32-937-Ordinance No. PL-14 Recorded 11/1/1979i
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DESCHUTES COUNTY ' CO 0
K
y SUBDIVISION/PARTITION ORDINANCE
OF 1979
ORDINANCE NO. PL-14
f
ENACTED ON THE DAY OF ~ -Q L 1979
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C VOL
32 FACE 938
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DESC
HUTES COUNTY ORDINANCE NO. PL-14
TABLE OF CONTENTS
.
F
Page
Article/Section
INTRODUCTORY PROVISIONS
1
'
1.
'
1
1.010
1.020
Purpose
Interpretation
1
2
1.030
Repealer
Repeal of Ordinances as Affecting
2
1.040
Existing Liabilities
2
1.050
Severability
Construction and Terminology
2
1.060
1.070
Definitions
3
GENERAL REQUIREMENTS AND SUBDIVISION
13
2,
REVIEW COMMITTEE
010
2
Scope of Regulation
13
13
.
2.020
Minimum Standards
Subdivision Review Committee
13
4
2.030
2.050
Subdivision Committee Review
1
Factors
15~
2.060
Executive Committee
APPLICATION PROCEDURE
16
3.
t
3.010
Application Submission
s for Approval
di
i
16
16
3.020
ng
n
Required F
Outline Development Plan
17
3.030
040
3
Tentative Plan Required
19
19
.
3.050
Scale of Tentative Plan
Informational Requirements
19
3.060
Supplemental Information Required
21
3.080
085
3
Master Development Plan
223
4
.
100
3
Specific Approval Requirements
i
26
.
110
3
ve
Resubmission of Denied Tentat
.
Plans
27
4.
FINAL PLAT
1
010
4
Submission of the Final Plat
27
27
.
4.020
Form of Final Plat
Requirements of Survey and Plat
28
4.030
of Subdivision
28
4.040
Monumentation Requirements
29
'
4.050
4.060
Information on Plat
Supplemental Information with Plat 33
4.070.
Technical Review of Plat
proval
f Plat A
33
4.080
p
Conditions o
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VOL
32
Fpu
939
Article/Section
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p-~e
4.100
4
110
Final Plat Approval
36
'
.
4.12Q
Recording of Plat
Filing Plat with State
36
37
LAND PARTITIONING
5.010
5
020
Applicability of Regulations
38
.
5.030
Filing Procedures and Requirement
Requirements f
A
s 38
i
_ 5.040
5
050
or
PProval 39
Additional Factors to be Considered 40
.
5.060
Improvement Requirements
Final Map or D
.
i
40
;
raw
ng for
Partitioning
41
-
5.070
5
080
Application Review
42
.
Appeal
5.090
5
100
Special Partitioning Regulations
42
42
,
.
Partitioning for Financial Purposes
43
6•
DEDICATION OF STREETS NOT PART OF
A SUBDIVISION
45
6.010
_
Application
6,020
6
030
Minimum Design Standards
45
45
.
Procedure
45
7•
-
DESIGN STANDARDS
47
7.010
7
020
Compliance Required
47
.
Streets
7.030
Blocks
47
7.040
Building Sites
50
'
7.050
7
060
_Grading of Building Sites
51
52
.
7.070
Special Setbacks
Large Building Sites
52
7.080
7.110
Land for Public Purposes
s
52
52
7.120
old Waste
Public Utilities
54
7.130
Fire Hazards
54
54
8•
IMPROVEMENTS
55
8.010
8
030
Improvement Procedures
55
.
8.040
Improvements in Subdivisions
Improvements i
55
,
8.060
n Partitions
Acceptance of Improvements
57
8.070
Building Permits
57
57
9.
IMPROVEMENTS GUARANTEE
9.010
9
020
Agreement for Improvements
58
'
.
Bond
Sg
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rVOL
M E940
Pie
Ar'tiCle/Section
ES
59
10 .
VARIANC
10.010
Variance Application
officer
59
59
10.020
Action of Hearings
Hearings Officer Action on Variance
59
10.030
11.
ADMINISTRATION AND APPEALS
60
11.010
Basis of Disposition
60
60
11.020
Appeals
i
60
11.070
080
11
es
Penalt
Violation Declared a Nuisance
60
.
11.090
11.110
Enforcement
Compliance with Oregon Real Estate
60
60
Regulations
60
11.120
Civil Relief
61
11.130
Administration ordinance
61
11.140
Severability
61
f 11.150
Amendment, Repeal
6~
11.160
Corrections-
Clause
61
11.170
Emergency
r
APPENDIX "A"
MINIMUM STANDARDS FOR ROADS WITHIN
NOT WITHIN A SUB-
62
A SUBDIVISION OR
DIVISION REQUIRED FOR CONSIDERATION
BY DESCHUTES COUNTY FOR ACCEPTANCE
AS "COUNTY ROADS"
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_VO~ 32 PAGE 941
IN THE BOARD OF COUNTY. COMMISSIONERS OF THE STATE #
OF OREGON FOR DESCHUTES COUNTY
AN ORDINANCE PROVIDING
S
]
UBDIVISION AND
"PARTITIONING ]
r
STANDARDSIAND PROCEDURES ]
f
FOR DESCHUTES COUNTY, OREGON
AND REP ] COUNTY
EALING COUNT
Y ORDINANCES] ORDINANCE NO. PL-14
NO. PL-2 and PL-7
. ]
Pursuant to the authority vested
Commissioners by Ore
d of County
on R
B
g
evised St t tes,
Cha
pte 197 and 215, the following ordinance i
rs 92,
s enacted
ARTICLE 1
.
INTRODUCTORY PROVISIONS
E Section 1.010. PURPOSE. In accordance with the pro-
visions of O.R.S. Cha-
P
92,
197 and 215, this ordinance
,sets forth the minimum standards governing
subdivisions and
the
approval of
Partitions
within Deschutes County as
e
_
n
cessary to carry out the
County's comprehensive
plan and to promot
health
th
e
, safet and
e public
y general welfare.
The purpose of these
provisions and regulati
ons is to;
(1) Ensure that subdivision and partition develop-
ment will provide liveabl
e neighborhoods with
needed amenities and facilities.
(2) Encourage development in harmony with the natural
.environment and within
resource carrying capa-
cities.
(3) Improve land records and boundary monumentation.
Section 1.020. INTERPRETATION. The provisions of
this ordinance shall be
construed to effect the purposes
s-et_ forth in Section 1.010 of thi
s ordinance. These
pro-
visions are declared to be the minimum requirements ful-
filling such objective
s, and the County may impose addit-
ional conditions necessary to
r
p
omote the health safety
and general welfare, and to
carry-out-the comprehensive
plan,
conditin
e
are less restrictive than
s set forth mparative conditions himp
co
by any other provision
osed
s of any other local ordinance
resolution or regulation, or b
__statute_or_regulaton Y Provision of state
the
more restrictive shall govern..__._
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VOL ^ J f
Section 1.030. REPEALER. The following ordinances
together with all amendments thereto are hereby repealed:
Deschutes County Subdivision Ordinance No PL-2 and. PL-7.
`
Section 1.040. REPEAL OF ORDINANCES AS AFFECTING
EXISTING LIABILITIES. The repeal,
! express or implied, of any ordinance by this ordinance
shall not release or extinguish any duty, condition,
penalty, forfeiture, or liability incurred under such ord-
inance, unless a provision of this ordinance shall so -f
expressly provide, and such ordinance repealed shall be
treated as still remaining in force for the purpose of sus-
taining any proper.action or prosecution for the enforce-
ment of such duty, condition, penalty, forfeiture, or
liability, and for the purpose of authorizing the prosec-
ution, conviction and punishment of the person or persons
who violated the repealed ordinance.
I
Section 1.050. SEVERABILITY. The provisions of this
` ordinance are severable. If any section, sentence, clause,
or phrase of this ordinance is adjudged to be invalid by a
ofshall
court of competent jurisdication that decision
i:his not
affect the validity of the remaining portions
ordinance.
Section 1.060. 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 Comm-
issioners 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", "County Engineer",
"Assessor", "County Sanitarian", "Hearings
Officer", "County Surveyor", "County Clerk",
and "Tax Collector" shall mean the Planning
Director, Engineer, Assessor, Sanitarian,
Hearings officer, oftherCounty County Clerk
' Tax Collector - 2 -
' VOL 32 PACE 743
Section 1.070. DEFINITIONS. As used in this ordinance
the following word and phrases shall mean:
t
(1) Access. The right to cross between public and
private property allowin
ed
g p
estrians and vehicles
to enter and leave property.
'
(2) Advertisincr. Publication or causing to be
published ,
of any material relatin
t
di
g
o
sposition of interests'
in a land development
which h
,
as been prepared for
public distribution by any means of
communication.
(3Affected Governmental Bod . A city
co
,
unty, state
f or federal agency or special district which either
has a jurisdictlba
al;. interest or is of such
pro-
ximity to the land partition that a
reasonable like-
lihood of annexation exists.
t (4) Affected Person. An
y person adversely affected or
aggrieved by a decisi
on relating to the
of land. partitioning
(5) Agent. Any person who represents
other or acts for
any
person in disposing of interests in a land
i development
,
includes a real estate broker as
defined in ORS 696.010(12)
b
t
u
does not include an
attorney at law whose representation of
another
person consists solely of rendering legal services.
(6) Alleev. A narrow way primarily for v
access to the back
u
~
e
or side ofproperties
street.
abutting
a
~
7 B
( ) lock. An area of land bounded by streets or by a
combination of
.
streets and public
railroad rights-of-wa Parks, cemeteries,
lines of waterways, or corporate boundary lines
a city. Y es of
(8) Buildin . A. structure which
able for the habitatio
s
n
a
t-
n orshelter
of
human
beings
or animals or the shelter
or storage of pro ert
or for the use and occupation for
p y
some
trade or manufacture. Purpose of
(9) Building Line A line on a plat indicating the
limit beyond whi
h
,
c
buildings or structures may not
be erected. If no line is show
n on the plat, the
building line shall be that set forth i
r
n the County
Zoning Ordinance.
(10) Community Water Supply System.
supply sour
ce or distribution system which serves
more than three single residences o
r other users
for the purpose of supplying water for household
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"von 32 FACT 944,
uses, but is neither a municipal water supply system
nor a public utility water' supply system.
(11) Comprehensive Plan. As adopted by the County pursuant
to ORS Chapter 197, ORS 215.050 and 215.060, and in
compliance with Statewide Planning Goals. A coor-
:`.dinated 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, recre-
ational facilities and natural resources and air and
water quality management programs. "Comprehensive"
means all-inclusive, both in fans of the geataphic
area covered by the plan and functional in the area nau
activities and systems occurring
ered by the plan. The plan is an expression of
public policy in the form of goals, objectives and
policy statements, maps, standards and guidelines,
and is the basis for this ordinance and other rules,
regulations and ordinances which are intendedplan.
implement the policies expressed through th (12) Construction Plans. The plans, profiles, cross-
sections and drawings or reproductions thereof,
approved by- a registered professional engineer,
which show the details of the work to be done on
improvements.
1
I
(I3) Conti ug ous• ~~atwhich touches
touchesoancomt~onlpointing
that which only connects or
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.
(14) Contiguous Land: Units of lanofu der the sameeowner
ship which abut, irrespective
or rights-of-wag.
(15) County Engineer. The individual appointed or de-
signated by the Board of County Commissioners to
serve as Deschutes County Engineer.
(16) Cross-Section. A profile of the ground surface
perpendicular to the centerline of a street, stream
or valley bottom.
(17) Curb Lines. The line dividi g. thetroa ay from the
planting strip of footway,
(street side) of the curb.
(lg) Developer. Any person, corporation, partnership or
other legal entity who creates or proposes of create
a land development; includes any agent
-eloper
- 4 -
VOL 32,
PAGE 945
(19) D 1 Sp0 S i t i n„ - - _ -
Includes sale
one year, option, assignment. lease for more than t
as a prize, or any offer or solicid byorilottery or
to do '
an y of the foregoing an Offer'
t lopdo or an g concerning a land deve-
y part of a land development.
(20) Drainage Easement j
age ditches, or re uAreda along required for drain-
...water course to q g a natural stream or for the flow of preserve the channel, to provide
public against water therein, and to safeguard, the
erflood damage or the accumulation of i
surface water.
(21) Fasement.
A grant of the right to use
parcel of
land for specific Purposes, but in which ownership
of the land is not transferred.
(22) Executive Committee. See Subdivisi
i
Committee .
on Review
(23) Final Drawin r
The final plan for a minor
(24}.Final Map Partition'.
The final-plan -for
a major partition.
(25) Fire Break.
A break in the ground cover fuels as
specified by the fire
protection agency involved.
(26) Flood.
An overflow of water onto lands not normally
covered by water.
(27) Flood Hazard Area.
lowlands adjoin' n The relatively flat area or
watercourse9 the channel of a river
, land, or reservoir. • stream,
(28) Forest Purposes,.
The current employment of land
Primarily for the'_purpose of raising or harvesting
timber products. (29) Frontage. All pro e
street and measuredalonfrthe st on one side between
a
intersectin g the street lines,
g and intercepting streets of between
a street and right of wayr waterwayr end of a dead-
.end or city boundary.
(30) Improvements. Include
streets, alle s , but are not limited to,
surface y , curbs, gutters, roadbed, road
, storm drains and a
street lights, street- si ppurtenances, sidewalks,
sewers and appurtenances, gns, fire hydrants
water dind isystems Public water su sanitary
ly and
and other utilit
ies.
(31) Interest. Includes a lot or
rcel
undivided interest or membership which includes the
interest in land t for land
moaeovernight, and a r
lessee's
than three years or
_ less
J
I
(33) Lot. A unit of land created-by a subdivision
of land, intended as a unit for dispos-
ition, transfer of ownership or interest, or for
development.
(A) 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 or smaller. The total
horizontal net area within lot lines of a lot is
that square footage of a lot that is free from
roads, streets, rights-of-way or easements of
access to other property, provided, however,
that the Planning Director shall include in
gross lot areas all streets, roads and ease-
ments of access to other property that would
accrue to that lot if the road, street or ease-
ment 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 contained 640 acres, in cases
where a lot is sought to be partitioned.
(32) Land Development. The subdividing or partitioning of
land for any purpose into parcels or the creation of.
units or parcels for the purpose of sale or lease
for a term.of one year or more. Includes intent to
dispose of any land, whether contiguous or not,
including any land divided, lots, parcels, units or
interests offered as a part of a common promotional
plan of advertising by a single developer or a group
of developers acting in concert. If the land is
contiguous or is known, designated or advertised as
a common unit or by a common name the land shall be
presumed, without regard to the number of lots
covered by each individual offering, to be offered
for disposition as part of common promotional plan.
ryot 32 naW
than three years if the interest may be renewed under
the terms of the lease for a total period more than
three years. Interest does not include any interest
in a condominium as defined in ORS 91.500 (22) 'or any
security interest under a land sales contract,:
trust deed or mortgage. Interest does not include
divisions of land created by lien foreclosures or
foreclo-sures-: of recorded contracts for the sale of
real property.
(B) Lot,Corner. A lot abutting two or more streets,
other.-than alleys, at their intersection, pro-
vided the angle of intersection of abutting
streets does not exceed 135 degrees.
(C) Lot Depth. The average horizontal distance
between the from and rear lot lines.
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VOL 32 FAF 947
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(D) Lot Line. The property line bounding a lot.
(E) Lot Line, Front. The lot line separating a lot
from a street other than an alley. In the case
,
of a corner lot, the longest lot line along a
street other than an alley.
(F) Lot Line, Rear. The lot line opposite and most
distant from the front:~_O_t line. In the case of
an irregular, triangular, or other odd-shaped
lot a line 10 feet in length within the lot,
pa:railelto and at a maximum distance from the
4
front lot line.
(G) Lot line, Side. Any lot line other than a
{
front or rear lot line bounding on a lot.
(H) Lot, Through or Double Frontage. A lot frontage'
on two parallel. or approximately parallel
}
streets other than alleys.
