up to 10 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
provided the Planning Director or Hearings
Body finds, after consultation with the County
Public Works Director, that:
1. There is no adverse impact to the public
in allowing the variations;
2. The variation promotes the intent and
purposes of the ordinances; and
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. (Ord. 93-012 §
47, 1993; Ord. 81-043 § 1, Exhibit A, § 8.700,
1981)
17.48.050 Road design.
The design of 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.
Base and pavement dimensions set forth in
Table A may be increased by the Director of
Public Works if necessitated by anticipated
traffic volumes. (Ord. 93-057 § 1, 1993; Ord.
93-012 § 48, 1993; Ord. 81-043 § 1, Exhibit A,
§ 8.110(1), 1981)
17.48.060 Improvement plans.
A. A complete set of certified mylar
improvement plans shall be approved by the
Director of Public Works prior to the start of
construction or the signing of the final plat.
The improvement plans shall become the
property of the county and will remain at the
Department of Public Works.
B. The improvement plans which shall be
24 by 36 inches shall include, but not be
limited to:
1. A plan view showing:
a. Centerline alignment showing points of
curve and point of tangent stationing on all
curves, necessary curve data and bearing of
tangents,
b. Dimensioning necessary to survey and
relocate the roadway,
c. Right of way lines as shown on the final
plat,
d. Existing easements and recording
references,
e. Type, location and size of all existing
and proposed drainage and irrigation
structures and utilities within the right of way,
f. Location and type of all existing and
proposed signs and barricades,
g. Vicinity map showing the complete
roadway network complete with names of
roads,
h. Toe and fills and top of cuts,
i. Scale,
j. North arrow, and
k. Stamp and signature of the registered
engineer;
2. A profile showing:
a. Centerline grades and vertical curves,
complete with point of intersection elevations
and stations and length of vertical curves,
b. Original ground at centerline and
extending 500 feet past the construction limits
and at ditch lines if a significant transverse
slope exists,
c. Curb profiles, where curbs are required,
d. Superelevation transition diagrams for
horizontal curves if curbs are not required,
e. Type, location and size of all existing
and proposed drainage and irrigation
Chapter 17.48 2 (10/95)
structures and utilities within the right of way,
and
f. Scale;
3. Typical roadway cross-section showing:
a. Width, depth and type of base,
b. Width, depth and type of paving,
c. Curbs, if required,
d. Side slopes,
e. Ditch section,
f. Crown slope, and
g. Utilities;
4. Structural and detail plans of all
structures, including, but not limited to,
bridges, drainage structures, irrigation
structures and sewer lines stamped by a
registered engineer;
5. A signature box with spaces provided
for county approval and for approval by all
affected utility companies and irrigation
districts;
6. The developer shall submit, with his
proposed improvement plans, an itemized
construction cost estimate. This estimate shall
include all related roadwork and affected
utility installation and/or related relocation;
7. Any other information required by the
Director of Public Works. (Ord. 81-043 § 1,
Exhibit A, § 8.110(11), 1981)
17.48.070 Horizontal alignment.
A. Horizontal curves and tangent distances
shall exceed the minimum standards in Table
A. (See Table A set out at the end of this
title.)
B. The centerline of road improvements
shall coincide with the centerline of the right
of way.
C. Superelevation shall be designed in
accordance with AASHTO specifications with
the maximum superelevation being six percent.
(Ord. 93-057 § 1, 1993; Ord. 81-043 § 1,
Exhibit A, § 8.110(6), 1981)
17.48.080 Vertical alignment.
A. Vertical curves shall be designed to be
consistent with and complimentary to the
horizontal curves. Vertical curves shall be
designed in accordance with AASHTO
0148--0 o
standards.
B. Maximum percent of grade shall be as
shown in Table A. (See Table A set out at
the 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
grade breaks over one percent. (Ord. 93-057
§ 1,1993; Ord. 93-012 § 48(A),1993; Ord. 81-
043 § 1, Exhibit A, § 8.110(7), 1981)
17.48.090 Intersections.
A. All intersections shall be planned for
through traffic on the street with the greatest
projected average daily traffic (ADT). The
side street shall be at right angles 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, 500 feet;
2. Collector, 300 feet;
3. Local, 100 feet;
4. Industrial park, 250 feet; and
5. Primary access, 250 feet.
To be measured between the intersecting
centerlines of the streets or driveways. (Ord.
93-012 § 48(AA), 1993; Ord. 81-043 § 1,
Exhibit A, § 8.110(8), 1981)
17.48.100 Minimum right of way width.
The minimum right of way width is 60 feet
unless specified otherwise in Table A. (See
Table A set out at the end of this title.) (Ord.
93-057 § 1, 1993; Ord. 81-043 § 1, Exhibit A,
§ 8.110(9), 1981)
17.48.110 Turn lanes.
When a turn lane is required, it shall be a
minimum of 14 feet in width. Additional right
of way may be required. (Ord. 81-043 § 1,
Exhibit A, § 8.110(5), 1981)
Chapter 17.48 3 (10/95)
17.48.120 Partial width roads.
Partial width roads or half streets shall not
be allowed. (Ord. 81-043 § 1, Exhibit A, §
8.110(5), 1981)
17.48.130 Road names.
All roads shall be named in conformance
with the provisions of the Deschutes County
uniform road naming system set forth in
Deschutes County Code Title 16. (Ord. 90-
003 § 1, Exhibit A, 1990; Ord. 81-043 § 1,
Exhibit A, § 8.110(2), 1981)
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.
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
0148-0300
daily trips (BADTs). On rural arterials and
collectors without curbs, the bike lane shall be
a minimum of four 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 four 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 to 50 BADTs.
