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35-707-Ordinance Recorded 9/18/1980BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY In the Matter of County Ordinance ) AMENDMENT TO PL -14 ) COUNTY ORDINANCE NO. PL -14 Ll� 5 mr,;. W 4 �vRE,Wt�� Vrv� OF THE STATE OF OREGON',';!' SEP co ` ^ "��r�i "k :•,3 The Board of County Commissioners ordains that County Ordinance PL -14 be amended as follows. New material is underlined; deleted material is contained in brackets. 1. Section 1.070 DEFINITIONS. (17) Curb Lines. The line dividing the roadway from the planting strip [of] or footway, meaning the inside (street side) of the curb. (34) Map. A final diagram, drawing or other writing concerning a major partition. (53) (F) Half Street. A portion of the width of a street sufficient for a safe service temporarily (as approved by the County Engineer), usually along the edge of a subdivision, when the remaining portion of the street is likely to be provided in another subdivision. _Referred to in Appendix A as partial width roads. (G) Frontage Road. A minor street parallel and adjacent to [a] an [major] arterial providing access to abutting properties, but protected from and protecting, through traffic. [(61)] (62) [(62)] (63) [(63)] (64) [(64)] (65) (61) Tentative Plan. A plan for a proposed subdivision in conformance with the provisions of this ordinance and subject to review and modification. 2. Section 2.050 SUBDIVISION COMMITTEE REVIEW FACTORS. (A) [Preliminary plat ITentative plan requirements. -1- rz 35FAZE708 ` 3. Section 3.050 SCALE OF TENTATIVE PLAN. The tentative plan of a proposed subdivision shall be drawn on a sheet 18 x 24 inches or [a multiple thereof] smaller at a scale of one (1) inch per 50 feet for subdivisions up to 10 acres in size, one (1) inch per 200 feet for subdivisions up to 100 acres in size, and for subdivisions of more than 100 acres in size, a scale not greater than one (1) inch per 400 feet. 4. [Section 3.080 SUPPLEMENTAL INFORMATION REQUIRED. The following information shall be submitted with the tentative plan. If such information cannot practicably be shown on the tentative plan it shall be submitted in separate documents accompanying the plan at the time of filing.] [ (1)] [ (2)] [ (3)] [ (4)] [ (5)] [(6)] [ (7)] [ (8)] Section Section Section Section Section Section Section Section 3.060 (K) 3.060 (L) 3.060 (M) 3.060 (N) 3.060 (0) 3.060 (P) 3.060 3.060 (R) 5. Section 4.010 SUBMISSION OF THE FINAL PLAT. (1) Filing Time Period Requirements. Within [six (6)] nine (9) months after the date of approval of the tentative plan for a subdivision, the applicant shall prepare and submit to the Planning Department a final plat that is in conformance with the tentative plan as approved. The applicant shall submit the original drawing, fifteen prints, and any supplementary information required by this ordinance and the Hearings Officer. (2) If the applicant fails to proceed with the subdivision before the expiration of the [six (6)] nine (9) month period following the approval of the tentative plan, the plan approval shall be void. The applicant may resubmit the plan or a new plan together with the appropriate filing fee. (3) The Hearings Officer may, upon submittal of a formal request prior to expiration of the [six] nine month period provided for by subsection (2) of this section, grant an extension of not more than 90 days of the [six (6)] nine (9) month time period set forth in section 4.010(1). 6. Section 4.060 (10) Subdivision Adjoining SM or SMR zones. Any final plat of a subdivision which adjoins an SM on SMR zone must clearly show where such zone is located in relation to the subdivision boundaries. 7. Section 4.080 (2) (F)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. -2- 8.*' Section 5.010 APPLICABILITY OF REGULATIONS. 3 r (3) Any [plat_] 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) and (3) . 9. Section 5.020 FILING PROCEDURES AND REQUIREMENTS. (2) The tentative [plan for partitioning] map or preliminary drawing shall include the following: 10. Section 5.030 (1),(H) If the and location of lots created by 11. Section 5.060 (1) (J) If the of such zone in clearly shown o; partition adjoins an SM or SMR zone, the existence such zone shall be entered on the deeds for all the partition. Dartition adjoins an SM or SMR zone, the location relation to the partition boundaries must be z the final map or drawing. 12. Section 8.030 IMPROVEMENTS IN SUBDIVISION. (8) Street Lights. Within an urban growth boundary [Street] street lights shall be installed, and shall be served from an underground source of supply as feasible. 13. Section 9.020 BOND (1) [Type of Security. The applicant shall file with the im- provement agreement, to assure his full performance thereof, one of the following: a. A surety bond executed by a surety company authorized to transact business in the State of Oregon in a form approved by the County Counsel. b. Cash. (2) Amount Required. Such assurance of full performance shall be for a sum approved by the County Engineer as sufficient to cover the cost of improvements and repairs, including related engineering and incidental expenses and to cover the cost of county inspection.] The subdivider shall file with the improvement agreement, to assure his full and faithful performance thereof, a bond for such sum as is, by the Director of Public Works, deemed suffi- cient to cover the cost of said improvements and incidental expenses and to cover replacement and repair of existing streets and other improvements damaged in the development of the sub- division, and shall be at least one hundred ten percent (110 %) of the cost of the improvements. Such bond shall be executed by a surety company and shall be authorized by the County Counsel as to form. In lieu of said bond, the subdivider may elect either of the following alternatives to assure full and faithful performance. (A) A Time Certificate of Deposit naming Deschutes County as beneficiary shall be placed on file with Deschutes County by the developer or subdivider. -3- 'let ,, TW (B) The subdivider may submit written certification by a bank or other reputable lending institution that money is being held to cover the cost of the improvements and incidental expenses and that an amount approved by the Director of Public Works will not be released until written authorization is received from the Director of Public Works. [(3)] (2) Default status. If the applicant fails to carry out provisions of the agreement and the County has unreim- bursed 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. [(4)] (3) The bond shall not be released by the County until one year from the improvement completion date specified by the applicant. [(5)] (4) The bond shall not be released by the County until County inspectors have inspected the improvements and approved them in writing. Emergency Clause. This ordinance being immediately necessary in order to preserve the health, safety and general welfare of the public, an emergency is declared to exist and this ordinance shat take effect immediately upon adoption. DATED AND ADOPTED this,/ day of 1980. BOARD OF COUNTY COMMISSIONERS First Reading: Second Reading: ATTEST: ROSEMARY PATTERSON County Clerk ALBERT A. YOUNG, Chairman /J /> ROBERT C. P -4- Commis C v� ON, JR., Commissioner