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14-108-Ordinance No. PL-2 Recorded 9/9/1970f` L P18 r DESCHUTES COUNTY SUBDIVISION ORDINANCE No. PL -2 Deschutes County, State of Oregon September 1970 TABLE OF CONTENTS VOL 14 pact 0J Page ARTICLE .1 PURPOSES, ADMINISTRATION, GENERAL PROVISIONS AND DEFINITIONS ..... ............................... .. 1 Section 101 Adoption .. ....... ............................ 1 Section 102 Purposes and Objectives .................................. 1 Section 103 Short Title .... .. ...... .... ............... 2 Section 104 Application - Authority for Local Regulation ... .. .. 2 Section 105 Advisory Role of the County Planning Commission .........., 2 Section 106 Relationship to Comprehensive General Plan ............... 2 Section 107 Relationship to Official Map ............................. 2 Section 108 Relationship to Zoning Ordinance ......................... 2 Section 109 Construction and Definitions ............................. 3 ARTICLE 2 PHYSICAL IMPROVEMENT REQUIREMENTS ....................... 7 Section 201 Rights -of -Way and Street Improvements.................... 7 Section 202 Alleys ................................................... 7 Section 203 Drainage Works.......................................... 7 Section 204 Sewage Disposal. ............. 7 Section 205 Water Supply and Fire Suppression ....................... 8 Section 206 Other Improvements ..... 9 ..... ... ... .. Section 207 Minimum Rights -of -Way and Street Improvements ........... 10 Standards for Urban Subdivisions ..................... 11 Standards for Suburban Subdivisions .................. 12 Standards for Rural Recreation and Rural Subdivisions. 13 ARTICLE 3 SUBDIVISION DESIGN REQUIREMENTS ......................... 14 Section 301 Streets ............................. 14 Section 302 Lots ............. .................... ............... 16 Section 303 Blocks ....................... ....... ..... 17 Section 304 Easements ............................................... 17 Section 305 Flood Hazards . ....... ..... ....... ...... 17 Section 306 Planned Unit Developments. ....... 17 Section 307 Allocation of Space for Private and Public Facilities and Recreation. .. � ... ............... 18 Section 308 Partial Recording Based onPreliminaryPlat ............. 18 ARTICLE 4 SUBDIVISION COMMITTEE ................................... 19 Section 401 Establishment of Committee ...... 19 Section 402 Duties of Committee .... ... ... 19 Section 403 Subdivision Conference .................................. 19 . i r f f1 ARTICLE 5 Section 501 Section 502 Section 503 Section 504 Section 505 Section 506 VOL ?AGFy.� Page PRELIMINARY PLAT" .......................................... 19 Filing Procedure .... . ...... 19 Form and Scale of PreliminaryPlat ..................... 20 Information on Preliminary Plat .......................... 20 Statements to Accompany Preliminary Plat ...........'21 Subdivision Review and Planning Commission Action ........ 22 Termination of'Preliminary Map Approval .................. 23 ARTICLE 6 FINAL PLAT ............................................... 23 Section 601 Requirements .............. 23 Section 602 Fees ........................................ 24 Section 603 Form of.Final ................................... 24 Section 604 Information on Final Plat ................................ 24 Section 605 Survey Requirements. ............................ 25 Section 606 Certificates on Final Plat............................... . 25 Section 607 Dedications and Public Utility Requirements ......... 26 Section 608 Designation and Conveyance of Reserve Strips as Lots ..... 26 Section 609 Improvement Plans ........................................ 26 Section 610 Improvements .. ....................................... 26 Section 611 Monuments ........ .................................... 27 Section 612 Evidence of Water Supply................................ 27 Section 613 Procedure for Processing Final.Plat ...................... 27 Section 614 Improvements Agreement ................................... 28 ARTICLE 7 EXCEPTIONS ............... 29 Section 701 Exceptions Authorized .................................... 29 Section 702 Application ............................................... 29 Section 703 Referrals ...... ... ................. .... 29 Section 704 Action of Planning Commission .. 29 Section 705 Appeal to County Board of Commissioners 30 Section 706 Planned Unit Development ......... ...... ........ .... 30 ARTICLE 8 PENALTIES, ENFORCEMENT, CONSTITUTIONALITY, ENACTMENT ..... 32 Section 801 Penalties ........... .....6 ................... 32 Section 802 Enforcement ................ ....... ............... 32 Section 803 Voidable Conveyances ..................................... 32 Section 804 Compliance with Oregon Real Estate Requirements .......... 32 Section 805 Constitutionality ........................................ 33 Section 806 Amendment, Repeal ........................................ 33 Section 807 Enactment ................................................ 33 SUBDIVISION ORDINANCE ORDINANCE NO. PL -2 " VOL 14 PAU hi ) AN ORDINANCE PRESCRIBING REGULATIONS GOVERNING THE SUBDIVISION OF LAND, FOR THE PREPARATION, PROCEDURES AND APPROVAL OF.SUBDIVISION PLATS AND IMPROVEMENTS, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF, IN THE UNINCORPORATED AREAS OF DESCHUTES COUNTY, OREGON. ARTICLE 1 PURPOSES, ADMINISTRATION, GENERAL PROVISIONS AND DEFINITIONS SECTION 101 ADOPTION There is hereby adopted, as provided herein, a subdivision ordinance for the County of Deschutes, State of Oregon: SECTION 102 PURPOSES AND OBJECTIVES The subdivision ordinance is adopted to preserve, protect and promote the public health, safety, convenience, prosperity and general welfare. More specifically the subdivision ordinance is adopted in order to achieve the following objectives: A. To aid in the implementation of the Comprehensive General Plan of the County of Deschutes, and elements thereof, as adopted by the tognty Board of Commissioners. B. To provide lots of sufficient size and appropriate design for the purposes for which they are to be used. C. To provide streets of adequate capacity for the anticipated traffic which would utilize them and to ensure that they are designed to promote a safe vehicular and pedestrian traffic circulation system. D. To accomodate new development in a manner which will preserve and enhance the County's living environment and create new beauty through skilled subdivision design. E. To provide for water supply, sewage disposal, storm drainage and other utilities and facilities which may be required by conditions of an urban or rural environment. F. To protect and enhance real property values. G. To coordinate subdivision policies and regulations of the County with those of cities within the County in order to facilitate transition from county to municipal jurisdiction that land which is developed first in unincorporated territory and is annexed subsequently to a city; and, to ensure unimpeded development of such new urban expansion that is logical, desirable and in accordance with the goals, objectives and policies of the County's Comp- rehensive General Plan. - 1 - �� SECTION 103 SHORT TITLE VOL PAUL'? This ordinance shall be known as the "Subdivision Ordinance". SECTION 104 APPLICATION- AUTHORITY FOR LOCAL REGULATION Pursuant to the provisions of Chapter 92 of the Revised Oregon Statutes, referred to herein as the Plats and Subdivisions Act, and in addition to any other regulations provided by law, the regulations hereinafter in this ordinance contained shall apply to all subdivisions or parts of subdivisions hereafter made, entirely or partially, within the unincorporated limits of the County of Deschutes. The provisions of this ordinance are supplemental to the provisions of the Plats and Subdivisions Act, and, except as otherwise provided, all terms used herein which are defined in the Plats and Subdivisions Act shall have the same meaning as described in the Act. SECTION 105 ADVISORY ROLE OF THE COUNTY PLANNING COMMISSION The Planning Commission of the County of Deschutes, State of Oregon, is hereby charged with the duty of making investigations and reports on the design and improvement of proposed subdivisions. The Commission shall have such additional powers and duties with respect to subdivisions, the maps thereof and the pro- cedure relating thereto as are prescribed by the Plats and Subdivisions Act and by this ordinance. SECTION 106 RELATIONSHIP TO COMPREHENSIVE GENERAL PLAN A subdivision plat shall conform to the policies of the Comprehensive General Plan and elements thereof as adopted by the County Board of Commissioners, with respect to the type and intensity of land use, population densities and distribution, locations and sizes of public areas, and rights-of-way and improvement of streets. SECTION 107 RELATIONSHIP TO OFFICIAL MAP A subdivision plat shall conform with plans for the location, widening or extension of streets and highways and for other projects of a similar' as shown on an Official Map as adopted by the County Board of Cowiss-iormn. In the absence of an Official Map, the alignments of streets or hi~ shall conform generally with the alignments of streets or highways shown on the Comprehensive General Plan or an element thereof. SECTION 108 RELATIONSHIP TO ZONIG 00-100-f A subdivision plat shall coriforo i n all respects wi th - appl i caable regulati orfs of the zoning ordinance. - 2 - r SECTION 109 CONSTRUCTION AND DEFINITIONS VOL 14 PAGE't1_ 3 The definitions of words used in this ordinance, and the construction of the 'Words in provisions thereof, shall be as follows: A. CONSTRUCTION The following rules of construction shall apply unless inconsistent with the plain meaning of the context of this ordinance: 1. TENSE: Words used in the present tense include the future tense. 