2. Shoulder bikeways shall be at least four
feet wide, except that on curbed roadways
having 20 to 50 BADTs, the bike lane shall be
at least five 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 two and one-half
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).
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 two -foot minimum tread width and a six-foot
minimum clearing width centered over the
trail, and a minimum overhead clearance of
seven feet. Trails used solely for recreational
use may be narrower with less clearing of
vegetation. (Ord. 93-012 § 49, 1993; Ord. 88-
015 § 4, 1988; Ord. 81-043 § 1, Exhibit A, §
8.110(3), 1981)
17.48.150 Structures.
All structures that carry a road or cross over
a road shall be designed to have a 50 -year life
span. All designs must be approved by the
Director of Public Works and other affected
public or private agencies. (Ord. 81-043 § 1,
Exhibit A, § 8.110(10), 1981)
Chapter 17.48 4 (10/95)
17.48.160 Road development
requirements -Standards.
A. Subdivision Standards. All roads in new
subdivisions shall 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 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 improvement
standards designated in this title for the
applicable road classification.
C. Primary Access Roads. 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.
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 600 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
018-030-1
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. (Ord. 93-057 § 1,
1993; Ord. 93-012 § 50, 1993; Ord. 81-043 § 1,
Exhibit A, § 8.120(1)-(6), 1981)
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 parcel size of 10 acres or larger,
the minimum road improvement standard
shall be 20 feet wide with five inches of
aggregate surfacing (cinders are acceptable),
the centerline of which coincides with the
centerline of the right of way;
B. For a parcel size of less than 10 acres,
the road standards used shall be the same as
for a subdivision. (Ord. 93-012 § 51, 1993;
Ord. 81-043 § 1, Exhibit A, § 8.120(7), 1981)
17.48.175 Road development
requirements -Rural service
centers.
A. Standards.
1. In the areas zoned Rural Service Center
in La Pine, 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.
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
Chapter 17.48 5 (10/95)
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. (Ord. 93-057 § 1, 1993; Ord. 93-
012 § 52, 1993)
17.48.180 Private roads.
The following minimum road standards shall
apply for private roads:
A. The minimum paved roadway width
shall be 24 feet in planned unit developments
and cluster developments containing 20 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 28 feet, including four -foot wide
bike lanes, and two -foot wide gravel shoulders;
B. Minimum radius of curvature, 50 feet;
C. Maximum grade, 12 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
four 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. (Ord. 93-
012 § 53, 1993; Ord. 81-043 § 1, Exhibit A, §
8.130, 1981)
17.48.190 Drainage.
A. Minimum Requirements. Drainage
facilities shall be designed and constructed to
receive and transport at least a 50 -year storm
frequency of all surface drainage water coming
to and passing through the development. The
®x 48-030
system shall be designed for maximum
allowable development.
B. Curbed Sections.
1. Storm drains within curbed streets shall
have a minimum diameter of 18 inches and
shall meet the current Standard Specifications
for Public Works Construction - APWA
Oregon Chapter.
2. Catchbasins shall be constructed in
accordance with Drawing Nos. D -4A, D -4B(1)
and D -4B(2). (See Drawings D -4A, D -4B(1)
and D -4B(2) set out at the end of this title.)
C. Noncurbed Sections. Road culverts
shall be concrete or metal with a minimum
design life of 50 years. All cross culverts shall
be 18 inches in diameter or larger. Culverts
shall be placed in natural drainage areas and
shall provide positive drainage.
D. Drainage Plans. A complete set of
drainage plans including hydraulic and
hydrologic calculations shall be incorporated
in all road improvement plans.
E. Drill Holes. Drill holes are prohibited.
(Ord. 81-043 § 1, Exhibit A, § 8.140, 1981)
17.48.200 Surveying.
A. Preliminary Procedures. All roads shall
be staked prior to construction by a registered
land surveyor on the horizontal and vertical
alignments shown on the improvement plans.
B. Cuts and Fills More Than One Foot.
Sections with a cut or fill of more than one
foot and any superelevated sections shall be
staked every 50 feet or less with:
1. A clearing lath; and
2. Offset stakes marked with the offset
distance and the cut or fill to the subgrade
shoulder, except that offset stakes may be the
same stakes as the clearing lath; and
3. Shoulder lath for the aggregate base.
C. Cut and Fills Less Than One Foot.
Sections with a cut or fill of less than one foot
shall be staked every 100 feet or less with:
1. Clearing lath; and
2. Offset stakes marked with the offset
distance and cut or fill to the subgrade
shoulder, except that offset stakes may be the
same stakes as the clearing lath; and
Chapter 17.48 6 (10/95)
3. Shoulder lath for the aggregate base,
except that shoulder lath shall not exceed 50
feet between lath in horizontal curves.
D. Curbs. Curb sections shall require
offset hubs every 25 feet with stakes marked
with the offset distance and the cut or fill to
the subgrade shoulder and the top of the curb.
E. Centerline Monuments.
1. Centerline monuments as shown on
Standard Drawing No. D-5 (see Drawing D-5
set out at the end of this title) or other
suitable monuments as approved by the
Director of Public Works, shall be installed at
all centerline intersections where they fall in
the paved section, point of curvatures and
point of tangencies of each curve and at all
centers of cul-de-sacs.
2. All metal caps shall be stamped to
identify the monument, i.e., P.I., P.C., P.T.,
Int, and carry the registration number of the
surveyor or engineer setting the monument.