'
(I) Lot Width. The average horizontal distance
between the side lot-lines, measured at right
,
p
angles to the lot depth. at a
point midway
between the front and rear lot lines.
(34)
Map. A final diagram, drawing or other writing
concerning,a partition.
(35)
Monument. A permanent and fixed survey marker
'
conforming to the requirements established by
state law and the regulations of Deschutes County.
(36)
MUTCD. Manual of Uniform Traffic Control Devices,
Federal Highway'Administration.
(37)
Municipal Water Supply System. A water supply source
and.distribution system owned and operated by a city
or county or special
-
district or other public corporation which has
independent tax-levying powers to support the system
and which supplies water to a total of 1,000 or more
households.
(38)
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.
(39)
Offer. Includes every inducement, solicitation or
encouragement of a person to acquire a lot, unit,
parcel or interest in land.
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VOL S
F t -
(40) 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 or record
as shown on the last available complete tax assess- '
I _ment roll or county clerk's records. Does not
include an interest created for security purposes.
(41) Parcel. A unit of land created by a partitioning of
land.
(42) Partition. The act of partitioning land or an j
area or tract of land partitioned. _
i
(A) Major Partition. A partition which includes
the actual creation of a road or street..
(B) Minor Partition. A partition which does not
require the creation of a road or street..
I (43) Partition Land. To divide an area or tract of. land
into two or three parcels within a calendar year
when such area or tract of land exists as a unit
_ or contiguous units of land under single ownership
at the beginning of such year. Partition land
does not include divisions of land resulting from
the creation of cemetery lots; partition land does
not include any 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 any applicable zoning ordinance. A lot line
adjustment shall be defined as an alteration which
1
does not create:a tax lot.additional to those
existing in the'subject area or tract of land at
the beginning of the calendar year in which the
adjustment is made. Partition land does not include
divisions of land resulting from lien foreclosures or
division of land resulting from foreclosure of
recorded contracts for the sale of real property
I .Partition land does not include
the sale of a lot in a recorded subdivision even
'
though the lot may have been acquired prior to the
sale with other contiguous lots or property by a
'
single owner.
(44) Person. A natural person, firm, trust, partnership,
association, social or fraternal organization, cor-
poration, trust estate, receiver, syndicate, branch
of government, or any group or combination acting
as a unit.
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VOL 32PACE949
(45)
Planned Development. The development of an area of
land as a single entity for a number of dwelling units
or a number of uses, according to a plan which does
not necessarily correspond in lot size, bulk or type
of dwelling, density, lot coverage or required open'
space to the standard regulations otherwise required
.
by this ordinance.
(46)
Plat. A final map, diagram, drawing repl,at or other
writing containing all descriptions, locations, spec-
ifications
d
di
,
e
cations, provisions and information
t
concerning a subdivision.
(47)
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 ef-
fects, and which has such other physical properties
as to be reasonably palatable to humans for drinking
r
pu
poses. Irrigation water shall not be considered potable
'water for
(48)
purposes of this ordinance.
Preliminary Drawing. A drawing of a
r
L
p
oposed minor
partition.
(49)
Public Utilities Water System. A domestic water supply
source and distribution system supplying water for
household uses, owned and operated by a person subject
to regulation by the Public Utility Commission of
'
Oregon, and supplying water to a total of 500 or more
households.
(50)
P
b
i
u
l
c Water System. A system for the provision to the
public of piped water for human consumption, if such
-system has at least 15 service connections or regular-
'
ly serves at least 25 individuals.
(51)
Reserve Strip. A strip of property contiguous to a
public way which is offered to the County for street
purposes,which offer is not accepted by the County
until additional adjacent right-of-way is acquired
by the County,and across which the access rights are
'
abandoned until such time as the additional adjacent
right-of-way is acquired by the County.
(52)
Right-of-way. The area within the boundary lines of
t
a street, road or other easement.
(53)
Road or Street. A public or private way actually created
to provide ingress or egress for persons to one or more
lots
parcels
area
,
,
s or tracts of land, excluding a
private wa
y created to provide ingress or egress to
such land in conjunction with the us
f
'
e o
such land
for forestry, mining or agricultural purposes.
- 9 -
1 VOL 32 FACE 950
(53)
(A) A11ey. A narrow street through a block, primar-
ily for vehicular service access to the back or
side of properties abutting another street.
i
(B) Arterial. A restricted access street of substan-
tial continuity which is primarily a traffic ar-
' tery for inter-communication among large areas,
and so designated by the County.
CC) Bicycle Route. A right-of-way for bicycle traffic.
(A) Collector. A street supplementary to the arterial
street system used or intended to be used princi-
pally for the movement of traffic between arterials
and local streets and roads within the county.
(E) Cul-de-sac. (dead end street) A short street
d b
i
y
nate
having one end open to traffic and term
a vehicle turnaround.
(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.
'
l and ad-
ll
e
(G) Frontage Road. A minor street para
jacent to a major arterial providing access to
abutting properties, but protected from and
protecting,through traffic.
(H) Marginal Access Road. A-frontage road.
(I) Local Street. A street intended primarily for
access to abutting properties.
(J) Stubbed Street. A street having only one outlet
for vehicular traffic and which is intended to be
extended or continued to serve future subdivisions
or developments on adjacent lands.
(54) Roadway. That portion of a street or road right-of-
way developed for vehicular traffic.
(55) Sidewalk. A pedestrian walkway with permanent sur-
facing.
(56) 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. In-
cludes 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
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VOL 32 Facf 951
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agents.
F
(57)
~
Subdivided Land and Subdivision. Improved or unim-
proved area or tract of land divided, or created into
interests or sold under an agreement to be subsequently
,
divided or created into interests, for the purpose of
sale or lease, whether immediate or future, into 4 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. Subdivided land does not include the sale of a
lot in a recorded subdivision or an approved partition:
'
even though the seller of the lot may have owned other
contiguous lots or property prior to the sale; said '
lot,, however, must be sold as platted and recorded.
,
(58)
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 in-
'
elude a public agency or officer authorized by law to
make subdivisions.
(59
)
Subdivision Review Committee. A committee as set forth
in subsection 2.030 to review subdivision and other
development proposals.
'
(A) Executive Committee. A subunit of the Subdivision
Review Committee, established in subsection 2.060.
(60)
Tentative Man A mA -setti- f
I II g orth the proposed plan
or a aj -partitioning in conformance with the pro-
visions of this ordinance and subject to review and
modification.
(61) Use. The purpose for which land or a structure is
designated, arranged or intended, or for which it
is occupied or maintained.
(62) Utilities. -Include electric, telephone, natural
gas and other services providing for energy or
communication needs.
(63) Variance. An authorization for the construction or
maintenance of a building or structure, or for the
establishment or maintenance of a use of land, which
is prohibited by a zoning ordinance.
(A) Area Variance. A variance which does not concern
a prohibited use. Usually granted to construct,
alter or use a structure for a permitted use in
a manner other than that prescribed by the zoning
or other applicable ordinances.
- 11 -
Vol 32 FACE 952
(B) Use variance. A variance which. permits a use
of land other than that prescribed by the zoning
or other applicable ordinances.
{64) Eater 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 po-
table water for purposes of this ordinance.
,
- 12 -
~VOL 32 PAU,953
ARTI
CLE 2.
GENERAL REQUIREMENTS AND SUBDIVISION REVIEW
r
COMMITTEE
S
ti
2
ec
on
.010. SCOPE OF REGULATION.(1) 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 sub-
division or-partition in accordance with the requirements
.and procedures established by this ordinance.
(2) No person shall undertake the acts prohibited by
ORS 92.025 within the unincorporated area of Deschutes
County without making application as required in subsection
(1) of this
section and receiving approval as provided
elsewhere herein.
(3) No
person shall undertake the acts prohibited by
ORS 92.025 without complying with any and all conditions'
- lawfully imposed upon the grant of an application.
~
Section 2.020. MINIMUM STANDARDS. No proposed
.
subdivision shall' be approved unless it complies with the
comprehensive plan for the county, the applicable zoning
and ORS Ch
t
9
ap
er
2.
Section 2.030. SUBDIVISION REVIEW COMMITTEE. There is
-hereby established a S
bdi
i
i
u
v
s
on Review Committee to review
all tentative subdivision plans, final plats and other
_proposals as indicated elsewhere in this ordinance, and
make recommendations to the Hearings Offic
Th
'
er.
e committee
shall consist of the following members:.
(1) County Planning Director, who will be chairman.
- '
(2) County Engineer
(3) County Sheriff
(4) Fire Chief (if subdivision is within a fire district).
(5) County Sanitarian
'
(6) State Forestry representative for fire protection.
(7) Other ex-officio members of the committee may be
designated by the County Plannin
Direct
d
'
g
or an
may
include, among others, as follows:
(A) Public utility representative(s)
(B) I
i
i
rr
gat
on district representative(s)
(C) School district representative
(D) Department of Environmental Quality representative(s)
(E) Department
of T
_
ransportation representative(s)
- 13 -
i I .
J
'von - 32 rAg: %4
(8) Each member authorized by subsections (1)through(7)
of this section may designate a substitute repre-
sentative to serve in case of the member's absence.
Such designation shall be in writing and filed
with the chairman. It will be the responsibility
of the member to ensure the designee's informed
participation at each meeting in which the designee
is substituting for the member.
Section 2.050. SUBDIVISION COMMITTEE REVIEW FACTORS.
(1) In review of proposed subdivisions, the committee shall
consider the following factors:
(A)
Preliminary plat requirements.
'
(B)
Conformance to zoning and comprehensive plan.
(C)
Quantity and quality of existing or proposed water
supply and adequacy of the existing or proposed
sewage disposal system to support the projected
population. In the event that subsurface sewage
disposal is proposed for any or all of the parcels
of the development, the capability of the soil for
-
the proper long-term support of such a system or
systems shall be considered.
(D)
Adequacy of public services, existing or committed
and funded, in the area of the proposed development,
l
h
t
such as schools, police and fire protection, hea
facilities, highway and arterial road networks and
other transportation facilities parks and other
'
recreational facilities, to serve the increase in
population expected to be created by the development.
(E)
Effect of the development in relation to industrial
plants, livestock feedlots, solid waste disposal
sites (existing and proposed), mining and quarrying
operations and other possible conflicting land uses,
particularly agricultural and forestry use.
b
(F)
y
Possible adverse effects on the development
natural hazards,` such as floods, slides or faults,
etc.
(G)
Possible adverse effects of the development on
adjacent or area agricultural, grazing, forest or
industrial lands and operations.
(H)
Design and development for retention of the maximum
feasible amount.of vegetation and other natural
amenities.
(I)
Possible environmental damage to the area or possible
effects on fish, wildlife or their habitat.
(J)
Possible conflicts with easements acquired by the
public for access through or use of property within
or adjacent to the proposed development.
(K)
Unusual conditions of the property involved such as
high water table, slope, bedrock, or other topographic
or geologic conditions which might limit the capability
to build on the land when using ordinary, and
reasonable construction methods.
_ 14
VOL 32 mu- 955,
1
(L) Marketable title or other interest contracted for,
i
'
s (M) Adequate financial arrangements for onsite and
offsite improvements proposed or required.
(N) Evidence that each and every parcel can be used
for the purpose for which it is intended and is to
be offered.
1
CO) Agreement-, or by-laws to provide for management,
construction, maintenance, or other services
pertaining to common facilities or elements in the
f development.
? (P) Protective covenants or deed restrictions.
(2) The committee is not empowered to agree to conditions;
therefore, recommendations made by the committee do not
bind the County but are only intended to aid the applicant
to determine what requirements will probably be necessary
fox satisfaction of ORS Chapters 92 and 215, the compre-
hensive plan and this ordinance. Any conditions not add-
ressed by the committee shall not be considered to be met
and shall not be precluded from future consideration if
determined to be necessary to comply with ORS Chapters
'
92.197 and 215, the comprehensive plan or this ordinance.
Section 2.060. EXECUTIVE COMMITTEE.
'
(1).(A)There is hereby established an Executive Committee
which will serve as a sub-unit of the Subdivision Review
Committee. The Executive Committee shall consist of:
(1) County Planning Director
(2) County Engineer
(3) County Sanitarian
(B) Each of the above members may designate a' substitute
in accordance with the conditions of Subsection 2.030 (8)..
(2) The Executive Committee shall review outline develop-
ment plans as provided for by section 3.030, re-sub-
missions of denied tentative plans as provided for in
. section 3.110, final plats, as provided for in sub--
section 4.080 (1) and other proposals as indicated else-
where in this ordinance.
- 15 -
' VOL 32 Rrv 956
ARTICLE 3.
APPLICATION PROCEDURE
Section 3.010. APPLICATION SUBMISSION.
'
(1) Any person proposing a subdivision, or his authorized
agent or representative, shall include with an application
for a subdivision either an outline development plan as
described in section 3.030 or a tentative plan as set forth
,-through 3.080 for the proposed subdivision,
fin sections 3.040
_
:together with improvement plans and other supplementary
'
material as may be required..A master development plan
;may also be required in accordance with ubsection 3.085.
The applicant must submit 20 copies of any plan required
'
;together with all required accompanying material to the
:Planning Department.
(2) An outline development plan or a tentative plan for
;
a subdivision on a form provided by the Planning Department
together with the appropriate filing fee.
(3) The time for filing shall be construed to be the
1 r tentative plan
time when the outline development p an o
is received by the Planning Department in completed
form, together with the appropriate filing fee,required
supplemental material and subdivision application form.
Section 3.020. REQUIRED FINDINGS FOR APPROVAL. The
Hearings officer shall not approve an outline development
plan or a tentative plan for 4-proposed subdivision unless
the Hearings Officer finds, in addition to other require-
ments and standards set forth in this ordinance, that the
subdivision as proposed or modified will satisfy the intent
and requirements of this ordinance and will 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.
fl
(2) The subdivision will be compatible with the uses
surrounding the project site, and will not create
an excessive demand on public facilities and services
required to serve the development.
- '16 -
j (3) Financing will be available to the applicant sufficient to-assure
.-_Completion of the subdivision
"
"
as proposed
or
required: Such-'
.financing arrangement--may be contingent upon tentative- lan -
- P
x
PProval.
A pe
formance_ bond. may be required of the applicant by the Hearings
Officer if he determines such b
d is
on
necessary to_ assure Proper
_ "ccattpletton. ..'1he applicant may substitute an adequate
f
'
ormance
_-,.bond for other evidence of financial sufficien per
subsection cy required by this
(4) That there will be no tridue adverse
u~acts on neighboring
properties
natural
c
,
resour
e
- " - quality, area livability,
and public services and facilities.
'
` Section 3.025. ADDITIONAL 'FINDINGS FOR APPROVAL: (1-5)
(1) Streeter Alleys; and Adjacent Areas. The Hearings Officer may
require the all-weather surfacing or paving of any or all streets,
alleys and parkin
a
b
g
reas
efore accepting or approving a tentative
plan.
'
(2) Sewers and Sewage. The Hearings Officer may require the installation
'
of sewers or adequate sewage disposal facilities as shown by the
required plans and specifications, prepared by a certified licensed
engineer and approved by the County Sanitarian or Depart:.ent of
Environmental Quality before accepting or approving a tentative
'
plan.
(3) Water Dines and §~p . The Hearings Officer may require the
installation of waterlines or provision of adequate water supply
to serve each lot as shown by the required plans and specifications
prepared by a qualified licensed engineer and approved by the
County Sanitarian before accepting or approving a tentative plan.
(4) Parks, Playgrounds and Recreational Areas. Parks, playgrounds
and recreational areas adequate to serve the subdivision may be
required in tentative plan submitted in locations and sizes
indicated by the comprehensive plan for the area in which the
subdivision is located. If such facilities are deemed necessary,
parks, playgrounds or other recreational areas or facilities shall
be provided or guaranteed by the applicant prior to approval
of the tentative plan.
