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1998-45615-Ordinance No. 98-041 Recorded 8/31/1998
169 3 z REVIEWED tvvj 98-45615 LEGAL COIJNS'EL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES C GON An Ordinance Amending Title 17 and Creating *' w Title 17A to Implement the Intergovernmental C Agreement between the City of Bend and the County Regarding Planning Authority within the Bend Urban Area and Declaring an Emergency. r'n zl- co ORDINANCE NO. 98-041 :*7 eu WHEREAS, the Bend Urban Area General Plan covers all areas within the Bend Urban Area, including areas for which the City of Bend and Deschutes County have separately adopted similar, but not the same, land use regulations; and WHEREAS, the City of Bend and Deschutes County have through an intergovernmental agreement transferred planning authority within the Bend Urban Area to the City of Bend; and WHEREAS, in interest of efficiency and ease of administration, the intergovernmental agreement between City and County require that the County's land use ordinances within the Bend Urban Area order be amended to consistent with the City's land use ordinances insofar as is practicable; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. Deschutes County Code Section 17.04.020, Purpose, is amended to read as set forth in Exhibit "A," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in str-ikethFOUgh. Section 2. ADOPTION. Deschutes County Code Title 17A is hereby adopted to read as set forth in Exhibit `B," attached hereto and by this reference incorporated herein, except as modified under Section 3 herein. Notwithstanding any description or reference contained therein that Title 17A is applicable only to lands within the City of Bend, the provisions contained therein shall, consistent with Deschutes County Code Subsection 17.04.020(D), apply to all lands outside the city limits of the City of Bend and within the Bend Urban Growth Boundary, as that term is described in that certain intergovernmental agreement between the City of Bend and the County dated February 18, 1998. The document set forth in Exhibit `B" and adopted as Title 17A herein shall be codified as part of the County Code, retaining the section numbering as set forth in Exhibit `B." Section 3. AMENDMENTS TO EXHIBIT B. Exhibit `B," attached hereto is amended in the following particulars: A. References to the geographic area of the City of Bend in the City of Bend Subdivision Ordinance adopted herein shall, when referring to the geographic area to which the subdivision ordinance is applicable, be construed to mean that portion of the Bend Urban Area lying between the Urban Growth Boundary and the city limits of the City of Bend. KEY�J MICROF�IL --- ED r a ,. 1 Coto (i .1 J OCT 14 Ibio PAGE 1 OF 2 - ORDINANCE NO. 98-041 (8/26/98) T 169 m 01335 B. References to staff and/or institutional bodies as between the City and County shall be read to be consistent with the division of responsibilities set forth in that certain intergovernmental agreement entered into between the City of Bend and the County dated February 18, 1998. Section 4. APPLICABILTY TO PENDING APPLICATIONS. The standards adopted by this ordinance shall not be applicable to any applications accepted prior to the effective date of this ordinance. Section 5. 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 6. 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 26`h day of August, 1998. NANCY ATTEST: Recording Secretary PAGE 2 OF 2 - ORDINANCE NO. 98-041 (8/26/98) OF COUNTY COMMISSIONERS OF JTES CO, Y. OREGCIN ROBERT L NIPPER, Commission LINDA L. SWEARINGEN, Commissioner T f EXHIBIT "A" 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, 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 169 m 0336 accordance with Oregon Revised Statutes chapter 92 and the provisions of this title. C. The provisions of this 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. D. This title shall not apply to the lands lying outside the city limits of the City of Bend and within the Bend Urban Growth Boundary, as that term is defined in that certain intergovernmental agreement entered into between the City of Bend and the County dated February 18, 1998. The City of Bend Subdivision Ordinance, No. NS - 1349 as adopted by the Board of County Commissioners as Title 17A of this code, and as supplemented by such other supplementing and/or amending ordinances as might from time to time be adopted shall apply to those lands instead. (Ord. 98-041 § 1, 1998; 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, 198 1) PAGE 1 OF 1 - EXHIBIT "A" TO ORDINANCE 98-041 (8/26/98) 69 m 0337 . t : • CITY OF BEND SUBDIVISION ORDINANCE NO. NS -1349 Amended August 7, 1996 • 11 • 1� 10",1 CITY OF BEND SUBDIVISION ORDINANCE NO. NS -1349 ARTICLE I Section 1.005 Title Section 1.010 Purpose Section 1.020 Interpretation Section 1.030 Construction and Terminology Section 1.040 Definitions ARTICLE. II Section 2.010 Section 2.020 Section 2.030 Section 2.040 Section 2.050 Section 2.060 ARTICLE III Section 3.010 Section 3.015 Section 3.020 Section 3.025 Section 3.030 Section 3.035 Section 3.040 Section 3.045 Section 3.050 Section 3.055 Section 3.060 Section 3.065 ARTICLE IV GENERAL REQUIREMENTS, COMMITTEE Scope of Regulation Minimum Standards Sale Prohibited Delegation Subdivision Types Subdivision Committee 169 - 0338 Page 10-13.1.005 10-13.1.010 10-13.1.020 10-13.1.030 10-13.1.040 SUBDIVISION TYPES AND SUBDIVISION - APPLICATION PROCEDURE Preapplication Meeting Application Submission Scale of Tentative Plan Informational Requirements Master Development Plan Approval of a Master Development Plan Development Following Approval Tentative Plan as a Master Plan Zero Lot Line Subdivision Approval of Tentative Plan Required Findings for Approval Resubmission of Denied Tentative Plans FINAL. PLAT Section 4.005 Submission of the Final Plat Section 4.010 Submission of Final Plats for Phased Development Section 4.015 Form of Final Plat Section 4.020 Requirements of Survey and Plat of Subdivision Section 4.030 Information on Plat 10-13.2.010 10-13.2.020 10-13.2.030 10-13.2.040 10-13.2.050 10-13.2.060 10-13.3.010 10-13.3.015 10-13.3.020 10-13.3.025 10-13.3.030 10-13.3.035 10-13.3.040 10-13.3.045 10-13.3.050 10-13.3.055 10-13.3.060 10-1.3.3.065 10-13.4.005 10-13.4.010 10-13.4.015 10-13.4.020 10-13.4.030 ARTICLE V LAND PARTITIONING Section 5.010 I 169 -� 033 Section 4.035 Supplemental Information with Plat 10-13.4.035 Section 4.040 Technical Review of Plat 10-13.4.040 Section 4.045 Conditions of Plat Approval 10-13.4.045 Section 4.050 Improvement Agreement 10-13.4.050 Section 4.05.5 Bond or Cash Deposit 10-13.4.055 Section 4.060 Final Plat Approval 10-13.4.060 Section 4.065 Filing of Plat 10-13.4.065 Section 4.070 Errors in the Final Plat 10-13.4.070 ARTICLE V LAND PARTITIONING Section 5.010 Applicability of Regulations 10-13.5.010 Section 5.015 Filing Procedures and Requirements 10-13.5.015 10-13.6.015 Section 5.020 Requirements for Approval 10-13.5.020 10-13.6.020 Section 5.030 Improvement Requirements 10-13.5.030 Section 5.035 Application Review 10-13.5.035 Section 5.040 Appeal 10-13.5.040 Section 5.045 Final Map Filing 10-13.5.045 Section 5.050 Extensions 10-13.5.050 Section 5.055 Requirements 10-13.5.055 Section 5.060 Special Partitioning Regulations 10-13.5.060 ARTICLE VI DESIGN STANDARDS AND IMPROVEMENTS Section 6.010 Compliance Required 10-13.6.010 Section 6.015 Streets 10-13.6.015 Section 6.020 Blocks 10-13.6.020 Section 6.025 Lots: Size and Shape 10-13.6.025 Section 6.030 Lots, General Requirements 10-13.6.030 Section 6.035 General Provisions 10-13.6.035 Section 6.040 Grading of Building Sites 10-13.6.040 Section 6.045 Special Setbacks 10-13.6.045 Section 6.050 Improvement Procedures 10-13.6.050 Section 6.055 Improvements in Partitions 10-13.6.055 Section 6.060 Acceptance of Improvements 10-13.6.060 Section 6.065 Park Development, Public Park Dedication, Park Fund 10-13.6.065 ARTICLE VII CONDOMINIUM CONVERSION Section 7.010 Applicability of Regulations 10-13.7.010 Section 7.020 Procedure 10-1.3.7.020 Section 7.030 Division of Land 10-13.7.030 • 0 • • 0 169 0340 ARTICLE. VIII STREET DEDICATIONS Section 8.010 Application Section 8.020 Minimum Design Standards Section 8.030 Procedure ARTICLE IX ADMINISTRATIVE PROVISIONS Section 9.010 Form of Petitions, Applications & Appeals Section 9.020 Hearings Section 9.040 Variances ARTICLE X GENERAL PROVISIONS Section 10.010 Penalties Section 10.020 Violation Declared a Nuisance Section 10.030 Compliance with Oregon Real Estate Regulations Section 10.040 Civil Relief Section 10.050 Administration of Ordinance Section 10.060 Severability Section 10.070 Amendment Section 10.080 Corrections Section 10.090 Emergency Clause Section 10.095 Repealer APPENDIX 10-13.8.010 10-13.8.020 10-13.8.030 10-13.9.010 10-13.9.020 10-13.9.040 10-13.10.010 10-13.10.020 10-13.10.030 10-13.10.040 10-13.10.050 10-13.10.060 10-13.10.070 10-13.10.080 10-13.10.090 10-13.10.095 TABLE A City of Bend Minimum Street Right -of -Way and Basic Improvement Standards i Y " 10-13.1.005 BENI) CODE, 0 ORDINANCE NO. NS -1349 169 - 0341 10-13.1.010 ESTABLISHING REGULATIONS AND STANDARDS FOR THE SUBDIVISION AND PARTITIONING OF LAND, AND FOR THE PREPARATION OF SUBDIVISION PLANS AND PLAT AND FOR DEDICATIONS TO BE FILED, DECLARING AN EMERGENCY, AND REPEALIN(: ORDINANCE. NS -591 AND ALL AMENDMENTS THERETO. ARTICLE I Section 1.005 TITLE. This ordinance shall be known as the City of Bend Subdivision Ordinance and may be cited and plead. Section 1.010 PURPOSE. In accordance with the provisions of ORS Chapters 92 and 227, this ordinance sets forth the minimum standards governing the approval of land development, including subdivisions and partitionings, as necessary to carry out the Bend Area General 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 livable 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. Ensure equitable processing of subdivision plats and partitioning plans, and accomplish to the greatest extent possible the goals and objectives of the Bend Area General Plan. h. Provide for orderly and efficient urban development and coordinate development with public facility and service plans and capabilities. 7. To regulate the orientation of streets, lots, and parcels; the placement, height and bulk of buildings; and the placement and growth of vegetation within the City to ensure access to solar energy by reasonable regulating interests in property within the City as authorized under ORS 92.044, 227.190 and ORS 105.880 through 105.890, to promote and maximize the conservation of energy by preserving the - 169 03421 i 10-13.1.010 BENI) CODE 10-13.1.030 option to utilize solar energy and to implement the Bend Area General Plan policies relating, to solar energy. 8. 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. i No person may subdivide or partition land within the City of Bend except in accordance with ORS Chapter 92 -and the provisions of this ordinance. Section 1.010(7)(8) added by ORD. No. NS -1379 passed June 1, 1983, effective September 1, 1983. Section 1.020 IN'rERPRETATION. The provisions of this ordinance shall be construed to effect the purposes set forth in Section 1.010 of this ordinance. These provisions are declared to be the minimum requirement~ fulfilling such objectives, and the City may impose additional requirements deemed necessary to promote the health, safety, and general welfare, and to carry out the comprehensive plan of the City. Where conditions set forth herein are less restrictive than comparative conditions imposed by any other provision of this ordinance, by provision of any other local ordinance, resolution, or regulation, or by provision of state statute or administrative regulation, the more restrictive shall govern. Section 1.030 CONSTRUCTION AND TERMINOLOGY I 1. Construction. Words in this ordinance used in the present tense include the future tense; words used in the singular include the plural, and words in the plural include the singular; the word "shall" is mandatory; the work "may" is permissive; the masculine shall include the feminine and neuter. i 2. Terminology. The word "City" shall mean the City of Bend, Oregon. The words "City Commistion" shall mean the City Commission of Bend. The words "Planning Dire tor" and "Hearings Officer" shall mean the Planning Director and Hearings Officer respectively of the City of Bend. i 0 , 169 -0343 10-13.1.040 BEND CODE 10-13.1.040 Section 1.040 DEFINITIONS. As used in this ordinance, the following words and phrases shall mean: Access. The right to cross between public and private property allowing pedestrians and vehicles to enter and leave property. Access Corridor. A separate travel way for pedestrians and bicyclists to minimize travel distances within and between subdivisions, planned unit developments, residential areas and commercial centers, major employment areas, transit stops, or within and between nearby neighborhood activity centers such as schools, parks, and convenience shopping. Advertising. 