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41-110-Ordinance No. 81-043 Recorded 12/31/1981~ r V;)L 41 PAGE -10 Z .w BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Adopting the Deschutes County Subdivision/ Partition Ordinance, Providing* for Standards and Procedures Repealing Deschutes County Subdivision/Partition Ordi- nance of 1979, Ordinance No. PL-14, Continuing Liabilities,* Declaring an Emergency and Providing for an Effective* Date. ORDINANCE NO. 81-043 FILE IC 198' ROSEM DE SCHUT ,SRYPA CLERIC' THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. That the Deschutes County Subdivision/Partition Ordinance, marked Exhibit "A", attached hereto and by this reference incorporated herein, is hereby adopted. Section 2. That the Findings of Fact, marked Exhibit "B", attached hereto and by this reference incorporated herein, in support of the adoption of the Ordinance adopted herein is hereby adopted as the Findings of Fact of the Board of County Commissioners. Section 3. That Deschutes County Subdivision/Partition Ordinance of 1979, Ordinance No. PL-14, as amended, is hereby repealed. Section 4. The repeal of any ordinance by this ordinance shall not release or extinguish any penalty, forfeiture, nuisance, obligation or liability incurred under such ordinance, unless a provision of this ordinance shall so expressly provide, and such ordinances repealed shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, nuisance, obligation or liability. Section 5. This Ordinance being necessary for the immediate preservation of public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on January 1, 1982. Ordinance No. 81-043, Page 1 x WL 41 PAGE III 7' ' DATED this the day of L , 1981. BOARD OF COUNTY COMMISSIOERS OF CHUTES COUNTY OREGON R BERT C. PAULS N, JR., C rman~ ALBER A YUU~c= (_0 I ATTEST: SUSAN STONEMA CLAY SH. PARD, Comm Recording Secretary 0 sioner Ordinance No. 81-043, Page 2 Vol, 4 FaIF 112 4 f ~ I t i t i DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE of 1981 Ordinance No. 81-043 Exhibit A • ~ f f ~ t I TABLE OF CONTENTS VOL 41 r"ASE ~ Article/Section Page 1. INTRODUCTORY PROVISIONS 1 1.005 Title 1 1.010 Purpose 1 1.020 Interpretation 1 1.030 Construction and Terminology 2 1.040 Definitions 2 2. GENERAL REQUIREMENTS AND SUBDIVISION REVIEW COMMITTEE 9 2.010 Scope of Regulation 9 2.020 Minimum Standards 9 2.030 Sale Prohibited 9 2.040 Delegation 10 2.050 Subdivision Committee 10 2.060 Subdivision Types 10 3. APPLICATION PROCEDURE 10 3.010 Pre-Application Meeting 10 3.015 Application Submission 10 3.020 Scale of Tentative Plan 11 3.025 Informational Requirements 11 3.030 Master Development Plan 13 3.035 Approval of a Master Development Plan 14 3.040 Development Following Approval 14 3.045 Tentative Plan as a Master Plan 14 3.050 Zero Lot Line Subdivision 15 3.055 Approval of Tentative Plan 15 3.060 Required Findings of Approval 16 3.065 Resubmission of Denied Tentative Plans 17 4. FINAL PLAT 17 4.005 Submission of the Final Plat 17 4.010 Submission of Final Plats For Phased Development 17 4.015 Form of Final Plat 18 4.020 Requirements of Survey and Plat of Subdivision 18 4.030 Information on Plat 18 4.035 Supplemental Information with Plat 20 4.040 Technical Review of Plat 22 4.045 Conditions of Plat Approval 22 4.050 Improvement Agreement 23 4.055 Bond or Cash Deposit 23 i x ° r T 5. 6. VJ-L 4 FAPE 114 I 4.060 Final Plat Approval 4.065 Recording of Plat 4.070 Errors in the Final Plat LAND PARTITIONING 24 24 25 25 5.010 Applicability of Regulations 25 5.015 Filing Procedures and Requirements 25 5.020 Requirements for Approval 27 5.030 Improvement Requirements 27 5.040 Application Review 27 5.050 Appeal 27 5.060 Final Map Filing 27 5.070 Extensions 28 5.080 Requirements 28 5.090 Special Partitioning Regulations 29 DESIGN STANDARDS AND IMPROVEMENTS 29 6.010 Compliance Required 29 6.015 Streets 29 6.020 Blocks 32 6.025 Lots: Size and Shape 32 6.030 Lots: General Requirements 33 6.035 General Provisions 34 6.040 Grading of Building Sites 34 6.045 Special Setbacks 35 6.050 Improvements Procedures 35 6.055 Improvements in Partitions 35 6.060 Acceptance of Improvements 36 6.070 Park Development within an Urban Growth Boundary 36 6.080 Park Development Outside an Urban Growth Boundary 37 7. CONDOMINIUM CONVERSION 37 7.010 Applicability of Regulations 37 7.020 Procedure 38 7.030 Division of Land 38 8. STANDARD SPECIFICATIONS FOR DESIGN AND CONSTRUCTION 38 8.010 Introduction 38 8.015 Implementation of Requirements 38 8.020 Additional Design Requirements 38 8.100 Engineering 38 8.110 Road Design 38 8.120 Development Requirements 41 8.130 Private Roads 42 8.140 Drainage 43 ii 41 8.200 Construction 43 8.300 Surveying 47 8.400 Access 48 8.500 Utilities 49 8,600 Financial 52 8.610 Fees 52 8.620 Bonds 52 8.630 Indemnification 53 8.640 Insurance 53 8.700 Design Tolerances 53 8.800 Reserved for Future Expansion 53 9, VARIANCES 72 9.010 Variance Application 72 9,020 Authority of Hearings Officer 72 9.030 Hearings Officer Action on Variance 72 9.040 Variance Procedure 72 10. STREET DEDICATIONS 73 10.010 Application 73 10.020 Minimum Design Standards 73 10.030 Procedure 73 11. ADMINISTRATION PROVISIONS 73 11.010 Form of Petitions, Applications and Appeals 73 11.020 Hearings 73 11.030 Exceptions 73 12. GENERAL PROVISIONS 74 12.010 Penalties 74 12.020 Violation Declared a Nuisance 74 12.030 Compliance with Oregon Real State Regulations 74 12.040 Civil Relief 74 12.050 Administration of Ordinance 75 12.060 Severability 75 12.070 Amendment 75 12.080 Corrections 75 iii VOL 41 FADE 116 1, ~ r DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE ARTICLE I SECTION 1.005 TITLE. This Ordinance shall be known as the Deschutes County Subdivision/Partition Ordinance, and may be so cited and plead. SECTION 1.010 PURPOSE. In accordance with the provisions of ORS Chapters 92, 197 and 215, this Ordinance sets forth the minimum standards governing the approval of land development, including subdivisions and partitionings, as necessary to carry out the Deschutes 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 par- titioning plans, and accomplish to the greatest extent possible the goals and objectives of the Comprehensive Plan for Deschutes County. No person may subdivide or partition land within Deschutes County except in accordance with ORS Chapter 92 and the provisions of this Ordinance. SECTION 1.020 INTERPRETATION. 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 requirements fulfilling such objectives, and the County may impose additional requirements deemed necessary to promote the health, safety and general welfare, and to carry out the Comprehensive Plan of the County. Where conditions set forth herein are less restrict- ive 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. It DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE - 01 r_ r VOL 1 FALE 117 SECTION 1.030 CONSTRUCTION AND TERMINOLOGY. 1. Construction. Words used in the present tense include the future tense; words used in the singular include the plural, and words used in the plural include the singular; the word "shall" is mandatory; the word "may" is permissive; the masculine shall include the feminine and neuter. 2. Terminology. The word "County " shall mean the County of Deschutes, State of Oregon. The words "Board of County Commissioners" and "Board" shall mean the Board of County Commissioners of Deschutes County. The words "Planning Commission" and "Commission" shall mean the County Planning Commission of the County of Deschutes, duly appointed by the Board of County Commissioners. The words "Planning Director," "Director of Public Works," "Assessor," "County Sanitarian," "Hearings Officer," "County Surveyor," "County Clerk," and "Tax Collector," shall mean the Planning Director, Director of Public Works, Assessor, Sanitarian, Hearings Officer, Surveyor, County Clerk and Tax Collector of the County of Deschutes. 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. 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 communication. 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 subdivision or land partition that a reason- able 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. Alley. A narrow way primarily for vehicular service access to the back or side of properties abutting a street. 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. DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE 02 1 t t VOL 1 PAGE 1 18 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 oocupation 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 applicable Zoning Ordinance. Comprehensive Plan. As adopted by the County pursuant to ORS Chapters 197 and 215, and in compliance with Statewide Planning Goals. A coordinated land use map and policy statement of the County that interrelates all functional and natural systems and activities relating to the use of lands, including, but not limited to, sewer and water systems, transportation systems, educational systems, recreational facilities and natural resources and air and water quality management programs. Comprehensive means all-inclusive, both in terms of the geographic area covered by the plan and functional and natural activities and systems occurring in the area covered by the plan. The plan is an expression of public policy in the form of goals, objectives and policy statements, maps, standards and guidelines, and is the basis for this Ordinance and other rules, egulations, 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 improve- ments. 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. Cul-de-Sac. A short street having one end open to traffic and terminated by a vehicle turnaround. Curb Lines. The line dividing the roadway from the planting strip of footway, meaning the inside (street side) of the curb. DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE - 03 1-119 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 any 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 land is not transferred. 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, streat, watercourse, land or reservoir. Forest Purposes. The current employment of land primarily for the purpose of raising or harvesting timber products. Frontage. That portion of a parcel of property which abuts a dedi- cated 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 administrative review. Hearings Officer. A planning and zoning hearings officer appointed or designated by the Board of County Commissioners 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 appur- tenances, sidewalks, street lights, street signs, fire hydrants, sanitary sewers and appurtenances, public water supply and water distribution systems, and other utilities. DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE 04 1 vol - 0 4. Fq;F Interests. Includes a lot or parcel, share, undivided interest or membership which includes the right to occupy land overnight, and a lessee's interest in land for more than three years or less than three years if the interest may be renewed under the terms of the lease for a total period 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 foreclosure or foreclosure 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 dis- position as part of common promotional plan. Lot. A unit of land that is created by a subdivision of land. Lot Area. The total horizontal area contained within the lot lines, such area shall be computed as gross area for lots larger than 2.5 acres and net area for lots 2.5 acres or smaller. The total hori- zontal net area within lot lines of a lot is that square footage of a lot that is free from roads, streets, rights-of-way or easements of access to other property, provided, however, that the Planning Director shall include in gross lot areas all streets, roads and easements of access to other property that would accrue to that lot if the road, street or easement were vacated, and shall treat the gross area of lots that have never been previously described of record as other than fractions of a section as if the section con- tained 640 acres, in cases where a lot is sought to be partitioned. 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, Depth. The average horizontal distance between the front and rear lot lines. 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. DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE - 05 r ` r t ~ V0L 41 FILE 121 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. 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 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 Clerk's 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. 1. 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. 2. 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 DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE U . va 41 PAGE 122 1. 1 l 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 propety 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 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 of residential, commercial and/or industrial structures designed and developed as a single development unit, built by a single owner or group of owners and maintained by an association. the phrase "planned unit development" may be abbreviated "PUD." Plat. A final map, diagram, drawing replat or other writing containing all descriptions, specifications, locations, dedications, provisions and information concerning a subdivision. Potable Water. Water which is sufficiently free from biological, chemical or radiological impurities so that users thereof will not be exposed to or threatened with exposure to disease or harmful physiological effects, and which has such other physical properties as to be reasonable palatable to humans for drinking purposes. Irrigation water shall not be considered potable water for purposes of this ordinance. Preliminary Drawing. A drawing of a proposed major or minor partition. Reserve Strip. "Reserve Strip" means a strip of land usually one foot in width, reserved across the end of a street or alley terminating at the boundary 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 roadway, 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 DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE r~ - 0( VOL 41 PAGE 123 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. 