(Ord. 81-043 § 1, Exhibit A, § 8.300, 1981)
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. 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 100 feet of an
intersection or the maximum distance
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. (Ord. 93-012 §
53(A), 1993; Ord. 81-043 § 1, Exhibit A, §
8.400(l)-(4),1981)
17.48.220 Driveways.
A. Access Width. The following are the
maximum width of driveways:
Type Width (in feet)
Residential 14
Agricultural 20
Commercial/
Industrial 35
B. Culverts. Where culverts are required
for driveways, the minimum pipe size shall be
12 inches.
C. Drainage. Driveways shall be
constructed in such a manner that water,
aggregate or any other substance that is
hazardous to the traveling public will not
enter on roadway.
D. Construction. Construction of the
driveway shall be in accordance with the
Oregon Chapter of American Public Works
Associations (APWA) Standard Specifications
and Drawing No. D-3. (See Drawing D-3 set
out at the end of this title.) (Ord. 81-043 § 1,
Exhibit A, § 8.400(5)-(8), 1981)
17.48.230 Utilities -Standards.
A. Minimum Standards Established. In
accordance with the provisions of Oregon
Revised Statutes chapters 374 and 758,
sections 17.48.240 through 17.48.280 of this
chapter set forth the minimum standards
governing the placing, relocation, building,
maintenance and construction of all facilities
and appurtenances, upon public rights of way.
B. All utilities governed by sections
17.48.240 through 17.48.280 of this chapter
shall be underground unless overhead utilities
are permitted as a result of a land use action.
(Ord. 81-043 § 1, Exhibit A, § 8.500(l), 1981)
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
Chapter 17.48 7 (10/95)
applicant shall deliver to the Department of
Public Works the following:
1. A completed permit on the Deschutes
County Department of Public Works standard
form containing the following:
a. Applicant's name, address and
telephone number;
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.
B. One set of the documents described in
subsection (A) of this section shall be signed
by the Director of Public Works and returned
to the applicant together with any necessary
supplemental instructions. The approved
documents and supplemental instructions shall
become a part of the permit and be binding
on the applicant.
C. In granting any permit, the Director of
Public Works may attach such other
conditions thereto as may be reasonably
necessary to prevent damage to public or
private property or to prevent the operation
from being conducted in a manner hazardous
to life or property or in a manner likely to
create a nuisance. Such conditions may
include but shall not be limited to:
1. Limitations on the period of the year in
which the work may be performed;
2. Restrictions as to the size and type of
equipment;
Oi48-®3t;4��
3. Designation of routes upon which
material may be transported;
4. The place and manner of disposal of
excavated material;
5. Requirements as to the control of dust,
the cleaning of streets, the prevention of noise
and other results offensive or injurious to the
neighborhood, the general public or any
portion thereof; and
6. Regulations as to the use of roads in the
course of the work. (Ord. 93-012 § 53(AA),
1993; Ord. 81-043 § 1, Exhibit A, § 8.500(2),
1981)
17.48.250 Utilities -Construction -
Performance standards.
A. The work to be performed under this
permit shall be carried out in accordance with
the current Standard Specifications and
Drawings for Public Works Construction by
the Oregon Chapter of the American Public
Works Association (APWA).
B. Work authorized by a permit shall be
performed between the hours of eight a.m.
and four p.m., Monday through Friday.
C. Access to private driveways shall be
provided except during working hours when
construction operations prohibit provision of
such access.
D. Free access must be provided at all
times to fire hydrants.
E. Monuments of concrete, iron or other
lasting materials set out for the purpose of
locating or preserving the lines of any street
or property subdivision, or precise survey
reference point, or a permanent survey bench
mark within the county shall not be removed
or disturbed or caused to be removed or
disturbed unless permission to do so is first
obtained in writing from the County Surveyor.
Permission shall be granted only upon
condition that the applicant shall pay all
expenses incidental to the proper replacement
of the monument. (Ord. 81-043 § 1, Exhibit
A, § 8.500(3)(A), 1981)
Chapter 17.48 8 (10/95)
17.48.260 Utilities -Construction -
Excavation.
A. The minimum cover between the top of
a buried utility and road or ground surface
shall be 30 inches. Where practical,
underground utilities shall be jacked, pushed,
bored or washed under roads when crossing
same.
B. No opening or excavation in any road
shall extend beyond the centerline of the road
before being backfilled and the surface of the
road temporarily restored.
C. No more than 250 feet of trench,
measured longitudinally, shall be opened along
a road at one time.
D. Excavated materials shall be laid
compactly along the side of the trench and
kept trimmed so as to cause as little
inconvenience as possible to public travel.
E. All utility facilities shall be located
sufficiently ahead of trench excavation work to
avoid damage to those facilities and to permit
their relocation, if necessary. (Ord. 81-043 §
1, Exhibit A, § 8.500(3)(B), 1981)
17.48.270 Utilities -Construction -
Backfilling and restoring.
All backfilled material shall be compacted
to 95 percent of its relative maximum density
when within the roadway to 90 percent when
between the shoulder (or curb) and the right
of way line. Trenches shall be backfilled as
follows:
A. Unimproved Roads and Area Outside
Roadway. The trench shall be backfilled with
the excavated or other suitable materials and
the entire backfill shall be compacted in layers
of not to exceed six inches by use of a
mechanical tamper.
B. Aggregate Surfaces. The top 26 inches
(36 inches when the road is an arterial or
collector) shall consist of 18 inches (28 inches
when the road is an arterial or collector) of
granular material consisting of fill sand, pit
run gravel or crushed gravel. Six inches of
one and one-half inch to zero inch crushed
rock or gravel base and two inches of 3/4" - 0"
crushed rock or gravel. Each layer shall be
well -compacted before succeeding layers are
placed. '
C. Paved Surfaces. After backfilling with
crushed rock as required under subsection (B)
of this section, the edge of the trench shall be
painted with hot liquid asphalt and Class B
hot asphaltic concrete mix shall be placed two
inches, or the depth of existing pavement,
whichever is greater in compacted thickness,
and properly rolled and compacted to grade.