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 communications. Affected Governmental Body. A city, county, state, or federal agency or special district which either has a jurisdictional interest or is of such proximity to the land partition that a reasonable likelihood of annexation exists. Affected Person. Any person adversely affected or aggrieved by a decision relating to the partitioning or subdividing of land. Agent. Any person who represents or acts for any other person in disposing of interests in a land development. Includes a real estate broker as defined in ORS 696.010(12) but does not include an attorney at law whose representation of another person consists solely of rendering legal services. Block. 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. Building. 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. Building, Line. 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 City Zoning Ordinance. Comprehensive Plan. As adopted by the City of Bend pursuant to ORS Chapters 197 and 227, and in compliance with Statewide Planning Goals. A coordinated land use map and policy statement of the Bend Urban Area 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 10-13.1.040 BEND CODE 169 0344 10-13.1.040 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 ordinance and other rules, regulations, and ordinances which are intended to implement the policies expressed through the plan. Condominium. 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 (ORS 91.010-91.652.) Construction Plans. 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. Contiguous. 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. Contiguous Land. Units of land under the same ownership which abut, irrespective of roadways, easements, or rights-of-way. Cross -Section. A profile of the ground surface perpendicular to the centerline of a street, stream or valley bottom. Curb Lines. The line dividing the roadway from the planting strip or sidewalk meaning the inside (street side) of the curb. Developer. Any person, corporation, partnership, or other legal entity who creates or proposes to create a land development; includes any agent of a developer. Disposition. Includes sale, lease for more than one year, option assignment, award by lottery or as a prize, or any offer or solicitation of an offer to do any of the foregoing concerning a land development or any part of a land development. Drainage Easement. An easement required for drainage ditches, or required along a natural stream or water course 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. Easement. A grant of the right to use a parcel of land for specific purposes, but in which ownership of the landlis not transferred. 169 - 0345 10-13.1.040 BENZ) CODE 10-13.1.040 Fire Break. A break in the ground cover fuels as specified by the fire protection agency involved. Flood. An overflow of water onto lands not normally covered by water. Flood Hazard Area. The relatively flat area of lowlands adjoining the channel of a river, stream, watercourse, lake or reservoir. Frontage. That portion of a parcel of property which abuts a dedicated public street or highway or an approved private way (except an alley). Hearings Body. The Subdivision Committee, Hearings Officer, or Governing Body. Hearing, Initial. An initial hearing is a quasi-judicial hearing authorized and conducted by the Hearings Body to determine if a change or land subdivision shall be granted or denied except those subject to administration review. Hearings Officer. A planning and zoning hearings officer appointed or designated by the City Commission pursuant to ORS 227.165 or in the absence of such appointed hearings officer, the Planning Commission. Improvements. Include, but are not limited to, streets, alleys, curbs, gutters, roadbed, road surface, storm drains and appurtenances, sidewalks, pedestrian facility, bikeway, street lights, street signs, fire hydrants, sanitary sewers and appurtenances, public water supply and water distribution systems and other utilities. Interest. Includes a lot or parcel, share, undivided interest or membership which includes the right to occupy the 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 more than three years. Interest does not include any interest in a condominium as defined in ORS 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 foreclosures or foreclosures of recorded contracts for the sale of real property. Land Development. 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. Includes intent to dispose of any land, whether contiguous or not, including any land divided, lots, parcels, units 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 common promotional plan. 0 1.0-13.1.040 BEND CODE 169 -- 03461 I Lot. A unit of land that is created by a subdivision of land. 10-13.1.040 Lot Area. The computed area contained within the lot lines, said area to be exclusive of street or alley rights-of-way. Lot Corner. 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. Lot Line. Any line bounding a lot as herein defined. Lot Line, Front. The property line abutting a street. Lot Line, Rear. A lot line which is opposite the front lot line. In the case of an irregular or triangular-shaped lot; a lot line 10 feet in length within the lot parallel to and at the maximum distance from the front lot line. Lot Line, Side. Any lot line not a front lot line or a rear lot line. Lot, Through. An interior lot having a frontage on two streets and/or highways, not including an alley. Lot Width. The horizontal distance 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. Map. A final diagram,' drawing, or other writing concerning a partition. Monument. A permanent and fixed survey marker conforming to the requirements established by state law and the regulations of Deschutes County. MUTCD. Manual of Uniform Traffic Control Devices, Federal Highway Administration. Municipal Water Supply System. A water supply source and distribution system owned and operated by a city or county or special district or other public corporation which has independent tax levying powers to support the system and which supplies water to a total of 1,000 or more households. Negotiate. 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. Offer. Includes every inducement, solicitation or encouragement of a person to acquire . - 169 0347 10-13.1.040 BEND CODE 10-13.1.040 0 a lot, unit, parcel, or interest in land. Owner. 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 clerks' records. Does not include an interest created for security purposes. Parcel. A unit of land created by a partitioning of land. Partition. The act of partitioning land or an area or tract of land partitioned. A. Major Partition. A partition which includes the actual creation of a public or private street or access way. A major partition also includes divisions where an easement provides access to one or two parcels. B. Minor Partition. A partition which does not require the creation of a public or private street or access way. Partition Land. To divide an area or tract of land into two or three parcels within a calendar year when such area or tract of land exists as a unit or contiguous units of land under single ownership at the beginning of such year. Partition land does not include divisions of land resulting from the creation of cemetery lots; lien -foreclosures; division of land resulting from foreclosures of recorded contracts for the sale of real property, and divisions of land made pursuant to a court order, including but not limited to court order proceedings involving testate or intestate succession. Partition land does not include a lot line adjustment which is the adjustment of a lot line by the relocation of a common boundary where an additional parcel is not created and where the existing parcel reduced in size by the adjustment is not reduced below the minimum lot size established by an applicable zoning ordinance. Partition land does not include the sale of a lot in a recorded subdivision even though the lot may have been acquired prior to the sale with other contiguous lots or property by a single owner. Person. 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. Planned Unit Development. "Planned Unit Development" means a complex or 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". Plat. A final map, diagram, drawing replat, or other writing containing all descriptions, specifications, locations, dedications, provisions, and information concerning a subdivision. 10-13.1.040 BEND CODE 169 0348 10-13.1.040 Reserve Strip. "Reserve Strip" means a strip of land usually one foot in width, reserved0 across the end of a street or alley terminating at the boundary 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. Right -of -Way. The area within the boundary line of a public road way, including an alley. Road or Street. A public or private way that is created to provide ingress or egress for persons to one or more ;lots, parcels, areas, or tracts of land, excluding a private way that is created to provide ingress or egress to such land in conjunction with the use of such land for forestry, mining, or agricultural purposes. A. Alley. A narrow way primarily for vehicular service access to the back or side of properties abutting a street. B. Arterial. , A restricted access street of substantial continuity which is primarily a traffic artery for intercommunication among large areas, and so designated by the City of Bend. C. Bikeway: Any road, path or way open to bicycle travel regardless of whether such facilities are designated for the preferential use of bicycles or are to be shared with other transportation modes. D. Collector. A restricted access street supplementary to the arterial street system used or intended to be used principally for the movement of traffic, bycyclists, and pedestrians between arterials and local streets. E. Cul-de-sac. A short street having one end open to traffic and terminated by a vehicle turnaround. F. Dead-end Street. A minor street with only one outlet. G. Half Street. A portion of the width of a street sufficient for a safe service temporarily (as approved by the City Engineer), usually along the edge of a subdivision when the remaining portion of the street is likely to be provided in another subdivision. H. Frontage Road. A minor street parallel and adjacent to a major arterial providing access to abutting properties, but protected from an protecting through ,traffic. 1. Local Street. A street intended primarily for access to abutting properties. is 169 m 0349 1.0-13.1.040 BENI) CODE, 10-13.1.040 J. Stubbed Street. 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. Roadway. That portion of a street developed for vehicular traffic. Sidewalk. A pedestrian walkway, usually within the street right-of-way, with permanent surfacing. Sale or Lease. Every disposition or transfer of land in a subdivision or an interest or estate therein, by a subdivider or developer or their agents. 