1. Arterial. A restricted access street of substantial continuity which is primarily a traffic artery and so designated by the County. 2. Bicycle Route. A right-of-way for bicycle traffic. 3. Collector. A restricted access street supplementary to the arterial street system used or intended to be used principally for the movement of traffic between arterials and local streets. 4. Frontage Road. A street parallel and adjacent to an arterial providing access to abutting properties, but protected from and protecting through traffic. 5. Local Street. A street intended primarily for access to abutting properties. 6. 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 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. Subdivide Land. To divide an area or tract of land into four or more lots within a calendar year when such area or tract of land exists as a unit or contiguous units of land under a single ownership at the beginning of such year. 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 subdivisions. Tentative Plan. A map setting forth the proposed plan of a subdivision in conformance with the provisions of this ordinance and subject to review and modification. DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE 08 12124 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. Water Supply. A source of water, whether publicly or privately owned, which serves two or more single residences or other uses for the purpose of supplying potable water for drinking, culinary, or household uses. Irrigation water shall not be considered potable water for purposes of this ordinance. 1. "Community Water System" means a public water system which serves at least fifteen (15) service connections. 2. "Non-community Water System" means any public water system serving not more than fourteen (14) service connections or serving water to public or commercial premises which are patronized by an average of at least ten (10) individuals daily at least sixty (60) days each year. 3. "Public Water System" means a system for the provision of piped water for human consumption, if such system has at least four service connections or if it serves water to public or commercial premises which are patronized by an average of at least ten (10) individuals daily at least sixty (60) days each year. A public water system is either a "community water system" or a "non-community wate system". Zero Lot Line. The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line. 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 County Planning Department for approval of the proposed subdivision or par- tition 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 Comprehensive Plan for Deschutes County, the Zoning ordinance, this ordinance, and ORS Chapter 92. Section 2.030 SALE PROHIBITED. No person shall sell any lot created by a land division until final approval of the land division has been granted by the County. Final approval of a land division in a subdivision occurs when the plat of the subdivision is recorded with the County Clerk. DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE - 09 wa 41 u125 L Section 2.040 DELEGATION. The Board of County Commissioners, 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 Type II subdivision procedure, which are defined as follows: 1. Type I Subdivision. A subdivision of land involving more than 10 lots or, if involving 4 to 10 lots, the division involves the creation or extension of an arterial or collector street. 2. Type II Subdivision. A proposed subdivision of land resulting in the creation of 4 to 10 lots and not involving the creation or extension of an arterial or collector street. Section 2.060 SUBDIVISION COMMITTEE. 1. There is hereby established a subdivision committee, which shall consist of: A. The Planning Director or his designee. B. The Director of Public Works or his designee. C. The County Sanitarian or his designee. 2. The Planning Director or his designee 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 con- formance with all applicable regulations and to make recommendations to the Hearings Officer. B. To approve, modify or deny applications for proposed Type II subdivisions and all partitions. ARTICLE III SUBDIVISION: APPLICATION PROCEDURE Section 3.010 PRE-APPLICATION MEETING. Prior to submitting a tentative plan, each applicant or their 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. DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE 10 VOt 41 r~,F 126 1. Any person proposing a subdivision, or his authorized agent or representative, shall include with an application and filing fee for a subdivision, a tentative plan, together with improvement plans and other supplementary material as may be required. A master development plan may also be required in accordance with Section 3.030. The applicant must submit 20 copies of any plan required, together with all required accompanying material to the Planning Depart- ment. 2. The time 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, or as approved by the Planning Department. 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. Name(s), address(es) and phone number(s) of the owner(s) of record, authorized agents or representatives, engineer or surveyor, and any assumed businss names filed or to be filed with the Corporation Commission by the applicant. C. Date of preparation, north point, scale and gross area of the proposed subdivision. D. Appropriate identification of the drawing as a tentative plan for a subdivision. 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. DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE 111 • VL5L 41 Fa~F 12 7 F. Certified copy of the recorded instrument under which the applicant claims an ownership interest, copy of a land sales agreement or similar binding agreement, which binds the applicant in the event of tentative approval. 2. Information Concerning Existing Conditions: A. Location, names and widths of existing improved and unimproved streets and roads within and adjacent to the proposed subdivision. B. Location of any existing features, such as section lines, section corners, 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 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, together with pipe sizes, grades and locations. G. Contour lines related to some established bench mark or other engineering acceptable datum and having minimum intervals of two feet for slopes of less than five percent, five feet for slopes of five to fifteen per- cent, ten feet for slopes of fifteen to twenty percent, and twenty feet for slopes greater than twenty percent. H. Zoning classification of lands within and adjacent to the proposed subdivision. I. Names and addresses of all adjoining property owners. 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. DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE 121 V011 1 FAGS 128 B. Location, width and purpose of all proposed easements or rights-of-way 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 non-residential 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. I. Description and location of any proposed community facility. J. Storm water and other drainage facility plans. K. Proposed deed restrictions, including access restric- tions 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 proposed subdivision as set forth in the tentative plan. M. Proposed fire protection system for the proposed subdivision and written approval thereof by the appropriate serving fire protection agency. Section 3.030 MASTER DEVELOPMENT PLAN. An overall master develop- ment plan shall be submitted for all developments affecting land under the same ownership for which phased development is contemp- lated. 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. DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE 13 4. Overall transportation and traffic pattern plan. 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 street development pattern for adjoining lands to be submitted together with the tentative plan as part of the master development plan for the subject subdivision. SECTION 3.035 APPROVAL OF A MASTER DEVELOPMENT PLAN. The Hearings officer shall review a master development plan at the same time the tentative plan for the first phase is reviewed. The Hearings Officer may approve, modify or disapprove the master plan and shall set forth findings for such decision. The Hearings Officer may also attach conditions necessary to bring the plan into compliance with all applicable land use ordinances and policies. Any tentative plan submitted for the plan area shall conform to the master plan unless approved otherwise by the County. SECTION 3.040 DEVELOPMENT FOLLOWING APPROVAL. Once a master plan is approved by the County, the plan shall be binding upon both the County and the developer. Provided, however, after five (5) years from the date of approval of the plan, the County may initiate a review of the plan for conformance with applicable County regula- tions. If necessary, the County 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 provisions in this ordinance for tentative plans. 2. If the applicant proposed to phase development, he shall provide sufficient information regarding the overall DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE T4 va 1 PAuE 130 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 Sections 4.010 to 4.060. SECTION 3.050 ZERO LOT LINE SUBDIVISION. In addition to the general provisions for subdivision set forth in this ordinance, any applica- tion 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 duplex 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 ease- ments. 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 County Legal Counsel, that establishes the rights, responsibilities and liabilities of the parties with respect to maintenance and use of any common areas of the unit, such as, but not limited to, common walls, roofing, water pipes, 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 site plan approval prior to submission of the final plat. Site plan approval shall be granted only upon a finding that the design, materials and colors proposed for each dwelling are harmonious and do not detract from the general appearance of the neighborhood. 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 Officer following its submittal. DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE 1.5 1 2. Vr 41 F ur B. The Hearings officer shall review the tentative plan and all reports and recommendations of appropriate officials and agencies. The Hearings Officer may approve, modify or disapprove the tentative plan for the proposed subdivision, and shall set forth findings for such decision. C. Approval of the tentative plan shall not constitute final acceptance of the plat of the proposed subdivision for recording; however, approval of such tentative plan shall be binding upon the County for purposes of the preparation of the plat and the County 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. Type II Subdivision: A. The Subdivision Committee shall review the tentative plan and all reports and recommendations of appropriate officials and agencies in accordance with Article XI. 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 recording. However, approval of such tentative plan shall be binding upon the County for the purposes of the preparation of the final plat, and the County may re- quire only such changes in the plat as are necessary for compliance with terms of its approval of the tentative plan for the proposed subdivision and the terms of this ordinance. 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 the County Zoning Ordinance, and be in compliance with the Comprehensive 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, agricultural and forest lands, and other natural resources. 2. The subdivision will not create excessive demand on public facilities and services required to serve the development. DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE 16 1411 1 FACE 1 32 3. The tentative plan for the proposed subdivision meets the requirements of ORS 92.090. SECTION 3.065 RESUBMISSION OF DENIED TENTATIVE PLANS. 1. If the tentative plan for a subdivision is denied, resubmittal thereof shall not be accepted for a period of six months after the date of the final action denying 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. ARTICLE IV FINAL PLAT SECTION 4.005 SUBMISSION OF THE FINAL PLAT. 1. 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 the Hearings Body. If the applicant fails to proceed with the submission before the expiration of the one-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 his designee, 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-year period expires. It shall also be accompanied by the appropriate fee. B. An extension may only be granted in conformance with the requirements of Ordinance No. 81-024. SECTION 4.010 SUBMISSION OF FINAL PLATS FOR PHASED DEVELOPMENT. DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE 17 1 VOL 4 1 FAGE 133 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. 2. The final plats for any subsequent phase shall be filed within three (3) years of 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. SECTION 4.015 FORM OF FINAL 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 County. The plat shall be of such a scale, and the indication of the approvals thereof and the dedication and approval of the Surveyor shall be of such size or type as will be clearly 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 an index page shall be included for plats of three 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 and plat number. 