2. NUMBER: Words used in the singular include the plural, and words used in the plural include the singular. 3. SHALL AND MAY: The word "shall" is mandatory; the word "may" is permissive. 4. GENDER: The masculine shall include the feminine and neuter. 5. HEADINGS: In the event there is any conflict or inconsistency between the heading of an article, section or.paragraph of this ordinance and the context thereof, the said heading shall not be deemed to affect the scope, meaning or intent of such context. B. GENERAL TERMINOLOGY The word "County" shall mean the County of Deschutes, Oregon. The words "County Commission" shall mean the County Board of Commissioners of the County of Deschutes. The words "Planning Commission" and "Commission shall mean the Planning Commission duly appointed by the County Board of Commissioners. The words "Planning Director", '.'County Roadmaster", "County Sanitarian", "County Surveyor "Tax Collector", and "Assessor" shall mean the Planning Director, County Roadmaster, County Sanitarian, County Surveyor, Tax Collector and Assessor of the County of Deschutes. C. DEFINITIONS For the purpose of this ordinance, certain words and terms used herein are defined as follows: 1. ALLEY -- A public way, 20 feet in width,.permanehtl'y dedicated or reserved as a secondary means of access to abutting property. 2. BLOCK -- A contiguous series of lots bounded on all sides by streets, railroad right-of-way, unsubdivided land or watercourse. 3. BUILDING LINE -- A dashed line on a plat restricting the location of buildings or structures, or that distance as prescribed by the zoning ordinance, when applicable. 4. COMPREHENSIVE PLAN -- A plan adopted by the Planning Commission and County Board of Commissioners providing objectives and policy guide- lines for the growth and development of the County, including amend- ments thereto. 5. FIRE BREAK -- A break in the ground cover fuels as specified by the fire protection agency involved. - 3 - r VOL 14 PAOE 6. LOT -- A single parcel of land for which a legal description is filed on record or the boundaries of which are shown on a subdivision plat filed in the office of the County Clerk. The term "lot" shall include a part of a single parcel of land when such part is used as though a separate lot for all purposes and under all requirements of this ordinance: Except for the parcel of land on which condominium structures are placed, the term "lot" does not include condominium as used under O.R.S. 91.505 through 91.675 "Unit Ownership Law". 7. LOT AREA -- The total horizontal net area within the lot lines of a lot. 8. LOT, CORNER -- A lot situated at the intersection of two (2) or more streets which have an angle of intersection of not more than 135°. 9. LOT DEPTH -- The depth of a lot shall be the horizontal length of a straight line connecting the bisecting points of the front and rear lot lines. 10. LOT, DOUBLE FRONTAGE -- An interior lot having frontage on and with access on two (2) parallel or approximately parallel streets. 11. LOT, INTERIOR -- A lot other than a corner lot or reverse corner lot. 12. LOT, KEY -- The first lot to the rear of a reversed corner lot whether or not separated by an alley. 13. LOT LINE, FRONT -- In the case of an interior lot, a line separating the lot from the street. In the case of a corner lot, the line separating the narrowest street frontage of the lot from the street. 14. LOT LINE, REAR -- A lot line which is opposite and most distant from the front lot line. 15. LOT LINE, SIDE -- Any lot boundary line not a front lot line or a rear lot line. 16. LOT, REVERSED CORNER -- A corner lot which rears upon the side yard of another lot. 17. LOTWIDTH-- The averagehorizontal distance between the side lot lines, measured at right angles to the ,lot .depth at a point midway between the front and rear lot lines. 18. PLAT -- A final map, diagram,, drawing or replat containing all descriptions, locations, specifications, dedications, provisions and information concerning a subdivision as specified by this ordinance. 19. OFFICIAL MAP -- A map adopted by the Planning Commission and County Board of Commissioners on which the planned locations of streets and highways are indicated with detail and exactness sufficient to furnish the basis for right-of-way dedication or acquisition of property related thereto. 20. REVERSE STRIP -- A strip of property, contiguous to a public way, which is offered to the County for street purposes but 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. -4- I V0l 14 ME Iwo 21. RIGHT -Of -WAY The area between the boundary lines of an alley, easement, street or highway.' 22. ROADWAY -- The portion or portions of the right-of-way of a street or highway developed for vehicular traffic. 23. STANDARD SPECIFICATIONS -- Specifications of the County of Deschutes established by recommendation of the Planning Commission and adopted by resolution of the County Board of Commissioners pertaining to the design and installation of subdivision improvements, copies of which are on file in the offices of the Planning Director and County Road - master and to which reference is made and which contain the minimum requirements for the design and construction of improvements covered by this ordinance. 24. STREET -- The entire area between the right-of-way lines of any public way other than an alley used or intended to be used for vehicular traffic, including public ways designated as roads, highways, lanes, places, circles, avenues or by other similar designations. a. Arterial -- A street designated as an arterial on the Comprehensive General Plan or an element thereof which is used or is intended to be used as part of the principal network of through traffic within the county. b. Collector Street or County Feeder Road -- A street designated as a Collector Street or County Feeder Road on the Comprehensive General Plan or an element thereof which is used or is intended to be used principally for the movement of traffic between major arterials and local streets and roads within the county. c. Local Street -- A street which is used or intended to be used for providing the primary access to abutting lots within a subdivision d., Cul-de-sac -- A minor street having only one outlet for vehicular traffic, with a turn -a -round at the opposite end, which is not intended to be extended or continued to serve future subdivisions or development on adjacent lands. e. Frontage Road -- A street which is parallel to and adjacent to a major arterial, limited access highway or freeway, and which pro- vides access to abutting properties while relieving them of the effects of through traffic on the adjacent parallel facility. f. 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 development on adjacent lands. g. Half Street -- A street having only'a portion of its width provided in one subdivision, with the remainder of its width to be provided through the subdivision of adjacent property. VOL 14 PALE , .0 25. SUBDIVIDE LAND -- "Subdivide land" means to partition a parcel of land into four or more parcels, any one of which, is less than ten (10) acres each for the purpose of transfer of ownership or building development, whether immediate or future, pursuant to O.R.S. 92.010. 26. SUBDIVIDER -- "Subdivider" refers to any person, firm, corporation, partnership or association who causes land to be divided into a sub- division as defined herein. 