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. Solar Access. Protection from shade for a specific area during specific hours and dates. Solar Height Restrictions. The allowable height of buildings, structures and non-exempt vegetation on a property burdened by the solar access of another property. Subdivide Land. To divide an area or tract of land into four or more lots within a calendar year when such area or tract or land exists as a unit or contiguous units of land under a single ownership at the beginning of such year. Subdivision. The act of subdividing land, or an area or a tract of land subdivided as defined in this section. Subdivider. Any person who causes land to be subdivided into a subdivision for himself or for others, or who undertakes to develop a subdivision, but does not include a public agency or officer authorized by law to make subdivision. Tentative Plan. A map setting forth the proposed plan of a major/minor partitioning in conformance with the provisions of this ordinance and subject to review and modification. Use. The purpose for which land or a structure is designated, arranged, or intended, or for which it is occupied or maintained. Utilities. Include electric, telephone, natural gas, and other services providing for energy or communication needs. Zero Lot Line Subdivision. A type of residential subdivision utilizing zero lot lines between dwelling units and providing for individual ownership of each lot. (Section 1.040 amended by ORD. No. NS -1379 passed June 1, 1983, effective September 1, 19831 169 0350: 10-13.1.040 BEND CODE 10-13.1.040 (Section 1.040 amended by ORD. No. NS -1592 passed June 2, 19931 I i, i • 169 - 0351 10-13.2.010 BENI) CODE 10-13.2.060 ARTICLE II GENERAL REQUIREMENTS, SUBDIVISION TYPES AND COMMITTEE Section 2.010 SCOPE OF REGULATION. Before a plat of any subdivision or the map of any 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 Bend Planning Department for approval of the proposed subdivision or partition in accordance with the requirements and procedures established by this ordinance. Section 2.020 MINIMUM STANDARDS. No proposed subdivision shall be approved unless it complies with the Bend Area General Plan, the Zoning Ordinance, this ordinance, and ORS Chapter 92. Section 2.030 SALE PROHIBITED. No person shall sell or offer to sell any lot created by a land division until final approval of the land division has been granted by the City. Final approval of a land division in a subdivision occurs when the plat of the subdivision is recorded with the County Clerk. Section 2.040 DELEGATION. The City Commission, pursuant to ORS 92.044(2) hereby delegates to the Subdivision Committee and Hearings Officer the power to take final action on a proposed subdivision or partition subject to appeal as provided for in this ordinance. Section 2.050. SUBDIVISION TYPES. Subdivisions shall be reviewed through either a Type I or II subdivision procedure which are defined as follows: 1. Type 1. Subdivision: A subdivision of land involving more than 10 lots or if involving 4-10 lots, the division involves the creation or extension of an arterial or collector street. 2. Type Il Subdivision: A proposed subdivision of land resulting in the creation of 4-10 lots and not involving the creation or extension of an arterial or collector street. Section 2.060 SUBDIVISION COMMITTEE. There is hereby established a Subdivision Committee which shall consist of: A. Planning Director or designate B. Public Works Director or designate C. City Engineer or designate • 169 M 0352 1043.2.060 BEND CODE 10-13.2.060 2. The Planning Director shall serve as chairperson of the Committee. 3. The committee shall have the following duties and responsibilities: A. To review Type I Subdivision applications for conformance with all applicable regulations and to make recommendations to the Hearings Officer. B. To approve, modify, or deny applications for proposed Type 11 Subdivisions and all partitions. • El 10-13.3.010 169 -- 0353 BENI) CODE ARTICLE III SUBDIVISION - APPLICATION PROCEDURE 10-1.3.3.025 Section 3.010 PREAPPLICATION MEETING. Prior to submitting a tentative plan, each applicant or his representative 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 ordinance. Section 3.015 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 subsection 3.030. The applicant must submit 15 copies of any plan required together with all required accompanying material to the Planning Director. 2. The tirne for filing shall be construed to be the time when the tentative plan is received by the Planning Department in completed form, together with the appropriate filing fee, required supplemental material, and subdivision application form. 3. if an application for approval of a tentative plan for a subdivision is incomplete, the Planning Department shall notify the applicant within thirty (30) days of the date of filing and allow the applicant additional time to make the application complete. Section 3.020 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. Section 3.025 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. 1. General information required: A. Proposed name of the subdivision. B. Names, addresses and phone numbers of the owner 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. 1.0-13.3.025 P1 169 -- 0354 BENI) CODE 10-13.3.025 C. Date of preparation, true and magnetic north and south, scale, and gross area of the proposed subdivision. 0 D. Appropriate identification of the drawing as a tentative plan for a subdivision. i E. 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. F. Certified !copy of the recorded instrument under which the applicant claims an ownership interest, or copy of a land sales contract which binds the applicant in the event of tentative approval. Information concerning existing conditions: A. 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. B. Location'of any existing features such as section lines, section corners, city and special district boundary lines, and survey monuments. C. 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. D. Location and direction of water courses, and the location of areas subject to flooding and high water tables. E. 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. F. Existing sewer lines, water mains, culverts, and other underground and overhead utilities within and adjacent to the proposed subdivision. l G. Contour'lines related to City datum and having minimum intervals of two feet. H. Zoning ,classification of lands within and adjacent to the proposed subdivision. I. Names and addresses of all property owners within 100 feet of the 169 0355 10-13.3.025 BENI) CODE 10-13.3.025 property. J. The structures, trees, rock outcroppings, or other shade producing objects, if the object will cast shade from or onto the subdivision. 3. Information concerning proposed subdivision: A. Location, names, width, typical improvements, cross sections, bridges, culverts, approximate grades, curve radii and centerline lengths and reserve strips of all proposed streets, and the relationship to all existing and projected streets. B. Location, width, and purpose of all proposed easements or rights-of-way for utilities, bikeways, and access corridors, and relationship to all existing easements and rights-of-way. C. Location of at least one temporary bench mark within the proposed subdivision boundary. D. Location, approximate area, and dimensions of each lot, and proposed lot and block numbers. E. Location, approximate area, and dimensions of any lot or area proposed for public use, the use proposed, and plans for improvements or development thereof. F. Proposed use, location, approximate area, and dimensions of any lot intended for nonresidential use. G. An outline of the area proposed for partial recording if contemplated or proposed. H. Source, method, and preliminary plans for domestic and other water supplies, sewage disposal, solid waste disposal, and all utilities. 1. Description and location of any proposed community facility. J. Storm water and other drainage facility plans. K. Proposed deed restrictions including access restrictions or protective covenants if such are proposed to be utilized for the proposed subdivision. L. Statement from each utility company proposed to serve the proposed subdivision stating that each such company is able and willing to serve the Y. 1 169 -- 0356. 10-13.3.025 BEND CODE 10-13.3.025 i proposed ;subdivision as set forth in the tentative plan, and the conditions and estimated costs of such service. M. Proposed fire protection system for the subdivision and written approval thereof by the appropriate serving fire protection agency. N. Solar Access. (1) Provide a statement relative to the solar access to be provided by the subdivision plan. (2) Determine the location and type of street trees, if proposed. i [Section 3.025(1)(C) amended by ORD. No. NS -1379 passed June 1, 1983, effective September 1, 19831 [Section 3.025(2)(J) added by ORD. No. NS -1379 passed June 1, 1983, effective September 1, 1983] .Section 3.025(3)(N) added by ORD. No. NS -1379 passed June 1, 1983, effective September 1, 1983] ISection 3.025(2)(A), (E), (1) amended by ORD. No. NS -1592 passed June 2, 19931 [Section 3.025(3)(B) amended by ORD. No. NS -1592 passed June 2, 1993] 0 169 6357 10-1.3.3.030 BEND CODE 10-13.3.035 Section 3.030 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: 1. Overall development plan, including phase or unit sequence. 2. Show compliance with the Comprehensive Plan and implementing land use ordinances and policies. 3. Schedule of improvements initiation and completion. 4. Overall transportation and traffic pattern plan for motor vehicles, bicycles, and pedestrians. 5. Program timetable projection. 6. Development plans for any common elements or facilities. 7. If the proposed subdivision has an unknown impact upon adjacent lands or lands within the general vicinity, the 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. Section 3.0311(4) and (7) amended by ORD. No. NS -1592 passed June 2, 19931 Section 3.035 APPROVAL. OF A MASTER DEVELOPMENT PLAN. The Hearings Body shall review a master development plan at the same time the tentative plan for the first phase is reviewed. A master plan may be approved before the tentative plan for the first phase is submitted. The Hearings Body may approve, modify, or disapprove the master plan and shall set forth findings for such decision. The 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 City. [Section 3.035 amended by ORD. No. NS -1360, passed July 21, 19821 0 169 -- 0358- 1.0-13.3.040 BEND CODE 1.0-13.3.045 Section 3.040 DEVELOPMENT FOLLOWING APPROVAL. Once a master plan is approved by the City, the plan shall be binding upon both the City and the developer. Provided, however, any changes proposed for an approved master plan shall be subject to review in the same manner as the original master plan. The Hearings Body may attach conditions to any changes proposed that are deemed necessary to ensure compliance with the comprehensive plan and implementing regulations. After five (Sj years from the date of approval of the plan, the City may initiate a review of the plan for conformance with applicable City plans and/or regulations. If necessary, the City may require changes in the plan to bring it into conformance. Section 3.045 TENTATIVE PLAN AS A MASTER PLAN. 1. As an alternative to the filing of a master plan for phased development, the applicant may file a tentative plan for the entire development. Said plan must comply with the provision in this ordinance for master plans. 2. If the applicant' proposes to phase in development, he shall provide sufficient information regarding the overall development plan and phasing sequence when submitting the tentative plan. 3. If the tentative plan is approved with phasing, the final plat for each phase shall be filed in accordance with Section 4.010 to 4.060. s 0 169 0359 1.0-13.3.050 BENI) CODE 10-13.3.050 Section 3.050 ZERO) LOT LINE SUBDIVISION. In addition to the general provisions for subdivisions set forth in this ordinance, any application for a zero lot line subdivision shall meet the following requirements: 1. The tentative plan shall indicate all lot divisions, including those along the common wall of dwelling units. 