2. Name of owner, applicant 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. The exact location and width of streets and easements intercepting the boundary of the tract. 6. Tract, block and lot boundary lines and street rights-of-way and centerlines, with dimensions, bearings or deflection angles, radii, arcs, points of curvature and tangent bearings. Normal high water lines for any creek, bay or other body of water. Tract boundaries and street bearings DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE - 18 VOL 1 FAGS 34 shall be shown to the nearest second with the basis of bearings. Distances shall be shown to the nearest 0.01 feet. 7. Streets. The width of the streets being dedicated and the curve data shall be based on the street centerline. In addition to the centerline dimensions, the radius and central angle shall be indicated, together with the long chord distance and bearing. 8. 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. 9. Lot Numbers. Lot numbers beginning with the number "1" and numbered consecutively in each block. 10. 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. 11. Public Lands. Public lands, including strips and easements, shall be clearly marked to distinguish it from lots intended for sale. 12. Access Restrictions. Limitations on rights of access to and from streets, lots and other pacels if land. 13. 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. 14. Certificates and Signatures. The following certificates and signatures are required and shall be combined where appropriate: A. A certificate signed and acknowledged by all paties having any record title interest in the land, consenting to the preparation and recording of the plat. 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. DESCHUTES COUNTY SUBDIVISION/,PARTITION ORDINANCE - 19 i VOL 41 FACE 135 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 County Surveyor. Any plat prepared by the County Surveyor in his private capacity shall be approved by the County Surveyor of another County, in accordance with ORS 92.100(2)(3). E. A certificate for execution by the County Assessor. F. A certificate for execution by the County Tax Collector. 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 of such 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 serve notice on that district or company by certified mail, advising the district or company that any objections to the plat, plat or replat must be filed in writing with the board 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 Director of Public Works. I. The signature of the Planning Director. J. A signature of approval by the Board of County Commissioners. K. Other certificates required by state regulations. SECTION 4.035 SUPPLEMENTAL INFORMATION WITH PLAT. The following data, if applicable, shall accompany the plat: 1. Title Report. A 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 marketable title. 2. Record of Survey Plat. Sheets and drawings shall be submitted to the County surveyor and contain the following information: I DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE 20 VOL 41 ~AUE 136 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. 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 subdivision, street corners, and state highway stationing. 3. Deed Restrictions. A copy of any deed restrictions applicable to the subdivision. 4. Homeonwer'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 sewer or water facilities are required as a condition of approval of the final plat, the following shall be required to be submitted with the final plat: 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. 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. DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE - 21 VOL 41 FAL,137 8. Subdivision Adjoining SM or SMR Zones. Any final plat of a subdivision which adjoins an SM or SMR zone must clearly show where such zone is located in relation to the subdivision boundaries. 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. Director and representati, desirable to The Director Surveyor, or property for The Director of Public Works, the Planning the County Surveyor or their designated ves, may make such checks in the field as are verify that the plat is sufficiently correct. of Public Works, Planning Director and County their designated representatives, may enter the this purpose. SECTION 4.045 CONDITIONS OF PLAT APPROVAL. 1. The Subdivision Committee shall determine whether it conforms with the approved tentative plan and 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 an 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 approval being vested with the governing body. 2. No plat of a proposed subdivision shall be approved unless: A. Streets and roads 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 County. C. The plat or map contains provisions for dedication to the public of all common improvements, including, but not limited to, streets, roads, parks, sewage disposal and water supply systems, if made a condition of the approval of the tentative plan. DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE 22 VOL 41 Pn s D. Explanations of all common improvements required as conditions of approval of the tentative plan shall be recorded and referenced on the final plat or map. 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. SECTION 4.050 IMPROVEMENT AGREEMENT. 1. The subdivider may, in lieu of completion of the required repairs to existing streets and facilities, and improvements as specified in the Tentative Plan, request the County to approve an agreement between himself and the County specifying the schedule by which the required improvements and repairs shall be completed. Provided, however, any schedule of improvements and repairs agreed to shall not exceed one year from the date the final plat is recorded. The agreement shall also provide the following: A. A list of all the contractors who will construct or complete the improvements and repairs. B. The cost of the improvements and repairs. C. That the County may call upon the security for the construction or completion of the improvements and repairs, upon failure of the subdivider to adhere to the schedule for improvements and repairs. D. That the County shall recover the full cost and expense of any work performed by or on behalf of the County to complete construction of the improvements and repairs, including, but not limited to, attorneys' and engineering fees. E. That a one year warranty bond shall be deposited with the County following acceptance of the improvements and repairs. Said bond shall be in the amount of ten (10%) percent of the value of the improvements. 2. No building permit shall be issued for any lot of a platted subdivision until the improvements are completed and accepted by the County, unless this provision is waived by the Hearings Body because of the character of the subdivision. 3. The County may reject an agreement authorized by this section for any sufficient reason. 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 DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE 23 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 County Legal Counsel. B. Cash deposit with the County. 2. Such assurance of full and faithful performance shall be for one hundred and twenty (120%) percent of the cost of the improvements and repairs as determined by the County. 3. If the subdivider fails to carry out the provisions of the agreement, the County shall call upon the bond or cash deposit to finance any cost and expenses resulting from said failure. If the amount called upon and realized by the County from the cash deposit or bond exceeds the cost and expense incurred in completing the improvements and repairs, the County shall release the remainder. If the amount called upon and realized by the County from the cash deposit or bond is less than the cost and expense incurred by the County in completing the improvements and repairs, the subdivider shall be liable to the County for the difference. 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, 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. SECTION 4.065 RECORDING OF PLAT. 1. 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 dedica- tion shall pass until the final plat has been recorded. 2. The Planning Director or his representative shall file the approved final plat, including two exact copies thereof as described in subsection (4) of this section, with the County Clerk. 3. No plat shall be recorded unless all ad valorem taxes and all special assessments, fees or other charges required by law to be placed upon the tax roll, which have become a lien upon the subdivision or which will become a lien during the calendar year, have been paid. DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE 24 VOL 41 FACE 140 4. The applicant shall also submit with the final plat two exact copies 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 transparency. The 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 Clerk and shall be certified to him to be an exact copy and then shall be filed in the archives of the County Clerk and Surveyor, and be preserved by filing without folding. The applicant shall provide prints to the County Assessor, County Sanitarian, Director of Public Works, County Planning Department, and the appropriate postal and fire protection agencies, or any other appropriate agency. 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 submitted in the same manner as a final plat, or by sufficient affidavit filed of record identifying the plat by reference and clearly identifying the correction to be noted. ARTICLE V LAND PARTITIONING SECTION 5.010 APPLICABILITY OF REGULATIONS. 1. All proposed land partitionings within the County shall be approved by the County. 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 County Surveyor of another County in accordance with the provisions of ORS 92.100(2)(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 five (5) copies of the documents hereinafter described, in accordance with the prescribed procedures, and the appropriate filing fee, to the Planning Department. DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE 25 ~oL 1 PALE 2. The preliminary drawing shall include the following: A. A vicinity map locating the proposed partitioning in relation to adjacent subdivisions, roadways 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. E. North point, scale and date of map, and property identification by tax lot, section, township and range. 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. 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. Location of all existing buildings, canals, ditches, septic tanks and drainfields. I. Location of any topographical feature which could impact the partition, such as canyons, bluffs, rock outcrop- pings, natural springs, and flood plains. J. Location, width, name, curve radius and grade of all proposed rights-of-way. DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE - 261 VOL 41 ?AGE _L4~ r ~ SECTION 5.020 REQUIREMENTS FOR APPROVAL. 1. No application for partition 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 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, if applicable. 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 thorugh subdivision, or is part of a development pattern having the effect of creating more than three (3) parcels without subdividing. SECTION 5.030 IMPROVEMENT REQUIREMENTS. 1. In the approval of a land partition, the Subdivision Committee shall consider the need for street and other im- provements, 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 in major par- titions shall be dedicated to the public without reservation or restriction. SECTION 5.040 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 5.050 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 XI of this ordinance. FINAL MAP SECTION 5.060 FINAL MAP FILING. Following approval of the preliminary drawing for a proposed partitioning, the applicant shall have, prepared by registered surveyor and submit to the Planning DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE 1 77 VOL 41 FADE 143 Department the final map or drawing for the subject partitioning. Such filing shall be completed within one year from the date of the 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. SECTION 5.070 EXTENSIONS. Requests for partitions shall be reviewed in the same manner provided for in Section 4.005. SECTION 5.080 REQUIREMENTS. 1. Final map or drawing requirements: A. Maps shall be drawn to a scale of one inch per 100 feet, or as approved by the Planning Department. B. Name of the owner, developer and surveyor shall be shown on the map or drawing. C. Date, scale, northpoint, 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 second, and distances to the nearest 0.01 feet. E. An affidavit by the surveyor having surveyed the land involved in a major or minor 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. H. A signature of approval by the Planning Director. I. A signature of approval by the County Surveyor in accordance with Section 5.010(2). J. A signature of approval by the County Sanitarian. K. A signature of approval by the Board of County Commissioners. L. Water rights to be assigned to each parcel shall be indicated on the map or drawing and certification of approval thereof. M. 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. DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE 281 vJL 41 PAUE 144 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 preliminary drawing. B. The final map or drawing is in conformance with the requirements set forth in subsection (1) of this section. C. Each parcel is approved for subsurface sewage disposal if applicable to the intended or offered use. D. All required public utilities are available. E. All conditions of the preliminary drawing approval have been met or guaranteed. F. All proposed or required improvements have been completed and accepted by the County. SECTION 5.090 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. A filing fee shall be required. 