27. SUBDIVISION -- An act of subdividing land or a tract of land subdivided as defined in this Section. a. Urban Subdivision -- A subdivision located in an area designated by the Comprehensive General Plan for urban development, with lots having an area ranging from 7,000 square feet to 20,000 square feet. b. Suburban Subdivision -- A subdivision located in an area designated by the Comprehensive General Plan for suburban development, with lots having an area ranging from 20,000 square feet to five (5) acres. c. Rural Recreation Subdivision -- A subdivision located in an area designated by the Comprehensive General Plan for private recreation development, with lots having an area ranging from one (1) acre to five (5) acres. d. Rural Subdivision -- A subdivision located in an area designated by the Comprehensive General Plan for agricultural or open use with lots having a gross area ranging from five (5) acres to ten (10) acres. Where it is intended to divide land into 10 acre lots by Sectional breakdown, but where such lots may.result in an actual area of less than the full 10 acres because of a smaller than normal Section, Township or portion thereof, the dividing of such land shall not be considered a subdivision. e. Planned Development Subdivision A subdivision of land which is designed to provide an open space or recreation area for the direct use and benefit of all the lot owners within the subdivision. A planned development includes a "Planned unit", a "Homes Association" and "Common property" which are defined as follows: 1. Planned -unit: A land area which (1) has both individual building sites and open space, known as common property such as a park, and (2) is designed and organized to be capable of satisfactory use and operation as a separate_ entity without necessarily having the participation of other building sites or other common property; the ownership of the common property may be either public or private 2. Homes association: An incorporated, non-profit corporation to operate under recorded land agreements through which (a) each lot owner in a planned -unit or other described land area is automatically a member, and (b) each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property. -6 VOL 14 PA.vE 3. Common property: A parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites in the planned -unit. ARTICLE 2 PHYSICAL IMPROVEMENT REQUIREMENTS SECTION 201 RIGHTS-OF-WAY AND STREET IMPROVEMENTS Street rights-of-way and street improvements shall be provided in accordance with the minimum standards for the various classes of subdivisions prescribed in Section 207 of this ordinance, and shall be constructed.to the Standard Specifications for Design and Construction as adopted by resolution of the County Board of Commissioners and on record at the time of Planning Commission approval of the preliminary plat. No subdivision shall be recorded unless improved public access in accordance_ with Section 207 is provided from the subdivision to a street maintained by a city or the County or to a highway maintained by the State. Where the provision of public access requires the crossing of federal lands, approval shall be obtained from the federal agency having jurisdiction over said lands crossed, and shall improve such access to the standards prescribed in Section 207. Where a subdivision requires an access approach to a state highway, approval shall be obtained from the State Highway Department prior to Planning Commission approval of the preliminary plat. SECTION 202 ALLEYS Alleys paved to 20 feet in width may be required at the rear of lots proposed for multi -family, commercial or industrial subdivisions. SECTION 203 DRAINAGE WORKS The subdivider shall provide such drainage structures or improvements as may be necessary to prevent the ponding of surface water within the roadway of a street, and to assure the unimpeded flow of water within natural drainage courses traversed by a street. SECTION 204 SEWAGE DISPOSAL Facilities for the disposal and treatment of sewage shall be provided for the various classes of subdivisions as follows: A. URBAN SUBDIVISIONS Except as provided below, sanitary sewer lines and appurtenances capable of serving each lot shall be provided within all urban subdivisions. - 7 - VOL 14 PAuE � �3 1. Where sanitary sewers and sewer service are available from a munici- pal system, the subdivider shall connect the sewer lines within the subdivision with the sewer system of the municipality. 2. Where sanitary sewers and sewer service are available only from a public district, the subdivider shall connect the sewer lines within the subdivision with the sewer system of the public district. 3. Where sanitary sewer lines and sewer service are unavailable both from a municipality and a public district, sewage disposal facilities shall be provided for each lot within the subdivision in accordance with the requirements and standards of disposal administered by and under the jurisdiction of the County Sanitarian. 4. Connections to a sanitary sewer system under the provisions of paragraphs A. 1. or A. 2. of this Section shall be made in accordance with the policies of the public agency having jurisdiction over the system. B. SUBURBAN, RURAL RECREATION, RURAL AND PLANNED DEVELOPMENT SUBDIVISIONS Sewage disposal facilities shall be provided for each lot within a suburban, rural recreation, rural and planned development subdivision in accordance with the requirements and standards of disposal administered by and under the jurisdiction of the County Sanitarian. The subdivider shall be responsible for providing the necessary information required by the County Sanitarian to determine lot sizes and adequacy of sewage facilities. SECTION 205 WATER SUPPLY AND FIRE SUPPRESSION Facilities for the provision of domestic water supply and fire suppression shall be provided for the various classes of subdivisions as follows: A. URBAN AND SUBURBAN SUBDIVISIONS Except as provided below, a central water system capable of serving each lot shall be provided within all urban and suburban subdivisions. 1. Where water mains and water service are available from a municipal system, the subdivider shall connect the central water system within the subdivision with -the water system of the municipality. 2. Where water mains and water service are unavailable from a muni- cipality but are available from a public district, the subdivider shall connect the central system within the subdivision with the water system of the public district. 3. Where water supply is unavailable both from a municipality and a public district, the subdivider shall cause a public district to be formed for purposes of owning and managing the central water system within the subdivision or shall establish a mutual or private system. In any case, such system shall be developed and improved in accordance with the requirements of the State Board of Health. - 8 - ■ VOL 14 PAGE I.� J 4. Connections to a water supply system under the provisions of Para- graphs A. 1. and A. 2. of this Section shall be made in accordance with the policies of the public agency having jurisdiction over the system. 5. Where an urban or suburban subdivision is located within a public fire protection district,.fire hydrants shall be provided ,in accordance with the requirements of the fire district involved. 6. In any suburban subdivision where lots are to be less than one (1) acre in area and where sewage disposal is to be provided by means of individual sewage disposal systems, water shall be supplied from a common source as provided under Paragraphs A. 1.,'A. 2., and A. 3. of this Section and individual wells on each lot shall not be per- mitted. 7. In any suburban subdivision where lots are to be greater than one (1) acre in area and where sewage disposal is to be provided by means of individual sewage disposal systems, water may be supplied from wells on individual lots .or from an irrigation district serving the area in which the subdivision is located until such time as a public water supply is available,, provided that the County Sanitarian determines that individual sewage disposal systems will be located and constructed so as not to contaminate any existing or proposed well, irrigation district distribution facility, or any existing stream or underground water supply on the property to be subdivided or on adjoining property. B. RURAL RECREATION AND RURAL SUBDIVISIONS In any recreation or rural subdivision where.central water or sewage disposal systems are not developed, water shall be provided in accordance' with the requirements established for suburban subdivisions under Para- graph A. 7. of this Section. SECTION 206 OTHER IMPROVEMENTS In addition to the improvements required under other Sections of this Article, the subdivider may be required to provide other improvements because of specific features of the land and the design and location of the subdivision. Improvements such as bridges, culverts and the fencing of watercourses, rights- of-way and recreation areas and facilities may be required where necessary for the health, safety and general welfare of residents of the subdivision. A. FIRE PROTECTION: Provisions for fire protection shall be made where forest or other vegetation is likely to constitute a fire hazard, as follows: 1. Fire Breaks: Fire breaks shall be provided as may be specified by the appropriate fire protectionagency. Access roads may be used as fire breaks where provided at suitable locations. 