The patch shall be placed, finished and
maintained to the satisfaction of the Director
of Public Works. (Ord. 81-043 § 1, Exhibit A,
§ 8.500(3)(C),1981)
17.48.280 Utilities -Construction -
Inspection.
A. The Central Oregon Utility
Coordinating Council shall be notified at (503)
389-6676 (collect calls will be accepted) two
working days in advance of any excavation.
The Department of Public Works shall be
notified two working days in advance of the
time of backfilling.
B. All inspection costs shall be borne by
the applicant. Such costs shall be based on a
schedule of charges on file in the Department
of Public Works Building, 61150 S. E. 27th
Street, Bend, Oregon 97702, (503) 388-6581.
(Ord. 81-043 § 1, Exhibit A, § 8.500(3)(D),
1981)
17.48.290 Fees.
All plan review and field inspection costs
shall be bome by the applicant. Such costs
shall be based on a schedule of charges on file
in the Department of Public Works. (Ord. 81-
043 § 1, Exhibit A, § 8.610, 198 1)
17.48.300 Bonds.
A. Required. When, in the opinion of the
Director of Public Works, an existing public
way is endangered by an applicant, such
applicant shall be required to file an
agreement and security with the county.
B. Type of Security. The applicant shall
file with the agreement, to assure his full
performance thereof, one of the following:
Chapter 17.48 9 (10/95)
1. A surety bond executed by a surety
company authorized to transact business in the
state in a form approved by the county; or
2. Cash.
C. Amount Required. Such assurance of
full performance shall be for a sum approved
by the Director of Public Works as sufficient
to cover the cost of improvements and repairs,
including related engineering, inspection and
incidental expenses.
D. Default Status. If the applicant fails to
carry out provisions of the agreement and the
county has unreimbursed costs or expenses
resulting from such failure, the county shall
call on the bond or cash deposit for
reimbursement. If the amount of the bond
or cash deposit exceeds the cost and expense
incurred by the county, it shall release the
remainder. If the amount of the bond or cash
deposit is less then the cost and expense
incurred by the county, the applicant shall be
liable to the county for the difference.
E. Expiration. The bond shall not be
released by the county until one year from the
improvement completion date specified by the
applicant.
F. The bonds shall not be released by the
county until county inspectors have inspected
the improvements and approved then in
writing. (Ord. 81-043 § 1, Exhibit A, § 8.620,
1981)
17.48.310 Insurance.
The licensee shall procure and continue to
carry during the term of the license, public
liability and property damage insurance in a
responsible company, with limits of not less
than one million dollars combined single limit.
(Ord. 81-043 § 1, Exhibit A, § 8.640, 198 1)
17.48320 Indemnification.
The licensee shall be responsible and liable
for all injuries to other persons or property
resulting from any negligence or otherwise
tortious acts or omissions of the licensee, its
servants or agents. The licensee shall
indemnify the county and hold it harmless
against any and all claims, demands, lawsuits,
0148-C�C6
injuries, damages or costs, including litigation
costs, which the county may sustain by reason
of any such acts or omissions. (Ord. 81-043 §
1, Exhibit A, § 8.630, 1981)
17.48.330 Construction -General
specifications.
Unless otherwise detailed in this chapter, all
roadway excavation, fill construction, subgrade
preparation, aggregate base, surfacing, prime
coats and paving will be done in accordance
with the 1984 Edition of Oregon State
Highway Division's Standard Specifications for
Highway Construction, hereinafter referred to
as the general specifications. Whenever these
specifications refer to the state, they shall be
taken to mean the county, the appropriate
county address, and likewise, reference to the
commission or the engineer shall be taken to
mean the Board of County Commissioners or
the Director of Public Works. (88-017 § 1,
1988; Ord. 81-043 § 1, Exhibit A, § 8.200(2),
1981)
17.48.340 Construction -Testing.
All testing shall conform to methods
described in AASHTO Materials, Part II,
Tests, 1993 Edition, or the Oregon State
Highway Division Laboratory Manual of Test
Procedure, 1993 Edition. (Ord. 93-012 §
53(AAA), 1993; Ord. 81-043 § 1, Exhibit A, §
8.200(2), 1981)
17.48350 Construction -Inspection.
The Department of Public Works shall be
notified two working days in advance of the
time for subgrade inspection, two working
days in advance of the time for base
inspection and two working days in advance of
the time for paving inspection. Each stage of
construction must be inspected and approved
prior to the commencement of the next stage
of construction. The final inspection shall be
requested seven working days in advance.
(Ord. 81-043 § 1, Exhibit A, § 8.200(3),1981)
Chapter 17.48 10 (10/95)
17.48.360 Construction -Handling of
explosives.
In the handling of explosives, the contractor
must comply with federal, state and local laws,
and the county will in no way be responsible
for any noncompliance therewith or for
damages to property or injury to persons
resulting from accidental or premature
explosions. (Ord. 81-043 § 1, Exhibit A, §
8.200(4), 1981)
17.48370 Construction -Cooperation with
utilities.
The contractor shall, at least 24 hours in
advance of performing any work in the
immediate vicinity of utility lines, contact the
utilities to request the location and marking of
buried utility facilities. The county is covered
by the Central Oregon Utility Coordinating
Council, which has been set up on a one -call
system for notifying all owners of utilities of
work being performed in the vicinity of their
facilities. The one call system telephone
number is (503) 389-6676. (Ord. 81-043 § 1,
Exhibit A, § 8.200(5), 1981)
17.48380 Construction -Temporary
traffic control.