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 before the adjustment is reduced below the minimum lot size established by the applicable zoning shall be treated as a partition. ARTICLE VI DESIGN STANDARDS AND IMPROVEMENTS SECTION 6.010 COMPLIANCE REQUIRED. All land divisions shall be in compliance with the design standards set forth in this Article, and in Article VIII. SECTION 6.015 STREETS. 1. General. 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 DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE - 29 VoL 41 w' x.45 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 when adjoining property which is not subdivision, and such streets shall be of a width not less than the minimum requirements for streets set forth in these regulations. 2. Future Resubdivision. Where a tract of land 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 ordinance. 3. Existing Streets. Whenever existing streets, adjacent to or within a tract, are of inadequate width to accommodate the increase in traffic expected from the subdivision or by the County Roadway Network plan, 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 shall determine whether improvements to existing streets, adjacent to or within the tract, are required. If so determined, such improvements shall be required as a condition of approval of the tentative plan. Improvements to adjacent streets shall be required where traffic on said streets shall be directly affected by the proposed subdivision. 4. 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 Article VIII. 5. Reserve Strips. Reserve strips controlling access to streets shall be required when deemed necessary by the Hearings Body. Deeds for reserve strips shall be filed with the final plat. Reserve strips shall be numbered in sequence beginning with lot "A." 6. 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. 7. Marginal Access Streets (Frontage Roads). If a land division abuts or contains an existing or proposed collector or arterial street, the Hearings Body may require marginal access streets, 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 maginal access streets shall comply with appropriate local road standards. DESCHUTES COUNTY SUBDIVISION/P4RTITION ORDINANCE - 301 `JJ, 41 PAGE 1 6 8. 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 80 feet in width, such intervening property shall be dedicated to park or thoroughfare use. The intersections of such parallel streets, where they intersect with streets that cross a railroad, shall be determined with due con- sideration 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. 9. Continuation of Streets. Subdivision streets which constitute the continuation of streets in contiguous territory shall be aligned so that their centerlines coincide. 10. Street Layout. Streets should be oriented on a east-west axis to the greatest extent possible, to ensure solar access for lots within the subdivision. 11. Street Names. Except for extensions of existing streets, no street name shall be used which will duplicate or be confused with the name of an existing street in a nearby city or in the County. Street names and numbers shall conform to the established pattern in the County. 12. Sidewalks. Within an urban growth boundary, 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, or special industrial type districts, the Hearings Body may approve a subdivision without sidewalks if alternative pedestrian routes are available. In the case of streets serving residential areas having single-family dwellings located on lots equivalent to two-and-one-half or fewer dwellings per acre, the requirement of sidewalks shall not apply, provided there is no evidence of regular pedestrian activity along the streets involved. 13. Bicycle Routes. If appropriate to the extension of a system of bicycle routes, existing or planned, the Hearings Body DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE - 31 41 111; 447 ~i may require the installation of separate bicycle lanes within streets and/or separate bicycle paths. SECTION 6.020 BLOCKS. 1. 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. Within an urban growth boundary, no block shall be longer than 1200 feet between street lines. In blocks over 800 feet in length, there shall be a cross walkway of not less than 10 feet in width near the middle of the block. 3. 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 guyline easements along the rear of lots adjacent to unsubdivided land may be reduced to 10 feet in width. 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 6.025 LOTS: SIZE AND SHAPE. The size, width, and orienta- tion 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 are 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 DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE - 32 V~o L 41 F~ F 148 a 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. SECTION 6.030 LOTS, GENERAL REQUIREMENTS. 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. 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 non-residential activities to overcome specific disadvan- tages 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. Within an urban growth boundary, corner lots shall be a minimum of 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. The lines of lots and parcels, as far as is practical, shall be oriented to allow structures constructed on the lots or parcels to utilize solar energy by establish- ing the long axis in the east-west direction permitting sunlight access three hours before and after solar noon. Easements necessary to assure solar access may also be requied for subdivision approval 6. Underground Facilities. Within an urban growth boundary, all permanent utility services 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 subdivision would create less than 10 lots. The subdivision shall be responsible for complying with requirements of this section, and shall: A. Obtain a permit from the Department of Public Works of placement of all underground utilities. B. Make all necessary arrangements with the utility companies and other persons or coporations affected by DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE - 33 YU` L 1 PAGF 149 the installation of such underground utilities and facilities in accordance with the 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 obviate the necessity for disturbing the street improvements when service connections are made. SECTION 6.035 GENERAL PROVISIONS. 1. Lighting. Within an urban growth boundary, the subdivider shall provide underground wiring to the County standards, and a base for any proposed ornamental street lights at locations approved by the affected utility company. 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 approval before the planting is begun. 4. Water/Sewer. Within an urban growth boundary, all sub- divisions shall provide water and sewer lines constructed to County standards and specifications which shall be consis- tent with the appropriate Urban Area Agreement. Water mains and service lines shall be installed prior to the curbing and paving of new streets in all new subdivisions. 5. Individual Wells. In any development where individual wells are proposed, the applicant shall provide documentation of the depth and quantity of water available from a minimum of one well within one mile of the proposed development. 6. Community Domestic Water Supply System. In any development where a community water supply system is required or proposed, plans for the said water supply system shall be submitted and approved by the appropriate state or federal agency. A community water supply system shall be requied where lot sizes are less than one acre or where potable water sources are at depths greater than 500 feet, excepting land partitions. SECTION 6.040 GRADING OF BUILDING SITES. Grading of building sites shall conform to the following standards, unless physical conditions demonstrate the property of other standards: DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE 341 V L 41 PAc,150 1. Cut slope ratios shall not exceed one foot vertically to one and one-half feet horizontally. 2. Fill slope ratios shall not exceed one foot vertically to two feet horizontally. 3. The composition of soil for fill and the characteristics of lots 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 Director of Public Works. In reviewing these plans, the Director of Public Works shall consider the need for drainage and effect of filling on adjacent property. 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 the final plat and included in the deed restrictions. IMPROVEMENTS 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 therefor have been reviewed and approved by the Subdivision Committee or a designated rep- resentative thereof. To the extent necessary for evaluation of a proposed development, such improvement plans may be required before approval of the tentative plan or prelim- inary 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 the Director of Public Works. The Director of Public Works may accept certification of a registered professional engineer consistent with ORS 92.097. Expenses incurred thereby shall be borne by the applicant. 4. Plans. A map showing public improvements shall be filed with the Department of Public Works upon completion of the improvements. SECTION' 6.055 IMPROVEMENTS' IN PARTITIONS. Th.e same improvements may DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE 35 V OIL 41 W" 1-51 be required to be installed to serve each building site of a par- tition as are required of a subdivision. SECTION 6.060 ACCEPTANCE OF IMPROVEMENTS. Improvements shall be considered for acceptance after inspection at the time the improve- ments are constructed. PARKS SECTION 6.070 PARK DEVELOPMENT WITHIN AN URBAN GROWTH BOUNDARY. 1. A subdivider shall set aside and dedicate to the public for park and recreation purposes, not less than 5% of the gross area of said development within the Redmond Urban Growth Boundary, or not less than 8% of the gross area of said development within the Bend Urban Growth Boundary, if the land is suitable and adaptable for such purposes and is generally located in an area planned for parks. 2. The Planning Director 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 County or appropriate park district accept the deed dedicating such land. 3. In the event there is no suitable park or recreation area or site in the proposed subdivision or adjacent thereto, then the developer shall, in lieu of setting aside land, pay into a park acquisition and development fund a sum of money equal to the fair market value of the land that would have been donated under (1) above. For the purpose of determining the fair market value, the latest value of the land, unplatted and without improvements, as shown on the County Assessor's tax roll shall be used. The sum so contributed shall be used for acquisition of suitable area for park and recreation purposes or for the development of recreation facilities. Such expenditures shall be made for neighbor- hood or community facilities within the area of the community that will reasonably benefit the contributing subidivision. 4. Expenditure of Funds. Funds contributed in lieu of park land shall be credited to a park acquisition and development fund, and shall be deposited with the County Treasurer. Such funds may be expended only on order of the Board of County Commissioners for the purpose of acquiring or devel- oping land for park or recreation purposes. SECTION 6.080 PARK DEVELOPMENT OUTSIDE AN URBAN GROWTH BOUNDARY. 1. Outside an urban growth boundary the amount to be dedicated shall be established by determining the maximum potential occupant density per acre (including seasonal). The total amount to be dedicated will be determined by applying the method indicated in the example set forth below: DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE 6 VOL 41 F~IGE Example 15,000 sq. ft. lots = 9 people/acre* 1,000 people divided by 9 people/acre = 111 acres necessary to accommodate 1,000 people 2.5 acres divided by 111 acres = .023 acres 100 gross acre subdivision x .023 = 2.3 acres to be dedicated for park purposes. * Assumes three people per household (1970 U. S. Census) 2. The Hearings Officer shall determine whether a fee in lieu of land dedication is appropriate. The land to be dedicated for park purposes must actually be functional park land. The amount of the in-lieu fee shall be determined by multiplying the amount of land to be dedicated times the per acre most recently assessed value as shown on county tax rolls of the subdivision lots to be sold in the subdivision. Example Ten acre lots require .0075 acres of land for park purposes for each acre of subdivision. A 100 acre subdivision would require .075 acres of land for park purposes. Assuming the lots are assessed at $3,500/acre ($3,500 x .075) the in-lieu fee would be $262.50. 3. Expenditure of funds. Funds contributed in lieu of park land shall be credited to a park acquisition and development fund, and shall be deposited with the County Treasurer. Such funds may be expended only on order of the Board of County Commissioners for the purpose of acquiring or developing land for park or recreation purposes. 4. If the Hearings Officer determines that a planned unit development provides recreational facilities for use by its residents which are equivalent to the pertinent public park standards, then he shall determine that no land or fees be dedicated to the public. 