2. Emergency Access: Two or more improved all-weather access roads from the subdivision may be required by the Planning Commission for purposes of fire protection egress and ingress to insure public safety as may be specified by the appropriate fire protection agency. 9- I VOL 14 FADE 1?d 3. Water Facilities: In subdivisions where fire suppression facilities are not specified under Section 205, water facilities for fire protection shall be provided as may be specified by the appropriate fire protection agency. B. CONSTRUCTION OF OPEN DITCHES: No open ditches may be constructed for the purpose of lowering a water table. French drains or underground tile systems may be installed in a manner specified or approved by the County Sanitarian. SECTION 207 MINIMUM RIGHTS-OF-WAY AND STREET IMPROVEMENTS Where a subdivision abutts an existing paved County maintained road or roads, the subdivider shall dedicate that additional right-of-way required to bring the road to one-half the standard right-of-way.prescribed for the type of road involved. If an abutting road is not dedicated and improved to the standards specified in this Section, the subdivider shall dedicate and may be required to improve such road to one-half the standard right-of-way and improvement width prescribed for the type of road involved except as provided in Section 301, J. or may be required to provide a performance bond for the improvement of such road as prescribed in Section 614 of this or€tinance. Street rights-of-way and improvements shall be provided as specified in the following Tables for the type of subdivision involved. Specific stand:4rds.for the design and construction of improvements not shown herein shall be in accordance with adopted County Standards and Specifications. A. URBAN SUBDIVISIONS (See Table -,1) B. SUBURBAN SUBDIVISIONS (See Table 2) C. RURAL RECREATION AND RURAL SUBDIVISIONS (See Table 3) - 10 - z w L LI O a. X:z U O� r-4 to CO L,J©cc) J =D CC) to F- aC aL 3 1 U- o� FL O c� tY F- LiJ LU F- N VO FStmetgns M M M M M v 4J Tangents .-. c ,.. .. Between Curves N N N N Curb - - -- - ,Return Radius, tats ;� 0 0 Radius of cA O M Curvature n N LZ Maximum % M o rl � $ of Grade 3 .- •- C > O Curbs to N V! to N O M S- C - Type of r- r r r '-• Paving a •r r �. •r to +J tis O Paving Width - - -- M --r M� - co Between Curbs LO I-) N O T3 U Right -of -Way C o C � r ,- 3 s. a Width +) r• CJ L c1 y. O S. +m) S- rtf O 4.J r O N U a 4- U O U 4- tU +�•) N N B S_ r O U O O O S_ r. 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Signs Ln L LO U LO Tangents Between Curves Curb Return �f �[ i 4J N Radius 0 Z O Z O Z O Z o Z Radius of C) 0 o o I P �- Curvature * IL N Maximum /o00 t0 C) N N co of Grade N C A Curbs z z z z z Type of Paving S.. N N U N M U & Improvement C r C •r N Paving Width o to N oo 0 ao incl. shoulders •r N �- r• +� Gf >Z !Z •r Nr0 5. O O. L- N O •� cm Ri get -of -Way c a 0 •r •r G. C 'O t- 0 dth Wi r- ko 0�0 4-4-•rs =t N N U S. i. (0 U U N L C U U ra i-) 4j r- 's O N N o U � t— v°1 4-)- N S_ O O -0 > i. C •r- 4- O -> Oi i Q U J U ti VOL 14 PACE • LO +3 o b 00 �f �[ i 4J N 4-- U S'. SO.. 3 •� -a U U N Im +J t0 'i •3 i i 50.. N O O N C A N N t r- S- 1 S.. N N U •r 4-4- O -0 M U 00 C r C •r N d R* 0 to O N •r t CL a s* N N • +) N N N . U QJ U a.� C •r N �- r• +� Gf >Z !Z •r Nr0 5. O O. L- N O •� 'v >, C C O +) 0 U iR C •r •r G. C 'O t- O . U I t 3L r- to to := r- M a, 4J 4- 4-4-•rs =t N N U S. i. 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M •.- Curb Return c c a Radius z z z z z Radius of C) 0 0 1 to Curvature * C) N' C) v Maximum 00 c o 0 0 of Grade .-- - r- r Curbs Z z Z Z z Type of Paving N N^ & Improvement s c 0 0 4-) Improvement or Paving Width - -- `co N Rd- Ln N •N N C N M t0 O Right -of -Way o 0 C)c o LO Width to t Ln °' 's i = rtf } C r- to O 4-3 o N W cm H C v N S- O O V O L Li VOL 14 PAcE - 13 - •4:s O -P v> 4J 4- t o v Im •r •r 4-) r i rtS O 4� C s c 0 0 4-) L •3 - rn •N N C N M t0 O L al r i 4 L (0 � °' 's = S- ra O U •r o °' (+-- y C v "4 C U C •r N M 0 i •0 N C rC •F-� I NN 'C �. 4J J7= i r O r "0 U 'p d C' r RS O. O r0 •r RS r � i •'- W ••r t 4- C ai to U ed U O N S- C O >T >� i co 4- O S- r- i•) 5- a) -O T3 U +3 U 40) -P O 0-0 C i rcs -43 1 a1 res 41 {>�Z3 > L 0-r4- L EN> L•N S- 4- 00- 4- o ++ S- r r. •r S- (D N M •r U M W = r0 ar C "O 4-)4- O aa. O O 10 U ro N D R5 r 'a) r 0O VVi r0 c0 r L N L: a) 'C T3 4-1 r0 N O ^3, is to �vl •E qqC�� c C Z7 (a C '2 0 0 Mai 0) 4- to ra O O •� . >A U 4T a1 0 � 0) r L v- O 3 .}Os M � > o a) S- E r0 r i . G�. s !?� �E L C• U ;_ •- 4) 4) (V —)'0 W QUNOI— OF A a) — NM"yLn 1.0 # O - 13 - ARTICLE 3 SUBDIVISION DESIGN REQUIREMENTS SECTION 301 STREETS A. The radius of curvature, grade, tangents between curves and intersection curb return radius of streets shall conform with the minimum standards prescribed under Section 207 of this ordinance. B. Alignment of Streets: Streets located on opposite sides of an intersecting street shall have their centerlines directly opposite.each other where possible; otherwise, the centerlines shall be separated by not less than 100 feet. C. Location of Centerline: The centerline of the paving shall correspond to the centerline of the right-of-way where possible and practical. D. Continuation of Streets: Subdivision streets which constitute the contin- uation of streets in contiguous territory shall be aligned so that their centerlines coincide. Where straight-line continuations are not possible, such centerlines shall be continued by curves. New streets or the contin uation of a street in contiguous territory may be required by the Planning Commission where such continuation is necessary to maintai-n the functi>on of the street or a desirable existing or planned pattern of streets and blocks in the surrounding area pursuant to Section 303 of this -ordinance. E. Intersection Angles: Street intersections shall be as near right angles as possible except where topography requires a lesser angle, but in no case shall the acute angle be less than 60 degrees. F. Streets in Subdivisions Adjoining Unsubdivided Land: 1. Stubbed Streets: Where a subdivision adjoins unsubdivided land, streets which may be necessary to assure the proper subdivision of the adjoining land or the continuation of the function of a major arterial or collector street shall be provided through to the boundary line of the subdivision. 2. Half Streets: Half streets proposed adjacent and parallel to the boundary line of the subdivision, while generally not acceptable, may be' approved where essential to the reasonable development of the subdivision when in conformity with other requirements of this ordinance and when the Planning Commission finds it will be practical to require the dedication and improvement of the other half when the adjoining property is subdivided. Half streets shall not be permitted where lots would front on such streets. Where half streets are provided, a performance bond may be required to insure full improvements until such time as the remaining half street on adjacent property:is dedicated and improved. Whenever an existing half street is adjacent and parallel to the boundary line of a proposed subdivision, the subdivider shall dedicate and improve such additional right-of-way as may be necessary, to meet the standards prescribed under Section 207 of this ordinance for the type of street involved. - 14 - G. Reserve Strips: ?A 14 125 DIOL P ;: 1. A one (1) foot reserve strip shall be provided at the dead-end of a stubbed street and along the boundary line of the subdivision adjacent to a half street and shall be offered for dedication to the County for future street purposes. Reserve strips at other locations and for other purposes shall not be approved. 