A. Temporary protective and directional
measures for traffic control shall be in
conformance with the Federal Highway
Administration's current Manual on Uniform
Traffic Control Devices.
B. The contractor shall be required to
allow one-way traffic through the project
during working hours. However, one-way
traffic operation will not be permitted until
such time as the contractor has labor,
equipment and materials on the project
necessary to proceed without delaying the
work. Once one-way traffic is established, the
contractor shall perform the construction work
in a continuous and efficient manner.
C. The contractor shall have a person on
the job during working hours and on-call at all
other times, who shall have the responsibility
to maintain all directional and warning devices
in proper position. The county will be
,IOU `
provided with the name and telephone
number of such person. (Ord. 81-043 § 1,
Exhibit A, § 8.200(6), 1981)
17.48.390 Construction -Clearing and
grubbing.
All work shall be performed in accordance
with section 201 of the General Specifications
supplemented and/or modified as follows:
The right of way shall be cleared of all fixed
objects. However, in developments where
traffic safety would not be involved, and a
lesser requirement would not create a
hazard, the right of way shall be cleared a
minimum of 40 feet or four feet beyond the
edge of the shoulder or curb line of the
finished road.
(Ord. 81-043 § 1, Exhibit A, § 8.200(7), 1981)
17.48.400 Construction -Dust control.
A. The work shall consist of the furnishing
and applying of water for the alleviation or
prevention of dust nuisance in accordance
with section 233 of the General Specifications.
B. Responsibility for dust abatement will
be the contractor's.
C. Watering will be done when ordered by
the Director of Public Works. The contractor
shall supply his own water source. (Ord. 81-
043 § 1, Exhibit A, § 8.200(8), 1981)
17.48.410 Construction-Subgrade
construction.
All work shall be performed in accordance
with section 203 of the General Specifications,
supplemented and/or modified as follows:
Excavated materials not required nor
suitable for filling and backfilling, within the
limits of the project, will be classed as
excess materials and shall become the
property of the contractor at the point of
excavation and shall be disposed of by him
at a location and in a manner satisfactory to
the Department of Public Works. In the
event rock is encountered in excavation, the
rock will be excavated to a depth not less
Chapter 17.48 11 (10/95)
than six inches below subgrade, and then
backfilled with suitable material.
Material shall be considered unsuitable for
fill, subgrade, shoulders and other uses if it
contains organic matter, soft spongy earth
or other material of such nature that
compaction to the specified density is
unobtainable.
No material having a maximum dimension
of three inches or more shall be considered
suitable for fill material in the top one foot
of subgrade, including the fill side slopes.
Compaction shall be a minimum of 95
percent of the relative maximum density.
(Ord. 81-043 § 1, Exhibit A, § 8.200(9), 1981)
17.48.420 Construction -Surfacing
requirements.
A. Aggregate Base.
1. Crushed aggregate meeting the
requirements of section 703.07 of the General
Specifications shall be used.
2. All work shall be performed in
accordance with section 304 of the General
Specifications.
3. In the case of a rural local road or a
primary access road, three inch minus cinder
aggregate from a source approved by the
Director of Public Works is allowable.
B. Asphalt Prime Coat. For all roadway
sections using an asphalt penetration
macadam, an asphalt prime coat will be
applied to the aggregate base in accordance
with section 408 of the General Specifications.
The oil will be CRS -2 as specified in section
702 of the General Specifications. The
application rate of the oil shall be 0.60 gallons
per square yard. Aggregate shall be applied
over the prime coat and shall be three-fourths
inch to one-half inch as specified in section
703.12 of the General Specifications; and shall
be applied approximately at the rate of 0.01
cubic yards per square yard.
C. Asphalt Penetration Macadam. When
an oil mat is placed, it shall be applied in
018- 0 J
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 B. (See Appendix B set
out at the end of this title.)
D. Asphaltic Concrete Pavement. Where
asphaltic concrete pavement is required, it
shall be placed in accordance with section 403
of the General Specifications. The asphalt
cement shall be AR -2000. The class of
asphaltic concrete shall be Class B. A mix
design shall be submitted at least one week
prior to paving.
E. Tack Coat. When a tack coat is
required by the Director of Public Works, the
tack coat shall be applied in conformance with
section 407 of the General Specifications.
F. Portland Cement Concrete Pavement.
When portland cement concrete pavement is
used, it shall be designed and constructed in
accordance with the publications of the
Portland Cement Association. (Ord. 93-012 §
53(B), 1993; Ord. 81-043 § 1, Exhibit A, §
8.200(10)-(15),1981)
17.48.430 Construction -Concrete curb.
Where required, portland cement concrete
curbs shall be constructed in accordance with
Drawing No. D-3 (See Drawing D-3 set out at
the end of this title) and section 609 of the
General Specifications. The concrete shall be
class 3300 as specified in section 504 of the
General Specifications. (Ord. 81-043 § 1,
Exhibit A, § 8.200(16), 1981)
17.48.440 Construction -Sidewalks.
Sidewalks shall be constructed with Class
3300 concrete as specified in section 504 of
the General Specifications. The concrete shall
be in accordance with Drawing No. D-3. (See
Drawing D-3 set out at the end of this title.)
Sidewalks shall not be less than five feet wide.
(Ord. 81-043 § 1, Exhibit A, § 8.200(17),
1981)
17.48.450 Construction -Slopes and
backfill.