(5) Fire Hazard Restrictions. The Hearings Officer may also require
that necessary restrictions be Placed on record at the time of
filing of the plat or be contained in each and every deed of
conveyance of the lots within such subdivision.
- 17 -
r
i
i
32 FACE 958
r
Section 3.030. OUTLINE DEVELOPMENT PLAN. If an outline
development plan is prepared and submitted with the appli-
cation for a subdivision., it shall include both maps and
written statements as set forth in this section. The
information shall discuss the area surrounding the proposed
subdivision in sufficient detail to demonstrate the relation-
ship of the subdivision to adjoining land uses, both
existing and allowable under applicable zoning and compre-
hensive plan classifications.
(1) The maps which are part of the outline development
plan may be in general schematic form, but shall
be to scale, and shall contain the following
information:
(A) The existing topographic character of the land.
(B) Existing and proposed uses and the approximate
location of buildings and other structures
on the project site and adjoining lands.
(C) The approximate density of the proposed
subdivision.
(D) The approximate location of street and roads
within and adjacent to the subdivision.
(E) Public uses including schools, parks, play-
grounds and other public open spaces or
facilities.
(F) Common open spaces and facilities and a descrip-
tion of the proposed use of these spaces and
facilities.-,
(G) Landscaping, irrigation and drainage plans.
-18
VOL 32 FACE 959
(2) Written statements which are part of the outline
,
development plan shall contain the following
information.:
(A)
An explanation of the character of the subdivision
'
and the manner in which it has been planned and
will be designed to be in compliance with the
comprehensive plan, applicable zoning and this
r
ordinance.
(B)
A statement and description of all proposed
,
onsite and offsite improvements proposed.
(C)
A statement of the proposed financing for !
completion of the subdivision as 'proposed.
(D)
A statement of the present ownership of all
land included within the subdivision.
(E) '
A general schedule of developement and improve
ments.
'
(F)
A statement setting forth expected types of
housing and other uses to be accommondated,
traffic generation, population and sectors
'
thereof to be served, and any other information
relative to demands on public services and
facilities and public needs.
,
(G)
A statement relative to compatibility with
adjoining and area land uses, present and
'
future, the comprehensive plan and applicable
zoning ordinance.
(3) (A)
A review of an outline development plan will be
conducted by the Executive Committee and is
intended only as a preliminary examination of the
proposal for comprehensive plan and zoning
,
compliance, offered as a service to the applicant.
Approval by the Executive Committee shall not
constitute approval by the Subdivision Review
,
Committee.
(B)
The Executive Committee shall complete its
recommendation concerning the outline development
'
plan within 10 days following receipt of the plan
by the Planning Department, and shall notify the
applicant of its decision in writing. The notif-
ication shall be accompanied by a report of the
reasons for the decision, including facts and
conclusions utilized in the committee's consid-
eration of the plan for conformance with
comprehensive plan and zoning provisions.
_ 19 _
'
- VOL 32 PANE 960
f
(C) Copies o
the committee decision and accompanying
materials shall be submitted to each member of
the Subdivision.Review Committee.
(D) Upon receipt of notification by the Executive
'
Committee the applicant may resubmit a revised
outline development plan, submit a tentative
plan pursuant to section 3.010 or withdraw
the application.
Section 3.040. TENTATIVE PLAN REQUIRED. Following
submittal and approval of an outline development plan and
subdivision application, or as an initial subdivision
application, any person proposing subdivision in accordance
'
with Section 3.010 of this article, the tentative plan for
a subdivision shall be prepared and submitted in compliance
with the provisions of`sections3.050 through 3.080 of this
;article.
Section 3.050. SCALE OF TENTATIVE PLAN. The tentative
plan of a proposed subdivision shall be drawn on a sheet
18 by 24 inches or a multiple thereof at a scale of one
(1) inch per 50 feet for subdivisions up to 10 acres in size,
one (1) 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.
11
Section 3.060. INFORMATIONAL REQUIREMENTS. The
following information shall be shown on the tentative
plan or provided in accompanying materials. No tentative
plan submittal shall be considered complete unless all
such information is provided.
(1) General Information Required
(A) Proposed name of the subdivision.
(B) Names, addresses and phone numbers of the owner
of record, authorized agents or representatives,
engineer or surveyor, and any assumed business
names filed or to be filed with the Corporation
Commissioner by the applicant which will be used
in connnection with the subdivision.
(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.
1 20
32 FACE 961
VOL
- - - - - _ t,
i
(E) Location and tract designation sufficient to ,
define its location and boundaries, and a legal
description of the tract boundaries in relation
to existing plats and streets.
(F) Certified copy of the recorded instrument
under which the applicant claims an ownership
interest, or copy of a land -sales contract which binds
the applicant in the event of tentative approval.
(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
f
section lines, section corners, city and
special district boundary lines, and survey
monuments.
s
(C)
Location of existing structures, irrigation
canals and ditchs, pipelines, waterways, rail-
roads 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 percent, 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 adja-
cent to the proposed subdivision.
(I)
Names and addresses of all adjoining property
,
owners.
I-
(3) Information Concerning Proposed Subdivision.
(A) Location names,width, typical improvements
cross-sections, bridges, culverts, approximate
grades, curve radii and centerline lengths and
reserve strips of all proposed streets, and the
relationship to all existing and projected
streets.
(B) Location, width and purpose of all proposed
easements or rights-of-way and relationship to
all existing easements and rights-of-way.i
(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 develop-
ment 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.
h
i
.(I) Description=and location of any proposed community
facility.
(J) Storm water and other drainage facility plans.
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) Proposed deed restrictions including access restric-
tions or protective covenants, if such are proposed
-to be utilized-for-the proposed subdivision.
' -22.-
VOL 92 PAGE 962
t VOL 32 PAGE 963
i (2)
Two copies of a letter from a water purveyor
1
providing a water supply system serving potable domestic
water needs or a letter form a licensed well driller
or registered engineer. The letter shall state the
source, name of supplier, known quantity and quality
of water available, and that the system will be
installed in accordance with all applicable regulations.
'
In addition, the letter from a water purveyor providing
a domestic water system shall state that he is able
and willing to serve each and every lot within the
proposed subdivision and the conditions and estimated
cost of providing such service. A letter from a water
purveyor shall further indicate that- the water
,
supply system proposed for the subdivision is adequate
to meet the fire protection needs set forth.by the
appropriate fire protection agency.
3
,
(
)
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, and.
the conditions and estimated costs of such service.
(4)
Proposed fire protection system for the proposed
'
subdivision and written approval thereof by the
appropriate serving fire protection agency. Fire
hydrant placement shall conform to the
,
comprehensive plan requirements set forth in the
Public Facilities section unless the appropriate
local fire protection agency agrees to a lesser stand-
ard.
(5)
Title or subdivision guarantee report from a licensed
title company stating the record owner(s) of the land
'
proposed to be.subdivided and setting forth all
encumbrances relative to the subject property.
6
R
(
)
easons and justifications for any variances requested
'
from the provisions of this ordinance or any other
applicable ordinance or regulation.
'
(7)
Every application for division of property shall be
accompanied by a water procurement plan approved by
the Deschutes County Watermaster. Such plan shall
,
explain in detail the proposed manner of providing potable
domestic water. If irrigation water is to be provided
in addition, the water procurement plan shall also
'
explain the manner of providing such irrigation water.
(8)
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 othe water
district holding the water rights, or when there is no
such district, by the district watermaster or his
'
_ 23 _
VOL 2 FAUE 964
f
representative serving the Deschutes County area.
shall indicate the
la
ti
nd t
t
ve p
n
a
en
Every plat a
water right that is to be transferred to each parcel
'
or lot.
Section 3.035. MASTER.DEVELOPMENT PLAN. An overall
:master
development plan shall be submitted for all develop-
ments of more than 25 parcels or for all developments
m
l
t
d
h
requiri
op
en
eve
e master
ng phased or unit development. T
plan shall include, but not be limited to, the following
elements:
(1)
Overall development plan, including phase or unit
'
sequence.
(2)
Schedule of improvements inititation and completion.
(3)
Overall transportiation and traffic pattern plan.
(4)
Program timetable projection.
'
(5)
Development plans for any common elements or
facilities.
(6)
Financing plan for all improvements.
(7)
If the proposed subdivision has an unknown impact
'
upon adjacent lands or lands within the general
vicinity, the Hearings Officer may require a
potential street development pattern for adjoining
1
lands to be submitted together withthe tentative
art of the master development plan for the
l
an as p
p
subject subdivision, to verify a non-detremental
impact of the subdivision upon adjacent lands.
Sect
ion 3.090. APPROVAL OF TENTATIVE PLAN.
Cl)
The Subdivision'Review Committee shall make its
recommendation concerning the tentative plan to
the applicant and Hearings officer within 30 days
following the date of its submittal by the applicant.
(2)
Upon written request of the Planning Director the
Hearings Officer may extend the review period.
(3)
The Hearings Officer shall review the tentative plan
and all reports and recommendations of appropriate
officials and agencies. The Hearings officer may
ti
l
t
t
a
ve p
an
en
approve, modify, or disapprove the
for the proposed subdivision, and shall set forth
findings for such decision.
(4)
Staff and Hearings officer review shall be in accor-
dance with County Ordinance PL-9.
24
voL 32, PAGE 965
(5) Approval or disapproval of the tentative plan by the
Hearings Officer shall be final unless the decision.
is appealed or reviewed in accordance with Count
'
Ordinance PL-9, y
k
I
(6) Approval of the tentantive plan shall not constitute
pproval of the tentantive plan shall not constitute
'
final acceptance of the plat of the proposed sub-
division 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
a
m
y 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 terns of this ordinance.
(7) The decision of the Hearings Officer shall be set
'
forth in writing in a formal report and, in the
case of approval, be noted on 3 copies of the tent-
ative plan, including references to any attached
,
documents describing conditions. Within five days
of the decision, one copy of the Hearings Officer
- report shall be sent to the applicant, one copy
to the Board of County Commissioners and one copy
,
shall be retained by the Planning Department. -
Section 3.100. SPECIFIC APPROVAL REQUIREMENTS. In
addition to the requirements set forth by the provisions
of this ordinance and applicable local and state regulations
,
specific requirements for tentative plan approval are as
follows:
(1) No tentative plan shall be approved which bears a
name using a word which is the same as, similar to
or pronounced in the same way as a word in the name
of any other subdivision in the same county, except
,
the words "town", "city", "place", "court", "addition"
"estates", or similar words unless the land platted
is contiguous to and platted by the same party that
platted the subdivision bearing that name or unless
the party files and records the consent of the party
that platted the subdivision bearing that name. All
plats must continue the lot and block numbers of the
last filed plat of the same name.
(2) No tentative plan for a proposed subdivision shall
be approved unless:
(A) The streets and roads are laid out to conform to
the plats of subdivisions and maps of partitions
already approved for adjoining property as to width,
improvements, general direction and in all other
respects unless the Hearings Officer.determines
- 25 -
Vol .32 rAcE 966
it is in the public interest to modify the street'
and road pattern and makes appropriate findings
to support such decision.
(B)The dedication of additional rights-of-way
and widening of the existing roadway shall be
required.whenever existing streets adjacent to or
within a tract are inadequate to safely accommodate
traffic anticipated by:
(1) The current County Roadway Network Plan;
(2) The planning Director's or County Engineer's
projection from current growth experience
wherein it is found that the present require
ments for roads differ from that anticipated
when the Network Plan was adopted.
Dedication of additional' right-of-way widening shall
be required where topography requires cut or fill
slopes for roads under the criteria above, where
state law requires rights-of-way for utilities
to be dedicated or where a rationally supported
traffic engineering study states that additional
through lanes, lanes for turning exits, bike paths,
public safety or efficient traffic flow are required.
.F
(C)Streets and roads are approved by the Hearings
i
ve
Officer. and are clearly indicated on the tentat
plan and all reservations or restrictions such as
ownership or maintenance responsiblities are set
forth.
(3) No tentative plan for a proposed subdivision located
within an urban growth boundary adopted jointly by
Deschutes County and a city within the county but
outside the city,'shall be approved unless the subject
'
proposal has been submitted to the City Planning
review
f
or
Commission or City Council, as applicable,
and until such time, within 30 days of submission,
that a written review and recommendation therefrom has
'
been received and considered. The Hearings officer
may allow additional time for response by a city, for
good cause shown and upon the entry of findings to
support such an extension.
(4) Approval or denial shall take into consideration;
(A) Factors listed in Sec. 2.050;
(B) Recommendations of the Subdivision. Review
' Committee and the City Planning Commission or
City Council, where applicable; and
(C) All applicable comprehensive plan policies.
- 25 -
I
VOL 32 FADE 967
(5) Disposition by the Hearings Officer of the application
shall be entered along with appropriate findings to
support the decision.
S
ection 3.110. 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 (6) months after the date of the final
action denying said plan. Upon resubmission the ap-
plicant shall consider all items upon which the Trion
deni
l
a
was based, and the resubmission shall be accompanied
b
fil
y a new
ing fee.
(2)The resubmittal of a tentative plan shall be first
considered by the Executive Committee as provided
in Subsections 2.060 and 3.030 before review by the
Subdivision Review Committee.
'
(3)The-Executive Committee.may recommend either approval
a or denial of the resubmittal to the Subdivision
_ Review Committee, in which case findings described in sub--
'
section 3.100(4) shall accompany the recommendation or it may
make new recommendation to the Subdivision Review Committee.
'
(4)Findings to support the Executive Committe's recommendation
shall include a recapitulation of the basis for the
original denial along with facts and conclusions
relative to the recommendation for the resubmittal.
27 -
er'
I Section 4.010.
VOL 32 PAGE 968
ARTICLE 4.
FINAL PLAT
SUBMISSION OF THE FINAL PLAT.
(1) Filing Time Period Requirements. Within six (6)
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) month period
following the approval of the tentative plan, the
plan approval shall be void-. The applicant
may submit 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 month period
provided for by subsection (2) of this section,
grant an extension of not more than 90 days of the
'
six (6) month time period set forth in section
4.010(1).
'
Section 4.020. FORM
OF FINAL PLAT. The final plat shall
be submitted in the form prescribed by state statute and
this ordinance. All plats subdividing any tract of land
in the county, dedications of streets, roads or public
parks and squares,. and other writings made a part of such
plats offered for record shall be made in black India ink,
upon material that is 18inches by 24 inches, suitable for
binding and copying , having 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 of the dedication and affidavit
of the surveyor, shall be of such a size or type as will be
clearly legibile, but no part shall come nearer any edge
of the sheet than one inch. The plat may contain as many
sheets as necessary, but a face sheet and an index page
shall be included for plats of two or more sheets.
I28
32 FACE 969
VOL
Section 4.030. REQUIREMENTS OF SURVEY AND PLAT OF
SUBDIVISION.
Any final plat submitted shall meet the following require-
(1) The survey for the plat of the subdivision shall
not exceed an error of closure of one foot in 4,000
feet.
(2) The survey and plat of the subdivision shall be made
by a surveyor who is a registered engineer or
licensed land surveYor
(3) The plat shall be of such scale that all survey and f I
mathematical information and all other details
may be clearly and legibly shown thereon. Each lot
shall be numbered and each block lettered or numbered.
The lengths of all boundaries of each lot shall be
shown. Each street shall be named.
(4) The locations and descriptions of all monuments shall
be clearly recorded upon all plats and the proper
courses and distances of all boundary lines shall be
shown.
Section 4.040. MONUMENTATION REQUIREMENTS.