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 Sections 7.020 and 7.030. DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE 371 via 41 FA G E153 SECTION 7.020 PROCEDURE. The applicant shall file with the Planning Department an application for the proposed converstion, together with a filing fee and a detailed site plan, indicating parking, land- scaping, and recreational areas. 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. ARTICLE VIII STANDARD SPECIFICATIONS FOR DESIGN AND CONSTRUCTION SECTION 8.010 INTRODUCTION. The Standard Specifications for Design and Construction contained within this Article are the minimum standards governing construction of roads and other improvements and facilities. SECTION 8.015 IMPLEMENTATION OF REQUIREMENTS. It shall be the duty of the Director of Public Works, or his authorized representative, to implement the provisions and requirements of these standards in such a way as to carry out their intent and purpose. SECTION 8.020 ADDITIONAL DESIGN REQUIREMENTS. The Director of Public Works may impose additional design requirements as are reasonably necessary to protect the interests of the public. SECTION 8.100 ENGINEERING. SECTION 8.110 ROAD DESIGN. 1. General. This section of the Road Standards sets forth the minimum design standards acceptable to the Department of Public Works for new roads or improvements to existing roads. The design of the road is to be prepared by a Registered Engineer and shall conform with the policies of the American Association of State Highway and Transportation Officials (AASHTO), as constituted on January 1, 1982 and as otherwise amended. 2. Road Names. All road names shall have approval of the Department of Public Works, Local Fire Department and the Planning Department. No road name shall duplicate or be confused with the existing road names within the County, except for continuations of existing roads. 3. Bicycle Paths. Bicycle paths shall be designed in accordance with the current standards and guidelines of the Oregon Department of Transportation. 4. Minimum Right-of-Way Width. The minimum right-of-way width is sixty (60) feet unless specified otherwise in Table "A". 5. Partial Width Roads. Partial width roads or half streets shall not be allowed. DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE 38 i S VOL 6. Horizontal Alignment. Horizontal curves and tangent distances shall exceed the minimum standards in Table "A". The centerline of road improvements shall coincide with the centerline of the right-of-way. Superelevation shall be designed in accordance with AASHTO specifications with the maximum superelevation being six (6%) percent. 7. Vertical Alignment. Vertical curves shall be designed to be consistent with and complimentary to the horizontal curves. Minimum vertical curves will be those shown in Table "B". Maximum percent of grade shall be those shown in Table "A". Minimum grade shall be one (1%) percent for all roads, unless a drainage plan is submitted to and approved by the Director of Public Works. Angle points shall not be allowed on grade breaks over one (1%) percent. 8. Intersections. All intersections shall be planned for through traffic on the street with the greatest projected Average Daily Traffic (ADT). The side street shall be at right angles to the main street. Horizontal and vertical alignment for an intersection shall be as shown in Drawing Number D-6. Intersecting streets, including driveways to commercial and industrial properties, shall be separated by at least the following distances when the through road is: Arterial 500 feet Collector 300 feet Local 100 feet Industrial Park 250 feet Primary Access 250 feet To be measured between the intersecting centerlines of the streets or driveways. Valley gutters shall be constructed in accordance with Drawing Number D-3 when intersecting streets are to be curbed. 9. Turn Lanes. When a turn lane is required, it shall be a minimum of fourteen (14) feet in width. Additional right-of-way may be required. 10. Structures. All structures that carry a road or cross over a road shall be designed to have a fifty (50) year life DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE - 391 VOL 41 FAUF 1 55 span. All designs must be approved by the Director of Public Works and other affected public or private agencies. 11. Improvement Plans. A complete set of certified mylar improvement plans shall be approved by the Deschutes County Director of Public Works prior to the start of construction or the signing of the final plat. The improvement plans shall become the property of Deschutes County and will remain at the Department of Public Works. The improvement plans (which shall be twenty-four by thirty-six (24" x 36") shall include, but not be limited to the below listed items: A. A Plan View Showing: 1. Centerline alignment showing points of curve and point of tangent stationing on all curves, necessary curve data and bearing of tangents; 2. Dimensioning necessary to survey and relocate the roadway; 3. Right-of-way lines as shown on the final plat; 4. Existing easements and recording references; 5. Type, location and size of all existing and proposed drainage and irrigation structures and utilities within the right-of-way; 6. Location and type of all existing and proposed signs and barricades; 7. Vicinity map showing the complete roadway network complete with names of roads; 8. Toe of fills and top of cuts; 9. Scale; 10. North arrow; and 11. Stamp and signature of Registered Engineer. B. A Profile Showing: 1. Centerline grades and vertical curves, complete with point of intersection elevations and stations and length of vertical curves; 2. Original ground at centerline and extending five hundred (5001) feet past the construction limits DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE - 40 (and at ditch lines if a significant transverse slope exists); 3. Curb profiles, where curbs are required; 4. Superelevation transition diagrams for horizontal curves if curbs are not required; 5. Type, location and size of all existing and proposed drainage and irrigation structures and utilities within the right-of-way; and 6. Scale. C. Typical Roadway Cross-Section Showing: 1. Width, depth and type of base; 2. Width, depth and type of paving; 3. Curbs, if required; 4. Side slopes; 5. Ditch section; 6. Crown slope; and 7. Utilities. D. Structural and detail plans of all structures, including, but not limited to, bridges, drainage structures, irrigation structures and sewer lines stamped by a Registered Engineer. E. A signature box with spaces provided for County approval and for approval by all affected Utility Companies and Irrigation Districts. F. The developer shall submit, with his proposed improvement plans, an itemized construction cost estimate. This estimate shall include all related roadwork and affected utility installation and/or related relocation. G. Any other information required by the Director of Public Works. SECTION 8.120 DEVELOPMENT REQUIREMENTS. 1. General. All new subdivisions shall have all public roads within the subdivision constructed to a standard acceptable for inclusion in the County Maintained System or the subdivision shall be part of a Special Road District. DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE - 41 ' VOL 1 FAGL 157 . 2. Improvements of Public Right-of-Ways. The developer of a subdivision, partition or site plan will be required to improve all public ways that are adjacent or within the land development. All improvements within public right-of-ways shall conform to the improvement standards designated for the applicable road classification. 3. Primary Access Roads. All new subdivisions shall have a road improved to a paved Primary Access Standard from an existing paved County, City or State maintained road to the subdivision. 4. Secondary Access Roads. When necessary, a secondary access road shall be constructed to the subdivision. Construction to be the same standard used for roads within the subdivision. 5. Stubbed Roads. Any proposed road that terminated at a development boundary shall be constructed with a paved cul-de-sac bulb. 6. Cul-de-Sac. Cul-de-sacs shall have a length of less than six hundred (6001) feet and more than one hundred (1001) feet from the center of the bulb to the intersection with the main road. The maximum grade on the bulb shall be four (4%) percent. 7. Partitions. Roadway improvements within a partition and to a road maintained by a public agency shall be constructed prior to final approval of the partition, depending on the maximum parcel size as follows: A. For a partition with an average parcel size of twenty (20) acres or larger, the minimum roadway section shall be a graded road at least twenty (20) feet wide; B. For a parcel size of ten (10) acres or larger, but less than twenty (20) acres, the minimum roadway section shall be twenty (20) feet wide road with five inches of aggregate surfacing, (cinders are acceptable) the centerline of which coincides with the centerline of the right-of-way; C. For a parcel size of less than ten (10) acres, the road standards used will be the same as for a subdivision. SECTION 8.130 PRIVATE ROADS. The following minimum road standards shall apply for private roads. 1. Minimum roadway width - 20 feet. I DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE - 42 ' J KL t ~ t 2. Minimum radius of curvature - 50 feet. 3. Maximum grade - 12% 4. At least one road name sign will be provided at each intersection for each road. 5. A method for continuing road maintenance. SECTION 8.140 DRAINAGE. 41 FAGE158 1. General. Drainage facilities shall be designed and constructed to receive and transport at least a fifty-year storm frequency of all surface drainage waters coming to and passing through the development. The system shall be designed for maximum allowable development. 2. Curbed Sections. Storm drains within curbed streets shall have a minimum diameter of eighteen (18) inches and shall meet the current "Standard Specifications for Public Works Construction - APWA Oregon Chapter". Catch basins shall be constructed in accordance with Drawing Number D-4. 3. Non-curbed Sections. Road culverts shall be concrete or metal with a minimum design life of fifty (50) years. All cross culverts shall be eighteen (18) inches in diameter or larger. Culverts shall be placed in natural drainage areas and shall provide positive drainage. 4. Drainage Plans. A complete set of drainage plans including hydraulic and hydrologic calculations shall be incorporated in all road improvement plans. 5. Drill Holes. Drill holes are prohibited. SECTION 8.200 CONSTRUCTION. 1. General Specifications. Unless otherwise detailed herein, all roadway excavation, fill construction, subgrade preparation, aggregate base, surfacing, prime coats and paving will be done in accordance with the 1974 Edition of Oregon State Highway Division's "Standard Specifications for Highway Construction", hereinafter referred to as the General Specifications. Whenever these specifications refer to the State, consider that to mean Deschutes County, the appropriate County address, and likewise, references to the Commission or the Engineer shall be taken to mean the Board of County Commissioners or the Director of Public Works. 2. Testing. All testing shall conform to methods described in AASHTO "Materials, Part II, Tests", 11th Edition, 1974, or DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE d 431 VOL 4 FAL;E ~i the Oregon State Highway Division "Laboratory Manual of Test Procedure". 3. Inspection. The Department of Public Works shall be notified two working days in advance of the time for subgrade inspection, two working days in advance of the time for base inspection and two working days in advance of the time for paving inspection. Each stage of construction must be inspected and approved prior to the commencement of the next stage of construction. The final inspection shall be requested seven working days in advance. 4. Handling of Explosives. In Contractor must comply with and the County will in no w non-compliance therewith or injury to persons resulting explosions. the handling of explosives, the Federal, State and local laws, ay be responsible for any for damages to property or from accidental or premature 5. Cooperation with Utilities. The Contractor shall, at least twenty-four (24) hours in advance of performing any work in the immediate vicinity of utility lines, contact the utilities to request the location and marking of buried utility facilities. Deschutes County is covered by the Central Oregon Utility Coordinating Council, which has been set up on a "one call" system for notifying all owners of utilities of work being performed in the vicinity of their facilities. The "one call" system telephone number is 389-6676. 6. Temporary Traffic Control. Temporary protective and directional measures for traffic control shall be in conformance with the Federal Highway Administration's current "Manual on Uniform Traffic Control Devices". The Contractor shall be required to allow one way traffic through the project during working hours. However, one way traffic operatio will not be permitted until such time as the contractor has labor, equipment and materials on the project necessary to proceed without delaying the work. Once one way traffic is established, the Contractor shall perform the construction work in a continuous and efficient manner. The Contractor shall have a person on the job during working hours and on call at all other times, who shall have the responsibility to maintain all directional and warning devices in proper position. The County will be provided with the name and telephone number of said person. 