Curb and sidewalk backfill material shall be
Chapter 17.48 12 (10/95)
good quality topsoil. The material shall be
spread accurately and smoothly within the
public right of way. Topsoil shall be suitable
silty sand from an approved source, containing
no rock or gravel larger than three-fourths
inch and at least 70 percent of material
passing a No. 4 U.S. Standard sieve size. It
shall be free of roots, sticks, seeds and other
noxious vegetation. (Ord. 81-043 § 1, Exhibit
A, § 8.200(18), 1981)
17.48.460 Construction-Catchbasins.
Catchbasins shall be constructed of class
3300 portland cement concrete and in
accordance with Drawing No. D -4A. (See
Drawing D -4A set out at the end of this title.)
(Ord. 81-043 § 1, Exhibit A, § 8.200(19),
1981)
17.48.470 Construction -Permanent
traffic control.
Signs shall comply with Appendix B. (See
Appendix B set out at the end of this title.)
Signing at intersections shall be procured and
installed at the expense of the developer. All
traffic control devices required by the Director
of Public Works shall be procured and
installed by the developer. (Ord. 81-043 § 1,
Exhibit A, § 8.200(20), 1981)
17.48.480 Construction -Final cleanup.
A. Final cleanup shall consist of pulling the
shoulders and dressing of the earthwork side
slopes.
B. Any material pulled onto the pavement
is to be broomed off. The roadway side
slopes are to be raked to remove all
equipment tracks and berms. (Ord. 81-043 §
1, Exhibit A, § 8.200(21), 198 1)
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 II road and street project. No land use
permit shall be required for a Class III road
and street project. The road project shall be
reviewed against the applicable comprehensive
plan Transportation Plan element and the
following standards:
1. Compatibility with existing land use and
social patterns, including noise generation,
safety hazards (e.g. children in a residential
area), and zoning.
2. Environmental impacts, including
hazards imposed to and by wildlife (e.g.
migration or water use patterns).
3. Retention of scenic quality, including
tree preservation.
4. Means to improve the safety and
function of the facility, including surrounding
zoning, access control and terrain
modifications.
5. 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.
6. Consideration of the potential
developmental impact created by the facility.
7. Cost-effectiveness.
C. Bicycle Lanes. Bicycle lanes 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.
D. Sidewalks. Sidewalks shall be required
in conjunction with a road and street project
in accordance with section 12.35.100,
Developed Area Sidewalks, of the Deschutes
County Code. (Ord. 93-012 § 54, 1993; Ord.
88-015 § 5, 1988)
Chapter 17.48 13 (10/95)
O14s-G0-LO
Chapter 17.52
STREET DEDICATIONS
(Repealed by Ord. 95-021 § 1, 1995)
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. (Ord. 95-021 § 2, 1995)
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
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 Oregon
Revised Statutes 203.030 to 203.075.
B. The procedures set forth in this chapter
014 S- G 1
are adopted in accordance with Oregon
Revised Statutes 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
368.016. (Ord. 95-021 § 2, 1995)
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. (Ord. 95-021 § 2,
1995)
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
refer the application to the Hearings Body for
a public hearing.
C. The Planning Director's choice between
or among administrative or hearing
Chapter 17.52 1 (10/95)
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
17.52.050. (Ord. 95-021 § 2, 1995)
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 Deschutes
County Code, are permitted outright shall
address the criteria in section 18.116.230 of
the Deschutes 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 Deschutes
County Code, or public road or highway
projects defined by Oregon Revised Statutes
215.283(2)(p) through (r) and 215.283(3), are
permitted as conditional uses shall address the
criteria in sections 18.116.230 and 18.128.015
of the Deschutes County Code. Such
applications shall also address any applicable
criteria in the zone in which the road
dedication is proposed. (Ord. 95-065 § 1,
1995; Ord. 95-021 § 2, 1995)
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. (Ord. 95-021 § 2, 1995)
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. (Ord. 95-021 § 2, 1995)
17.52.080 Appeals.
Following an administrative decision of the
Planning Director or a decision of the
Hearings Body, a parry may file an appeal
according to procedures established in
Chapter 22.32 of the Deschutes County Code.
(Ord. 95-021 § 2, 1995)
1752.090 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 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.
(Ord. 95-021 § 2, 1995)
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 368.001(3), which shall not
Chapter 17.52 2 (10/95)
014S-G
be maintained by the county unless and until
that road right of way is established as a
county road, as defined by Oregon Revised
Statutes 368.001(1), by order or resolution of
the county governing body as authorized by
Oregon Revised Statutes 368.016(2)(c). (Ord.
95-021 § 2, 1995)
Chapter 17.52 3 (10/95)
Chapter 17.56 17.56.040 (Repealed by Ord. 93-012 § 59,
1993; Ord. 86-030 § 2, 1986; Ord. 81-043 § 1,
VARIANCES Exhibit A, § 9.040, 1981)
Sections:
17.56.010
Application.
17.56.020
Hearings officer -Authority.
17.56.030
Procedure.
17.56.040
REPEALED.
17.56.010 Application.
The Planning Director or Hearings 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. (Ord. 93-012 §
55, 1993; Ord. 81-043 § 1, Exhibit A, § 9.010,
1981)
17.56.020 Variance criteria.
A variance may be granted unqualifiedly or
may be granted subject to prescribed
conditions, provided that the Planning
Director or Hearings Body 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. (Ord. 93-012 § 56,
1993; Ord. 81-043 § 1, Exhibit A, § 9.020,
1981)
17.56.030 Procedure.
The variance application shall be processed
according to Title 22 of the Deschutes County
Code. (Ord. 95-065 § 1, 1995; Ord. 93-012 §
57 and 58, 1993; Ord. 86-030 § 2, 1986; Ord.