(1)
The initial point of all subdivision plats shall be
marked with a monument conforming to the following
specifications: Galvanized iron pipe, two inch
inside diameter, not less than thirty inches long,
with a brass cap no less than 2 1/2 inches in
diameter, soldily and permanently attached at the
top_ The brass cap shall be secured in position
with either a substantial, non-corrosive rivet or
a solid-metal-weld. The bottom of the pipe shall
end in a welded footplate or be split and flared
to a minimum holding width of six inches to anchor
the monument when set in the ground. Any galvan-
ization destroyed during threading, cutting, flaring or
welding must be retreated against rust. The monument
shall be set with the top at finished grade elevation
and the subdivision name, year of establishment, and
registration number of the registered engineer or
registered land surveyor, establishing same, clearly
marked with steel dies on the brass cap. The location
of the monument shall be noted with reference to a
known corner established by the United States Survey.
n
- 29: -
h
VOL 32 PAGE 9 '9
(2) The intersection of all streets and roads and all
ponts on the exterior boundary where the boundary
line changes direction shall be marked with
monuments either of stone, concrete, galvanized iron
pipe, or iron or steel rods.
(3) All lot corners except lot corners of cemetery lots
shall be marked with monuments of either galvanized
iron pipe not less than one-half inch in diameter
or iron or steel rods not less than one-half inch
in least dimension and two feet long.
(4) Points shall be plainly and permanently marked upon
monuments so measurements may be taken to them within
one-tenth of a foot.
(5) All required interior and exterior monuments shall be
marked and such monuments shall be referenced on the
plat of the subdivision before the plat of the sub-
division is offered for approval and recording.
Section 4.050. 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.
(2)
Name of the owner, applicant, and engineer or surveyor.
i
(3)
ng
The date, scale, north point, legend, controll
topography such as bluffs, creeks, and other bodies
of water,and existing-highways and railroads.
'
(4)
Legal description of the tract boundaries.
(5)
Reference points of existing surveys, identified,
related to the plat by distances and bearings, and
referenced to a field book or map as follows:
(A) Stakes, monuments, or other evidences found on
the ground and'used to determine the boundaries
'
of the subdivision.
(B) Adjoining corners of adjoining subdivisions.
(C) Other monuments found or established in making
the survey or required to be installed by
provisions of this ordinance.
(6)
The exact location and width of streets and easements
intercepting the boundary of the tract.
(7)
Tract, block and lot boundary lines and street rights-
of-way and center lines, with dimensions, bearing or
deflecting angles, radii, arcs, points of curvature and
tangent bearings. Normal high water lines for any
creek, bay or other body of water. Tract boundaries.
and street bearings shall be shown to the nearest 30
seconds with basis of bearings. Distances shall be
shown to the nearest 0.01 feet. No ditto marks shall
'
be used.
_ 30 -
(8)
streets. The width of the streets being dedicated
and the curve data shall be based on the street
center line. In addition to the center line dimen-
sions, the radius and central angle shall be indicat-
ed together with the long chord distance and bearing.
(9)
Easements. Easements shall be noted by fine dotted
lines, clearly identified and, if already of record,
their recorded reference. If an easement is not of
record, a statement of the easement shall be given.
The width of the easement, its length and bearing
and sufficient ties to locate the easement with
respect to the subdivision shall be shown. If the
easement is being dedicated by the map, it shall be
properly referenced in the owner's certificates of
dedication.
(10)
Lot Numbers. Lot numbers beginning with the number
"l" and numbered consecutively in each block.
(11)
Block Numbers. Block numbers beginning with the
number "1" and continuing consecutively without
omission or duplication throughout the subdivision.
The numbers shall be solid and of sufficient size
and thickness to stand out and placed so as not to
obliterate any figure. Block numbers in an addition
to a subdivision of the same name shall be a contin-
uation of the numbering in the original subdivision.
(12)
Public Lands. Identification of 1and,including
reserve strips,purpose, public or private, to dist-
inguish it from lots intended for sale.
(13)
Building Setback Lines. Building setback lines, if
any, that are a part of the subdivision restrictions.
(14)
Access Restrictions. Limitations on rights of access
to and from streets, lots and other parcels of land.
(15)
Area. The area of each lot,if larger than one acre,
to the nearest hundreth of an acre and the area of
each lot less than one acre, to the nearest square
foot.
(16)
Address. Pursuant to'the applicable addressing system,
the address of each lot shall be shown.
(17)
Certificates. The following certificates are required
and shall be combined where appropriate.
(A) A certificate signed and acknowledged by all
parties having any record title interest in the
land, consenting to the preparation and recording
of the plat.
- 31 -
vot 32 FA~F
,
.
L
'
-
von 32 wa 972
'
(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, tenatns, and servants.
(C)
A certificate with the seal of and signed by the
engineer or surveyor responsible for the survey
and final map.
(D)
A certificate for execution by the County Hearings
officer.
(E)
A certificate for execution by the County Engineer.
(F)
A certificate for execution by the County Planning
(G)
Director.
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) and (3) .
(H)
A certificate for execution by the County Tax
Collector.
t
(I)
A certificate for execution by the County Assessor.
(J)
A certificate for execution by the irrigation
district, where applicable. All plans, plats or
replats of subdivisions located within the boundaries
of an irrigation district, drainage district, water
control district,- district improvement company
or similar..service district shall be submitted to
the board of directors of the district or company
and its approval thereof shall be indicated thereon
by the board before county approval of such plan,
plat or replat of any subdivision. Except that if
the applicant is unable to obtain action or approval
of any district or company within 45 days the
applicant shall notify the Board of County Commissioners
(Board) in writing and thereafter the Board shall
serve notice on that district or company by certified
mail advising the district or company that any
objections to the plan, plat or replat must be
filed in writing withthe Board within 20 days.
Failure of the district or company to respond shall
be considered an approval of such plan, plat or
(K)
replat.
A certificate of approval of execution by the Board
of County Commissioners.
'
- (L)
Other certificates required by state regulations.
- 32-
VOL 32 FAGE 973
1
Section 4.060. SUPPLEMENTAL INFORMATION WITH PLAT.
The following data, if applicable, shall accompany the plat:
(1)
Title Report. A preliminary title or subdivision
guarantee report issued by a title insurance company'
in the name of the owner of the land,. showing all parties
whose consent is necessary and their interest in the
premises; such report shall show evidence of a clear
-
and marketable title.
(2)
Survey Data Sheets. Sheets and drawings shall contain the
,
following information:
(A) Traverse data including the coordinates of the
boundary of the subdivision and ties to section
corners and donation land claim corners, and
showing the error of closure, if any. A survey
control work sheet may be substituted for this
item.
(B) The computation of distances, angles and courses
shown on the plat.
(C) Ties to existing monuments, proposed monuments,
-adjacent subdivisions, street corners, and state
highway stationing.
(3)
Deed Restrictions. A copy of any deed restrictions
applicable to the subdivision.
(4)
Homeowner's Association. A copy of any homeowner's
association agreements proposed or required for the
r
-
subdivision.
(5)
Dedications. A copy of any dedication requiring
separate documents with specific reference to parks,
playgrounds, etc.,
(6)
Ta
A li
xes.
st of all taxes and assessments on the
tract which have become a lien on the land subdivided.
(7)
Board of County Commissioners. A certificate by the
Board of County Commissioners that the applicant has
complied with the improvement guarantee requirements
of sections 9.010 and 9.020.
(8)
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 final plat:
(A) Improvement Plan in accordance with Appendix A
of this ordinance.
(B) Plans and profiles of'proposed sanitary sewers,
- 33. -
VOL 32 FADE 974
location of manholes and proposed drainage i
system.
(C) Plans and profiles of the proposed water dist-
ribution system showing pipe sizes and location
of valves and fire hydrants.
(D) Specifications for the construction of all pro-
posed utilites.
(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
t
reduction.
(9)
Access Permits. If access is to a state highway the
necessary access permits shall be obtained prior to
final plat approval.
I
H
71
Ws"
1
Section 4..070. TECHNICAL REVIEW OF PLAT.
(1) Ordinance Check. Upon receipt by the Planning Depart-
ment, the plat and other data shall be reviewed by
the Executive Committee to determine that the sub-
division as shown is substantially the same as it
appeared on the approved tentative plan, and for
compliance with provisions of this ordinance and other
applicable laws.
(2) Field Check. The County Engineer and Planning Director
or their designated representatives may make such checks
in the field;as are desirable to verify that the map is
sufficiently correct. The Engineer or Planning Director
or representatives thereof may enter the property for this
purpose.
(3) Corrections. If the field check reveals that full
conformity has not been met, the applicant shall be
advised in writing of the changes or additions to be
made and shall be afforded a reasonable opportunity
to make the changes or additions.
(4) Reimbursement. Expenses incurred by the County
Engineer in the technical plat review shall be
reimbursed by the applicant prior to final approval
of the plat.
Section 4.080. CONDITIONS OF PLAT APPROVAL.
(1) Upon recept of the plat with.the approval of the
34
(2)
}
VOL 32 ~wE 975
Executive Committee, the Subdivision Review Committee
(committee)
h
ll
s
a
determine whether it conforms
with th
e approved tentative plan and with these
regulations. If the committee does not approve the
plat, it shall advise the applicant of the changes
or additions that.must be made and shall afford him
an opportunity to make corrections. If the committee
determines that th
e 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 pbulic of th
e dedication of any street or other
easement shown on the plat nor does such a
ro
l
pp
va
constitute final approval, said authority for final
approval being vested with the Board of County Commissioners
.
No plat of a proposed subdivision shall be approved
i
unless:
(A) The plat complies with the comprehensive plan,
zoning ordinances and other conditions applicable
to the proposed subdivision.
(B) -Streets and roads for public use are to be ,
dedicated without any reservation or restriction
other than reversionary rights upon vacation
of any such street or road and easement for public '
utilities.
(C)
Streets and roads held for private use and indicated
on the tentative plan for such subdivision have
been approved by the County.
(D)
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
t
wa
er supply systems, if made a condition
of th
e approval of the tentative plan.
(E)
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.
(3) No
plat of a subdivision shall be approved unless the
Cou
nty has received and accepted:
(A)
A certification by a municipal water supply system
,
or by the owner of a community or public water supply
system, subject to regulation by the Public Utility
Commissioner of Oregon, that water will be available
to the lot line of each and every lot depicted in
the proposed plat; or
- 34 -
r
von 32 FACT 976
(B) A proposed bond, contract or other assurance by
the applicant to the County.and approved by the
County's Legal Counsel that a domestic water supply
system will be installed by or on behalf of the
applicant to the lot line of each and every lot
depicted in the proposed plat. The amount of any
such bond, contract or other assurance by the applicant
'
shall be determined by a registered professional
engineer subject to any change in such amount
as determined necessary by the County.
(C) Certification by a publicly-owned sewage disposal
system or by the owner of a privately owned
sewage system that is subject to regulation
by the Public Utility Commissioner of Oregon
that- a sewage disposal system will be available
to the lot line of each and every lot depicted
in the proposed plat; or
(D) A proposed bond, contract or other assurance by
subdivider to the County and approved by the
I
County's Legal Counsel that a sewage disposal
system will be installed by or on behalf of the
subdivider to the lot line of each and every
lot depicted on the proposed plat. The amount
of such bond, contract or other assurance shall
be determined by a registered professional
engineer,'subject to any change in such amount
as the County considers necessary; or
(E) A final plat in compliance with the tentative plan
approval.
(F) Certification that all required and proposed
(
improvements and repairs to existing public
facilities.:damaged in the development have been
completed, or•a bond, contract or other assurance
by the applicant to the County approved by the
County's Legal Counsel specifying the period
within which required improvements and repairs
1
shall be completed.
Section 4.100. FINAL PLAT APPROVAL. After the final plat
has been checked and approved as provided in this article,
and when all certificates appearing thereon, except those
of the Planning Director, County Clerkand Board of County
commissioners have been signed and,when necessary, acknow--
the Planning Direcotr shall certify the fnal plat and
leged
,
submit it to the Board of County Commissioners for final
approval.
RECORDING OF PLAT
110
4
.
.
.
Section
(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
- 36 -
VOL 32 rnc97 7
described in any offer of dedication shall pass
until the final plat has been recorded.
(2) The Planning Director or his representative shall
file the approved final plat, including an exact
copy 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.
(4) The applicant shall also submit with the final plat
an exact copy thereof, made with black India Ink or
photocopy upon a good quality of linen, tracing
cloth or other suitable drafting material having the
same or better characteristics of strength, stability
and transparency. The engineer or surveyor who made
the plat shall make an affidavit to indicate that the
photocopy or tracing is an exact copy of the plat.
The copy shall be filed with-the County Recorder
and shall be certified by him to be an exact
'
copy and then shall be filed in the archives of the
County, and be preserved by filing without folding.
The applicant shall provide without cost prints from
such copy to the County Assessor, County Sanitarian,
County Engineer, County Planning Department and
appropriate postal and fire protection agencies.
(5) The final plat shall be accompanied by a filing fee
as set by the Board of County Commissioners.
Section 4.120. FILING PLAT WITH STATE. Either before or
after recording the final plat, the applicant or his surveyor
shall file a report with the Real Estate Division, Department
I
of Commerce, State of Oregon, and shall comply with all
provisions of the Oregon Revised Statutes relating to the sale
of subdivided land in Oregon. A full and complete copy of
said report shall be filed with the County Planning Depart-
ment.
i
1
- 37
VOL 32 8
r
ARTICLE 5.
LAND PARTITIONING
Section 5.010. APPLICABILITY OF REGULATIONS.
(1) All land partitionings within the county shall be
approved by the Executive Committee. Said approvals
shall only be granted in accordance with the provis-
ions of this ordinance.
(2) In its discretion, the Executive Committe may submit
t the partition.to the County Surveyor for approval.
.(3) Any plat prepared by the County Surveyor in his
1 private capacity shall be approved by the County
Surveyor of another county in accordance with the
provisions-of ORS 92.100 (2) and (3) .
' Section 5.020. 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,.
(2) The tentative plan for partitioning 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, right-of-way widths and improvement stand-
'
ards 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,
fire
solid waste disposal
osal
ewa
e dis
,
,
g
p
s
- 38 -
VOL 32 PAGE 979
protection and access, etc. --_.e-
(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.
.1
(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 outcroppings, natural
springs and flood plains.
(J) Location, width, name, curve ratio and approximate
grade of all proposed rights-of-way.
Section 5.030. REQUIREMENTS FOR APPROVAL.
(1) No application for partitioning shall be approved
unless the following requirements are met:
(A) Proposal is in compliance with ORS Chapter 92,
the comprehensive plan and applicable zoning.
(B) Proposal does'not'conflict with acquired public
access easements within or adjacent to the partition.
(C) Each parcel is suited for the use intended or
offered.
(D) Proposal is compatible with adjoining and area
land uses.
(E) All required public services and facilities are
available and adequate or are proposed to be
provided by the petitioner.
(F) Proposal will not have any undue adverse impacts on
adjoining or area land uses, public services
and facilities, and natural resource carrying
capacities.
- 39 -
i VD! 32 PAGE
(G) An approved water rights division plan.
(2) The Executive Committee shall deny an application for
1
partitioning when it appears the partitioning is
part of a plan or scheme to create more than three
(3) parcels without going through subdivision, or is
part of a development pattern having the effect of
'
creating more than three (3) parcels without sub-
dividing.
Section 5.040. ADDITIONAL FACTORS TO BE CONSIDERED.
In addition to the requirements set forth in section 5.030.
the following additional factors shall be considered by the
Executive Committee when appropriate :
(1) Placement and availability of utilities.
(2) Safety from fire, flood and other natural hazards.
'
(3) Adequate provision of public facilites and services.
(4) Possible effects on natural, scenic and historical
resources.
(5) Need for onsite or offsite improvements. j
(6) Need for additional setback,screening, landscaping
and other requirements relative to the protection'
1
of adjoining and area land uses.
~J
Section 5.050. IMPROVEMENT REQUIREMENTS.
(1) In the approval of a land partitioning, the
Executive Committee shall consider the need for
street and other improvements, and may require as
a condition of approval any improvements that may be
required for a subdivision under the provisions of
this ordinance. All roads in major partitions shall
be dedicated to the public without reservation or
-restriction.