7. Clearing and Grubbing. All work shall be performed in accordance with Section 201 of the General Specifications, supplemented and/or modified as follows: DESCHUTES COUNTY SUBDIVISION/PARTITI.QN ORDINANCE 44 1 ~ M • • y ~ The right-of-way shall be cleared of all fixed objects. However, in developments where traffic safety would not be involved, and a lesser requirement would not create a hazard, the right-of-way shall be cleared a minimum of forty (40) feet or four feet beyond the edge of the shoulder or curb line of the finished road. viz 41 FADE 160 8. Dust Control. This work shall consist of the furnishing and applying of water for the alleviation or prevention of dust nuisance in accordance with Section 233 of the General Specifications. Responsibility for dust abatement will be the Contractor's. Watering will be done when ordered by the Director of Public Works. The Contractor shall supply his own water source. 9. Subgrade Construction. All work shall be performed in accordance with Section 203 of the General Specifications, supplemented and/or modified as follows: Excavated materials not required nor suitable for filling or backfilling, within the limits of the project, will be classed as excess materials and shall become the property of the Contractor at the point of excavation and shall be disposed of by him at a location and in a manner satis- factory to the Department of Public Works. In the event rock is encountered in excavation, the rock will be excavated to a depth not less than six (6) inches below subgrade, and then backfilled with suitable material. Material shall be considered unsuitable for fill, subgrade, shoulders and other uses if it contains organic matter, soft spongy earth, or other material of such nature that compaction to the specified density is unobtainable. No material having a maximum dimension of three (3) inches or more shall be considered suitable for fill material in the top one (1) foot of subgrade, including the fill side slopes. Compaction shall be a minimum of ninety-five (95%) percent of the relative maximum density. 10. Aggregate Base. Crushed aggregate meeting the requirements of Section 703.07 of the General Specifications shall be used. DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE 5 Vol 1 rA M y All work shall be performed in accordance with Section 304 of the General Specifications. In the case of a rural local road or a primary access road, three (3) inch minus cinder aggregate from a source approved by the Director of Public Works is allowable. 11. Asphalt Prime Coat. For all roadway sections using an asphalt penetration macadam, an asphalt prime coat will be applied to the aggregate base in accordance with Section 408 of the General Specifications. The oil will be CRS-2 as specified in Section 702 of the General Specifications. The application rate of the oil shall be 0.60 gallons per square yard. Aggregate shall be applied over the prime coat and shall be 3/4" to 1/2" as specified in Section 703.12 of the General Specifications; and shall be applied approximately at the rate of 0.01 cubic yards per square yard. 12. Asphalt Penetration Macadam. When an oil mat is placed, it shall be applied in accordance with Section 406 of the General Specifications. It shall be equal to or greater than a type 0-9 penetration macadam as shown in Appendix D. 13. Asphaltic Concrete Pavement. Where asphaltic concrete pavement is required it shall be placed in accordance with Section 403 of the General Specifications. The asphalt cement shall be AR-2000. The class of asphaltic concrete shall be Class B. A mix design shall be submitted at least one week prior to paving. 14. Tack Coat. When a tack coat is required by the Director of Public Works, the tack coat shall be applied in conformance with Section 407 of the General Specifications. 15. Portland Cement Concrete Pavement. When Portland Cement Concrete pavement is used, it shall be designed and constructed in accordance with the publications of the Portland Cement Association. 16. Concrete Curb. Where required, Portland Cement Concrete curbs shall be constructed in accordance with Drawing No. D-3 and Section 609 of the General Specifications. The concrete shall be class 3300 as specified in Section 504 of the General Specifications. 17. Sidewalks. Sidewalks shall be constructed with Class 3300 concrete as specified in Section 504 of the General Specifications and in accordance with Drawing No. D-3. Sidewalks shall be not less than five feet wide. 18. Slopes and Backfill. Curb and sidewalk backfill material shall be good quality topsoil. The material shall be spread accurately and smoothly within the public right-of-way. DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE 46 got 41 PA P~ r i Topsoil shall be suitable silty sand from an approved source, containing no rock or gravel larger than 3/4 inch and at least seventy (70%) percent of material passing a No. 4 U. S. Standard sieve size. It shall be free of roots, sticks, seeds and other noxious vegetation. 19. Catch Basins. Catch basins shall be constructed of Class 3300 Portland Cement Concrete and in accordance with Drawing No. D-4. 20. Permanent Traffic Control. Signs shall comply with Appendix B. Signing at intersectios shall be procurred and installed at the expense of the developer. All traffic control devices required by the Director of Public Works shall be procurred and installed by the developer. 21. Final Clean-up. Final clean-up shall consist of pulling the shoulders and dressing of the earthwork side slopes. Any material pulled onto the pavement is to be broomed off. The roadway side slopes are to be raked to remove all equipment tracks and berms. SECTION 8.300 SURVEYING. 1. General. All roads shall be staked prior to construction by a registered land surveyor on the horizontal and vertical alignments shown on the improvement plans. 2. Cuts and Fills more than One Foot. Sections with a cut or fill of more than one foot and any superelevated sections shall be staked every fifty (50) feet or less with: A. Clearing lath; and B. Offset stakes marked with the offset distance and the cut or fill to the subgrade shoulder, except that offset stakes may be the same stakes as the clearing lath; and C. Shoulder lath for the aggregate base. 3. Cut and Fills less than One Foot. Sections with a cut or fill of less than one foot shall be staked every one hundred (100) feet or less with: A. Clearing lath; and B. Offset stakes marked with the offset distance and cut or fill to the subgrade shoulder, except that offset stakes may be the same stakes as the clearing lath; and C. Shoulder lath for the aggregate base, except that DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE 47 VOL 41 s shoulder lath shall not exceed fifty (50) feet between lath in horizontal curves. 4. Curbs. Curb sections shall require offset hubs every twenty-five (25) feet with stakes marked with the offset distance an the cut or fill to the subgrade shoulder and the top of the curb. 5. Centerline Monuments. Centerline monuments as shown on Standard Drawing No. D-5 or other suitable monuments as approved by the Director of Public Works, shall be installed at all centerline intersections of roads, point of intersections where they fall in the paved section, point of curvatures and point of tangencies of each curve and at all centers of cul-de-sacs. All metal caps shall be stamped to identify the monument, i. e. P.I., P.C., P.T., Int., and carry the Registration Number of the Surveyor or Engineer setting the monument. SECTION 8.400 ACCESS. 1. General. Access onto public right-of-way or change in type of access shall require a permit from the Director of Public Works, except when access is granted through the land use permit process. Access shall be denied at locations that do not meet sight distance criteria. 2. Access Restrictions and Limitations. The creation of access onto arterials and collectors is prohibited. In any event, residential access onto arterials and collectors shall not be permitted within one hundred (100) feet of an intersection or the maximum distance obtainable on the parcel, whichever is less. 3. Commercial and Industrial Access. Requirements for commercial and industrial access will be determined by the Director of Public Works in accordance with Section 8.110(8). Safety improvements, including left turn lanes and traffic signals, may be required. 4. Sight Distance. Sight distance (in feet) shall be the lesser of 550 or ten (10) times the posted speed limit (in mph). Sight distance shall be measured from an eye height of 3.75 feet to an object height of 3.75 feet. 5. Access Width. The following are the maximum width of driveways: DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE 48 Type Width Residential 14' Agricultural 20' Commercial/Industrial 35' VOL 41 PAUL 164 6. Culverts. Where culverts are required for driveways, the minimum pipe size shall be twelve (12) inches. 7. Drainage. Driveways shall be constructed in such a manner that water, aggregate or any other substance that is hazardous to the traveling public will not enter on roadway. 8. Construction. Construction of the driveway shall be in accordance with the Oregon Chapter of American Public Works Associations (APWA) Standard Specifications and Drawing No. D-3. SECTION 8.500 UTILITIES. 1. General. In accordance with the provisions of ORS Chapters 374 and 758, this section sets forth the minimum standards governing the placing, relocations, building, maintenance and construction of all facilities and appurtenances, upon public right-of-ways. All utilities governed by these provisions shall be underground unless overhead utilities are permitted as a result of a land use action. 2. Permit. Prior to any work being done in a public right-of-way, a permit shall be obtained from the Department of Public Works. A minimum of two weeks prior to the desired commencement date of the project, the applicant shall deliver to the Department of Public Works the following: A. A completed permit form (see Appendix A) containing the following: 1. Applicant's name, address and telephone number. 2. Name, address and telephone number of the contractor and foreman or other person responsible for the work if different from the contractor. 3. Location of project including: a. Township, Range and Section b. Road Name c. Nearest Intersecting Roads. 4. Type of facility. DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE - 49I VOL 41 PAGE 1 5 5. The proposed starting and completion dates. B. Two sets of constructions plans showing all pertinent construction details. C. A plan for traffic control; in the case of road closure, a proposed detour and/or other method of controlling traffic. D. A bond or cash deposit as required in Section 8.820 of this Article, with an improvement agreement in a form approved by the Director of Public Works. One set of the above-described documents, when approved or approved as corrected shall be signed by the Director of Public Works an returned to the applicant together with any necessary supplemental instructions. The approved documents and supplemental instructions shall become a part of the permit and be binding on the applicant. In granting any permit, the Director of Public Works may attach such other conditions thereto as may be reasonably necessary to prevent damage to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance. Such conditions may include but shall not be limited to: (1) Limitations on the period of the year in which the work may be performed; (2) restrictios as to the size and type of equipment; (3) designation of routes upon which materials may be transported; (4) the place and manner of disposal of excavated material; (5) requirements as to the control of dust, the cleaning of streets, the prevention of noise and other results of offensive or injurious to the neighborhood, the general public or any portion thereof; and (6) regulations as to the use of roads in the course of the work. 3. Construction. A. General. The work to be performed under this permit shall be carried out in accordance with the current "Standard Specifications and Drawings for Public Works Construction" by the Oregon Chapter of the American Public Works Association (APWA). Work authorized by a permit shall be performed between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. Access to private driveways shall be provided except during working hours when construction operatios prohibit provision of such access. DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE 50 VOL 41 PAGF ~ 6 Free access must be provided at all times to fire hydrants. Monuments of concrete, iron or other lasting materials set out for the purpose of locating or preserving the lines of any street or property subdivision, or precise survey reference point, or a permanent survey bench mark within the County shall not be removed or disturbed or caused to be removed or disturbed unless permission to do so is first obtained in writing from the Deschutes County Surveyor. Permission shall be granted only upon condition that the applicant shall pay all expenses incidental to the proper replacement of the monument. B. Excavation. The minimum cover between the top of a buried utility and road or ground surface shall be thirty (30) inches. Where practical, underground utilities shall be jacked, pushed, bored or washed under roads when crossing same. No opening or excavation in any road shall extend beyond the centerline of the road before being backfilled and the surface of the road temporarily restored. No more than two hundred fifty (250) feet of trench, measured longitudinally, shall be opened along a road at one time. Excavated materials shall be laid compactly along the side of the trench and kept trimmed so as to cause as little inconvenience as possible to public travel. All utility facilities shall be located sufficiently ahead of trench excavation work to avoid damage to those facilities and to permit their relocation, if necessary. C. Backfilling and Restoring Opening. All backfilled material shall be compacted to ninety-five (95%) of its Relative Maximum Density when within the roadway to ninety (90%) percent when between the shoulder (or curb) and the right-of-way line. Trenches shall be backfilled as follows: 1. Unimproved roads and area outside roadway: The trench shall be backfilled with the excavated or other suitable materials and the entire backfill shall be compacted in layers of not to exceed six inches by use of a mechanical tamper; 2. Aggregate Surfaces: The top twenty-six (26) inches (thirty-six (36) when the road is an arterial or collector) shall consist of eighteen (18) inches (twenty-eight (28) when the road is an arterial or collector) of granular material consisting of fill sand, pit run gravel or crushed gravel, six inches DESCHUTES COUNTY SUBDIVISION/PARTITON ORDINANCE 51 VOL 41 FAGE 1 67 r of 1-1/2" - 0" crushed rock or gravel base and two inches of 3/4" - 0" crushed rock or gravel. Each layer shall be well-compacted before succeeding layers are placed. 