2. 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. 3. Prior to the granting of final approval for creation of a zero lot line subdivision, the Planning Director shall require the applicant(s) to enter into a written agreement, in a form approved by the City Attorney, that establishes the rights, responsibilities, and liabilities of the parties with respect to maintenance and use of any common areas of the dwelling, such as, but not limited to, common walls, roofing, water pipes, 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. 4. Each zero lot line subdivision proposal shall receive approval by the Site Plan Committee prior to submission of the final plat. Such 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. • 169 -- 0360 10-13.3.055 BEND CODE 10-13.3.055 Section 3.055 APPROVAL OF TENTATIVE PLAN. 1. Type I Subdivision: A. The Subdivision Committee shall make its recommendation concerning the tentative plan to the applicant and Hearings Body following its submittal. B. In accordance with the provisions of Article IX, the Hearings Body shall review the tentative plan and all reports and recommendations of appropriate officials and agencies. The Hearings Body may approve, modify, or disapprove the tentative plan for the proposed subdivision and shall set'forth findings for each decision. C. Approval of the tentative plan shall not constitute final acceptance of the plat of the proposed subdivision for filing; however, approval of such tentative' plan shall be binding upon the city for purposes of the preparation of the plat, and the City may require only such changes in the plat as are necessary for compliance with the terms of its approval of the tentative; plan for the proposed subdivision and the terms of this ordinance. 2. Type I1 Subdivision: A. The Subdivision Committee shall review the tentative plan and all reports and recommendations of appropriate officials and agencies in accordance with Article IX. The committee may approve, modify, or disapprove the tentative' plan for the proposed subdivision and shall set forth findings for its decision. B. Approval of the tentative plan shall not constitute final acceptance of the plat of the proposed subdivision for filing. However, approval of such tentative plan shall be binding upon the City for the purposes of the preparation of the final plat, and the City may require only such changes in the plat as are necessary for compliance with the terms of its approval of the tentative plan for the proposed subdivision and the terms of this ordinance. 0 • • 169 0361 10-13.3.060 BENI) CODE, 1.0-13.3.065 Section 3.060 REQUIRED FINDINGS FOR APPROVAL. The Hearings Body shall not approve a tentative plan for a proposed subdivision unless the Hearings Body finds, in addition to other requirements and standards set forth in this ordinance, that the subdivision as proposed or modified will satisfy the intent and requirements of this ordinance, and Bend Zoning Ordinance, and be in compliance with the Bend Area General Plan. Such findings shall include the following: 1. 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, and other natural resources. 2. The subdivision will not create excessive demand on public facilities and services required to serve the development. 3. The subdivision contributes to the orderly development of the Bend area transportation network of roads, bikeways, and pedestrian facilities. 4. The tentative plan for the proposed subdivision meets the requirements of ORS 92.090. [Section 3.060(3) and (4) amended by ORD. No. NS -1592 passed June 2, 1993] Section 3.065 RESUBMISSION OF DENIED TENTATIVE. PLANS. 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 final action denying said 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. 2. A tentative plan resubmitted in accordance with this section shall be reviewed in the same manner as any other tentative plan. • • 169 ~ 0362 10-13.4.005 BEND CODE 10-13.4.010 ARTICLE IV FINAI. PLAT Section 4.005 SUBMISSION OF THE FINAL PLAT. Filing Time Period Requirements: Except as provided for in Section 4.010, the applicant shall prepare and submit to the Planning Department, a final plat that is in conformance with the tentative plan as approved. Within one (1) year of the approval date for the tentative plan for a subdivision, the applicant shall submit the original drawing, a filing fee, and any supplementary information required by this ordinance and Hearings Body. If the applicant fails to proceed with the submission before the expiration of the one (1) 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. 2. Extensions: A. If it appears the applicant will not be able to comply with the filing time requirements of this ordinance, he may submit a written application to the Planning Director or designate requesting an extension of the filing time requirement. The application shall be filed no earlier than sixty (60) days and no later than ten (10) days prior to the date the one (1) year period expires. It shall also be accompanied by the appropriate fee. B. If there is good cause, the Director may grant the extension of up to six (6) months from the date of expiration. Good cause shall require a showing by the applicant that the delay is unavoidable and was not the result of the applicant's own negligence. The applicant must also show he has made significant progress on each condition of the tentative plan. C. Any extension granted by the Director may be conditioned by a requirement that the applicant provide appropriate guarantees that the requirements of this ordinance will be met. D. The applicant may appeal a decision of the Planning Director to the governing body pursuant to Article IX. Section 4.010 SUBMISSION OF FINAL PLATS FOR PHASED DEVELOPMENT. 1. If a tentative plan is approved for phased development, the final plat for the first phase shall be filed within one (1) year of the approval date for the tentative plan. 0 2. The final plats for any subsequent phase shall be filed within three (3) years of 169 ~ 0363 10-13.4.010 BEND CODE 10-13.4.030 the approved date for the tentative plan. 3. The applicant may request an extension for any final plat under this section in the manner provided for in Section 4.005(2). 4. if the applicant 'fails to file a final plat, the tentative plan for those phases shall become null and void. i Section 4.015 FORM OF h:INAL PLAT. The final plat shall be submitted in the form prescribed by state statute and 'this ordinance. All plats and other writings or dedications made a part of such plats offered for recording shall be made in black India ink, upon material that is 18 inches by 24 inches, suitable for binding and copying, have such characteristics of strength and permanency as may be required by the City. The plan shall be of such a scale, and the indication of the approvals thereof and of the dedication and affidavit of the surveyor, shall be of such size or type as will be cilearly legible, but no part shall come nearer any edge of the sheet than one inch. The plat may contain as many sheets as necessary, but a fact sheet and index page shall be included for plats of two or more sheets. Section 4.020 REQUIREMENTS OF SURVEY AND PLAT OF SUBDIVISION. Any final subdivision plat submitted shall meet the survey and monumentation requirements of ORS Chapter 92. Section 4.030 INFORMATION ON PLAT. In addition to that required for the tentative plan or otherwise specified by law, the following information shall be shown on the plat: 1. Name of subdivision. i 2. Name of owner, applicant, and engineer or surveyor. 3. The date, scale, north point, legend, controlling topography such as bluffs, creeks and other bodies of water, and existing highways and railroads. 4. Legal description of the tract boundaries. 5. Reference points of existing surveys, identified, related to the plat by distances and bearings, and reference to a field book or map as follows: A. Stakes, monuments, or other evidences found in the ground and used to determine the boundaries of the subdivision. B. Adjoining corners of adjoining subdivision. C. Other monuments found or established in making the survey or required to be installed by provisions of this ordinance. 169 - 6364 10-13.4.030 BEND CODE 10-13.4.030 6. The exact location and width of streets and easements intercepting the boundary of the tract. 7. Tract, block and lot boundary lines, and street rights-of-way and center lines, with dimensions, bearing or deflecting 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 0.01 feet. No ditto marks shall be used. K. Streets. The width of the streets being dedicated and the curve data shall be based on the street center line. In addition to the center line dimensions, the radius and central angle shall be indicated together with the long chord distance and bearing. 9. Easements. Easements shall be noted by fine dotted lines, clearly identified and, if already of record, their recorded reference. If an easement is not of record, a statement of the easement shall be given. The width of the easement, its length and bearing, and sufficient ties to locate the easement with respect to the subdivision shall be shown. If the easement is being dedicated by the map, it shall be properly referenced in the owner's certificates of dedication. 10. Lot Numbers. Lot numbers beginning with the number "1" and numbered consecutively in each block. 11. Block Numbers. Block numbers beginning with the number "1" and continuing 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. 12. Public Lands. Public lands, including strips and easements shall be clearly marked to distinguish it from lots intended for sale. 13. Access Restrictions. Limitations on rights of access to and from streets, lots, and other parcels of land. 14. Area. The area of each lot, if larger than one acre, to the nearest hundredth of an acre; and the area of each lot less than one acre, to the nearest square foot. 15. Certificates and Signatures. The following certificates and signatures are required and shall be combined where appropriate: A. A certificate signed and acknowledged by all parties having any record title interest in the land, consenting to the preparation and recording of the plat. 169 ~0365 10-13.4.030 BEND CODE 10-13.4.030 B. A certificate signed and acknowledged as above, dedicating all land intended for public use, except land intended for the exclusive use of the lot owners in the subdivision, their licensees, visitors, tenants, and servants. I C. A certificate with the seal of and signed by the surveyor responsible for the survey and final map. D. A certificate for execution by the City Surveyor. Any plat prepared by the City Surveyor in his private capacity shall be approved by the County Surveyof in accordance with ORS 92.100(2) and (3). E. A certificate for execution by the County Assessor. I F. A certificate for execution by the County Tax Collector. I G. A certificate for execution by the irrigation district, where applicable. All plans, plats or replats of subdivisions 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 and its approval thereof shall be indicated thereon by the board before City approval of such plan, plat, or replat of any subdivision. Except, that if the applicant is unable to obtain action or approval of any district or company within 45 days, the applicant shall notify the governing body in writing and thereafter the governing body shall serve notice on that district or company by certified mail advising the district or company that any objections to the plan, plat, or replat must be filed in writing with the governing body within 20 days. Failure 'of the district or company to respond shall be considered an approval of such plan, plat, or replat. H. The signature of the City Engineer. 