'
(2) Existing Streets. The dedication of additional right-
of-way-and widening of the existing roadway shall
be required whenever existing streets adjacent to or
within a tract area are inadequate to safely accommodate
traffic anticipated by:
(A) Current County Roadway Network Plan;or
.(B) The Planning Director's or County Engineer's
projection from current growth experience where-
in it is found tha the present requirements for
'
roads differ from those anticipated when the Net-
work Plan was adopted,
Dedication of additional right-of-way widening shall
' be required where topography requires cut or fill slopes
for roads under the criteria above, where state law
40 -
vat 32 FAGE;981 ,
r
requires rights-of-way for utilities to be
dedicated or where a rationally supported traffic
engineering study states that additional through
lanes, lanes for turning, exits, bike paths, or
walkways are needed for public safet
or
ffi
i
I
y
e
c
ent
traffic flow.
Section 5.060. FINAL MAP OR DRAWING FOR PARTITIONING.
,
Following approval of the tentative plan for a proposed
partitioning, the applicant shall prepare and submit to the
Planning Department the final map or drawing for the subject
partitionin
. S
h fili
g
uc
ng shall be completed within six
imonths 'from the date of the approval, or the approval shall
N
id
'b
o
e
. The final map or drawing shall be prepared in
;accordance with the followin
re
uireme
ts
d th
'
g
q
n
an
e original
and two (2) copies thereof submitted by the Planning Department
'to the Executive Committee for approval. The original shall
be recorded by the Planning Director in the office of the County
"Cl
f
t
erk
ollowing approval by the Executive Committee.
(1) Final map or drawing requirements:
(A) Maps shall be drawn to a scale of one inch per
100 feet. -
CB) Name of the owner, developer and engineer or
surveyor shall be shown on the map or drawing.
(C) Date, scale, north point, legal description of
boundaries, and a tie by actual survey to a
section or donation land claim corner.
(D) Parcel boundary lines, with dimensions and
bearings; bearings shall be to the nearest 30
seconds, and distances to the nearest 0.01 feet.
The area of.-each parcel shall be shown.
_ (E) An affidavit by the engineer or surveyor having
surveyed the land involved a major partitioning.
(F) A certification of acceptance of any public dedication.
(G) A guarantee of approved or required improvements,
including identification of maintenance responsibilities
for proposed or existi
d
d
ng roa
s an
streets.
(H) A certification of approval for execution by the
Planning Direcotr.
(I) Water rights to be assined to each parcel shall
be indicated on the map or drawing and certification
of approval thereof.
(2) Approval Requirements: No final map or drawing for a
land partitioning shall be approved by the Executive
- 41 -
VOL 32 FAcE 982
Committee unless all of the following requirements
are met:
(A) The final map or drawing is in strict conform
' ance with the approved tentative plan.
(B) The final map or drawing is in conformance with
the requirements set forth in subsection (1)
of this section.
' (C) Access is guaranteed to each parcel.
(D) Each parcel is approved for subsurface sewage
disposal if applicable to the intended or
offered use.
(E) All required public utilities are available.
(F) All conditions of the tentative plan approval
have been met or guaranteed.
(G) A guarantee of all proposed or required
improvements has been submitted and approved
or such improvements completed and approved
-as set forth by the Executive Committee.
Section 5.070. APPLICATION REVIEW.
' (1) Within 30 days following submission of an application
for a land partitioning the Executive Committee shall
review the plans and application submitted, and shall
either deny or recommend application.
(2) Upon written requrest of the Planning Director the
Hearings Officer may extend the review period.
(3) Staff and Hearings officer review shall be conducted
1 in accordance with County Ordinance PL-9.
Section 5.080. APPEAL. An appeal of a decision or require-
ment of the Executive Committee relative to a land partitioning
' shall be made in accordance with the provisions of article
11 of this ordinance, and County Ordinance PL-9.
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 does not include cases when an
42 _
VOL 32 FACE 983
(3)
additional parcel or tax lot is created, when a
parcel existing before the adjustment is reduced in
size by more than 5% of its original area, when a
parcel existing before the adjustment is reduced
below the minimum lot size establihed by the applicable
zoning, when the entire common boundary involved is not
relocated an equal distance, when
there are dwellings,roads rights-of-way existing or
shown in the comprehensive plan or County Road Network
Plan, or other structures located within the area
involved in the adjustment. All such
adjustments shall be treated as partitions.
The executive cagnittee rey -give the operation of subsection
(2) of this section for previously approved partition parcels
where the applicant seeks to relocate the entire ccumon boundary
an unequal distance for the purpose of retaining a pre-existing
distance for the purpose of retaining a pre-existing tree of six
inches in caliper or greater.
Section 5.100. PARTITIONING FOR FINANCIAL PURPOSES.
(1) Upon application to the Planning Director, a special
permit may be granted authorizing the.creation of a
security interest or leasehold in a parcel of land.
(2) Permits issued under the authority of this section
shall be subject to the following limitations and
restrictions:
(A) A parcel possessed or subject to a right of
possession by a person under the terms of a
lease or the foreclosure of a security interest,
and the remaining parcels, must remain in the
same legal use the parcels were in at the time
the interest became possessory, except the
parcels maybe put into agricultural use; but in
no case may an additional structure or improvement,
other than that which is the subject of the
applicable security interest, be added to any
parcel by the .authority of the permit authorized
in subsection (1) of
this section. In order to establish uses other
than agriculture or to erect structures including
farm accessory structures, the owner of the parcel
must secure a land partitioning approval as other-
wise required by this ordinance..
(B) The permit authorized in subsection (1) of this
section shall be valid only for the time of the
lease or the life of the security interest,
except in the case of default and foreclosure
upon the interest. In the case of default and
foreclosure, the permit shall be valid only
until a land partitioning permit is granted or
the parcels are rejoined in a contiguous unit
of land under the same ownership.
-43-
t
VOL
(C) At the expiration of the security interest if
there is no default or foreclosure or at the
expiration of the lease, the parcels shall be
32 PAGE 984
rejoined into a contiguous unit of land under one
ownership and; if possible, shall be reunited or
combined into a single tax lot. The owner of the
property shall be in violation of this ordinance
if he has not, within 30 days of the permit. becoming
void, made written application to the County Assessor
for the combination of the parcles into a single
tax lot.
(3) No permit may be issued under this section until the
1
owners of the subject property and the holder of the
security or lease interest sign a statement indicating
1
that all parties agree to comply with the limits being
placed upon the permit.
(4) The permit issued under this section shall be immediately
'
void if the owner of the property attempts any transfer
of the subject parcels except as provided by the terms
of the permit or of this ordinance.
(5) The partitioning permit authorized by this section
shall be granted only if the applicant certifies and
the Planning Director finds that:
(A) The intended partitioning is temporary and not
created for the purpose of evasion of the
1
requirements of this ordinance, other County
ordinances or regulations, or state law.
(H) The partitioning will not result in the need for
'
additional,roads or other access.
'
(C) The partitioning will not result in the need for
additional improvements.
(D) The partitioning will not interfere with adjoining
'
and area land uses.
(E) The partitioning will not violate any provisions
of applicable zoning or policies of the comprehensive
1
plan.
Section 6.010. APPLICATION. Any person desiring to
create a street not part of a subdivision or major partition
shall make written application to the Planning Department.
.Said application shall be made on prescribed forms, and
,Shall be accompanied by the required information and
`appropriate filing fee.
Section 6.020. MINIMUM DESIGN STA
The min'
standards of design and im
N
rD
m
provements
fo
the dedication
,of a street shall be the s
ame as set forth in this ordin-
ance for streets within a subdivision and shall
'
be in
!compliance with other applicable street standard regulations.
S
ection 6.030. PROCEDURE.
(1) Upon receipt of written application and appropriate
filing fee for
street dedication, the Planning
Director shall refer the
proposal to the County
Engineer for review and recommendation. The ap
lic-
i
p
at
on must be accompanied by two copies of the
proposed. dedication, written legal description and
proposed improvements.
,
(2) If access to a:County Road or St
ate Highway is
planned
the n
c
,
e
essary permits shall be obtained
prior to approval by the Board
f
o
County Commissioners.
'
(3) The County Engineer shall report his findings and
recommendations regarding the proposed dedication
and i
'
mprovements to the Planning Director.
(4) Upon receipt by the Planning Director of written
findin
s a
d
g
n
recommendations from the County
Engineer
the
'
,
proposal shall be submitted to the
Board of County Commissi
oners for preliminary
review and approval.
(5) Upon preliminary approval by the Board of County
Commissione
t
rs,
he engineering and improvements
design of the roadway conforming t
,
o the requirements
of this ordinance and other applicable regulation
s
shall be submitted to the County Engineer for review
and approval
Said
i
'
.
eng
neering and improvements
design shall be prepared and signed by a lic
d
ense
engineer or surveyor.
'
- 45 -
VOI
RACE 986
_
(6) Following approval of the roadway engineering and
'
design, the applicant shall prepare a warranty deed
dedicating said street to the public and an improve-
ments guarantee. Said documents shall be submitted
to the County Legal Counsel for review and approval,.
together with a curxent title report on subject
property.
'
(7) Following receipt of the approvals set forth in
subsections C5) and CO of this section, the deed
and improvements guarantee shall be submitted to the
Board of County Commissioners for final approval.
I
- 46 -
Section 7.010. COMPLIANCE REQUIRED. A land division,
,
by major partition subdivision, creation of a street or
other right-of-way, shall be in compliance with the
design standards set forth in this ordinance, including
'
Deschutes County Road Standards (Appendix A).
Section 7.020. 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 carried considering
the terrain. The proposed street location and
pattern shall be shown on a development plan and the
arrangement of streets shall provide for the contin-
uation or projection of existing principal streets
in surrounding areas.
,
(2) Partial Plats. If the plat submitted covers only a
part of the applicants tract, a drawing of the pro-
t
spective future street system of the entire tract shall
be furnished.
(3) F
t
R
S
b
i
i
u
ure
e-
u
d
v
sion. If a tract is subdivided into
lots of one to ten acres in area, the Subdivision
Review Committee may require an arrangement of lots
and streets to permit a future re-subdivision in
'
conformity with street and other requirements contained
in this ordinance.
'
(4) 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, additional right-of-way shall be provided
at the time of the land division by the applicant. During
consideration of the tentative plan for a subdivision,
the Subdivision Review Committee (Committee) shall
determine whether improvements to existing streets,
adjacent to or within the tract, are required; such
improvements may be required as a condition of approval
'
of the tentative plan.
- 47
,
VOL 32 FACE 9$8
'
(5)
Minimum Right-of-way and Roadway Width. Unless
otherwise approved in the tentative development
plan, the street right-of-way and roadway surfacing
widths shall be n-conformance with standards and
'
specifications set forth in Appendix A of this
ordinance. If land division is located within an
urban growth boundary, compliance with applicable
city street improvement standards and specifications
may be required.
'
(6)
Reserve Strips. Reserve strips controlling access
to streets shall be required when.deemed necessary
by the Committee for the protection of public safety
and welfare. The strips shall be dedicated to the
public for future street pruposes.
(7)
Future Extensions of Streets. When necessary to give
i
access to or permit a satisfactory future division of
adjoining land, streets shall be extended to the boundary
of the subdivision or partition and the resulting dead-
end streets may be approved without a permanent turn-
around. Reserve strips shall be required to preserve
the objective of street extensions..
(8)
Half Street. Half streets, while generally not
acceptable, may be approved where essential to the
reasonable development of the subdivision or partition
i
if in conformity with other requirements of these
regulations and if the Committee finds it will be
practical to require the dedication of the other
part when the adjoining property is divided.. Reserve
strips may be required to preserve the objectives of
half streets.
(9)
Cul-De-Sacs. A cul-de-sac shall conform to the conditions
contained in Appendix -A of this ordiance.
(10)
Street Names. Except for extensions of existing streets,
b
e
no street name shall be used which will duplicate or
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 city and
shall be subject to the approval of the City Planning
Commission if located within an urban growth boundary
'
jointly adopted by a city and the County. Street names
shall comply with the provisions of Appendix A unless
superseded by a controlling local government.
(11)
Streets Adjacent to Railroad Right-of-Way. If the
proposed land division contains or is adjacent to a
railroad right-of-way, 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 streets and the railroad. The
_ 48 _
i
distance shall be determined by considering the
minimum distance required for approach grades to
a future grade separation and to provide sufficient
depth to allow screen planting along the railroad
right-of-way. In the case of a railroad right-of-way
a land strip of not less than twenty-five feet in
width shall be provided along such right--of-way for "
screen planting between the railroad and residential
I
lots. When such parallel streets are less than eighty
(80) feet from a freeway or parkway the intervening
property shall be held or developed for park or
thoroughfare purpose only. Streets parallel to
'
streets which intersect a railroad shall be located
at a distance from such railroad sufficient to make
provisions for any possible grade separations on the
cross streets.
(12)
Marginal Access Streets (Frontage Roads). If a land
i
division abuts or contains an existing or proposed
collector or arterial steet, the Committee 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 marginal access
streets shall comply with appropriate local road
'
standards.
(13)
Alleys. Alleys should be provided:'n commercial and
industrial districts unless other permanent provisions
'
for access to off-street parking and loading facilities
are approved by the Committee. The minimum width of
an alley in a residential block when platted shall be
sixteen (16) feet. Alleys in commercial and industrial
districts shall not be less than twenty (20) feet.
The corners of -all alleys at their intersection with
streets and other alleys shall be curved with a radius
of not less than ten (10) feet.
(14)
Access Generally. Each lot shall be provided with a
road having unrestricted access to an existing public
street.
(15)
Access Crossing Public Lands. If provision of public
requires the crossing of public lands, approval of the
subdivision shall be obtained from the agency having
jurisdication over siad public lands crossed over prior
to Hearings Officer approval of the tentative plan.
(16)
Access to State Highway. Where a subdivision requires
an access approach to a State Highway, approval shall
be obtained from the State Highway Dept. prior to
Hearings officer approval of the tentative plan.
- 49 _
M
C~
VOL 32, MU 990
Section 7.030. 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. No block shall be more than 1,000 feet in
length in lots of five acres or less and 2.640 feet
in lots of less than five acres between street corner
lines unless adjacent to the. arterial street or
unless the topography or location of adjoining streets
justifies an exception. The recommendation minimum
block length along an arterial street is 1,800 feet.
A block shall have sufficient width to allow for two
building sites unless topography of the location of
and adjoining street justifies an exception.
(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,
sewerlines, waterlines, gaslines,or drainage.
Such easements shall be labeled "Public Utility
Easement" on the tentative and final plat;
they shall be at least 12 feet in width and
centered on lot lines where possible, except
utility pole guylines easements along the rear
of lots adjacent to unsubdivided land may be
reduced to 10 feet in width.
(B1 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.
(C) Pedestrian and Bic
for public conveni
way in conformance
may be required to
to pass through an
block or otherwise
ycle Ways. When desirable
ance, a pedestrian or bicycle
with the comprehensive plan
connect to a cul-de-sac or
unusually long or oddly shaped
provide appropriate circulation.
Section 7.040. BUILDING SITES.
(1) Size and Shape. The size, width, shape and orientation
of building sites shall be appropriate for the location
of the land division and for the type of develoWnent and
50 _
VOL 32 PAuF 991
use contemplated, and shall be consistent with the
lot size provisions of the zoning ordinance,
with the following exceptions:
(A) In areas not to be served by a public sewer,
minimum lot acid parcel sizes shall permit
compliance with the requirements of the Depart-
ment of Environmental Quality and County Sanitarian,
and shall be sufficient to permit adequate sewage
disposal. Any problems posed by soil structure
and water table as related to sewage disposal by
septic tank shall be addressed and resolved in the
applicant`s initial plan.
(B) Where property is zoned and planned for business
or industrial use, other widths and areas may be
permitted by the Hearings officer. 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 coitem-
plated.
(2) Access. Each lot and parcel shall abut a street other
than an alley for a distance.of at least 50 feet.