3. Paved Surfaces: After backfilling with crushed rock as required under #2, "Aggregate Surfaces", the edge of the trench shall be painted with hot liquid asphalt and Class "B" hot asphaltic concrete mix shall be placed two inches, or the depth of existing pavement, whichever is greater in compacted thickness, and properly rolled and compacted to grade. The patch shall be placed, finished and maintained to the satisfaction of the Director of Public Works. D. Inspection. The Central Oregon Utility Coordinating Council shall be notified at 389-6676 (collect calls will be accepted) two working days in advance of any excavation. The Department of Public Works shall be notified two working days in advance of the time of backfilling. All inspection costs shall be borne by the Applicant. Such costs shall be based on a schedule of charges on file in the Department of Public Works building, 61150 S. E. 27th Street, Bend, Oregon, 97702 (388-6581). SECTION 8.600 FINANCIAL. SECTION 8.610 FEES. All plan review and field inspection costs shall be borne by the applicant. Such costs shall be based on a schedule of charges on file in the Department of Public Works. SECTION 8.620 BONDS. A. General. When in the opinion of the Director of Public Works an existing public way is endangered by an applicant, said applicant shall be required to file an agreement and security with the County. B. Type of Security. The applicant shall file with the agreement, to assure his full performance thereof, one of the following: 1. A surety bond executed by a surety company authorized to transact business in the State of Oregon in a form approved by the County; or 2. Cash. C. Amount Required. Such assurance of full performance shall be for a sum approved by the Director of Public Works as sufficient to cover the cost of improvements and repairs, DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE 4 52 . including related engineering, inspection and incidental expenses. D. Default Status. If the applicant fails to carry out provisions of the agreement and the County has unreimbursed costs or expenses resulting from such failure, the County shall call on the bond or cash deposit for reimbursement. If the amount of the bond or cash deposit exceeds cost and expense incurred by the County, it shall release the remainder. If the amount of the bond or cash deposit is less than the cost and expense incurred by the County, the applicant shall be liable to the County for the difference. E. The bond shall not be released by the County until one year from the improvement completion date specified by the applicant. F. The bonds shall not be released by the County until County inspectors have inspected the improvements and approved them in writing. SECTION 8.630 INDEMNIFICATION. Licensee shall be responsible and liable for all injuries to other persons or property resulting from any negligence or otherwise tortious acts or omissions of Licensee, its servants or agents. Licensee shall indemnify the County and hold it harmless against any and all claims, demands, lawsuits, injuries, damages or costs, including litigation costs, which the County may sustain by reason of any such acts or omissions. SECTION 8.640 INSURANCE. Licensee shall procure and continue to carry during the term of this License, public liability and property damage insurance in a responsible company, with limits of not less than $1,000,000 combined single limit. SECTION 8.700 DESIGN TOLERANCES. That the Director of Public Works may approve variations in the improvement plans, without the need for a variance, up to plus or minus ten (10%) percent of the standard or design tentatively approved, provided: 1. There is no adverse impact to the public in allowing the variations; 2. The variation promotes the intent and purposes of the ordinances; and 3. There are practical difficulties that will create an unreasonable construction expense that will not result in a significant public benefit. SECTION 8.800 RESERVED FOR FUTURE EXPANSION. DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE 53 ' ~ VOL 41 PAGE rl r•1 rl •--I N N N r"~ N ' as 2• A A A A A A A A A H A c b b b b 4J ( 0 ,n N ~ ~ N ~ ~ U N . ••i i ~ N ? O H O O Ln O Co O O O O ,n • M M ,n u7 00 • O O O O O O O O O O b0 O Ln O ,n O O O O ri P: M N ri d' et N N N d O . y ~ X -C Cd Cd H \O oO O 00 Ln M O (•7 r-1 r-1 N ~ a~ cn a a e a a a a. a. a aNi a. w ~ ~ ~ A M H LLI Ln ~t M -i ~p ~o v ~t N q U N N .0 Q O U v ri 4-4 A to H - - ~ - v - - - ~ - - - •ri 3 O Q d N a V7 O d ~D O \O \O o ^ H " A W ~ a v v Q H 3 A U U U U 4 U U U a a ¢ a ¢ ¢ a a o O A 0 o E-• Cd A - - - - A - - p M ih Cl, Cam, A: M M v N a U) a z (1) w ~ ~ - - - - - - - - - r+ co H a u1 v7 ,n C! N In L O > a d Q N N N Ln Cn N 1 O U w o ao Cd to a 0 4 ao b v v v i v v o :3 k ,.1 x v +J .n 4-4 0 o o o .o o co 0o v .o v Cd U• H cY t7 M N N N N M N 3 a 0 `o .-•C N 4-4 O O O O O 00 O Cd i 00 4-4 U i , o i 3 \.O 3 a O O O y 00 Cd H H ~ N Cd p ri O r i 4) 4J Cd i•) Cd 4) N H ' E U .H U 41 H N W N N b U i Cd 1--4 Cd -3 EE U Cd }i 'y U 4-1 •-C U b rl U Q r i _ N 5 4 a ¢ v a ¢ d v a a Minimum Length of Vertical Curves 1 A.A.&KT.O. pO Hcy 1 . w . Crest Curves von 41 PALE170 20-- b + M .5 ~ ,y Jy f • 1 0 b • .w. w 5 - w 0- 500 1000 1500 2000 2 500 3000 Length Ifeet 1 .Sag Cu rves 1,-r- ,s • w' h M y M 10 • u 0 w 'a 5 Oor a O o Sao 1000 , s 00 2000 2500 3000 Length (feet) 55 APPENDIX A R• -PERMIT- t DESCHUTES COUNTY VuL 41 FACT 171 PUBLIC WORKS DEPARTMENT 61150 S.E. 27th St. Bend, Oregon 97702 PERMIT TO PERFORM WORK IN A PUBLIC RIGHT-OF-WAY (Please type or print all information) a) APPLICANT (Name) (Telephone) (Address) (City) (State) b) CONTRACTOR (Name) (Telephone) (Address) (City) (State) c) LOCATION OF PROJECT: Township , Range Road Name Nearest Intersecting Road d) TYPE OF FACILITY: e) PROPOSED STARTING DATE: Anticipated Completion Date The following must accompany this permit application: - 1. Two (2) sets of construction plans showing pertinent construction details; 2. A plan for traffic control; and 3. A bond or cash deposit with improvement agreement in a form approved by the Director of Public Works. PROVISIONS: All work performed under this permit shall be in accordance with Article 8, Ordinance No. , Deschutes County Subdivision and Partition Ordinance of 1982, and in accordance with any supplemental instructions attached herewith. Page 1 of 2 , Section - 56 VOL 41 ml,,172 This permit is issued by the Director of Public Works subject to the terms and provisions contained herein and attached. This permit is accepted and approved by applicant subject to said terms and provisions. APPLICATION SUBMITTED BY: (Name - Please Print) (Title) SIGNATURE DATE PERMIT APPROVED BY: (Title) EFFECTIVE DATE: Page 2 of 2 57 APPENDIX B VH 41 rAIF 1 1 J 1. GENERAL SIGN STANDARDS All signs shall be manufactured from 0.080 inch thick aluminum stock and shall be mounted onto four inch (4") by four inch (41') by twelve foot (121) pressure treated wooden posts of Standard lumber grade or better. Every sign shall be mounted at approximately a right angle to the direction of, and facing, the traffic it is intended to serve, unless mirror reflection reduces legibility, in which case the sign shall be turned slightly away from the road. Sign posts shall be located not less than six feet (61) nor more than twelve feet (121) from the edge of the road. The top of the post shall be nominally eight feet (81) above the elevation of the near edge of the road. The posts shall _ be painted white. All reflective material shall be 113M Engineer Grade" or approved equal. Signing for subdivisions shall be procured and erected at the expense of the developer. The County will not manufacture, sell, or install any signs, until roads are accepted into the County Maintained System. 2. ROAD NAME SIGNS Road name signs for Public Roads shall have a reflectorized green background and reflectorized white letters. These signs shall be six inches (611) high and of sufficient length to allow the necessary letters to be mounted and to allow for a one and a half inch (1 1/211) margin at each end, but shall not be less eighteen inches (18"), and the corners shall be rounded to a one half inch (1/2") radius. Lettering shall be four inches (4") high. The signs shall not have contrasting borders. Conventional abbreviations for the road type pre- fixes and suffixes (e.g. NW, Ave., Rd., Ct., etc.) are acceptable but shall not be used for the road names. Road name signs shall be mounted, through the use of four inch (411) by four inch (4") metal brackets, onto the top of the sign posts. Brackets shall be #827F 411x4" Post Brackets from Traffic Safety Supply Company or an approved equal. At least one road name sign shall be provided at each intersection for each road. 3. "STOP SIGNS" Stop signs shall have reflectorized red backgrounds and reflectorized white letters and borders, and shall be octagonal in shape. Stop signs shall be mounted so that the bottom edge is a minimum of five feet (51) and a maximum of seven feet (71) above the elevation of the near edge of the road or curb. Stop sign mounted next to a walkway or bikeway shall be mounted at the maximum height. Stop signs, located at an intersection of two or more roads, one or more of which is an arterial, shall be thirty inches (3011) by thirty inches (30") and shall have a one inch (111) border which extends to the edge of the sign. All other stop signs shall be twenty four inches (2411) by twenty four inches (2411) and shall have a three quarter inch (3/4") border which extends to the edge of the sign. 4. "END COUNTY ROAD MAINTENANCE" SIGNS A sign having a legend of "END COUNTY ROAD MAINTENANCE",formed by black letters on a white background, and conforming to the standard drawing, herewith shall be erected on all roads, or at all access points to subdivisions, that are not 58 VOL 41 FACE 174 Appendix B - Page Two ` to b~ maintained by the County. The signs shall not be mounted on the same post on which a stop sign is mounted. 5. STRIPING A cash deposit shall be assigned to the County for the costs of striping, of an amount approved by the County Engineer. 6. ADDITIONAL TRAFFIC CONTROL DEVICES Any traffic control devices deemed necessary by the Director of Public Works shall be procured and installed by the developer and the developer shall supply construction signing in accordance with the MUTCD (Current Manual of Uniform Traffic Control Devices, Federal Highway Administration). 59 1 APPENDIX C VOL 41 PAcE175 . IMPROVEMENT AGREEMENT THIS AGREEMENT, relating to the installation of required improvements to existing public right-of-ways to be constructed in Subdivision, Plat No. hereinafter referred to as "Subdivision," made and entered into this day of , 19 , by and between DESCHUTES COUNTY, OREGON, a political subdivision of the State of Oregon, hereinafter referred to as "County", and hereinafter referred to as "Developer", witnesseth: WHEREAS, Developer is the subdivider of Subdivision; and WHEREAS; the improvements to existing Public right-of-ways for sub- division have not been completed; and WHEREAS, Article 8, Ordinance No. Deschutes County Subdivision and Partitioning Ordinance of 1982, provides that Developer shall enter into an agreement with the County for the completion of the required improvements to existing Public right-of-ways and provide a good and sufficient bond to provide for the completion of the required improvements; now, therefore, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES above mentioned, for and in consideration of the mutual promises hereinafter stated, as follows: 1. That Developer shall complete all improvements in Subdivision as required by the tentative approval of the subdivision plat, and required by Deschutes County Ordinance No. , Deschutes County Subdivision and Par- titioning Ordinance of 1982, and any other Deschutes County Ordinance applicable to the tentative approval of the subdivision plat, on or before 19 2. If the improvements required in accordance with Section 1 above are not completed by the date for completion shown in Section 1 above, County may contract to have the required improvements completed and recover from Developer the full cost and expense of completing said required improvements, together with court costs and attorney's fees necessary to collect said amounts. 3. Subdivider shall pay to County the actual costs incurred in the inspection of the completed improvements. 4. That a bond, a copy of which is marked Exhibit A, or Cash, a receipt for which is marked Exhibit A, attached hereto and by this reference incorporated herein, shall be the security required in accordance with Article 8 of Deschutes County Ordinance No. , Deschutes County Subdivision and Partitioning Ordinance of 1982, and is on file with the Director of Public Works of County. S. County may call upon Developer's bond upon default of this Agree- ment for any and all costs and expenses incurred by County in the completion of the required improvements of Subdivision. If the amount of the bond exceeds costs and expenses incurred by the County, County shall release the remainder, if any, to Developer, subject to Section 7, below. If the amount of the bond is less than the costs and expenses incurred by the County, Developer shall be liable to County for the difference. ` 60 PaaP 1 of 2 VOL 41 FAuE 1 ! U 6. The bond shall be released by County one year after the completion and in$pection of the improvements required to be constructed by Developer in Subdivision. 