1. The signature of the Planning Director. J. A signature of approval by the Board of County Commissioners. K. Other certificates required by state regulations. 16. Building Line and Solar Height Restriction: A. Southern Building Line. The southern building line shall be shown on each lot whish is benefited by solar height restrictions on burdened lots within the subdivision. 0 169 0366 10-1.3.4.030 BENI) CODE 10-13.4.030 B. Solar Height Restriction. The solar height restriction shall be shown on the plat for each lot burdened by the solar access of another lot. C. Every solar lot shall be denoted on the plat. I Section 4.030(16) added by ORD. No. NS -1379, passed June 1, 1983, effective September 1, 19831 • 0 169 - ©367 10-13.4.035 BEND CODE 10-13.4.035 Section 4.035 SUPPLEMENTAL INFORMATION WITH PLAT. The following data, if 40 applicable, shall accompany the plat. 1. Title Report. X preliminary title or subdivision guarantee report issued by a title insurance company in the name of the owner of the land, showing all parties whose consent is necessary and their interest in the premises; such report shall show evidence of a clear and marketable title. 2. Survey Data Sheets. Sheets and drawings shall contain the following information: I A. Traverse'data including the coordinates of the boundary of the subdivision and ties to section corners and donation land claim corners, and showing the error of closure, if any. A survey control work sheet may be substituted for this item. B. The computation of distances, angles, and courses shown on the plat. C. Ties to existing monuments, proposed monuments, adjacent subdivisions, street cornrs, and state highway stationing. 3. Deed Restrictions. A copy of any deed restrictions applicable to the subdivision. 4. Homeowner's Association. A copy of any homeowner's association agreements proposed or required for the subdivision. 5. Dedications. A'copy of any dedication requiring separate documents with specific reference to parks, playgrounds, etc. 6. Taxes. A list of all taxes and assessments on the tract which have become a lien on the land subdivided. 7. Improvements. If grading, street improvements, sidewalks, pedestrian access corridors, bikeways, sewer or water facilities are required as a condition of approval of the final plat, the following shall be required to be submitted with final plat: A. Improvement Plan in accordance with Section 6.050 of this ordinance. B. Plans and profiles of sanitary sewers, location of manholes, and drainage system. C. Plans and profiles of the water distribution system showing pipe sizes and location' of valves and fire hydrants. 169 0368 10-13.4.035 BEND CODE 10-13.4.035 D. Specifications for the construction of all utilities. E. Grading plans and specifications as required for areas other than streets and ways. F. Planting plans and specifications for street trees and other plantings in public areas. G. Plans for improvements, design factors, or other provisions for fire protection or fire hazard reduction. K. Subdivision Adjoining SM or SMR Zones. Any final plat of which adjoins an SM or SMR zone must clearly show where such zone is located in relation to the subdivision boundaries. Section 4.035(7) amended by ORD. No. NS-1592 passed June 2, 1993] • • 169 - 0369 , 1.0-13.4.040 BEND CODE 10-13.4.040 Section 4.040 TECHNICAL! REVIEW OF PLAT 1. Ordinance Check. Upon receipt by the Planning Department, the plat and other data shall be reviewed by the Subdivision Committee to determine that the subdivision as shown is substantially the same as it appeared on the approved tentative plan, and for compliance with provisions of this ordinance and other applicable laws) 2. Field Check. The City Engineer and Planning Director or their designated representatives may make such checks in the field as are desirable to verify that the map is sufficiently correct. The Engineer or Planning Director or representatives thereof may enter the property for this purpose. 3. Reimbursement.' Expenses incurred by the City Engineer in the technical plat review shall be 'reimbursed by the applicant prior to final approval of the plat. I • 10-13.4.045 BENI) CODE Section 4.045 CONDITIONS OF PLAT APPROVAL. 169 - 0370 10-13.4.045 The Subdivision Committee shall determine whether it conforms with the approved tentative plan and with these regulations. If the committee does not approve the plat, it shall advise the applicant of the changes or additions that must be made and shall afford him a opportunity to make corrections. If the committee determines that the plat conforms to all requirements it shall recommend approval, provided supplemental documents and provisions for required improvements are satisfactory. Recommendation of approval of the plat does not constitute or effect an acceptance by the public of the dedication of any street or other easement shown on the plat nor does such approval constitute final approval, said authority for final acceptance being vested with the governing body. 2. No plat of a proposed subdivision shall be approved unless: A. Streets, roads, bikeways, and access corridors for public use are to be dedicated without any reservation or restriction. B. Streets and roads held for private use and indicated on the tentative plan for such subdivision have been approved by the City. C. The plat contains provisions for dedication to the public of all common improvements, including but not limited to, streets, roads, bikeways, access corridors, parks, sewage disposal, and water supply system, if made a condition of the approval of the tentative plan. D. Explanations of all common improvements required as conditions of approval of the tentative plan shall be recorded and referenced on the subdivision plat. E. If the subdivision adjoins an SM or SMR zone, the existence and location of such zone shall be entered on the deeds for all lots created by the subdivision. 3. No plat of a subdivision shall be approved unless the subdivider has either constructed and had accepted by the City the required improvements or the subdivider has executed an improvement agreement pursuant to the provisions of Section 4.050. if the subdivider chooses to construct the improvements, he shall also file with the City a warranty bond executed by a surety company to cover the one (1) year warranty periods following acceptance by the City. Said bond shall be in the amount of ten (10) percent of the value of the improvements. [Section 4.045(2(A),(C) and (D) amended by ORD. No. NS -1592 passed June 2, 19931 Section 4.050 IMPROVEMENT AGREEMENT. 169 .. 0371 1.0-1.3.4.050 BEND CODE 10-13.4.055 1. The subdivider inay, in lieu of completion of the required improvements and repair to existing streets and facilities, request the City to approve an agreement between himself and the City specifying the schedule by which the required improvements acid repairs shall be completed. Provided, however, any schedule of improvements agreed to shall not exceed one (1) year from the date the final plat is recorded. !The agreement shall also provide the follow information: A. A list of all the contractors who will construct or complete the improvements and repairs required, and the cost of the project. B. That the City may call upon the security filed to construct or complete the improvements and repairs if the schedule of improvements is not adhered to. C. That the' City shall recover the full cost and expense of any work performed by the City to complete construction of the improvements and repairs, including, but not limited to, attorneys' and engineering fees. i D. That a warranty bond for one (1) year shall be deposited with the City following acceptance of the improvements. Said bond shall be in the amount of ten (10) percent of the value of the improvements. i Section 4.050(2) repealed by ORD. No. NS -1360, passed July 21, 19821 3. The City may reject an agreement authorized by this section for any reason the City deems sufficient. Section 4.055 BOND OR CASH DEPOSIT. 1. The subdivider shall file, with any agreement specified in section 4.050, to assure his full and faithful performance thereof, one of the following: A. A surety bond executed by a surety company authorized to transact business in the State of Oregon in a form approved by the City Attorney. B. A cash deposit in a City account at an approved lending institution. C. An irrevocable standby letter of credit from a federally insured banking institution or savings & loan operating in Oregon that unconditionally promises to pay the funds pledged upon demand by the City. Such obligation must be unaffected by the financial status of the person who has obtained'! the letter of credit. D. An "Assurance Provider" arrangement between the subdivider, the City and a federally insured financial institution which assures the City that funds 169 0 37 2 10-13.4.055 BEND CODE 10-13.4.060 to complete the performance of the subdivider's improvement agreement will be provided by the federally insured financial institution to the City in the event the subdivider does not complete performance of the improvement agreement. The form of the Assurance Provider arrangement, and the federally insured financial institution must be satisfactory to the City. 2. Such assurance of full and faithful performance shall be for 120% of the cost of the improvements and repairs as determined by the City. 3. If the subdivider fails to carry out the provisions of the agreement, the City shall call upon the bond, or letter of credit or cash deposit or Assurance Provider arrangement to finance any cost or expenses resulting from said failure. If the amount of the deposit, letter of credit or bond or Assurance Provider arrangement exceeds the cost and expense incurred by completing the improvements, the City shall release the remainder. If the amount of the deposit, letter of credit or bond or Assurance Provider arrangement is less than the cost and expense incurred by the City for the improvements and repairs, the subdivider shall be liable to the City for the difference. _Section 4.055 amended by Ordinance No. NS -1534, passed May 15, 1.991.1 [Section 4.055(i)(D) added by Ordinance No. NS -1626 passed February 1, 1995.1 I Section 4.055(3) amended by Ordinance No. NS -1626 passed February 1, 1995.] Section 4.060 FINAL PLAT APPROVAL. After the final plat has been checked and approved as provided in this article, and when all signatures appear thereon, except those of the Planning Director, County Clerk, and Board of County Commissioners, the Planning Director shall certify the final plat and submit it to the Board of County Commissioners for final approval. 10-1.3.4.065 REND CODE Section 4.065 FILING OF PLAT. 169 0373 10-13.4.070 No plat shall have any force or effect until the same has been finally approved by the Board of County Commissioners. No title to any property described in any offer of dedication shall pass until the final plat has been filed. 2. The Planning Director or his representative shall file the approved final plat, including an exact copy thereof as described in subsection four (4) of this section, with the County Clerk. 3. No plat shall be, filed unless all ad valorem taxes and all special assessments fees or other charges required by law to be placed upon the tax roll, which have become a lien upon the subdivision or which will become a lien during the calendar year, have been paid. 4. The applicant shall also submit with the final plat an exact copy thereof, made with black India ink or photocopy upon a good quality of linen, tracing cloth, or other suitable drafting material having the same or better characteristics of strength, stability and transparence. The engineer or surveyor who made the plat shall make an affidavit to indicate that the photocopy or tracing is an exact copy of the plat. The ;copy shall be filed with the County Recorder and shall be certified to him to be an; exact copy and then shall be filed in the archives of the County, and be preserved by filing without folding. The applicant shall provide copies to the County Assessor, County Sanitarian, City Engineer, City Planning Department, and appropriate postal and fire protection agencies. One original exact copy shall be filed with the City Engineer. Section 4.070 ERRORS IN! THE FINAL PLAT. if an error in the final plat is discovered after the plat has been filed with the County Clerk, said error shall be corrected by the filing of a correction plat which shall be submitted in the same manner as a final plat. No fee, however, shall be required. • r� 0 • 10-13.5.010 BENI) CODE ARTICLE V LAND PARTITIONING Section 5.01-0 APPLICABILITY OF REGULATIONS. 