1997-19690-Ordinance No. 97-005 Recorded 6/5/1997d � REVIEWED
13� �
97-196960162--0066 LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County
Code Title 17, and Declaring an Emergency. *_, 3 :.• < Jn,
ORDINANCE NO. 97-005 `U `; ;
WHEREAS, The Board of County Commissioners has determined that to comply with Periodic
Review and OAR Chapter 660-22, amendments to the Deschutes County Comprehensive Plan are
required; and
WHEREAS, after notice and hearing as required by law, the Board of County Commissioners
has considered the recommendation of the Planning Commission; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ORDAINS as follows:
Section 1. ADOPTION OF AMENDMENTS TO CHAPTER 17.08 OF COUNTY CODE.
Chapter 17.08, of the County Code, "Definitions and interpretation of Language," is amended to add a
new subsection 17.08.235, "Drainage Swale," as shown in Exhibit "A," attached hereto and by this
reference incorporated herein, with new language set forth as underlined type and deleted language in
strikeout.
Section 2. ADOPTION OF AMENDMENTS To SECTION 17.36.060 OF COUNTY CODE. Section
17.36.060, of the County Code, "Minimum Right of Way and Roadway Widths," is amended to read as
shown in Exhibit `B," attached hereto and by this reference incorporated herein, with new language set
forth as underlined type and deleted language in strikeout.
Section 3. ADOPTION OF AMENDMENTS TO SECTION 17.36.100 OF COUNTY CODE.
Section 17..36.100, of the County Code, "Frontage Roads," is amended to read as shown in Exhibit "C,"
attached hereto and by this reference incorporated herein, with new language set forth as underlined type
and deleted language in strikeout.
Section 4. ADOPTION OF AMENDMENTS TO SECTION 17.48.050 OF COUNTY CODE.
Section 17.48.050, of the County Code, "Road Design," is amended to read as shown in Exhibit "D,"
attached hereto and by this reference incorporated herein, with new language set forth as underlined type
and deleted language in strikeout.
Section 5. ADOPTION OF AMENDMENTS TO SECTION 17.48.070 OF COUNTY CODE.
Section 17.48.070, of the County Code, "Horizontal Alignment," is amended to read as shown in Exhibit
"E," attached hereto and by this reference incorporated herein, with new language set forth as underlined
type and deleted language in strikeout.
Section 6. ADOPTION OF AMENDMENTS TO SECTION 17.48.080 OF COUNTY CODE.
Section 17.48.080, of the County Code, "Vertical Alignment," is amended to read as shown in Exhibit
"F," attached hereto and by this reference incorporated herein, with new language set forth as underlined
type and deleted language in strikeout.
PAGE I OF 2 - ORDINANCE No. 97-005 (6/4/1997)
0160-0007
Section 7. ADOPTION OF AMENDMENTS TO SECTION 17.48.100 OF COUNTY CODE.
Section 17.48.100, of the County Code, "Minimum Right of Way Width," is amended to read as shown
in Exhibit "G," attached hereto and by this reference incorporated herein, with new language set forth as
underlined type and deleted language in strikeout.
Section 8. ADOPTION OF AMENDMENTS TO SECTION 17.48.110 OF COUNTY CODE.
Section 17.48.110, of the County Code, "Turn Lanes," is amended to read as shown in Exhibit "H,"
attached hereto and by this reference incorporated herein, with new language set forth as underlined type
and deleted language in strikeout.
Section 9. ADOPTION OF AMENDMENTS TO SECTION 17.48.160 OF COUNTY CODE.
Section 17.48.160, of the County Code, "Road Development Requirements - Standards," is amended to
read as shown in Exhibit "I," attached hereto and by this reference incorporated herein, with new
language set forth as underlined type and deleted language in strikeout.
Section 10. ADOPTION OF AMENDMENTS TO SECTION 17.48.175 OF COUNTY CODE.
Section 17.48.175, of the County Code, "Road Development Requirements - Unincorporated
Communities," is amended to read as shown in Exhibit "J," attached hereto and by this reference
incorporated herein, with new language set forth as underlined type and deleted language in strikeout.
Section 11. ADOPTION OF AMENDMENTS TO SECTION 17.48.190 OF COUNTY CODE.