(3) Through Lots and Parcels. Through lots and parcels
shall be avoided, except where they are essential
to provide separation of residential development
from major traffic arterials or adjacent non-
residential activities, or to overcome specific
disadvantages of topography and orientation. A planting
screen easement at least ten (10) feet wide, across
which there shall beno right of access, shall be
required along-the line of building sites abutting such
a traffic arterial or other incompatible uses, except
that if the lot,or parcel abuts on any side an area to
which access is likely to be required for emergency
vehicles, the planting screen shall be sufficiently
short to allow such access.
(4) Lot and Parcel Side Lines. The lines of lots and
parcels, as far as is practicable, shall run at right
angles to the street upon which they face, except that
on curved streets they shall be radial to the curve.
(5) Division by Rights-of-way, Drainage Ways. No lot
established after the effective date of this ordinance
shall be divided by the boundary line of the County,
city or other taxing or service district, or by the
right-of-way of a street, utility line or drainage
way, or by easement for utilities or other services,
or by major irrigation delivery canals.
- 51 -
u
VOL 32 FA~F 992
(6) Solar Access. The lines of lots and parcels, as fare
as is practicable shall be oriented to allow structures
constructed on the lots or parcels to utilize solar
energy by establishing 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 required
for subdivision approval.
Section 7.050. GRADING OF BUILDING SITES.. Grading of
building sites shall conform to the following standards
unless physical conditions demonstrate the propriety of
other standards.
' (1) Cut slope ratios shall not exceed one foot vertically
to one and one-half feet horizontally.
(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 useable by fill shall be
suitable for the purpose intended.
' Section 7.060. SPECIAL SETBACKS If special building
setbacks lines are to be established in a subdivision,
' they shall be shown on the tentative plan and final plat
and included in the deed restrictions.
Section 7.070. LARGE BUILDING SITES In dividing tracts
into large lots or parcels which exceed the minimum lot
size, permitted by either the zoning map or the comprehensive
plan map, the Subdivision Review Committee may require that
the blocks be of a size and shape which.will facilitate
future redivision. Such conditions shall allow for future
street extensions and openings .
Section 7.080. LAND FOR PUBLIC PURPOSES
(1) If the County has an interest as expressed in its
capital improvements program in acquiring a portion of
a- proposed subdivision for a public purpose, or if the
County has been advised of such interest by a school district
' or other public agency, and there is reasonable assurance
that steps will be taken to acquire the land, the
Hearings Officer may require that those portions of the
' subdivision be reserved for public acquisition, for a
period not to exceed one year, although such area may
be platted and approved as part of the subdivision.
(2) All subdivision s__hl be required to dedicate an amount
of land for recreational purposes sufficient to provide
2.5 acres of usable park land for each 1.000 people.
' Outside an urban gowth boundary the amount to be
' - 52 -
e
VOL 32 Fur- 993
dedicated shall be established by determining the t
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:
Example
15,000 sq.ft. lots = 9 people/acre* '
1,000 people 3 9 people/acre =111 acres necessary
to accommondate 1,000
people
2.5 acres ; 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)
Inside urban growth, boundaries, the park dedication
standard shall be that established by mutual agreement
between Deschutes County and the appropriate city and
park district authorities. 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 subdivsion
lots to be sold in the subdivision.
Example.
10 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.
(4) The in lieu fees paid in accordance with this section
shall be set aside in a fund whose assets are
limited to the acquisition, improvement, or maintenance_
of park land.
Section 7.090. FLOOD HAZARDS. Areas subject to ponding
of surface waters or flooding caused by surface waters or
a high water table, shall not be subdivided until necessary
measures have been taken to eliminate the hazard involved.
The existence of such hazard may be just cause for disapproval
of the proposal.
Section 7.100. WATER SUPPLY. An adequate crater supply
shall be required for all subdivisions and partitions, and
shall be one of the following:
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C
t
VOL 32 FAGS 994
(1)
Individual wells: In any development where individual
wells are proposed, the applicant shall furnish evidence
that a safe and potable water supply will be provided
in adequate quantity and quality for domestic use
(5 gallons/minute minimum).
(2) 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 to and approved
by the appropriate state or federal agency.
(3) A community water supply system shall be required
where lot sizes are less than one (1) acre or
where potable water sources are at d:eptlis greater
than 500 feet, excepting land partitions.
Section 7.110. SOLID WASTE. The applicant must provide
a plan for disposal of solid waste generated by the develop-
ment. Such plan must be approved by the County Sanitarian.
Section 7.120., PUBLIC UTILITIES. In subdivisions all
public facilites provided shall be underground wherever
feasible.
Section 7.130. 'FIRE HAZARDS. Subdivisions shall be
subject to the following requirements:
(1) Ingress/egress routes from at least two different
directions shall be provided to assure adequate
access to fire and emergency equipment and easy
resident evacut_ion.
(2) Access ways to all lakes, streams, swimming pools
or other water sources, shall be provided for fire
trucks, and shall allow the trucks to locate within
12 feet from the water source. The access way shall
be capable of supporting a 65,000 pound equipment
vehicle.
(3) Bridges and roads shall be constructed to accommodate
fire fighting equipment appropriate to the area.
(4) All roads, streets and buildings shall be clearly
'
identified by permanent signs or numbers readable
from the street or road.
(5) All developments shall provide an adequate firebreak
i
i
bdi
on
s
v
around and within various segments of the su
and protective covenants shall be required to maintain
appropriate firebreaks, vegetation (as to height and
type), and building materials to reduce the likelihood
of fire.
r
54
0
11L 32 FACE 995
ARTICLE 8 IMPROVEMENTS
Section 8.010 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 A2pr oval. Improvement work shall not
be commenced until plans therefor have been reviewed
and approved by the Executive.Committee or a desig-
nated representative thereof. To the extent neces-
sary for evaluation of a proposed development, such
improvement plans may be required before approval of
the tentative plan or preliminary map or drawing..
(2) Improvements as Platted. Improvements shall be de-
signed, installed and constructed as platted and ap-
proved, and plans therefor shall be filed with the
final plat at the time of recordation or upon com-
pletion.
(3) Inspection. Improvements shall be constructed under
the inspection and approval of a County inspector
designated by the Executive Committee. Expenses
incurred thereby shall be borne by the applicant.
The ."inspector may require changes in sections and
details of the improvements if unusual conditions
arise during construction to warrant such changes.
711
(4) Utilities. Underground utilities including but not
limited to electric power, telephone, water mains,
water service crossings, sanitary sewers and stormwater
drains shall be constructed by the applicant prior to
the surfacing of the streets.
(5) As-Built Plans'. .A map showing public improvements
as built shall be filed with the Planning Department
upon completion of the improvements, and a copy
thereof shall be recorded with the final plat.
Section 8.030 IMPROVEMENTS IN SUBDIVISIONS. The follow-
ing improvements shall be installed, at the expense of the
applicant:
(1) Streets. Streets, including alleys and curbs, within
the subdivision, adjacent thereto, and those out-
side the subdivision required to be installed or im-
proved as a condition of subdivision approval, shall
be improved to specifications set forth by this or-
dinance and other applicable regulations. Catch
basins shall be installed and connected to drainage
facilities in accordance with specifications in this
and other applicable regulations, and in accordance
with additional specifications imposed by the County
- 55
u
VOL 32 FAGS 996
to meet specific conditions. Upon completion of
street improvements, monuments shall be re-established
in accordance with this ordinance and Oregon Revised
Statutes at every street intersection and all points
of curvature and points of tangency at their center-
lines. i
{
(2) Surface Drainage and Storm Sewer System. Drainage
facilities required within the subdivision and to
connect the subdivision drainage ways or storm sewers
outside the subdivision. Design of drainage within
the subdivision shall take into account the capacity
and grade necessary to maintain restricted flow from
areas draining through the subdivision and to allow
extension of the system to serve such area.
(3)-Sanitary Sewers._ Sanitary sewers shall be installed
to serve the subdivision and to connect the sub-
hall] take into
D
i
gn s
es
division to existing mains.
account the capacity and grade to allow for desirable
'
extension beyond the subdivision.
(4) Water System. Water lines and fire hydrants serving
each building site in the subdivision and connecting
'
the' subdivision to the serving system shall be installed
to specifications of the serving water system pur-
veyor. The design shall take into account provisions
for extension beyond the subdivision.
(5) Sidewalks. Sidewalks are required to be installed
on at least one side 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 Subdivision Review
'
Committtee may approve a subdivision without sidewalks
if alternative pedestrian routes are available. In
the case of streets serving residential areas hav-
ing single-family dwellings located on lots equiva-
lent 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.
(6) Bicycle Routes. If appropriate to the extension of
' a system of bicycle routes, existing or planned, the
Subdivision Review Committee may require the installation
of separate bicycle lanes within streets and separate
bicycle paths.
(7) Signs. Street name signs, stop signs, and all other
traffic control signs as required by the County En-
gineer or in accordance with the MUTCD shall be in-
stalled. A minimum.:of one street sign shall be pro-
vided at four-way intersections.
57 -
VOL '32 Facr_997
(8) Street Lights.-Street
lights shall be installed, and
'
shall be served from
an underground source of supply
as feasible.
j (9) Other. The applicant
shall make necessary arrangements
for the installation
of underground lines and facil-
ities. Electrical lines and other wires, including
but not limited to communication, street lighting
and cable television,
shall be placed underground
as feasible.
Section 8.040. IMPROVEMENTS IN PARTITIONS. The same
improvements may be required
to be installed to serve each
`
building site of a partition
.subdivi-
as are required of a
sion.
Section 8.060 ACCEPTANCE OF IMPROVEMENTS. Improvements
shall be considered for preliminary acceptance after inspection
at the time the improvements are constructed. Final accep-
tance shall be considered by the County Engineer within one
year after construction is completed.
Section 8.070. BUILDING PERMITS. No building permit.
shall be issued upon lots to be served by sanitary sewer
and water service as improvements required pursuant to this
ordinance unless such improvements are in place and service-
able. All.improvements required pursuant to this ordinance
and other applicable regulations shall be completed, in service
and approved by•the County Engineer prior to the sale and
occupancy of any building unit erected upon a lot within
the subdivision or partition. Prior to sale and occupancy,
and as a condition of acceptance of improvements, the County
Engineer may require a one-year naintenance surety bond in
an amount not to exceed 10 percent of the value of all
improvements to guarantee maintenance of said improvements
for a period of not less than one year from the date of
acceptance.
- 58 -
I
ARTICLE 9 IMPROVEMENT GUARANTEE
VOL 32 PAGE 9,98
Section 9.010 AGREEMENT FOR IMgROVEMENTS. Prior to final
approval of a subdivision plat or partition map, the appli-
cant shall either install required improvements and repair
existing streets and other public facilities damaged in the,
development of the property or execute and file with the
Planning Department an agreement between himself and the
County specifying the date on which required improvements
and repairs shall be completed and providing that if the
work is not completed within the period specified, the
County may contract to have the work completed and recover
the full cost and expense, together with court costs and
attorney fees necessary to collect said amounts from the
applicant. The agreement shall also provide for reimburse-
ment of the County for the cost of inspection.
L'
Section 9.020. BOND
(1) Tyge of Security. The applicant shall file with
the improvement agreement, to assure his full per-
formance thereof, one of the following:
a. A surety bond executed by a surety company auth-
orized to transact business in the State of Oregon
in a form approved by the County Counsel.
b. Cash.
(2) Amount Required. Such assurance of
shall be for a sum approved by the
as sufficient to cover the cost of
and repairs, including related eng
cidental expenses and to cover the
inspection.
full performance
County Engineer
improvements
ineering and in-
cost of county
(3) Default Status. 'If the applicant fails to carry
out provisions of the agreement and the County has un-
reimbursed 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 dif-
ference.
(4) The bond shall not be released by the County until
one year from the improvement completion date spec-
ified by the applicant.
(5) The bond shall not be released by the County until
County inspectors have inspected the improvements
and approved them in writing.
- 59 -
- VOL 32 fAA99,
ARTICLE 10. VARIANCES T
Section 10.010 VARIANCE APPLICATION.
CATION. The Hearings
Officer
,
may authorize area or use variances frari the require-
ments of this ordinance. Applicati
f
'
on
or a variance shall
be made by petition staking fully the grounds of th
.
e appli-
cation and the facts relied upon by the petitioner. The
petition sh
ll
a
be filed with the preliminary plan.
Section 10.020. ACTION OF HEARINGS OFFICER. The Hear-
ings Officer shall
consider the application for a variance
at the same hearing at which h
e considers the preliminary
plan. A variance may be granted unqualifiedly or m
b
ay
e
granted subject to prescribed conditions, provided that the
Hearings Offi
e
c
r shall make all of the following findings.
'
A. Area Variance.
(1) That the literal application of the ordinance would
'
create practical difficulties resulting in private ex
greater
pense than public benefit.
'
(2) That the condition creating the
f
l
l
n
general throughout the surrounding
area
but
i
'
s
unique
to
the applicant's site.
,
(3) That the condition was not created by the applicant.
A self-created difficult
ill
y w
be found if the ap-
plicant knew or should have known of th
e restriction
at the time the site was purchased.
(4) That the variance conforms to the comprehensive plan
and the int
t
en
of the ordinance being varied.
B. Use Variance.
'
(1) That the literal application of the ordinance would
result in unnecessary hardship to the applicant.
An
unnecessary hardship will be found when the site
cannot be put to any beneficial use under the terms
of the applicable ordinance
.
2
'
(
) Each of the findings listed in subsections
A(2}
(3)
,
and (4) of this, section.
Section 10.030. HEARINGS OFFICER ACTION ON VARIANCE.
In granting or denying _a vari
'
ance, the Hearings Officer
shall make a written record of his findin
s a
d
g
n
the facts
in connection therewith, and shall describe the v
i
'
ar
ance
granted and the conditions designated. The Planning Depart-
m
t
en
shall keep the findings on file, and a copy of the vari-
ance granted and the condition
th
r
f
'
s
e
eo
shall be recorded
together with the final plat..
- 60-
VO 32 FACEMOO
' ARTICLE 11. ADMINISTRATION AND APPEALS.
' Section 11.010 BASIS OF DISPOSITION. Approval or de-
nial of an application for land development shall be based
upon and accompanied by a statement explaining the criteria
and standards considered relevant to the decision, stating
the facts relied upon in rendering the decision, and explain-
ing the justification for the decision based upon the cri-
teria, standards and facts set forth.
Section 11.020. APPEALS.
r
7
(1)- A person, including a county agency may appeal a•
decision, or requirement made by the Hearings Officer
as provided in County Ordinance PL-9. A person
may appeal to the Hearings officer from a decision
or requirement made by the Planning Director, the Ex-
ecutive Committee on the Subdivision Review Committee.
(2):Appeals will proceed according to the provisions of
County Ordinance PL-9.
(3) The Hearings. Officer, Planning Commission or Roard of
County Commissioners may review a lower decision on
its own motion, in accordance with the provisions of
County Ordinance PL-9.
Section 11.070.' PENALTIES. Violation of:any provision
of this ordinance is punishable upon conviction by a fine
of not less than $50.00 nor more-than $500.00,or imprison-
ment in the County Jail for not less than 25 days not more than
90 days, or both.
'
Section 11.080. VIOLATION DECLARED A NUISANCE. A land
division or use in violation of this ordinance is hereby declared
a nuisance.
1
Section 11.090. ENFORCEMENT. It shall be the respon-
sibility of the Planning Director to notify the Board of
County Commissioners of any violation of the ordinance and
'
to sign any necessary complaints.
Section 11.110. COMPLIANCE WITH OREGON REAL ESTATE REGU-
LATIONS. Prior to the sale of any lot within a subdivision,
a final subdivision plat shall be approved and recorded and
the subdivider shall file a "Notice of Intent" with the Oregon
'
State Real Estate Division.
Section 11. i C Y 191, RELIEF. When any real property
is or is proposed, to--be-.;sect, transferred, sold or disposed
'
of in violation--,S-f this_ or~.iinance, the Board of County Com-
missioners ox any person w1ioee 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,
- ,61
VOL 32 FAcd001,
temporarily or permanently enjoin, abate or set aside such
use, transfer, sale, disposition, offer, negotiation or
agreement.