2. Reserve strips shall be designated on the final plat of the subdivision and shall be specifically referred to in the dedication certificate. H. Existing Streets: Whenever existing streets adjacent to or within a sub- division are of inadequate width, additional right-of-way and improvements shall be provided at the time of subdivision in accordance with the standards prescribed under Section 207 of this ordinance. I. Cul-de-sacs: Except where special circumstances of design are apparent, cul-de-sacs shall not have a length of more than 600 feet in urban and suburban subdivision nor more than 800 feet in'length in rural recreation or rural subdivisions and shall terminate with a turn -a -round with a radius of not less than 46 feet. J. Frontage Roads and Non -Access Rights: Where property is to front upon a major arterial, a frontage road separated from the major arterial maybe required for access to the subdivision. Where property is to front upon a limited access highway or freeway, a frontage road separated from the limited access highway or freeway shall be provided for access to the subdivision. Frontage roads will not be required when the lots of the subdivision back -on to a major arterial, limited access highway or freeway, and where access rights to said major arterial,limited access highway or freeway have been acquired previously by a pUbl`ic agency or are offered for dedication. Where a frontage road is provided, or where lots are proposed to back -on or side -on to a major arterial or limited access highway and access rights to the rear of said lots are offered for dedication, the improvement requirements of this ordinance pertaining to the major arterial or limited access highway shall not be required. K. Railroad Grade Crossings: Where a subdivision adjoins or contains a rail- road right-of-way and the design of the subdivision includes a major arterial or collector street crossing of the railroad, the design of the street cross- ing shall take due consideration of the minimum distance required for approach grades and right-of-way width required for a'future grade separation of the railroad. L. Street Names: Except for continuations of existing streets..., no street name shall duplicate or be confused with the names of existing streets. In the absence of an Official Plan, street names and numbers shall conform with the policy of the Planning Commission and the County Board of Commissioners, which policy shall take due consideration of the established pattern in the surrounding area. - 15 - r SECTION 302 LOTS ' vm 14 wf 126 FA. Minimum Lot Area, Width, Depth, Frontage and Building Setback Lines: The minimum area, width, depth and frontage of lots and the minimum building setback line from streets shall conform with the requirements of the applicable zoning districts as provided in the zoning ordinance when applicable. In the absence of a zoning ordinance, or where provisions of the zoning ordinance have not been applied to the property to be subdivided, the area, width depth and frontage of lots shall conform with the standards prescribed in Table 3 of this Section. TABLE 3 MINIMUM AREA, WIDTH, DEPTH, FRONTAGE AND SETBACK LINES OF LOTS Type Minimum Minimum Minimum *Minimum Min. Building of Area Width Depth Street Setback Line Subdivision Frontage From Street Urban 7,000 sq.ft. 70' 100' 60' 25' Suburban 20,000 sq.ft. 80' 150' 80' 25' Rural Recreation 1 acre 150' 200' 100 50' Rural 5 acres 300' 400' 150' 50' *The minimum frontage Ion curved streets or cul' -de -sacs shall be 30 feet for Urban and Suburban Subdivisions and 60 feet for Rural Recreation Subdivisions. B. Double Frontage Lots: Double frontage shall not be permitted except where proposed in accordance with the provisions of Paragraph J. of Section 301 of this ordinance, or except where necessitated by topographical or other physical conditions. C. Lot Side Lines: The side lines of lots shall be approximately at right angles to the street right-of-way line onstraight streets and to the tangent on curved streets and cul-de-sacs. D. Lot Boundary Lines: No lot shall be divided by the boundary line of a county, city, school district or other taxiing district. E. Lots with the Capability of Resubdivision: Where lots are sufficiently large to permit resubdivision at some future time, the location of lot lines and other details of layout shall be such that resubdivision readily may take place without violating the requirements of this ordinance or the zoning ordinance where applicable and without interfering with the orderly extension of streets. - 16 - VOL 14 P V' SECTION 303 BLOCKS A. Block Length: Blocks shall not exceed 1,320 feet in length except where necessitated by topographical, other physical conditions, or an adjacent major arterial street in order to reduce the number of inter- sections with the arterial streets. Blocks less than 600 feet in length may be cause for disapproval of the preliminary plat where it is found that block design can be provided to conform to this Section. B. Block Depth: The depth of blocks shall be sufficient for two (2) tiers of lots except where a tier of lots backs onto adjacent unsubdivided land or an arterial street, limited access highway or freeway. SECTION 304 EASEMENTS A. Utility Easements: Easements shall be provided along property lines where necessary for the placement of overhead or underground utilities and where necessary to provide the subdivision with electric power, communication facilities, street lighting, sewer lines, water lines, gas lines or drainage. Such easements shall be labeled "Public Utility Easement" on the preliminary and final plat; they shall be at least 12 feet in width and centered on lot lines where possible, except for utility pole guyline easements which may be reduced to six (6) feet in width and easements along the rear of lots adjacent to unsubdivided land which may be reduced to 10 feet in width. - B. Pedestrian Easements: When desirable for public convenience, pedestrian easements may be required to connect to cul-de-sacs or to pass through unusually long or odd -shaped blocks. SECTION 305 FLOOD HAZARDS Areas which are subject to the ponding of surface waters, or of flooding caused by surface waters or high water table shall not be subdivided until necessary measures have been taken or are required to be taken as a condition of approval of the preliminary plat to eliminate the hazard involved. An investigation and report shall be made to the Planning Commission on the adequacy of measures taken or proposed to be taken by the subdivider to eliminate the hazard. The existence of such hazard may be cause for disap- proval of the preliminary plat. SECTION 306 PLANNED UNIT DEVELOPMENTS Where ,a planned unit development has been authorized pursuant to applicable. zoning regulations, the plan of the._subdiv'ision shall conform with the plan of the Planned Unit Development as approved by the Planning Commission and Board of County Commissioners. Where a planned unit approach to property development is desired by a subdivider, but where provisions of a zoning ordinance are not applicable, the subdivider may request approval of a planned unit development and the Planning Commission may authorize exceptions to the regulations in this ordinance necessary to carry out the planned unit develop- ment in accordance with the provisions of Article 8 of this ordinance. - 17 - VOL 14 PAGE 28 SECTION 307 ALLOCATION OF SPACE FOR PRIVATE AND PUBLIC FACILITIES AND RECREATION A. Common Recreation and Open Space and Facilities for the Exclusive Use of Property Owners Within the Subdivision: The Subdivider is encouraged to include in the proposed subdivision such recreation space and facilities for the use of property owners within the subdivision as may..be necessary and desirable to enhance the environment of the subdivision. Such space and facilities should be located so as to be within reasonable walking distance of all lots within the subdivision. B. Public Facilities and Recreation: Consideration shall be given by the subdivider to the reservation of sites for solid waste pick up and disposal, schools, park and recreation and other essential public services and - facilities required to serve the subdivision. The reservation of ,sites required for general public service, use and enjoyment may be made the subject of conditional approval of the preliminary plat by the Planning Commission provided, however, that the Planning Commission can make the following findings: 1. That sites required are -consistent with policies and proposals of the Comprehensive General Plan or elements thereof. 2. That sites required will be purchased for public use within one (1) year after the recording of the final plat of the subdivision, and that evidence of such intent to purchase has been submitted in writing by a public agency having authority for such purchase. 