169 - 0314 10-13.5.015 All proposed land partitionings within the City shall be approved by the City. Approval shall only be granted in accordance with the provisions of this ordinance. Provided, however, the Subdivision Committee may refer any partition to the Hearings Officer for a hearing and decision. 2. Any map or drawing prepared by the County Surveyor in his private capacity shall be approved by the City Surveyor in accordance with the provisions of ORS 92.100(2) and (3). Section 5.015 FILING PROCEDURES AND REQUIREMENTS. 1. Any person proposing a land partitioning, or his authorized agent or representative, shall prepare and submit ten (10) copies of the documents hereinafter described, in accordance with the prescribed procedures, and the appropriate filing fee, to the Planning Department. 2. The tentative plan or preliminary drawing shall include the following: A. A vicinity map locating the proposed partitioning in relation to adjacent subdivisions, roadways, bikeways, access corridors, and adjoining land use and ownership patterns. The map must include names of all existing roadways shown therein. B. 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. C. Names and addresses of the landowner, the applicant (if different), a mortgagee if applicable, the engineer or surveyor employed or to be employed to make necessary surveys and prepare the legal descriptions of each parcel to be created, and record owners of land contiguous to the proposed partition. D. A statement regarding contemplated water supply, sewage disposal, solid waste disposal, fire protection, and access, etc. 0 E. North point, scale, and date of map, and property identification by tax lot, 169 -- 0 3 -7' 5 10-13.5.015 BEND CODE 10-13.5.015 section, township and range. I F. Statement regarding past, present, and intended use of the parcels to be created, or the use for which the parcels are to be offered. i G. If a tract of land has water rights, the application shall be accompanied by a water rights division plan approved by the irrigation district or other water district holding the water rights, or when there is no such district, by the County Watermaster. H. Locations of all existing buildings, canals, ditches, septic tanks and drainfields. 1. Locations of any topographical feature which could impact the partition, such as 'canyons, bluffs, rock outcroppings, natural springs, and flood plains. i J. Location; width, name, curve ratio, and approximate grade of all proposed right-of-way. [Section 5.015(2)(A) amended by ORD. No. NS -1592 passed June 2, 19931 • • 0 10-13.5.020 BEND CODE Section 5.020 REQUIREMENTS FOR APPROVAL. 169 - 0 37 6 10-13.5.020 1. No application for partitioning shall be approved unless the following requirements are met: A. Proposal is in compliance with ORS Chapter 92, the Comprehensive Plan, and applicable zoning. B. Proposal does not conflict with existing public access easements or rights- of-way within or adjacent to the partition. C. Each parcel is suited for the use intended or offered. D. All required public services and facilities are available and adequate or are proposed to be provided by the petitioner. E. An approved water rights division plan. F. If the partition adjoins an SM or SMR zone, the existence and location of such zone shall be entered on the deed for lots created by the partition. 2. The Subdivision Committee shall deny an application for partitioning when it appears the partitioning is part of a plan or scheme to create more than three (3 ) parcels without going through subdivision, or is part of a development pattern having the effect of creating more than three (3) parcels without subdividing. 3. Additional Factors to be Considered. In addition to the requirements set forth in subsections one (1) and (2) of this section, the following additional factors shall be considered by the Subdivision Committee when appropriate: A. Placement and availability of utilities. B. Safety from fire, flood, and other natural hazards. C. Adequate provision of public facilities and services. D. Possible affects on natural, scenic, and historical resources. E. Need for onsite or offsite improvements such as, but not limited to, access corridors, pedestrian facilities, and bikeways. F. Need for additional setback, screening, landscaping, and other requirements relative to the protection of adjoining and area land uses. [Section 5.020(3)(E) amended by ORD. No. NS -1.592 passed June 2, 19931 169 - 0 37 7 10-13.5.030 BEND CODE 10-13.5.040 Section 5.030 IMPROVEMENT REQUIREMENTS. 1. In the approval of a land partition, the Subdivision Committee 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 ordinance. All roads I in major partitions shall be dedicated to the public without reservation or restriction. 2. Easement Access. The,Subdivision Committee may require the applicant to improve an easement access serving two or more parcels according to the City's street standards. Section 5.035 APPLICATION REVIEW. Following submission of an application for a land partitioning, the Subdivision Committee shall review the plans and application submitted, and shall either approve or deny the application. Section 5.040 APPEAL. An appeal of a decision or requirement of the Subdivision Committee relative to a land partition shall be made in accordance with the provisions of Article IX of this ordinance. • • • • • 169 - 0378 10-13.5.045 BENI) CODE 10-13.5.050 FINAL MAP Section 5.045 FINAL MAP FILING. Following approval of the tentative plan for a proposed partitioning, the applicant shall prepare and submit to the Planning Department the final map or drawing for the subject partitioning. Such filing shall be completed within one year from the date of approval, or the approval shall be void. The final map or drawing shall be prepared in accordance with the following requirements and the original and two (2) copies thereof submitted by the Planning Department to the Subdivision Committee for approval. The original of a minor partition shall be recorded in the office of the County Surveyor following approval by the Subdivision Committee. All costs incurred in filing shall be paid by the developer. Major partitions shall follow the requirements set forth in Sections 4.015 and 4.055 of this ordinance. Section 5.050 EXTENSIONS. Request for extensions shall be reviewed in the manner provided for in Section 4.010. 1.0-13.5.055 Section 5.055 BENI) CODE REQUIREMENTS. 169 -- 0 37 9 10-13.5.055 Final map or drawing requirements. A. Maps shall be drawn to a scale of one inch per 100 feet. i B. Name of the owner, developer, and engineer or surveyor shall be shown on the map or drawing. C. Date, scale, north point, legal description of boundaries, and a tie by actual survey to a section or donation land claim corner. D. Parcel boundary lines, with dimensions and bearings; bearings shall be to the nearest 30 seconds, and distances to the nearest 0.01 feet. E. An affidavit by the engineer or surveyor having surveyed the land involved in a major partitioning. F. A certification of acceptance of any public dedication. G. A guarantee of approved or required improvements, including identification of maintenance responsibilities for proposed or existing roads and streets. i H. A certification of approval for execution by the Planning Director. Water rights to be assigned to each parcel shall be indicated on the map or drawing and certification of approval thereof. J. If the partition adjoins an SM or SMR zone, the location of such zone in relation to the partition boundaries must be clearly shown on the final map or drawing. 2. Approval Requirements: No final map or drawing for a land partitioning shall be approved by the Hearings Body unless all of the following requirements are met: A. The final map or drawing is in strict conformance with the approved tentative plan. B. The final map or drawing is in conformance with the requirements set forth in subsection one (1) of this section. C. Paved access is guaranteed to each parcel. • D. Each parcel is to be connected to the City sewage system. 0 i i 10-1.3.5.055 BEND CODE E. All required public utilities are available. 169 - 0380 10-13.5.055 F. All conditions of the tentative plan approval have been met or guaranteed. G. All proposed or required improvements have been completed and accepted by the City. 169 -- 0383. 10-1.3.5.060 I BEND CODE 10-13.5.060 Section 5.061) SPECIAL PARTITIONING REGULATIONS. 1. The partitioning of a tract of land in which not more than one (1) parcel is created and transferred to a public or semi-public agency for the purpose of a road, railroad, electric; substation, or canal right-of-way may be approved by the Planning Director. 2. The adjustment of a lot line by the relocation of a common boundary where an additional parcel or tax lot is created, or when a parcel existing below the adjustment is reduced below the minimum lot size established by the applicable zoning shall be treated as a partition. 0 1.0-13.6.010 169 - 0382 BEND CODE ARTICLE VI DESIGN STANDARDS AND IMPROVEMENTS 10-13.6.015 Section 6.010 COMPLIANCE REQUIRED. All land divisions shall be in compliance with the design standards set forth in this article and Appendix "A" which is attached hereto and incorporated by reference. Section 6.015 STREETS, SIDEWALKS, AND BIKEWAYS General. Facilites providing safe and convenient motor vehicle, pedestrian and bicycle access shall be provided within new subdivisions, partitions, and planned unit developments. Where appropriate and reasonable such facilities may be required from new subdivisions, partitions, and planned unit developments to nearby residential areas, transit stops, and neighborhood activity centers such as parks, schools, and shopping. 2. New Streets. The location, width, and grade of streets shall be considered in their relation to existing and planned streets, topographical conditions, public convenience and safety, and the proposed use of land to be served by the streets. The street system shall assure an adequate traffic circulation system with intersection angles, grades, tangents, and curves appropriate for the traffic to be carried considering the terrain. The subdivision shall provide for the continuation of the principal streets existing in the adjoining subdivision or of their proper projection. Where, in the opinion of the Hearings Body, topographic conditions make such continuation or conformity impractical, exception may be made. In cases where the City may adopt a plan or plat of a neighborhood or area of which the subdivision is a part, the subdivision shall conform to such adopted neighborhood or area plan. All streets shall be improved to City standards with curbs, paving, and drainage facilities. 