1-1
Section 11.130. ADMINISTRATION OF ORDINANCE. It shall ,
be the duty of the Planning Director or designated represen-
tatives and the Hearings'Officer to administer the provisions
of this ordinance in such a way as to carry out its intent
and purpose.
Section 11.140. SEVERABILITY. If any section, subsection, I'
sentence, clause or phrase of this ordinance is for any reason
held to be invalid or unconstitutional by any court of compe-
tent jurisdiction, such decision shall not affect the validity
of the remaining portions of the ordinance. The Board of
County Commissioners of the County of Deschutes hereby de-
clares that it would have passed this ordinance and each sec-
tion, subsection, sentence, clause and phrase thereof, ir-
respective of the fact that any one or more of other sections,
subsection, clauses or phrases be declared. invalid or un-
constitutional.
Section 11.150. AMENDMENT, REPEAL.. This ordinance may
be amended or repealed as provided by law. County Ordinances
PL-2 and PL-7 and all amendments thereto are hereby repealed.
Section 11.160. CORRECTIONS. This ordinance may be
corrected by order of the Board of County Commissioners to
cure editorial and clerical errors.
Section 11.160. EMERGENCY CLAUSE. It being deemed
by the Board of County Commissioners of the County of Des-
chutes that an emergency exists, this ordinance shall be in
full force and effect from and after its adoption.
Adopted by the Board of County Commissioners of the
County of Deschutes, State o Oregon, on this
day of 19 .
CHAIRMAN
c
COMMISSIONER r~'r
COMMIS-Snt NFR
52
v
J
APPENDIX "A"
' DESCHUTES COUNTY ROAD STANDARDS
~r
i ~
STANDARD
SPECIFICATIONS
FOR ROAD
DESIGN
AND
CONSTRUCTION
C
. uyV 1
INTRODUCTION
These's ecifications are intended to `VOL JJ PAGE 3
p project the best interests of the public of
Deschutes County while not forcing an inordinate burden onto the potential developers
who will need to meet the requirements detailed on these pages. It is our intent
that the composition of this pamphlet will allow the engineering, surveying,
developing, contracting, and planning communities and the general public in Desc.hutes
County to easily determine what will be necessary to successfully accomplish road
construction in this County.
Because Deschutes County is only one of several public agencies concerned with
development of adequate transportation facilities, and because "overlaps" in areas
of responsibility exist, when a more stringent or more appropriate requirement is
requested by another authority, Deschutes County will normally allow the other
agency to control.
These specifications are intended to complete and compliment the Deschutes County
Planning Ordinances. Terms not defined within these pages shall be. assumed to be
as defined in the Planning Ordinances. In case of conflict between the requirements
of these specifications and other documents relating to the construction of County
Roads, Public Ways, and Private Roads falling under these provisions, the order of
precedence shall be as follows (the first listed sources shall control over the
latter listed sources):
Written Contracts entered into by Deschutes County
Appendices to these Specifications
Standard Drawings within these Specifications
The text of these Specifications
Applicable O.S.H.D. Standard Drawings
The General Specifications
AASHTO Policy on Geometric Design of Rural Highways (1965)
Unless otherwise detailed herein, all roads shall be designed and constructed in
accordance with the 1965 Edition of A Policy on Geometric Desi n of Rural Highway
s
by the American Association of State Highway and Transportation Officials AASHTO .
The "Tables, Appendices, and Standard Drawings" that form a part of these Specifica-
tions may be amended by Order of the Board of County Commissioners. The text and
"Tables, Appendices, and Standard Drawings" shall be maintained by the County Clerk,
and any amendment subsequent to the adoption of these Specifications shall be filed
in the Journal of the Board of Commissioners and shall become effective upon the
date signed by the Board of Commissioners. The County Engineer shall maintain a
true copy of the "Tables, Appendices, and Standard Drawings" and add thereto, any
amendments made by the Board. Failure to amend the drawings shall not affect the
validity of any amendments made by the Board to the Specifications or "Tables,
Appendices, or Standard Drawings." The Board may, from time to time, direct the
County Engineer, by Order, to replace the "Tables, Appendices, and Standard Draw-
ings" or portions thereof, on file with the County Clerk, with a revision thereof,
and include all lawful amendments to the drawings with the date of said Order. Such
revised drawings or portions thereof, shall bear the dated, authenticating signatures
of the Board and shall be filed with the County Clerk as a replacement superceding
the existing "Tables, Appendices, and Standard Drawings." Any "Tables, Appendices,
or Standard Drawings" or portions thereof, thereby replaced, shall be retained in a
separate file by the County Clerk.
TABLE•OF CONTENTS
VOL 33 FAvE 4
CONTENTS PAGE
Introduction i
Table of Contents ii
Definitions iv
1. ROAD DESIGN . . . . . . . . . . . . . .
. . . . . 1 - 4
A. Data Table Contents
B. Cross Road Intersections
C. Intersection Angles
D. Location of Centerline
E. Stubbed Roads
F. Partial Width Roads
G. Cul-de-Sacs
H. Block Length . . . . . . . . .
. . . . . 1
I. Access Restrictions
J. Road Names
K. Private Roads
L. Improvements of Public Rights-of-Ways . . . . .
. . . . . 2
M. Partitions
N. Primary Access Roads . . . . . . . . . . .
. . . . . 3
0. Secondary Access Roads . . . . . . . . . .
. . . . . 4
2. ROAD CONSTRUCTION . . . . . . . . . . .
. . . . . 4 - 6
A. General Specifications
B. Testing
C. Inspection
D. Clearing . . . . . . . . . . . . . .
. . . . . 4
E. Aggregate Base
F. Asphalt Prime Coat
G. Asphalt Penetration Macadam
H. Asphaltic Concrete Pavement
I. Concrete Curb
J. Catch Basins . . . . . . . . . . . .
. . . . . 5
K. Roads Not Maintained by County
L. Traffic Control Devices . . . . . . . . .
. . _ . . 6
3. IMPROVEMENTS AGREEMENT . . . . . . . . .
. . . , 6
4. IMPROVEMENT PLANS . . . . . . . . . . , . .
, . . . . 7
5. SURVEYING . . . . . . . . . . . . . . .
. . . . . 8
6. CATTLE GUARDS . . . . . . . . .
. . 9
TABLE I, Minimum Road Improvement Criteria . . .
. . . . 10
TABLE II, Minimum Length of Vertical Curves . . . . .
. . . . . 11
APPENDIX A, Road Naming Guidelines . . . . . . .
. . . , . A
'I I
r
I I
Page iii TABLE OF CONTENTS
' VOL e3e3 PAGE 5
CONTENTS PAGE
APPENDIX B, Sign Specifications . . . . . . . . . . B 1 & 2
APPENDIX C, Primary Access Variance Form . . . . . . . .C 1 & 2
APPENDIX D, Standard Oil Mat Placement Rates . . . . . . . . D
i
A
1
1
1
1
1
1
1
Page iv
. ; . 6 ~
DEFINITIONS* VOL 33 DACE
Area Classification: Three areas are classified per zoning ordinances (Urban, Sub- '
urban, and Rural
Contiguous to a Public [day: Touching except on a point when the property touching ,
the public way on a point has no access to the public way. Property which is con-
tiguous to a public way at a point and has any access at all to the same public
way shall be considered contiguous to that public way.
.1 1
County Engineer: As used in these specifications, the County Engineer shall be
the Deschutes County Engineer, the Deschutes County Roadmaster, or their Authorized
Representative.
Development: Includes subdivisions, all partitions, and all other land use permits
requiring site plan or design review.
Functional Classification: All roads are generally functionally classified as
Arterial, Collector, or Local. These classifications are based on the present or
planned usage of the roads.
Plain Road: The road intersected by a side road.. The road planned to be the most
important of intersecting roads.
Major Driveway: An access creating potential traffic impact, impact which is
judged by the County Engineer, to be major.
Major Site Plan: A site plan providing for a use that reasonably may be anticipated
to generate a substantial increase in traffic to and from the site, or if the site.
fronts on a congested street. A substantial increase in traffic is defined as that
which in the opinion of the County Engineer will create an unsafe condition on the
road or street, in view of existing traffic counts, types of traffic usage, and the
width of-the- existing pavement. Substantial increases include those that make the
.traffic counts exceed the capacity recommended for the existing road in traffic
engineering references.
* Any terms not defined above or in the text of these Standards, shall be as
defined by the County Ordinances for Planning, the General Specifications, or
common engineering usage.
STANDARD SPECIFICATIONS FOR DESIGN AND CONSTRUCTION
Page One
1: ROAD DESIGN
VOL 33 PAGE 7
A. Data Table Contents: The radius of curvatures, grades, vertical curves
and intersection radii of streets shall meet or exceed the standards
prescribed in Tables 1 & 2 herein.
B. Cross Road Intersections: Where "side" roads (and/or major driveways)
intersect with a "main" road,* the "side" roads shall be'directly opposite
of each other, across the "main" road, or shall be separated by at least
two hundred fifty feet (250') along the "main" road. (The extended
centerlines-of the side roads shall intersect each other at the centerline
' of the main road, or shall be separated by, at least, 250'.)
C. Intersection Angles: Road intersections should be at right angles. If
topography requires a lesser angle exceptions may be granted, but in no case
shall the acute angle be less than 60 degrees.
D. Location of Centerline: The centerline of the road and the centerline of the
right-of-way shall coincide.
E. Stubbed Roads: Roads that are planned to be continued onto presently un-
developed lands shall be terminated at the boundary of the present develop-
ment with a temporary, unpaved, cul-de-sac. When the contiguous land is
developed, the roads shall be extended. into this development and the temporary
cul-de-sac shall be removed by the developer of the contiguous land. The
easement dedication for the area required for construction of the temporary
cul-de-sac bulb which lies outside the normal right-of-way of the stubbed
road, shall be dedicated to the public in the final plat (as indicated on
' the Standard Drawing herein). The dedication of an easement for the
construction and use of a temporary cul-de-sac bulb exclusive of the end
of a stubbed road shall be substantially as follows: "a construction and
transportation easement to the public across that portion of the eighty
foot (80') diameter circle lying outside the right-of-way of the stubbed
road and within the development, the center of which is located on the
centerline of said stubbed road and thirty six feet (36') from the boundary
of the development at which the road is stubbed is hereby dedicated to the
public. This easement shall terminate when an extension of said stubbed
road is constructed and accepted pursuant to ORS 368.546."
' F. Partial Width Roads: These roads shall be discouraged and are to be used
only when a viable alternative cannot be found. Cross sections and standards
shall comply with those of the appropriate area and functional classifications
of the eventually planned "full road if practicable. (See the standard
drawings herein.) -
G. Cul-de-sacs: Cul-de-sacs shall have a length of less than six hundred feet
600') and more than one hundred feet (100') from the center of the bulb to
the center of the main road.
' H. Block Length: Block length shall generally be more than one thousand feet
1000' but less than one half mile.
STANDARD SPECIFICATIONS FOR DESIGN AND CONSTRUCTION
Page Two
VOL 33 PAGE 8 r
I. Access Restrictions: Access to Arterials is restricted and access to
Collectors is limited. Access permits are required except when access
is granted by the Board of County Commissioners through the subdivision
process.
J. Road Names: Except for continuations of existing roads, no road name
shall duplicate or be confused with the existin$ names within Deschutes
County and surrounding areas. (See Appendix A.1
K. Private Roads: The following minimum road standards shall generally
apply for private roads to be reviewed by the Road Department in con-
nection with the planning process:
1. Minimum roadway width = 20 feet
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.
L. Improvements of Public Rights-of-Ways: The developer of a subdivision,
partition, or site plan, on both sides of or contiguous to, a public
right-of-way, shall be responsible for the donation of additional right-
of-way and the improvements thereof, as follows:
1. If the public way is contained within the development, the cost of
improving the road to standard conditions shall be, wholly, the
responsibility of the developer.
2. If the development is contiguous to a public way, the costs
assigned thereto shall be as follows:
a. For a development creating a condition which would be
unsafe if the public way were not improved, the total cost
of improving the way as is 1.) above.
b. For the first improvement required of a contiguous developer.
of a portion of the.public way, the developer shall bear the
cost of constructing the curbs on one side and all the earth-
work and aggregate'base.
c. For the next improvement by a contiguous developer to a public
way, that has previously been improved as in b.) above, the
developer shall bear the cost of all additional improvements
required.
3. The responsibility of cost for the developer can be met by:
a. construction of the improvement or
b. formation of a special road fund, with the County Treasurer,
of an amount approved by the County Engineer, which shall be
the current approximated cost of the improvement plus ten
percent (10%), which shall be reserved for construction of
I j
t
t
DESCHUTES COUNTY ROAD DEPARTMENT
STANDARD SPECIFICATIONS FOR DESIGN AND CONSTRUCTION VO! 33 PACE
Page.Three
the improvement only, which shall totally absolve the developer
of any additional costs at the time of construction, and the
excess of which, if any, above the actual construction cost,
shall be returned to the developer after the construction has
been completed.
M. Partitions: Roadway improvements to, and within, a partition shall be
made when it is partitioned, depending on the minimum parcel size, as
follows:
1. For a parcel size of forty acres or more - a graded road, at least
twenty feet (20') wide, within the right-of-way, capable of being
traveled by emergency vehicles.
2. For a parcel size of ten (10) acres or more, (but less than 40
acres) a graded road at least twenty four feet (24') wide, the
centerline of which coincides with the centerline of the right-of-
way, which is cleared at least thirty two feet (32') wide (16'
each side of centerline).
1 3. For a parcel size less than ten acres - a road, the centerline of which
agrees with the center of the right-of-way, to either stage one or
stage two standards as indicated in the Standard Drawings and Table
One, as follows:
a. Stage One - road for the first partitioning of the original
parcel; and
b. Stage Two - roads for all additional partitioning of the original
parcel (including improvements made.to previous stage one con-
struction).
c. An exception to the standards may be granted if the following
conditions are met:
i. There is no need to continue the road through the partition,
now, or in the forseeable future, and a turn-around is pro-
vided; and
ii. The ultimate us;e of the road will be for not more than three
parcels.
' d. The minimal accepted roadway standard, if the above variance is
granted, shall be a cinder surface with a compacted depth of five
inches and all other specifications listed in "K. Private Roads."
' N. Primary Access Roads: All new subdivisions shall have a road improved to
primary access standards from a paved County, City, or State maintained
I road to and through the subdivision. An exception to the primary access
road requirement may be made by the Deschutes County Board of Commissioners
if the following conditions exist:
1. The subdivision has eight or less lots;
2. Primary access road goes through an existing subdivision; and
3. If average lot area is five (5) acres or greater.
If the above exception is to be granted it must be applied for through the
' Road Department on their standard form (See Appendix C), and the following
road standards shall apply:
9
STANDARD SPECIFICATIONS FOR DESIGN AND CONSTRUCTION
Page Four
VOL 33 FAGE 10
1. The primary access road within the subdivision shall be paved to
primary access road standards.
2. The portion of the primary access road from any paved County, City,.
or State maintained road to the subdivision shall have a minimum
subgrade width of thirty six feet (36') with a minimum compacted
depth of five inches (5").of cinder aggregate or an alternate ap-
proved by the County Engineer.
0. Secondary Access Roads: These shall be furnished to all subdivisions,
and shall be constructed to the applicable area and functional classi-
fications. %
2. ROAD CONSTRUCTION
A. General Specifications: Unless otherwise detailed herein, all roadway
excavation, fill construction, subgrade preparation, aggregate bases,
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 Speci-
fications. Whenever these specifications refer to the State, consider
that to mean the County of Deschutes, the appropriate County Department,
or appropriate County address, and likewise, references to the Commission
or the Engineer shall be taken to mean the Board of County Commissioners
or the County Engineer.