81-043 § 1, Exhibit A, § 9.030, 1981)
Chapter 17.56 1 (10/95)
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l
APPENDIX A
-PERMIT-
DESCHUTES COUNTY 01 8o'i "I
PUBLIC WORKS DEPARTMENT
61150 S.E. 27th St. Bend, Oregon 97702
PERMIT TO PERFORM WORK IN A PUBLIC RIGHT-OF-WAY
(Please type or print all information)
a) APPLICANT (Telephone)
(Name)
(City) (State)
(Address)
b) CONTRACTOR
(Name)
(Address)
c) LOCATION OF PROJECT:
Township---------
Road
ownship Road Name
Nearest Intersecting Road
d) TYPE OF FACILITY:
e) PROPOSED STARTING DATE:
Anticipated Completion Date
Range
ty)
, Section
7-1r., I.
tate)
The following must accompany this permit application: -
1. Two (2) sets of construction plans showing pertinent construction details;
2. A plan for traffic control; and
3. A bond or cash deposit with improvement agreement in a.form approved by the
Director of Public Works.
PROVISIONS:
k erformed under this permit shall be in accordance with Article 8,
All war p
Partiion
Ordinance No. __• supplemental Deschutes County
1OnstructionstatandtaOcliednherewith.
of 1982, and in accordance with any PPlemental
This permit is issued by the Director of Public Works subject to the terms and
provisions contained herein and attached. This permit is accepted and approved
by applicant subject to said terms and provisions.
APPLICATION SUBMITTED BY:
(Name - Please Print)
(Title)
SIGNATURE DATE
PERMIT APPROVED BY:
(Title)
EFFECTIVE DATE:
Page 2 of 2
11 f s-r,'j� A .§,
P1
51
I
APPENDIX B
SIGN STANDARDS
0C
1. GENERAL
and shall
All signs shall be manufactured from 0.080 incb
h thick luminumve ts(12k)apressure
be -mounted onto four inch (4 ) by four inch (4") Y
treated wooden posts of Standard lumber grade or better. Every sign shall be
mounted, at approximately a gt unlessle to the mirrordirection reflectionfreducesacin
leggibility,
traffic it is intended to serve, from the road. Sign
in which case the sign shall be turned slightly away
posts shall be located not less than six feet (61) nor more than twelve feetg
shall nominally ht
(121) from the edge of the road. The top of the post b
feet (81) above the elevation of the near
aledge
ofbe e3M Enginroad
eer Grade"sorll
_ be painted white. All ref
approved equal.
at the
nse
the
Signing for subdivisions shall bmanufacture, sell, orprocured and dinstall any signs, until
developer. The County will not
roads are accepted into the County Maintained System.
2. ROAD NAME SIGNS
Road name signs for Public Roads shall have a reflectorized green background
Road
and reflectorized white letters. These signs shall be six inches (6") g
of sufficient length to allow the necessary letters to mshalldnotdbeolessow
for a one and a half inch (1 1/211) margin at each end, but
eighteen inches (18"), and the corners shall be rounded to a one half inch
(4") high
(1/2")
radius. Lettering shall be four inches . The signs shall not
r the road type pre -
have contrasting borders. Nil,
abbreviations
facceptable but shall not
fixes and suffixes (e.g. lebthrough the use
be used for the road names. Road �name
metal brackets,bontouthedtop of the sign
of four inch (41') by four inch (4")
827F 4
posts. Brackets shall be„leastooneBroadenamets rsjTraffic Safety
sign shall beprovidedlat
Company or an approved equal. At
each intersection for each road.
3, "STOP SIGNS"
zed
Stop signs shall have reflectorbeeoctadonalkin shape -grounds Stoplsigns lshall hbee
letters and borders, and shall g and a maximum
mounted so that the bottom edge is a minimum of five feet
f(the road or curb.
of seven feet (71) above the elevation of the near edge at
stop sign mounted next to a walkanyinteor rsectionikeway soflt oeoromoredroadsl,eonexorum
height. Stop signs, located at inches (30") by thirty inches
more of which is an arterial, shall bbordertwhich extends to the edge of the
(30") and shall have a one inch (1") twenty four inches (24") by twenty four
sign. All other shalltosigns have shall
threeequarter inch (3/4") border which extends
inches (24") and
to the edge of the sign.
4. "END COUNTY ROAD MAINTENANCE" SIGNS
A sign having a legend of "END COUNTY ROAD MAINTENANCE",formed by black letters
on a white background, and conforming to the standard drawing, herewith shall
be erected on all roads, or at all access points to subdivisions, that are not
Appendix B - Page Two
8-C'v
to be maintained by the County. The signs shall not be mounted on the same
post on which a stop sign is mounted.
S. STRIPING
A cash deposit shall be assigned to the County for the costs of striping, of
an amount approved by the County Engineer.
6. ADDITIONAL TRAFFIC Cnwmr. nFvrrrc
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).
-o
APPENDIX C
IMPROVEMENT AGREEMENT
THIS AGREEMENT, relating to the installation of required improvements
to existing public,right-of-ways to be constructed in
Subdivision, Plat No. hereinafter
referred to as "Subdivision," made and entered into this day
of , 19 , by and between DESCHUTES COUNTY, OREGON,
a political subdivision of the State of Oregon, hereinafter referred to as
"County", and hereinafter referred
to as "Developer", witnesseth:
WHEREAS, Developer is the subdivider of Subdivision; and
WHEREAS, the improvements to existing Public right-of-ways for sub-
division have not been completed; and
WHEREAS, Article 8, Ordinance No. , Deschutes County Subdivision
and Partitioning Ordinance of 1982, provides that Developer shall enter into
an agreement with the County for the completion of the required improvements
to existing Public right-of-ways and provide a good and sufficient bond to
provide for the completion of the required improvements; now, therefore,
IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES above mentioned, for
and in consideration of the mutual promises hereinafter stated, as follows:
1. That Developer shall complete all improvements in Subdivision
as required by the tentative approval of the subdivision plat, and required'by
Deschutes County Ordinance No. , Deschutes County Subdivision and Par-
titioning Ordinance of 1982, and any other Deschutes County Ordinance applicable
to the tentative approval of the subdivision plat, on or before
, 19
2. If the improvements required in accordance with Section 1 above
are not completed by the date for completion shown in Section 1 above, County
may contract to have the required improvements completed and recover from
Developer the full cost and expense of completing said required improvements,
together with court costs and attorney's fees necessary to collect said amounts.