3. Street Layout and Cul-de-sacs. The street layout shall be generally in a rectangular grid pattern to provide or continue a network of inter -connecting streets. The subdivision streets shall be oriented on an east/west axis to the greatest extent possible to ensure solar access for lots within the subdivision. The grid pattern may be modified as is physically proper to adapt to topography, natural conditions, or to afford scenic views. Cul-de-sacs and dead end streets shall only be permitted when the following conditions are met: A. One or more of the following conditions prevent a required street connection: natural slopes of 18% or more where it is not practical to construct streets with grades of 12%, or presence of a wetland or water body which cannot be crossed; or 169 0333 10-13.6.015 BEND CODE 10-13.6.015 1 - existing development on adjacent property prevents a street connection; and B. A street pattern, which either meets standards for connections and spacing or requires less deviation from standards is not possible; and I C. Access Corridor's are provided consistent with the standards for such corridors; and D. The cul-de-sac($) shall be as short as possible and shall not exceed 600 feet in length between the center of the cul-de-sac bulb and the centerline of a through street. 4. Future Resubdivision. Where a tract is divided into lots of an acre or more, the Hearings Body may require an arrangement of lots and streets such as to permit future resubdivision in conformity to the street requirements and other requirements contained in this subdivision. 5. Existing Streets;. Whenever existing streets, adjacent to or within a tract, are of inadequate width to accommodate the increase in traffic expected for the subdivision or the City's transportation policies, additional right-of-way shall be provided at the! time of the land division by the applicant. During consideration of the tentative plan for the subdivision or partition, the Subdivision Committee 0 shall determine whether improvements to existing streets, adjacent to or within the tract, are required. If so determined, such improvement shall be required as a condition of approval of the tentative plan. Improvements to adjacent streets shall be required where traffic on said streets shall be directly affected by the proposed subdivision. 6. Intersection Angles. Street intersections shall be as near right angles as possible except where topography requires a lesser angle, but in no case shall the acute angle be less than 600. i 7. Alignment. Staggered street alignment shall, whenever practicable, leave a minimum of 200 feet distance between the center line of the streets, but in no case be less than 125 feet. $. 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 Appendix "A". 9. Reserve Strips.. Reserve strips controlling access to streets shall be required when deemed necessary by the Hearings Body. Deeds to the City for reserve strips shall be filed with . the final plat. Reserve strips shall be numbered in sequence 169 0334 10-13.6.015 BEND CODE, 10-13.6.015 beginning with Lot "A". IU. 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 and the resulting dead end streets may be approved without a permanent turnaround. Reserve strips shall be required to preserve the objective of street extensions. 11. Frontage Roads. If a land division abuts or contains an existing or proposed collector or arterial street, the Hearings Body may require frontage roads, reverse frontage lots with suitable depth, screen planting contained in a non -access reservation along the rear or side property line, or other treatment necessary for adequate protection of residential properties and to afford separation of through and local traffic. Provision may be made for emergency access. All frontage roads shall comply with appropriate local road standards. 12. Streets Adjacent to Railroads, Freeways, and Parkways. When the area to be subdivided 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 for screen planting between 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 SO 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. 13. Continuation of Streets. Subdivision streets which constitute the continuation of streets in contiguous territory shall be aligned so that their center lines coincide. Where straight line continuations are not possible, such center lines shall be continued as curves. These streets or the continuation of streets in contiguous territory may be required by the Hearings Body where such continuation is necessary to maintain the function of the street or desirable existing pattern of development of streets and blocks in the surrounding area. Where solar orientation would not be possible if the street area continued, a new pattern may be started that is solar oriented. 14. 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 naives and numbers shall conform to the established pattern in the City and shall be subject to the approval of the Fire 16g 0385 10-1.3.6.015 BEND CODE 10-13.6.015 Department. 15. Sidewalks. Sidewalks are required to be installed on both sides of a public street and in any special pedestrian way within the subdivision except that in the case of collectors, arterials, cul-de-sacs, industrial districts, or in steep terrain, the Hearings Body may approve a subdivision with a sidewalk on one side only. When reasonable and appropriate the Hearings Body shall consider alternate pedestrian facilities or access corridors. The construction of off-site sidewalks may be required along routes to existing school and park sites. 16. Bikeways. If appropriate to the extension of a system of bikeways, existing or planned, the Hearings Body may require the installation of separate bicycle lanes within streets and/or separate bikeways. [Section 6.015(14) amended by ORD. No. NS -1360 passed July 21, 19821 [Section 6.015 amended by ORD. No. NS -1592 passed June 2, 19931 [Section 6.015(1) through (16)i amended by ORD. No. NS -1592 passed June 2, 1993] i 10-13.6.020 BEND CODE Section 6.020 BLOCKS. 169 w 0386 10-13.6.020 General. The length, width, and shape of blocks shall accommodate the need for adequate building site size and street width and shall be compatible with the limitations of the topography. 2. Size. No block shall be longer than 1,200 feet between the centerline of through cross streets except where street Location is restricted by natural topography, wetlands, or other bodies of water. 3. Connecting access corridors. Where appropriate at cul-de-sacs, dead-end streets, or along blocks more than 1000 feet in length, pedestrian and bicycle access corridors shall be provided to minimize travel distance between subdivisions, parks, schools, and collector or arterial streets. Access corridors shall be located to provide a reasonably direct connection between likely pedestrian destinations. A reasonably direct connection is a route which minimizes out of direction travel for people likely to use the connection considering terrain, safety and likely destination. The Hearing Body may determine based on evidence in the record that construction of a separate access corridor is inappropriate or impracticable. Such evidence may include but is not limited to: A. When the nature of abutting existing development makes construction of an Access Corridor impracticable. B. When the access corridor would cross a natural area with significant natural habitat and construction would be incompatible with protectin of natural values. C. When the access corridor would cross topography where slopes exceed 30%. or where path grade would exceed 18% slope; or D. When a cul-de-sac or dead end street abuts rural resource land at the urban growth boundary except where the adjoining land is designated as an urban reserve area. 4. 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 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 guylines easements along the rear of lots adjacent to unsubdivided land may be reduced to 10 feet in width. • 169 ~ 036? i 10-13.6.020 BENI) CODE 10-13.6.020 B. Drainage: If a tract is traversed by a water course such as a drainage way, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of the water course or in such further width as will be adequate for the purpose. Streets or, parkways parallel to major water courses or drainage ways may be required. [Section 6.020(2), (3) and (4) amended by ORD. No. NS -1592 passed June 2, 1993] I i I • 169 - 0388 10-13.6.025 BEND CODE 10-13.6.025 Section 6.025 LOTS: SIZE. AND SHAPE. The size, width, and orientation of lots 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 size provisions of the zoning ordinance, with the following exceptions: 1. 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 County Sanitarian, and shall be sufficient to permit adequate sewage disposal. Any problems posed by soil structure and water table as related to sewage disposal by septic tank shall be addressed and resolved in the applicant's initial plan. 2. 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. 3. 1n steep terrain, increased lot sizes may be required to avoid excessive cuts, fills, and steep driveways. 0 Section 6.025(3) amended by ORD. No. NS -1360 passed July 21, 19821 r� 169 - 0339 10-13.6.030 BEND CODE 10-13.6.030 Section 6.030 LOTS, GENERAI, REQUIREMENTS. i 1. Frontage. Each' lot shall abut upon a street or an officially approved way other than an alley for at least 50 feet, except for lots fronting on the bulb of a cul-de- sac, then the minimum frontage shall be 30 feet. 2. All side lot lines shall be at right angles to street lines or radial to curved streets wherever practical, except as provided in subsection five (5) of this section. 3. Through lots, lots 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 abutting such a,traffic artery or other incompatible use. 4. Corner lots shall be five feet more in width than other lots and also shall have sufficient extra 'width to meet the additional side yard requirements of the zoning district in which they are located. 5. Solar Access Performance Standard. As much solar access as feasible shall be provided each lot in every new subdivision, considering topography, development pattern, and existing vegetation. The lot lines of lots, 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 22 to March 21. If it is not feasible to provide solar access to the southern building line, then solar access, if feasible, shall be provided at ten (10) feet above ground level at the southern building line two hours before and after the solar zenith from September 22 to March 21, and 'three hours before and after the solar zenith from March 22, to September 21. This solar access shall be protected by solar height restrictions on burdened properties for the benefit of lots receiving the solar access. For each lot for which it is not feasible to provide solar access, either at the building line or at ten (10) feet above the southern building line as specified above, sufficient information nurst be provided to support the designation of the lot as a non -solar access lot. f. Underground Utilities. All permanent utility service to lots in a subdivision 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 lots in the subdivision could be served by the existing overhead system. The subdivision shall be responsible for complying with requirements of this section, and shall: A. Obtain is permit from the Public Works Superintendent for placement of 169 m 0390 10-13.6.030 BEND CODE 10-13.6.030 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 and facilities in accordance with rules and regulations of the Public Utility Commission of the State of Oregon. 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 obliterate the necessity for disturbing the street improvements when service connections are made. Section 6.0311(5) amended by ORD. No. NS -1379 passed June 1, 1983, effective September 1, 1983] • • 169 ~ 0391 10-13.6.035 j BEND CODE, 10-13.6.045 Section 6.035 GENERAL PROVISIONS. 1. Lighting. The subdivider shall provide underground wiring for street lights to City standards and a base for any proposed ornamental street lights. Locations of the wiring and any !base shall be approved by the City in coordination with the affected utility company. 2. Fire Hazards. Whenever possible, a minimum of two points of access to the subdivision shall be provided to provide assured access for emergency vehicles and ease resident evacuation. 3. Street Tree Planting. Street tree planting plans, if proposed, for a subdivision shall be submitted to! the Planning Director and receive his/her approval before the planting is begun. 