7. This Agreement shall be signed in triplicate and a copy filed by Developer with the maker of the bond. 8. In the event an action or suit or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this Agreement, County shall be entitled to recover in addition to other sums or performances due under this Agreement, reasonable attorney's fees as the court may adjudge in said action, suit, proceeding, or appeal. DATED this day of , 19 DEVELOPER DESCHUTES COUNTY, OREGON By: NEIL K. HUDSON, Director of_.Public Works, on behalf of the County By: Page 2 of 2 M APPENDIX D: ASPHALT PENETRATION MACADAM TYPE 0-9 0-11 APPROX. TH I C K. 7/8 " 1- 1/4" RATES QUAN. RATES Q UAK SIZE PEF PER SIZE PER PER So Q. MILE S .YD MILE ASPHALT .30 17.60 .35 20.53 10- H AGGREGATE 3/40- I/2" .016 225 11/4'=3/4" .025 352 ASPHALT •25 14.67 .375 22.00 Cf) i 0 Q N AGGREGATE 1/2 - 1/4 ' " .008 113 3/4= 1/2" t " .011 155 I 10 1/4 - .003 42 1/4 I/2 .003 42 a ASPHALT .375 22.00 M 1/2"- 1/4 .00T 99 AGGREGATE 1/4"- "10 .003 42 Q EMULS ASPH. .30 17.60 .30;- 17.60 . LiJ AGGREGATE 1/4"-"10 .006 85 I/4"-010 .006 85 TOTAL ASPHALT TOTAL EMULS. ASPH. - 11/4 - 3/4 .025 352 3/4'.' 1/2" .016 225 v4"- 1/2" 011 155. AGGREGATE 1/2'= 1/4" .009 113 1/2% 1/4" .010 141 V4"- "10 .009 127 1/4"-4r10 .009 127 TOTAL AGGREGATE RAS IC DATA MULSIFIE ' ASPHALT • CUTBACK ASPHALT ASPHALT TYPE OF RC-70 RC-25-0 RC-800 C-3000 ASPHALT AR2000 AR1000 CRS' R8-2 MC-70 MC-250 MC-800 MC-3000 SC-70 SC-250 SC-800 SC-3000 GALS/ TON AT 60•F. 235 238 241 241 253 249 245 241 NORMAL PPLIC. TEMP. 320 285 105 135 140 185 215 255 GALS/TON AT NORMAL 258 259 244 246 261 260 259 258 JAPPLIC. TEMP 2.1 PAGE 77 : 1 I . t 1 621 APPENDIX E APPLICATION AND PERMIT ACCESS, DRIVEWAY AND CURB CUT DESCHUTES COUNTY Mile Post: Township Range ,Section Distance from (and Name of) Nearest Intersect- ing Road Type of Access: Residential Commercial/Industrial Farm Width of Access 14 ft 35 ft. 20 ft Size of Culvert Visibility (office use only) (office use only) Include sketch showing location and type of access, driveway and curb cuts desired. Include in sketch distance to driveways from lot boundaries; driveway widths and curb cut widths. (Use back side of permit for sketch). Applicant hereby applies to the Department of Public Works for access rights and permission to construct driveways and curb cuts at the locations shown in this permit. All work shall be in conformance with Article 8, Deschutes County Ordinance No. Deschutes County Subdivision and Partition Ordinance of 1982. Name and address of Applicant: (Print) (Telephone) Applicant's Signature Date - This permit is issued for the construction as set forth in this permit and access to the Public Road at the points set forth in this permit is hereby granted. PERMIT APPROVED BY: EFFECTIVE DATE: VuL 41 FAUL 1 1 No. (office use only) Road Name: SP/MP/MJP No.: Tax Lot No.: Title Page 1 of 1 6 3 1 VOL 41 PAICF 17 9 ' x Q All AWAI /0 1HOW ~ _ ~ ~ ttww d ~ fr v vI O W z w O t ac r , W ° Q ~ W I I u 3 H W V Q W IX W 4 I F + N1GIA1 1N3PN3AWW M1CIA1 AWAI A 1NWW N ~ F v Q N i tl 1 rI 4 t W J ` o > F F- -J LL • vh/ h WO = ~ y L ( TTT Z o WO f ~1S A~ n JJ~~ t WZ ~ ~ yy~~ O 4 ~ ~ ~y b 3 ~Qy i N< W dl~ Jq 3 h i i b W W ~ < >3 ra RW ~e tl `037 ar r i g o g IV N ~►tO H ~ J pj w _ w R u 7W -7 AM MIMW 64 VOL 41 F ''F ~ at t 3a~ i arM A0 I"PMM a W ° ` • O < U 4 Q W J - n v iV W W O r t x W UW y<j Z ~ U W 0. W f ~ I I ' WOIM liva"IAw HIM* AYM, 016MY a ~ z ► -p ~ , , W 2 C F k ti y i z x 1~ O ~ W Z Y ~ ~ O O F W t G ~ V g t W t t ~ w J d irk t~ w O~ = = J o H ~ F J a u ► F J W ! W W -C y w Q p b W W W ~ Z h-, z < ~ r t1 r O W Q ~ K „ lu < 1 ~ O ~ < W ~ J V < O1 w t ~j y~ V! qFV- t~ ~ Q W t ~ W V T J J ` p o < u Z a W w n H O D~Z 6 5 Vol 41 FACE1 81 wr w r ~ J J W R~ " L Y Y M w o w arorSol • r N w OC F O J \ ! < W W R ~ \ J ~ ~ H' f' ■ W * W 0 ~ : q w Y \ = W t i w •!e > ! t %3 's o i s 7 Z u ~ L Q O F / f' W O 1 0 N t X W O 2 I .:_1. ■ 1 1 'f♦ ~•O I ti 06. Qt J i • it \ r1 W M R• \ t J \ J o j - 661 t F O r o u J Q R t O •9 w F w sw o~ ~w s ~ s! ao yw wr. R Y a s ~ 0 C W t ~ W < r< r ~ O_ W at R N w • s • f i ~ R ~ W M ► \ J w a i t r • f ~ W r J. r • W r ~ u w _ ~ IL : R. s s F s s O W J 0 W W Y ~ Y J O W a ~ N Z ~ r V V 0-3 u 0 ~ N 1 N h o[ r m o M "PI t •O OsN v 1,1 tV N i e M t ~ 14u !V N V z i h ~ d ~ < ~ M O ~ Y h 3 F { e~y O ~ N m O r th i : tr O 2 or rW K O 00 a O j C = = we ON Or rU. 3 d • a. - W N dl 10 W_ ~iJI L~ O H Y r N 1/r1YrA1 N • ~ A 6A 1 VOL 41 PAGE 183 Z cr tl 1 ( 1 _ J 3 0 1 N N ' I ~ ~ U y1 I 1 I f- I 1 I I ~ ` M 1 =7 Y i '-F Ir I i 1 I •c , n 1 1 • ~ by ~ R« , 1 _J m ~a s 0-4 8 (I 68 i .R r~ i ~r ~ k ar st w FA a L L 0 w w 1 S t o S • *7 r 9 J ~w LA4 INN Cii D-48 (2) N QC O g m O O 00 R R ~ Z i i ~Q i 0 O Ix 0 W Q (L z a ~I Q 8 F- 2 a 49 u 4 0 8 w u z t 0 :K 1W- N Q IL N w 1 Q O cr_ -j LLI Q ~ Z Q) M O 4. c M h 2 F. O < .r Z W V q J W w cc 2 u Z O M 70 worn MfZ VOL 41 PAGE 186 F.I.- .1 2 C7 _J J Q a Q ~ V wo ci W ' 2 Y 1 v v m I ~o ~ awc U 4 Z 'lAd 3943 d ' a ~ Z O a a ~ ~ w t W W a / u u LAJ 'j JOE i Y V a in N i+! 1V -od y t O O m Yf O h N < p O ,rf o O n O o N Z W Z J Q J Q z 0 N cc 2 4 a o IK O J ~ O J O J < < < V V W O W W Uf - O y < U at cc 0 O O J J J a Q 1- F- ~ ,q a o s ¢ cr Ir O w i W ~ Q O O V V < t - 7 1I urn .3uW 1% I' . v ~ J f ARTICLE IX VARIANCES SECTION 9.010 VARIANCE APPLICATION. The Hearings Officer may authorize a variance from the requirements of this ordinance. Application for a variance shall be made by petition stating fully the grounds of the application and the facts relied upon by the petitioner. SECTION 9.020 AUTHORITY OF HEARINGS OFFICER. A variance may be granted unqualifiedly or may be granted subject to prescribed conditions, provided that the Hearings Officer shall make all of the following findings: 1. That the literal application of the ordinance would create practical difficulties resulting in greater private expense than public benefit. 2. That the condition creating the difficulty is not general thoughout the surrounding area, but is unique to the applicant's site. 3. That the condition was not created by the applicant. 4. That the variance conforms to the comprehenisve plan and the intent of the ordinance being varied. SECTION 9.030 HEARINGS OFFICER ACTION ON VARIANCE. In granting or denying a variance, the Hearings Officer shall make a written record of his findings and the facts in connection therewith, and shall describe the variance granted and the conditions designated. The Planning Department shall keep the findings on file, and a copy of the variance granted and the conditions thereof shall be recorded with the County Clerk. SECTION 9.040 VARIANCE PROCEDURE. The variance application shall be processed according to the terms of County Ordinance PL-9, and may only be submitted contemporaneously with and as part of, an application for a land division, or with the initial application for a land use action, other than a land division application. DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE 7 ?1 ARTICLE X STREET DEDICATIONS SECTION 10.010 APPLICATION. Any person desiring to create a street not part of a subdivision or major partition shall make written application to the Public Works Department. Said application shall be accompanied by the required information and appropriate filing fee. SECTION 10.020 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 10.030 PROCEDURE. 1. Upon receipt of written application and appropriate filing fee for street dedication, the Planning Director shall refer the proposal to the Director of Public Works or his 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 Director of Public Works 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 Director of Public Works the proposal shall be submitted to the Hearings Officer for a public hearing. 5. The only notice required for a hearing under this section shall be by publication. 6. Following the hearing, the Hearings officer may accept or reject the proposed dedication. ARTICLE XI ADMINISTRATIVE PROVISIONS SECTION 11.010 FORM OF PETITIONS, APPLICATIONS AND APPEALS. Petitions, applications and appeals provided for in this ordinance shall be made on forms prescribed by the County. SECTION 11.020 HEARINGS. Hearings, appeals and review shall comply with the provisions of Deschutes County's land use procedures. SECTION 11.030 EXCEPTIONS. Land partitions and Type II subdivisions may be reviewed and approved or denied administratively if: DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE - 73 VoL 41 P F J.n'(J9 X, 1. A properly completed land partition or Type II subdivision application is filed with the Planning Department. 2. Notice is sent by the Planning Department to all property owners within sixty (60) feet of the subject property and no remonstrances are received within fifteen (15) days of the mailing by the Planning Department. 3. The partition or Type II subdivision complies with all applicable provisions of the County Subdivision and Zoning ordinances. 4. If any remonstrance is received regarding the matter or a proper petition is not filed, an application for a partition or Type II subdivision shall be referred to the Hearings Officer for a public hearing and an additional application fee shall be charged. 5. Decision. In the notice sent under sections (1) and (2) above, the Planning Director shall indicate that the decision shall be posted at the Planning Department for 15 days following the date of the decision. 6. Appeals. A decision under this section shall be final unless a notice of appeal is received in accordance with the County's adopted land use procedures. ARTICLE XII GENERAL PROVISIONS SECTION 12.010 PENALTIES. Violation of any provision of this a Class A civil infraction, and shall be enforced through the Deschutes County civil infraction procedure. SECTION 12.020 VIOLATION DECLARED A NUISANCE. A land division or use in violation of this ordinance is hereby declared a nuisance. SECTION 12.030 COMPLIANCE WITH OREGON REAL ESTATE REGULATIONS. Prior to the sale of any lot within a subdivision, a final sub- division plat shall be approved and recorded, and the subdivider shall file a "Notice of Intent" with the Oregon State Real Estate Division. SECTION 12.040 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. DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE `7 4 _y M M m. `Y J A cv, k SECTION 12.050 ADMINISTRATION OF ORDINANCE. It shall be the duty of the Planning Director or his designated representatives to administer and enforce the provisions of this ordinance in such a way as to carry out its intent and purpose. SECTION 12.060 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 12.070 AMENDMENT. This ordinance may be amended or repealed as provided by law. SECTION 12.080 CORRECTIONS. This ordinance may be corrected by order of the Board of County Commissioners to cure editorial and clerical errors. DESCHUTES COUNTY SUBDIVISION/PARTITION ORDINANCE - 75 1 i i h ~R Exhibit B FINDINGS OF FACT A. Findings 1. The Deschutes County Year 2000 Comprehensive Plan_ lists the following policy on Page 78 relating to the adoption of similar ordinances: "Within an urban growth boundary, city and county land use regulations standards shall be mutually supportive, jointly proposed and adopted, administered and enforced, and plans to integrate the type, timing and location of development of public facilities and services in a manner to accommodate demand as urbanizable lands become more urbanized, and to guide the community's growth." The proposed Subdivision/Partition ordinance is virtually identical to the ordinances adopted by the Cities of Bend and Redmond, and to the extent that these ordinances regulate land use decisions within and without the cities they are mutually supportive and integrate land development between jurisdictions. The proposed ordinance, therefore, is in conformance with the above policy. 2. The Bend Urban Area General Plan on Page 4 lists the following policy: "Standards for development within the urban growth boundary shall be prepared jointly by the city and county." The Comprehensive Plan for the Redmond Urban Area on Page 43 lists the following policy: "Cooperation between the City of Redmond and Deschutes County is essential if the Plan is to be effectively implemented." The proposed ordinance was a joint effort on behalf of the Cities of Bend and Redmond and Deschutes County. The cities have endorsed the ordinance. The ordinance was coordinated by the City of Redmond, and because of similar provisions, provides uniformity inside and outside the city limits of the Cities of Bend and Redmond. 114? 41 ~V:r or 4 k 3. The present County Subdivision/Partition Ordinance, PL-14, is not similar or coordinated with the ordinances of Bend and Redmond. The improvement specifications as well as procedural differences in the ordinances have caused delays in the processing of applications. 4. Portions of the existing ordinance were unclear or unworkable, such as the master plan section and the phasing requirements for subdivisions. The changes in the proposed ordinance eliminate those sections that are unclear and where consistency of application was lacking. 5. Public hearings regarding this ordinance were held to solicit comments from the public. 6. The Deschutes County Planning Commission recommended adoption of the ordinance. B. Evidence 1. The evidence upon which this decision was made is summarized in the record of the hearing.