B. Testing: All testing, except as herein noted, shall conform to methods
described in "A.A.S.H.T.O." (Materials, Part II, Tests", llth.Edition,
1974, or the Oregon State Highway Division "Laboratory Manual of Test
Procedures."
C. Inspection: The County Road Department shall be notified two (2) working
days in advance of the time for subgrade inspection, two (2) working days
in advance of the time for base inspection and two (2) working days in
advance of the time for paving inspection. Previous stages of construction
are to be inspected and approved before placing the pavement. The final
inspection shall require seven.(7) days notice.
If proper notification for inspection is not received, or if all stages of.
construction have not been approved by the County Engineer in writing,
the Deschutes County Road Department will not grant approval of the road
for a period of time set by the County Engineer.
D. Clearing: The right-of-way shall be cleared of all fixed objects. However,
in developments where traffic safety would not be involved, and a lesser re-
quirement would not create a hazard, the right-of-way shall be cleared.a
minimum of forty feet (40'), or four feet (4') beyond the edge of the
shoulder or curb line of the finished road; also in the case of individual
trees which are considered exceptional or stately, an allowance may be
made by the County Engineer in writing, to leave the trees within the above
mentioned area.
e
I I
1
STANDARD SPECIFICATIONS FOR DESIGN AND CONSTRUCTION
Page ,Five VOL 33 FACE 11
' E. Aggregate Base: Only cinder aggregate from a source approved by the
County Engineer, or crushed aggregate meeting the requirements of Sec-
tion 703.07 of the General Specifications, shall be used. Material
' shall not be layed in depths exceeding six inches (6") until compacted.
The maximum aggregate size shall be five inches (5") but shall not exceed
three inches (3") in the top.five inches (5") of the base course. If the
aggregate meeting the requirements of Section 703.07 of the General
Specifications are used where cinder aggregates are allowed, a twenty-
five percent (25%) reduction will be allowed in the required depth.
' F. Asphalt Prime Coat: For all roadway sections using an oil mat, and for
Asphaltic Concrete on cinder base, an asphalt prime coat will be applied
to the aggregate base. The prime coat will be applied in accordance
with Section 408 of the General Specifications. The oil will be MC-250
as specified in Section 702 of the General Specifications. The application
rate of the oil will be 0.50 gallons per square yard or as specified by
the County Engineer.. Aggregate shall be applied over the prime coat and
shall be 1/2" to 1/4" 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, unless an exception is granted by the County
Engineer in writing.
G. Asphalt Penetration Macadam: When an oil mat is placed, it shall be
I applied in accordance with Section 406 of the General Specifications, ex
cept.as specified by the County Engineer. It shall be equal to or greater
than a type 0-9 penetration macadam as shown on the Oregon State Highway
Division Standard Table of Details (Appendix D.) The bituminous material
used shall have a 720 F Penn between one hundred and two hundred (100 and
200).
H. Asphaltic Concrete Pavement: Where asphaltic concrete pavement is required
it shall be placed in accordance with Section 403 of the General Specifica-
tions. The asphalt cement shall be AR-2000. The class of asphalt concrete
shall be Class B. A mix design shall be submitted at least one week prior
to paving,
1. Concrete Curb: Where required, Portland cement concrete curbs shall be
constructed in accordance with Deschutes County "curb-driveway" Standard
Drawing and Section 609 of the General Specifications. The concrete shall
be Class 2500 as specified in Section 504 of the General Specifications.
The curbs shall be backfilled with select backfill. The select backfill
shall be compacted hard aggregate, sand, Knott Pit dirt, or approved equal.
J. Catch Basins: Catch basins shall be constructed per the Standard Drawing
herewith. Catch basins shall. be able to receive and pass four hundred
(400) gallons per minute or an amount approved by the County Engineer.
1 Catch basins shall be constructed of Class 2500 Portland cement concrete.
t
VLJl.f1V 1 CJ l.uwv 1 i KUAU ULFAKIMEN I -
STANDARD SPECIFICATIONS FOR DESIGN AND CONSTRUCTION
Page Six
VOL 33 FAGE~ 12,;
K. Roads Not Maintained by County: All roads not to be maintained by the r
County shall be posted with the approved sign. (See Appendix B.)
L. Traffic Control Devices: Signs shall comply with Appendix B. Signing
at intersections shall be procured at the expense of the developer. The
,
County shall not manufacture, sell, or install signs until roads are
accepted into the County maintained system. Any traffic control
devices deemed necessary by the County Engineer shall also be procured
and installed by the developer and the developer shall supply construc-
tio
i
i
i
n s
gn
ng
n accordance with the MUTCD (Current Manual) of Uniform'
Traffic Control Devices, Federal Highway Administration).
3. IMPROVEMENTS AGREEMENT
Prior to road improvements being made to a public way,'the developer shall
execute and file an agreement between himself and the County Engineer
,
specifying the period in which he or his agent or contractor shall complete
all improvement work, and providing that, if he shall fail to complete such
work within said period, the County shall call o
n a surety to complete the
same.
The agreement submitted shall be accompanied by an itemized estimate (and
the supporting calculations therefore) of the construction costs of the
improvements.
The agreement shall provide for the County Road Department to inspect any or
all of the planned improvements and shall provide-for reimbursement
to the
.
County Road Department for all costs incurred during the inspections. The
agreement shall hold the County harmless and may provide for:
A
Th
,
.
e construction of the improvements in units;
B. An extension of time under conditions therein specified; and
C. Progress payments.
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 County
Engineer, deemed sufficient to cover the cost of said improvements, and inci-*
dental e
d
xpenses, an
to cover replacement and repair of existing streets and
th
i
'
o
er
mprovements damaged in the development of the subdivision
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 bonds, 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..
STANDARD SPECIFICATIONS FOR DESIGN AND CONSTRUCTION
Page; Seven
VOL 33 FACE 13
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 County Engineer will not be released until written authorization
is received from the County Engineer.
4. IMPROVEMENT PLANS
A complete set of Improvement Plans shall be
' Deschutes County Road Department prior to the
signing of the final plat, of any road which
The Improvement Plans (which shall be twenty
' 24" x 36") shall include, but not be limited
submitted and approved by the
start of construction or the
is to become a public way.
four by thirty-six inch,
to the below listed items.
A. A Plan View showing:
1.
Dimensioning necessary to survey and relocate the roadway;
2.
Right-of-way lines as shown on the final plat;
3.
Location and size of all drainage and irrigation structures within
1
the right-of-way;
4.
Location of all existing and proposed: utilities;
5.
Location and type of the proposed signs;
6.
A vicinity map (the scale of which shall be approved, in advance,
by the County Engineer);
7.
Scale;
8.
North Arrow.
B. A
Profile Showing:
1.
Centerline grades and vertical curves;
2.
Original ground at centerline (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.
Same as A. 3. above;
'
6.
Scale.
STANDARD SPECIFICATIONS FOR DESIGN AND CONSTRUCTION
Page Eight VOL 33 FADE 14
1 s
C. Typical Roadway Cross-Sections showing:
1. Width and depth of base;
2. Width and depth of paving;
3. Curbs (if required);
4. Side slopes;
5. Ditch section (if required);
6. Scale.
D. Structural and detail plans of all bridges, stamped by a registered pro-
fessional engineer.
E. Detail plans of any drainage and irrigation structures, sewer lines, or
other structures.
F. Any other information required by the County Engineer.
5. SURVEYING
All roads within subdivisions shall be located by a survey crew to insure the
roads are constructed at the. location shown on the improvement plans.
A Cut or fill of more than one. foot (1') and any superelevated section, at
fifty foot (50') stationing, shall require:
1. Offset stakes (RP's) marked with the offset distance and the cut or
fill to the subgrade shoulder; and
2- Shoulder lath for the aggregate shoulder.
-8. Cut or fill of less than one foot (1'), at one hundred foot (100')
stationing, shall require clearing lath for subgrade and shoulder lath
for aggregate base; and, at two hundred foot (200') stationing, offset
stakes showing the offset distance and the cut or fill to the subgrade
centerline.
C. Curbed sections, at twenty-five foot (25') stationing, shall require an
offset hub indicating line and grade.
D. Shoulder lath stationing for aggregate base shall not exceed fifty feet
(50') in curves.
II
IN
s
STANDARD SPECIFICATIONS FOR DESIGN AND CONSTRUCTION
Page" Rine
6. CATTLE GUARDS
VOL 33 PAGE 15
If an individual wishes a cattle guard on a County maintained road or a public
way (and Deschutes County agrees to have a cattle guard at the proposed loca-
tion) an agreement with the following provisions shall be entered into with
Deschutes County and the individual:
A. Unpaved Roads:
1. Individual to furnish and pay for cattle guard material.
2. County to install cattle guard (including twenty five feet (25') of
approach pavement at each side.)
a. If on County maintained road, County will pay expenses.
b. If on public way, individual will pay County for County's expenses,
and will be responsible for the cost of maintenance thereafter.
B. Paved Roads:
1. "Paint Strip" cattle guards to be used.
2. Individual will be responsible for costs for initial installation and
maintenance thereafter.
3. If County destroys the paint (as with a seal coat) the County will have
the paint replaced.
C. If the cattle guard becomes unnecessary or hazardous, in the opinion of the
County, it may be removed by the County at any time.
t■
TABLE
11INIMUM ROAD IMPROVEMENT CRITERIA
Right
Pave-
Inter-`
Design
Maximum
Minimum
Base
'
Road
of Wlay
ment
section
Speed
% of
Curve
Depth
--Type
Width
Width
_Radii
(M.P.H.)
Grade
Radius (3)
UR
BAN
'
Arterial
80'
44'(1)
20'(2)
45
6
400'
(4)
Collector
60'
40'(1)
20'(2)
35
8
300'
10
Local
60'
36'(1)
15'(2)
25
10
150'
8
,
Stage I
60'
24'(1)
20'
25
10
150'
8
Alley
20'
20'(1)
0
15
12
55'
8
S U B U R B A N
I
Arterial
80'
36'(1)
55'
55
.8
500'
(4)
Collector
60'
28'
35'
45
10
400'
12
Local
60'
24'
20'
25
12
150'
10
Stage I
60'
N. A.
N. A.
25
12
150'
10
,
RU
RAL
Arterial
80'
361(i)
55'
60
8
600'
(4)
Collector
60'
28'
351
55
10
500'
12
'
Local
60'
N. A.
N. A.
35
12
150'
10
Stage I
60'
N. A.
N. A.
35
12
150'
5
S P E
C I A L
'
Indus. Park
60' -
36'(1)
55'
35
8
300'
(4)
Fri. Access
60'
24'
35'
35
10
300'
10
,
FOOTNOTES:
1.) Pavement must be tw
o inches
(2") of A.C.
(asphaltic
concrete) or
approved
u
2.) Curbs a
re required.
Radius
is curb return
radius.
1
3.) Entries
in this col
umn repr
esent minimum required compacted inch
es of
cinder base
aggregate.
75%'of t
his depth is
allowable i
f aggregates
complying
with note 4,
following,
are subs
tituted.
4.) 10" of base aggregate complying with OSHD Std. Specifications, Section
304.12 (cinders are not acceptable, nor are pit*run materials).
GENERAL NOTES: N.A. means not applicable
If bike paths are required, the minimum acceptable pavement width is 36'. '
33 FAcE 16 M
U
I I
t
~b
~w
~m
~ al
1
ini-nu o- nmt h Vartical turves
(A.A.S.H.T.O. policy)
cvost Curves
20-
---7
.
1
a~
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1C
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a~
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0
von 33 PACE 17
0
50
0 10
00 15
00 20
00 25
00 30
Length (feet )
sa, Curves
1 15 `
m
v
Ca
SLR
V
C
10
U
C
L
v-
v-
5
U
cc
L
Q~
Q
a
i
0 -RAr 1000 15
00 9,0
00 ?5
(10 -10(
Length (feet)
)01
APPENDIX "A"
VOL 33 FACE 18 f
STREET NAMING GUIDELINES
There should be no duplications of color, size, or specie as an adjective
first work of a two word name (for example: Green Willow, Green Ridge, etc.;
Big River, Big Tree, etc.; and Pine Cone, Pine Crest, Pine Drive, etc..) as
much as possible, road names should be one word names.
The continuous road suffix codes should be as follow:
1. Roads running north and south (N-S) should be designated STREETS;
2. Running E-W should be AVENUES; and
3. Running at approximately 450 angles (NS-EW) should be ROAD.
The interrupted road suffix codes chould be as follow:
1. Roads running north and south should be designated PLACE; '
2. Running E-1-1 should be COURT; and
3. Running at 450 angles, should be WAY.
' APPENDIX B VOL FACE
1, 9
' 1. GENERAL
All signs shall be manufactured from 0.030 inch thick aluminum stock and shall
be mounted onto four inch (4") by four inch (4") by twelve foot (12') 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 (6') nor more than twelve feet
(12') from the edge of the road. The top of the post shall be nominally eight
feet (8') above the elevation of the near edge of the road. The posts shall
be painted white. All reflective material shall be "3M 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 County Roads shall have a reflectorized green background
and reflectorized white letters. Road name signs for Public Ways shall have
a white background and black letters. These signs shall be six inches (6")
high and of sufficient length to allow the necessary letters to be mounted and
to allow for a one and a half inch(] 1/2") margin at each end, but shall not
be less than 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 prefixes 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 (4") by four inch (4") metal brackets, onto the
top of the sign posts. Brackets shall be #827F 4"x4 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 (5') and a maximum
' of seven feet (7') 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 (30") by thirty inches
' (30") and shall have a one inch (1") border which extends to the edge of the
sign. All other stop signs shall be twenty four inches (24") by twenty four
inches (24") and shall have a three quarter inch (3/4") border which extends
to the edge of the sign.
STANDARD SPECIFICATIONS FOR DESIGN AND'CONSTRUCTION
Appendix B - Page Two
VOL 33 eaGE ~
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, here-
with shall be erected on all roads, or at all access points to subdivisions,
that are not to be 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 County Engineer shall be
procured and installed by the developer and the developer-shall--supply con-- -
struction signing in accordance with the MUTCD (Current Manual of Uniform
Traffic Control Devices, Federal Highway Administration).
APPENDIX "C"
t REQUEST FOR VARIANCE VOL 1r)
FROM 00 PACE 21
' PRIMARY ACCESS STANDARDS
(Please print or type application information. Attach additional sheets if*
necessary.)
APPLICANT
(Name) (Telephone)
' (Address) (City)
SUBDIVISION
(Name) (Prelim. Plat
1} Location
a) General Area:
b) Township: Range:Section:
c) Tax Lot Number:
2) Existing Conditions
a) Zoning:
' b) Topography:
c) Natural Considerations:
' d) Nearest Paved Road (Name, Distance, Avg. Daily Traffic as documented by
Traffic Counts conducted by County, State, or another accepted authority.
' e) Names of, and existing road conditions in, nearby subdivisions (special
note should be made of any development through which the primary access
' will pass):
3) Primary Access Road.
a) Length: Within Subdivision Outside Subdivision
b) Future developmental impacts on the road:
c) Number of lots serviced by the Primary Access (presently and probably in
' the future):
d) Special construction problems forseen:
e). Cost (paved and modified standards):
- -
. .
VOL 33 FACE 22
4) tt'hy the applicant feels he will be required to bear an inordinate cost
if he complies with the paved standard: r,
1
S) Alternate proposals, to sufficiently serve
the general public and the pro-
-posed residents, that the applicant suggest
s:
Applicant hereby applies to Deschutes County
Board of Commissioners for a
variance to the Primary Access Road Standards
in conformance with the Deschutes
1
County Road Department Standard Specifications
for Design $ Construction.
(Applicant's Signature)
(Date)
(include a Vicinity Map with this application
showing all features pertinent
1
to this request)
ROAD DEPARTMENT/PLANNING DEPARTMENT
DESCHUTES COUNTY
BOARD OF COMMISSIONERS
1
APPROVED BY
Chairman
1
Commissioner
1
Commissioner
1
1
1
-
1
1
1
1
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VOL 3 FACE 24
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