Section 17.48.190, of the County Code, "Drainage," is amended to read as shown in Exhibit "K,"
attached hereto and by this reference incorporated herein, with new language set forth as underlined type
and deleted language in strikeout.
Section 12. ADOPTION OF AMENDMENTS TO SECTION 17.48.190 OF COUNTY CODE.
Chapter 17 of the County Code is amended to add a new drawing labeled D-7 "Drainage Swale," as set
forth in Exhibit "L," attached hereto and by this reference incorporated herein.
Section 13. FINDINGS. Findings to support this ordinance are set forth in the findings supporting
Ordinance No. 97-001 and attached thereto as Exhibit "C" which findings are incorporated by reference
herein.
Section 14. CODIFICATION. Legal Counsel or the Code Book Review Committee shall have the
authority to format the provisions contained herein in a manner that will integrate them into County Code
consistent with the prescribed form and style for ordinance codification. Such codification shall include
the authority to make format changes, to make changes to numbering systems and to make such
numbering changes with interrelated code sections. In addition, as part of codification of these
ordinances, Legal Counsel or the Code Book Review Committee may insert appropriate legislative
history references. 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 15. CORRECTIONS. This ordinance may be corrected by order of the Board of County
Commissioners to cure editorial and clerical errors and to insert appropriate legislative history
references.
PAGE 2 OF 2 - ORDINANCE NO. 97-005 (6/4/1997)
0162=-0008
Section 16. REPEAL OF ORDINANCES AFFECTING EXISTING LIABILITIES. The repeal express or
implied, of any ordinance, ordinance provision, code section or any map or line on a map by this
ordinance shall not release or extinguish any duty, condition, penalty, forfeiture, or liability incurred
under such ordinance, unless a provision of this ordinance shall so expressly provide, and such ordinance
repealed shall be treated as still remaining in force for the purpose of sustaining any proper action or
prosecution for the enforcement of such duty, condition, penalty, forfeiture, or liability, for the purpose
of authorizing the prosecution, conviction and punishment of the person or persons who violated the
repealed ordinance.
Section 17. SEVERABILITY. The provision of this ordinance are severable. If any section,
sentence, clause or phrase of this ordinance or any exhibit or any exhibit thereto is found to be invalid by
a court of competent jurisdiction that decisions shall not affect the validity of the remaining portions of
this ordinance.
Section 18. EMERGENCY. This ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist, and the this ordinance takes effect on
this passage.
Dated this day of June, 1997.
ATTEST:
Recording Secretary
OF COUNTY COMMISSIONERS
COUNTY. OREGON
U
RO E T L NIPPER, Commissioner
x�
LINDA L. SWEARINGEN, C-6mmissioner
PAGE 3 OF 2 - ORDINANCE NO. 97-005 (6/4/1997)
a�s��aua�
EXHIBIT A
to Ordinance 97-005
17.08.235. Drainage Swale.
A drainage swale is a depression constructed
parallel to the right of way between the roadway
and the sidewalk for containing storm runoff
from streets.
I - EXHIBIT "A" TO ORDINANCE 97-005
0162-0010
EXHIBIT B
to Ordinance 97-005
17.36.060. Minimum Right of Way and
Roadway Widths.
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. Where Chapter 17.48 refers to
street standards found in a zoning ordinance, the
standards in the zoning ordinance shall prevail.
I - EXHIBIT "A" TO ORDINANCE 97-005
0162-0011
EXHIBIT C
to Ordinance 97-005
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 nonaccess reservation along rear or
side property line or other treatment necessary for
adequate protection of residential properties and
to afford separation of through and local traffic.
All frontage roads shall comply with the
applicable standards of Table A of this title,
unless specifications included in a particular zone
provide other standards applicable to frontage
roads.
1 - EXHIBIT "B" TO ORDINANCE 97-005
0162-0012
EXHIBIT D
to Ordinance 97-005
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 tgLin
the design standards set forth for a particular zone in
a zoning ordinance) and shall otherwise conform
with AASHTO standards. Base and pavement
dimensions set forth in Table A (or in specifications
set forth for a particular zone) may be increased by
the Director of Public Works if necessitated by
anticipated traffic volumes.
1 - EXHIBIT "C" TO ORDINANCE 97-005
0162-0013
EXHIBIT E
to Ordinance 97-005
17.48.070. Horizontal Alignment.
A. Horizontal curves and tangents distances
shall e*GLqAd thp Minimum Stafldafds in Table A.
shall meet AASHTO minimum standards for all
streets except principal arterials, which shall
conform to ODOT standards. JSee Table n se
eut at the end of this
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.