3, That the intended use of sites required will be compatible with the intended use of property within the remainder of the subdivision. In no case shall the Planning Commission require the dedication and development of sites covered by this Paragraph by the subdivider as a condition of approving the preliminary plat; however, the subdivider may voluntarily make such dedication. The subdivider shall indicate, as part of the preliminary plat, how sites reserved for public use would be developed otherwise in the event they are not purchased by a public agency within the time period specified under this Paragraph. Extension of the time period within which sites may be required to be reserved for public use is at the sole option of the subdivider. C. Access to Rivers and Streams in Recreation Subdivisions: In the case of a rural recreation subdivision, the subdivider shall provide for reasonable access from all lots to any river or stream adjacent to or within the subdivision. SECTION 308 PARTIAL RECORDING BASED ON PRELIMINARY PLAT Where a final plat is proposed to be recorded on only a part of the area included within an approved preliminary plat, the preliminary plat shall be prepared in such a manner that such partial recording will result in compliance with all of the applicable provisions of Articles 2 and 3 of this ordinance. VOL 14`fw v• ARTICLE 4 SUBDIVISION COMMITTEE SECTION 401 ESTABLISHMENT OF COMMITTEE There is hereby established a Subdivision Committee to act in a technical capacity for the Planning Commission and County Board of Commissioners. The Subdivision Committee members shall consitt off the County Planning Director who shall be the Chairman, the County Roadmaster, the County Surveyor and the County Sanitarian. SECTION 402 DUTIES OF COMMITTEE It shall be the duty of the Subdivision Committee to examine and; review all preliminary plats and make its recommendations to the Planning Commission in. accordance with the procedures outlined in Section 505 of this ordinance; The Committee shall establish regular meeting dates and rules of procedure and shall publish such dates and procedures. SECTION 403 SUBDIVISION CONFERENCE The Planning Director shall schedule a Subdivision Committee conference with the subdivider and/or his engineer or surveyor. The subdivision committee, members (or duly authorized representatives) shall attend the conference. Representatives of other agencies, as outlined in Section 501, C. of this ordinance, may attend and shall be encouraged by the Planning Director to attend the subdivision conference. As a result of the discussion between the subdivider and/or his engineer or surveyor and the Subdivision Committee, the subdivider may request such additional meetings as may be necessary. ARTICLE 5 PRELIMINARY PLAT SECTION 501 FILING PROCEDURE A. The subdivider shall prepare a preliminary plat in accordance with the provisions of this ordinance which shall be filed with the County Planning Department. Such filing shall be made prior to the initiation of any construction work within the proposed subdivision which might be affected by changes in the preliminary plat. B. The time for filing the preliminary plat shall be construed to be the time when the preliminary plat is filed with and officially received by the County Planning Department. C. The subdivider shall file ten (10) copies of the preliminary plat with the Deschutes County Planning Department. Within three (3) working days after said filing, the Planning Director shall transmit one (1) copy to each of the following: County Surveyor; County Roadmaster; County Assessor; County Sanitarian; Board of Commissioners; Oregon State Department of Public Health; - 19 VDL 14 ?ACE 3jj City within three miles of the location of the proposed subdivision; State Highway Department where applicable; school districts within which jurisdiction the subdivision is located; any public or private utilities serving the area; any irrigation district within which the subdivision is located; and the fire protection agency involved. Additional copies of the preliminary map shall be provided where necessary to permit transmittal to all parties listed above. Transmittal shall include a request for comments and recommendations which may assist the Planning Commission in the review of the preliminary plat. SECTION 502 FORM AND SCALE OF PRELIMINARY PLAT The preliminary plat shall be clearly and legibly drawn. It need not be a finished drawing, but it shall show all pertinent information to scale in order that the Planning Commission may have adequate understanding of what is proposed during the review process. The scale of the preliminary plat shall be one (1) inch equals 100 feet for areas under 50 acres, and shall be one (1) inch equals 200 feet for areas over 50 acres. SECTION 503 INFORMATION ON PRELIMINARY PLAT A. GENERAL INFORMATION 1. A subdivision name which does not conflict with the name of an existing subdivision, and a plat number assigned by the Planning Director preceded by the words "Preliminary Plat No. 2. Name and address of the owner and/or subdivider. 3. Name and address of the licensed engineer or surveyor who prepared the plat. 4. Date of preparation, north point, scale, approximate acreage and boundary lines. B. INFORMATION CONCERNING EXISTING CONDITIONS 1. The location, names and widths of improved and unimproved streets within or adjacent to the subdivision. 2. The location, width and use or purpose of any easement on the property. 3. Contour lines sufficient to show the direction and general grade of land slope. Contours shown on United States Geological Survey maps may be superimposed for this purpose. 4. The location and direction of natural watercourses and areas subject to flooding. 5. The location of structures, irrigation canals and ditches, pipelines, and railroads, and any natural features such as rock out-croppings and cover which are of an area or size sufficient to influence the design of the subdivision. - 20 - VOL 14 6. The location of city boundary lines and the boundary lines of public districts which lie within the subdivision or within 500 feet of the exterior boundaries of the subdivision. 7. A vicinity map showing the relationship of the proposed subdivision to surrounding development, streets and any public sewer and water utilities and services inthearea. C. INFORMATION CONCERNING PROPOSED DEVELOPMENT 1. The location, names, width, approximate grades and curve radii of all proposed streets. 2. The location, width and purpose of proposed easements. 3. The location and approximate dimensions of lots; proposed lot and block numbers. 4. The location, approximate acreage and approximate dimensions of areas proposed for public use. 5. The proposed use of any lot which is not intended for single-family residential use. 6. An outline of the areas proposed for partial recording of a final plat if phased recording is contemplated. 7. The relationship of the proposed subdivision to future streets on adjacent land controlled by the subdivider. 8. Source and method of water supply to serve the subdivision. 9. Proposed method of sewage disposal. SECTION 504 STATEMENTS TO ACCOMPANY PRELIMINARY PLAT , The preliminary plat shall be accompanied by written statements giving essential information regarding the following matters: A. WATER SUPPLY: Two copies of a water letter from a water purveyor serving domestic water, or a letter from a licensed well driller or registered engineer. The water letter shall state the source, name of supplier, and known quanttty of water available. In addition; the letter from the water purveyor providing a domestic water system shall state that he is able and willing to serve each and every lot within the subdivision and that such system will be installed in accordance with all requirements of the Oregon State Board of Health and this ordinance. The water letter shall be so certified and notorized. B. SEWAGE DISPOSAL: Describe method of disposal, any known soil data, water table information, etc. C. PROTECTIVE COVENANTS TO BE RECORDED, IF ANY: These may be submitted with the final plat if not yet prepared. - 21 - VOL 14 PAGE3 D. THE ESTIMATED TIME WHEN IMPROVEMENTS ARE PROPOSED TO BE MADE OR INSTALLED. ,E. DESCRIPTION OF ANY COMMUNITY FACILITIES WHICH WOULD SERVE THE PROPOSED SUBDIVISION. F. JUSTIFICATION AND REASONS FOR ANY EXCEPTIONS TO.THE PROVISIONS OF THIS ORDINANCE WHICH ARE BEING REQUESTED UNDER THE PROVISIONS OF ARTICLE 8. G. PROOF OF OWNERSHIP: A letter from a licensed title company stating the record owner(s) of the land proposed toi�be subdivided. SECTION 505 SUBDIVISION REVIEW AND PLANNING COMMISSION ACTION. A. The Planning Director shall set a date for consideration of the preliminary plat by the Planning Commission, which date shall be within 21 days after the plat was filed unless the time limit for review and action on the plat is extended by mutual agreement of the Planning.Commission and the