3. Subdivider shall pay to County the actual costs incurred in the
inspection of the completed improvements.
4. That a bond, a copy of which is marked Exhibit A, or Cash, a receipt
for which is marked Exhibit A, attached hereto and by this reference incorporated
herein, shall be the security required in accordance with Article 8 of Deschutes
County Ordinance No. , Deschutes County Subdivision and Partitioning
Ordinance of 1982, and is on file with the Director of Public Works of County.
S. County may call upon Developer's bond upon default of this Agree-
ment for any and all costs and expenses incurred by County in the completion
of the required improvements of Subdivision. If the amount of the bond exceeds
costs and expenses incurred by the County, County shall release the remainder,
if any, to Developer, subject to Section 7, below. If the amount of the bond is
less than the costs and expenses incurred by the County, Developer shall be liable
to County for the difference.
C
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-- #2
.� 6. The bond shall be released by County one year after the completion
and inspection of the improvements required to be Constructed by Developer in
Subdivision.
7. This Agreement shall be"signed in triplicate and a copy filed
by Developer with the maker of the bond.
1-
8. In the event an action or suit or proceeding, including appeal
I therefrom, is brought for failure to observe.any of the terms of this Agreement,
County shall be entitled to recover in addition to other sums or performances
due under this Agreement, reasonable attorney's fees as the court may adjudge
I in said action, suit, proceeding, or appeal. .
DATED this day of 19
1 DEVELOPER DESCHUTES COUNTY, OREGON
J
I By:
NEIL K. HUDSON,Director of."Public
Works, on behalf of the County
I By:
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Page 2 of 2
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APPENDIX D: ASPHALT PENETRATION MACADAM
TYPE
0-9
Ota"
APPROX. THICK.
7/ 8"
1-1/4
-
SIZE
RATES
PER
QUAN.
PER
MILEI
SIZE
RATES
PER
Q UAN.
PER
MILE
1,
N
ASPHALT*
3o
17.60
RC -800
.35
20.53
AR2000
AR1000
C
RS -2
MC -70
MC -250
MC -800
MC -3000
AGGREGATE
3/,- I/2"
.016
225
11/4"-3/4"
.025
352
Ll
z
CV
ASPHALT
.25
14.67
.375
22.09
AGGREGATE
I/ 2'- 1/4"
1/4'- "10
.006
.003
11 3
42
3/41-1/2"
1/2t 1/4"
.011
.003
155
42
IQ
245
241
NORMAL
cr
(n1/2
a
M
ASPHALT
PPLIC. TEMP.
320
285
105
.375
22.00
AGGREGATE
213
255
GALS/TON
- 1/4
1/4"-'l0
.00T
.003
99-
42
EMULS.ASPH.
.30
17.60
_.. _.
.30:-
17.60
AGGREGATE
1/4' -*10
.006
65
1/4"-"'10
.006
85
U)
TOTAL ASPHALT
TOTAL EMULS. ASPH.
3/4'- I/2"
.016
225
11/4"- 3/4
v4"- 1/2"
.025
.OII
352
155
AGGREGATE
1/2'= 1/4"
.008
113
1/2"- I/4"
.010
141
(/4"- *10
.009
127
1/4"- X10
.009
127
TOTAL AGGREGATE
BASIC DATA
ULSIFIE
*
ASPHALT
-
CUTBACK ASPHALT
ASPHALT
TYPE OF
RS- I
RC -70
RC -25.0
RC -800
C-3000
ASPHALT
AR2000
AR1000
C
RS -2
MC -70
MC -250
MC -800
MC -3000
SC -70
SC -250
SC -800
SC -3000
GALS/ TON
AT WE
233
238
241
241
253
249
245
241
NORMAL
PPLIC. TEMP.
320
285
105
135
140
185
213
255
GALS/TON
AT NORMAL
258
259
244
246
261
260
259
258
PPUC. TEMP.
1
APPENDIX E
APPLICATION AND PERMIT No.
ACCESS, DRIVEWAY AND CURB CUT (office use only)
DESCHUTES COUNTY 0Mile Post: Road Name: j (_�
Township ,Range ,Section SP/MP/MJP No.:
Distance from (and Name of) Nearest Intersect- Tax Lot No.:
ing Road
Type of Access: Residential Commercial/Industrial Farm
Width of Access 14 ft 3S ft. 20 ft
Size of Culvert Visibility
(office use only) (office use only)
Include sketch showing location and type of access, driveway and curb cuts desired.
Include in sketch distance to driveways from lot boundaries; driveway widths and
curb cut widths. (Use back side of permit for sketch).
Applicant hereby applies to the Department of Public Works for access rights and
permission to construct driveways and curb cuts at the locations shown in this
permit. All work shall be in conformance with Article 8, Deschutes County Ordinance
No. - Deschutes County Subdivision and Partition Ordinance of 1982.
Name and address of Applicant:
(Print)
(Telephone)
Applicant's Signature Date -
This permit is issued for the construction as set forth in this permit and access
to the Public Road at the points set fortli in this hermit is hereby granted.
Page 1 of 1
PERMIT APPROVED BY:
EFFECTIVE DATE:
Title
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