1 - EXHIBIT "D" TO ORDINANCE 97-005
0162-0014
EXHIBIT F
to Ordinance 97-005
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 standards, or for principal
arterials, to ODOT standards
B. Maximum percent of grade shall be as
shown in Table A (or in richt of way specifications,
if any, set forth for a particular zone in a zoning
ordinance.) (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.
1 - EXHIBIT "E" TO ORDINANCE 97-005
0162-CO15
EXHIBIT G
to Ordinance 97-005
17.48.100. Minimum Right of Way Width.
The minimum right of way width is 60 feet
unless specified otherwise in Table A or in an
right-of-way specifications set forth for a particular
zone in a zoning ordinance.) (See Table A set out at
the end of this title.)
1 - EXHIBIT "F" TO ORDINANCE 97-005
01c2_6016
[x%2_6016
EXHIBIT H
to Ordinance 97-005
17.48.110. Turn Lanes.
When a turn lane is required, it shall be a
minimum of 14 feet in width, except where road
specifications in a zoning ordinance provide for
travel lanes of lesser width.
1 - EXHIBIT "G" TO ORDINANCE 97-005
EXHIBIT I
to Ordinance 97-005
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 except where a zoning ordinance
sets forth different standards for a particular zone.
C. Primary Access Roads. The primary
access road for any new subdivision shall be
improved to the applicable standard set forth in
Table A (or the applicable standard set forth in a
zoning ordinance). 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
1 - EXHIBIT "H" TO ORDINANCE 97-005
the bulb to the intersection with the main road.
The maximum grade on the bulb shall be four
percent.
G. Frontage Roads. Right of way widths
shall be 40 feet when immediately adjacent to a
main highway/arterial; 60 feet when the frontage
road is separated from the highway or arterial by
private land or as set forth for a particular zone in
the zoning ordinance. (Ord. 93-057 § 1, 1993;
Ord. 93-012 § 50, 1993; Ord. 81-043 § 1, Exhibit
A, § 8.120(1 }(6), 1981)
0152 -COQ.
EXHIBIT J
to Ordinance 97-005
17.48.175. Road development requirements -
Unincorporated communities.
A. Standards.
1. In the area zoned Urban Unincorporated
Community-Commercialor Rural Service Center
in La Pine-, and Tumalo andall 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 Urban Unincorporated
Community-Industrialor 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 designated residential
within Urban Unincorporated Communities
or zoned Rural
Service Residential (RSR -M and RSR -5), all
roads shall be improved with curbs and sidewalks
if the density of development is greater than 2.2
dwelling units per acre. If the density is 2.2
dwelling units per acre or less, the adjacent roads
shall be improved with curbs and to the width,
without sidewalks, specified for the applicable
urban classification in Table A of the title.
4. In the Terrebonne Rural Community, all
improvements to the public road rights-of-way
shall conform to the road development standards
contained in Section 18.66.070 of this code,
except for improvements to roads servicing lots
of greater than 10 acres created byapartition.
54. 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. 96-003 § 12, 1996; Ord. 93-057 § 1,
1993; Ord. 93-012 § 52, 1993)
1 - EXHIBIT "I" TO ORDINANCE 97-005
0162-0919
EXHIBIT K
to Ordinance 97-005
17.48.190. Drainage.
A. Minimum Requirements. Drainage
facilities shall be designed and constructed to
receive and/or transport at least a 50 -year storm
frequency of all surface drainage water coming to
and/or passing through the development or
roadway. The 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-413(1)
and D-413(2). (See Drawings D -4A, D-413(1) and
D-413(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 Swales. Where specified,
drainage Swales shall be constructed in
accordance with Drawing D-7. (See Drawing D-
7 set out at the end of this title.)
ED.Drainage Plans. A complete set of
drainage plans including hydraulic and
hydrologic calculations shall be incorporated in
all road improvement plans.
FE. Drill Holes. Drill holes are prohibited.
(Ord. 81-043 § 1, Exhibit A, § 8.140, 1981)
1 - EXHIBIT "J" TO ORDINANCE 97-005
0162-0020
Drawing D-7
Drainage Swale