subdivider. Within fourteen (14) days of receipt of the preliminary plat, the Subdivision Committee shall convene at a subdivision conference as specified in Article 4 of this ordinance and shall prepare for the Planning Commission written reports of their recommendations regarding the proposed subdivision. Written reports to the Planning Commission by the technical review committee shall be submitted to the Planning Director at least four (4) days prior to the date of Planning Commission consideration. Failure to submit such report by any member of the Subdivision Committee shall be deemed approval of the preliminary plat by such member. B. The Planning Director shall submit the tentative plat, along with the recom- mendations of the Subdivision Committee and other agencies to the Planning Commission. The Planning Commission shall consider the recommendations of the Subdivision Committee and other agencies and determine whether the preliminary plat is in conformity with the provisions of this Ordinance. Upon that basis, the Planning Commission shall, by resolution, approve, conditionally approve, or disapprove the proposed subdivision. Within five (5) days of Planning Commission action on the preliminary plat, the Planning Director shall report such action in writing directly to the subdivider and his engineer or surveyor. Approval of the preliminary plat shall constitute approval of the final plat, subject to the requirements of Article 6 of this ordinance, if there is no change in the plan of the subdivision at the time of filing the final plat. If the map is disapproved by the Planning Commis- sion, the reasons therefor shall be set forth in the report to the subdivider. If the preliminary plat is approved subject to conditions, conditions shall relate only to the authority granted to the Planning Commission by this Ordinance. A preliminary plat approved subject to conditions by the Planning Commission need not be revised to reflect such conditions, but such conditions shall be reflected in the preparation of the final plat. C. If no action is taken by the Planning Commission within the time limits prescribed above in this Section, the preliminary plat as filed shall be deemed to be approval and it shall be the duty of the Planning Director to certify the approval. - 22 - VOL: 14 PADEIJj D. Within five (5) days after the date of the Planning Commission's action, the Planning Director shall transmit the complete record of its review and action to the County Board of Commissioners. Upon receipt of the record, the County Board of Commissioners may review thedecision of the Planning Commission. The County Board of Commissioners may affirm, reverse or modify the decision of the Planning Commission provided that such decision is not in conflict with the provisions and intent of this ordinance. Unless notified within ten (10) days, the decision of the Planning Commission shall be affirmed. E. If the subdivider is dissatisfied with any action of the Planning Commission with respect to the preliminary plat, he may, within ten (10') days of such action, appeal the action of the Planning Commission to the CountyBoard of Commissioners. An appeal shall be filed with the Board of Commissioners, in writing, and shall state specifically wherein it is claimed there was an error or abuse of discretion by the Planning Commiss.i.on. The Board of Commissioners shall give notice to the subdivider and the Planning Commis- sion of the date when the appeal of the subdivider is to be heard. At its next regular meeting, the County Board of Commissioners shall review the action of the Planning Commission and the written appeal of the subdivider and shall hold a public hearing thereon. The County Board of Commissioners shall ,act on the appeal within seven (7) days after the close of the'hearing and shall report its action to the subdivider and to the Planning Commission in writing. When an appeal is filed and heard by the County Board of Com- missioners, such hearing shall constitute meeting the requirements of review and action by the County Board of Commissioners as prescribed in Paragraph D. of this Section. SECTION 506 TERMINATION.OF PRELIMINARY MAP APPROVAL Failure by the subdivider to record a final plat within eighteen (18) months of the date of approval or conditional approval of the,preliminary„plat by the Planning Commission shall terminate all proceedings; provided, however, that upon application of the subdivider in writing, an extension of time not exceeding one (1) year may ,be granted by the Planning Commission. In the event the Planning Commission denies a subdivider's application for extension, the sub- divider may appeal to the County Board of Commissioners. Where proceedings have terminated because of failure to record a final plat or failure to receive extension by the Planning Commission or County Board of Commissioners, a new preliminary plat shall be filed in accordance with the provisions of this Ordinance before a final plat may thereafter be recorded or any lot sold. ARTICLE 6 FINAL PLAT SECTION 601 REQUIREMENTS Within eighteen (18) months after approval or conditional approval of the preliminary plat, the subdivider may cause the subdivision or any part thereof to be surveyed and a final plat to be prepared in conformity with the prelimin- ary plat as approved or conditionally approved. The subdivider shall file with the County Surveyor one (1) complete set of original tracings and two (2) com- plete sets of black and white or blue -line prints of the final plat, and one (1) copy of the deed restrictions applicable to the subdivision. The final plat shall conform to the requirements of th4s Article and shall follow the procedures established herein. _23_ VOL 14 PAGE 1 14 SECTION 602 FEES ,At the time of filing the final plat, the subdivider shall pay such fees to the County Clerk as may be set by resolution of the County Board of Commissioners. SECTION 603 FORM OF FINAL PLAT The final plat shall be submitted in the form.prescribed by the Plats and Subdivision Act. SECTION 604 INFORMATION ON FINAL PLAT The final plat shall show the following: A. The plat number and name of the subdivision, if any, date of preparation, north point and scale. B. A legal description of all the property being subdivided, by reference to recorded subdivisions and sectional surveys. C. Affidavits, certificates, acknowledgments, endorsements, acceptances of dedication and notarial seals required by law and by this Ordinance. D. The locations, names and widths of streets. E. The locations and widths of pedestrianways. F. The locations and dimensions of public areas and the net acreage. G. The widths and side lines of all easements to which the lots are subject, and the book and page number of the County records in which the easement appears. If the easement is not definitely located of record, the dimensions of the easement shall appear on the drawing. Easements for utilities and other similar purposes shall be denoted by broken lines. H. Locations and widths of drainage channels, railroad rights-of-way, reserve strips, and of streets, alleys and pedestrianways adjacent to the proposed subdivision. I. Limitations on rights of access to and from streets and lots and other parcels of land; dedications of access rights to specific lots where appropriate. J. City boundary lines, near or adjacent to the subdivision.. K. Normal high water lines for any creek, river, or other body of water. L. The net dimensions of each lot. Ditto marks may be used where lot dimen- sions are repetitively identical. Sufficient data shall be shown to determine readily the bearing and length of each lot line. - 24 - VOL 14 PAGE 135 M. Lot numbers beginning with the number "1" and numbered consecutively in each block; block numbers beginning with the number "1" and continuing consecutively without omission or duplication throughout the subdivision. Block numbers inanaddition to a subdivision of the same name shall be a continuation of the numbering in the original subdivision. N. Front building setback lines from streets as prescribed in Section 302, Table 3 of this ordinance. 0. Any additional information required by the Planning Commission as.a condition of preliminary plat approval. P. The following surveying data: 1. The radius, length and central angle of curves. 2. The location of all permanent monuments within the proposed subdivision. 3. Ties to and names of adjacent subdivisions. 