4. Water/Sewer. All subdivisions shall provide water and sewer lines constructed to City standards and specifications approved by the City Engineer. All lots shall be served from the City of Bend water system or by water systems acceptable to the City. Water mans and service lines shall be installed prior to the curbing and paving of new streets in all new subdivisions. Section 6.040 GRADING OE; BUILDING SITES. Grading of building sites shall conform to the following standards unless physical conditions demonstrate the propriety of other standards. 1. Cut slope ratios) shall not exceed one foot vertically to one and one-half feet horizontally. I 2. Fill slope ratios shall not exceed one foot vertically to two feet horizontally. 3. The composition of soil for fill and the characteristics oflots and parcels made usable by fill shall be suitable for the purpose intended. 4. When filling or !grading is contemplated by the subdivider, he shall submit plans showing existing and finished grades for the approval of the City Engineer. In reviewing these,plans, the City Engineer shall consider the need for drainage and effect of filling on adjacent property. Grading shall be finished in such a manner as not to create -steep banks or unsightly areas to adjacent property. Section 6.045 SPECIAL SETBACKS. If special building setback lines are to be established in a subdivision, they shall be shown on the tentative plan and final plat and included in the deed restrictions. 0 � e 10-13.6.050 BEND CODE IMPROVEMENTS 169 - 0392 10-13.6.060 Section 6.050 IMPROVEMENT PROCEDURES. In addition to other requirements, improvements to be installed by the applicant, either as a requirement of this ordinance or other applicable regulations or at his own option, shall conform to the requirements of this article. 1. Plan Review and Approval. Improvement work shall not be commenced until plans therefore have been reviewed and approved by the Subdivision Committee or a designated representative thereof. To the extent necessary for evaluation of a proposed development, such improvement plans may be required before approval of the tentative plan or preliminary map or drawing. 2. Improvements as Platted. Improvements shall be designed, installed, and constructed as platted and approved, and plans therefore shall be filed with the final plat at the time of recordation or upon completion. 3. Inspection. Improvements shall be constructed under the inspection and approval of a City inspector designated by the Subdivision Committee. Expenses incurred thereby shall be borne by the applicant/owner. The City Engineer may require changes in sections and details of the improvements if unusual conditions arise during construction to warrant such changes. 4. As -Built Plans. A map showing public improvements shall be filed with the Engineering Department upon completion of the improvements. Section 6.055 IMPROVEMENTS IN PARTITIONS. The same improvements may be required to be installed to serve each building site of a partition as are required of a subdivision. Section 6.060 ACCEPTANCE OF IMPROVEMENTS. Improvements shall be considered for acceptance after inspection at the time the improvements are constructed. • 1.0-13.6.065 BEND CODE PARKS 169 0393 11 10-13.6.065 Section 6.065 PARK DEVELOPMENT. PUBLIC PARK DEDICATION. PARK FUND. 1. A subdivider shall set aside and dedicate to the public for park and recreation purposes, not les Is than 8 percent of the gross area of said development if the land to be dedicated; is suitable and adaptable for such purposes and is generally located in an area planned for parks. 2. The Planning Director, together with the Bend Metropolitan Parks and Recreation District, shall determine whether or not said land is, in fact, suitable for park purposes. Provided, further, that any such approval shall be subject to the condition that the Parks and Recreation District accept the deed dedicating such land. 3. Payment in lieu of land. In the event there is no suitable park or recreation area or site in the proposed subdivision or adjacent thereto, then the subdivider shall, in lieu of setting aside land, pay into a park acquisition and development fund a sum of money equal to the true casH value of the land that would have been donated under subsection one (1) of this section. For the purpose of determining the true cash value, the latest true cash value shown on the County Assessor's tax roll shall be used. The sum so contributed shall be used for acquisition of suitable area for park and recreation purposes or for the development of recreation facilities. Such expenditures shall be made for the neighborhood or community facilities within; the area of the community that will reasonably benefit the contributing subdivision. 4. Expenditure of Funds. Funds contributed in lieu of park land shall be remitted to a park acquisition and development fund and shall be deposited with the City Recorder. Such funds may be expended only on order of the City Commission for the purpose of acquiring or developing land for park and recreation purposes. Application for ;expenditure of funds collected under this ordinance shall be made only by the Beed Metropolitan Park and Recreation District subject to approval of the Bend City Commission. 5. The provisions of this section relating to the 8% dedication for parks, or payment in lieu of dedication, shall not apply to those situations covered by the City of Bend Resolution establishing a system development charge for parks & recreation in the City of Bend adopted pursuant to Bend Code Sections 1.900-932 and ORS 223.297-314. _Section 6.065(4) amended by, ORD No. NS -1432, passed March 19, 19861 (Section 6.005(5) added by ORD No. NS -1597, passed July 21, 19931 C7 is 0 • • 169 — 0394 10-13.7.010 BENI) CODE 10-13.7.030 ARTICLE VII CONDOMINIUM CONVERSION Section 7.010 APPLICABILITY OF REGULATIONS. Any proposal for a conversion condominium as defined in ORS Chapter 91 shall, prior to approval by the Real Estate Commissioner, comply with Section 7.020 and 7.030 of this ordinance. Section 7.020 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. The site plan shall be reviewed by the Site Plan Committee, and said review shall be based upon the criteria for comparable structures or complexes. Section 7.030 DIVISION OF LAND. Any proposal for a conversion condominium which results in a division of real property shall comply with the provisions of this ordinance. • 0 169 0395 10-13.8.010 BEND CODE 10-13.8.030 ARTICLE VIII STREET DEDICATIONS Section 8.010 APPLICATION. Any person desiring to create a street not part of a subdivision or major partition shall make written application to the Planning Department. Said application shall be accompanied by the required information and appropriate filing fee. Section 8.020 MINIMUM DESIGN STANDARDS. The minimum standards of design and improvements for the dedication of a street shall be the same as set forth in this ordinance for streets within a subdivision, and shall be in compliance with other applicable street standard regulations. Section 8.030 PROCEDURE. Upon receipt of written application and appropriate filing fee for street dedication, the Planning Director shall refer the proposal to the City Engineer or designee for review and recommendation. 2. If access to a County road or state highway is planned, the necessary permits shall be obtained prior to approval. 3. The City Engineer shall report his findings and recommendations regarding the proposed dedication to the Planning Director. 4. Upon receipt by the Planning Director of written findings and recommendations from the City Engineer, the proposal shall be submitted to the City Commission for a public hearing. 5. The only notice required for a hearing under this section shall be by publication. f. Following the hearing, the Commission may accept or reject the proposed dedication. • • • 16-9 m 0396 10-13.9.010 BEND CODE 10-13.9.040 ARTICLE IX ADMINISTRATIVE PROVISIONS Section 9.01.0 FORM OF PETITIONS, APPLICATIONS, AND APPEALS. Petitions, applications, and appeals provided for in this ordinance shall be made on forms prescribed by the City. Section 9.020 HEARINGS. Hearings, appeals, and review shall comply with the provisions of the City of Bend's land use procedures. [Section 9.030 repealed by ORD. No. NS -1360 passed July 21, 1982] Section 9.040 VARIANCES. 1. Upon application the Hearings Body may authorize variances from the standards of this ordinance if, because of special and unusual circumstances relating to the subject property, the literal application of the standards imposed by this ordinance would cause undue hardship. To show that any undue hardship exists, the applicant must establish: A. That special conditions exist which are peculiar to the subject property which make conformance to the standards of this ordinance impractical and/or prohibitively expensive. B. That the variance is the minimal deviance from the standards of this ordinance needed to accomplish the objective. C. That the varied standard(s) will conform to the purpose and objectives of the Bend Area General Plan and of this ordinance and will have no adverse impact on surrounding properties or on the provision of general urban services in the area. 2. The Hearings Body may attach such conditions to any variance granted that will insure the variance meets the objectives of the Bend Area General Plan and of this ordinance and does not have an adverse impact on surrounding properties or on the provision of general urban services in the area. [Section 9.040 added by ORD. No. NS -1360 passed July 21, 1982] 10-13.10.010 BEND CODE ARTICLE X GENERAL PROVISIONS 169 - 0307 10-13.10.080 Section 10.010 PENALTIES. Violation of any provision of this ordinance is a Class A Civil Infraction and shall be enforced through the Bend civil infraction procedure. Section 10.020 VIOLATION DECLARED A NUISANCE. A land division or use in violation of this ordinance is hereby declared a nuisance. Section 10.030 COMPLIANCE WITH OREGON REAI. ESTATE REGULATIONS. Prior to the sale of any lot within a subdivision, a final subdivision plat shall be approved and recorded, and the subdivider shall file a "notice of Intent" with the Oregon State Real Estate Division. Section 1.0.040 CIVIL RELIEF. When any real property is or is proposed to be used, transferred, sold, or disposed of in violation of this ordinance, 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. Section 10.050 ADMINISTRATION OF ORDINANCE. It shall be the duty of the Planning Director or designated representatives to administer and enforce the provisions of this ordinance in such a way as to carry out its intent and purpose. Section 10.060 SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section 10.070 AMENDMENT. This ordinance may be amended or repealed as provided by law. Provided, however, an amendment to the standards set forth in Appendix "A" may be by resolution. Section 10.080 CORRECTIONS. This ordinance may be corrected by order of the City Commission to cure editorial and clerical errors. • 169 -- 8398 ..:� 10-13.10.090 ! BEND CODE 10-13.10.095 Section 10.090 EMERGENCY CLAUSE. Inasmuch as it is necessary for the immediate preservation of the peace, health, safety, and general welfare of the City of Bend and the inhabitants thereof for this ordinance to become immediately operative upon the passage hereof, now, therefore, an emergency is hereby declared to exist and upon the passage hereof by the affirmative vote of all members of the Commission, this ordinance shall become immediately operative. Section 10.095 REPEALER. Ordinance No. NS -591, as enacted May 2, 1962, and as subsequently amended, is hereby repealed upon passage and effective date of this ordinance, except that any part of this ordinance on which a presently pending legal action is or proceeding is based, shall, for the purposes of the action or proceeding, continue in effect until the action or proceeding is terminated. 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