4. Ties to any boundary lines involved. SECTION 605 SURVEY REQUIREMENTS A. A complete and accurate survey of the land to be subdivided shall be made by an engineer or surveyor licensed to practice in the State of Oregon, in accordance with standard practices and principles of land surveying. B. The traverse of the exterior boundariesofa subdivision plat and of each block and lot shall close vi.thin a limit of error as specified by State law. SECTION 606 CERTIFICATES ON FINAL PLAT The following certificates and acknowledgments and others required by State law shall appear on the final plat., Such certificates may be combined where appropriate. A. A certificate of ownership,.signed and acknowledged by the record -owner _and all parties owning an interest in the property, consenting to the preparation and, recordation of the final plat, offering for dedication all parcelsof land, streets, alleys, pedestrianways, drainage channels, easements and other rights-of-way intended for public use, and, offering fordedicationrights of access to and from prescribed streets, lots and parcels of land. B. A certificate of the registered engineer or licensed surveyor who prepared the survey and the final plat. C. A certificate for execution by the Chairman of the Planning Commission in behalf of the Planning Commission. D. A certificate for execution by the County Planning Director. E. A certificate for execution by the County Surveyor. F. A certificate for execution by the County Tax Collector. - 25 - VOL 14 eac G. A certificate for execution by the County Assessor. H. A certificate for execution by the Irrigation District, where applicable. I. A certificate for execution by the County Board of Commissioners. SECTION 607 DEDICATIONS -AND PUBLIC UTILITY REQUIREMENTS A. All parcels of land shown on the final plat as intended for public use shall be offered for dedication for public use at the time the plat is filed, except those parcels'wht ch are intended for the exclusive use of lot owners in the subdifision their licensees, visitors, tenants and servants, and except parcels of land reserved for public use under the provisions of Section 307.of this ordinance. B. All streets, pedestrianways, drainage channels, easements and other rights-of-way shown on the final plat as intended for public use, shall be offered for dedication for public use at the time the final plat is filed. C. All rights of access to and from streets, lots and parcels of land shown on the final plat intended to besurrenderedshall be offered for dedication at the time the final plat is filed. SECTION 608 DESIGNATION AND CONVEYANCE OF RESERVE STRIPS AS LOTS One (1) foot reserve strips provided across the end of stubbed streets adjoining unsubdivided land or along half streets adjoining unsubdivided land shall be designated,provided, however, that such reserve strip lots shall be exempt from all other provisions of this Ordinance which govern the size or shape of lots or which are otherwise applicable to lots. These reserve strips shall be offered to the County for dedication at the time the final plat is recorded however, all rights of vehicular access across said reserve strips shall be abandoned until such time as additional adjacent right-of-way is acquired by the County. SECTION 609 IMPROVEMENT PLANS The County Road Department may require, where topographical and drainage conditions warrant, improvement plans showing street grades and physical improvements, natural drainage ways and drainage works. SECTION 610 IMPROVEMENTS A. The subdivider shall improve, or agree to improve, all lands dedicated for streets, alleys, pedestrianways, drainage channels, easements and other rights-of-way as a condition precedent.to acceptance thereof and approval of the final plat, subject to the exceptions prescribed under Paragraph J, Section 301 of this Ordinance. - 26 - VOL 14 PAGE 13y B. Improvements shall conform with the specifications of design and materials as provided in the standard specifications adopted by the County Board of Commissioners. The subdivider shall give notice to the County Road Depart- ment prior to the commencement of construction of improvements. C. The County shall have the right to enter upon the sites of improvements for the purpose of inspecting them. SECTION 611 MONUMENTS A. All monuments shall be marked or tagged according to the provisions of State law. B. In making the survey for the subdivision, the surveyor shall set sufficient, permanent monuments prior to the recording of the final plat so that the survey or any part thereof may be readily retraced. The size, type and depth of monuments shall be in accordance with the Standard Specifications. SECTION 612 EVIDENCE OF WATER SUPPLY Proof of available water supply adequate to serve each lot as required in Section 205 of this ordinance shall be provided prior to approval of the final plat by the Planning Commission and acceptance by the County Board of Commis- sioners. SECTION 613 PROCEDURE FOR PROCESSING FINAL PLAT The County Planning Director, who is responsible to the County Planning Commis- sion and Board of Commissioners for the administration of this ordinance, shall be responsible for final plat conformance to preliminary plat approval and final plat processing and submittal to the County Planning Commission and Board of Commissioners pursuant to the provisions of this Section. A. The final plat shall be submitted to the County Surveyor who shall examine the final plat and determine the sufficiency of affidavits and acknowledg- ments, the correctness of surveying data, mathematical data and computations, and determine whether the provisions of the Plats and Subdivisions Act and the Final Map requirements of this Ordinance have been complied with. The subdivider shall provide traverse sheets and work sheets or accurate and complete electronic computations showing the closure of the exterior bound- aries of the subdivision as required by the County Surveyor. The final plat shall be returned `to the subdivider with notations as to errors or omissions, if any. If the final plat is found to be correct, the matters shown thereon are sufficient and all applicable provisions of the Plats and Subdivisions Act and this Ordinance have been complied.with, the County Surveyor shall certify his approval on the original plat. B. Any required improvement pians, profiles and specifications of proposed improvements shall be submitted to the County Road Department for approval at the time the final plat is submitted for checking. Such plans and profiles shall show the full details of the proposed improvements. Where standards and specifications are the same as those adopted by the County Board of Commissioners, they may be submitted by reference. - 27 - VOL 14 FAcE 138 vF .x s C. Any performance agreement required shall be submitted to the County Road Department on forms provided thereby. The Road Department shall determine that the security amount proposed pursuant to Section 614 herein, is ' adequate to cover the cost of all required improvement and related work. Where improvement plans are required, approval of such plans shall include a performance agreement. D. After the final plat has been checked and certified by the County Surveyor, the final plat shall be submitted to the County Planning Director who shall deliver the plat to the Assessor, Tax Collector and applicable Irrigation District for certifications (unless done by the subdivider or agent). If the final plat conforms to the preliminary plat as approved by the Planning Commission and no changes have been made which have not been approved by the Planning Commission, the Planning Director shall submit the final plat to the Chairman of the Planning Commission who shall certify the final plat on behalf of the Commission. E. After the final plat has been checked and approved as provided in this Section, and when all the certificates which appear on the final plat except the approval certificates of the County Board of Commissioners and County Clerk, have been signed and, where necessary, acknowledged, the Planning Director shall certify the final plat and submit the plat, along with any proposed improvements agreement to the County Board of Commissioners for approval. The Planning Director shall so notify the subdivider. F. Upon receipt of the final plat, the County Board of Commissioners shall consider said plat, the plan of the subdivision and the offers of dedication in accordance with the requirements of this Ordinance. If the subdivider has entered into an agreement with the County Board of Commissioners in accordance with theprovisions of Section 614 of this Ordinance, the County Board of Commissioners shall approve the final plat. No plat shall have any force or effect until the same has been approved by the County Board of Commissioners, and no title to any property described in any offer of dedication shall pass until the final plat has been recorded. SECTION 614 IMPROVEMENTS AGREEMENT A. Prior to the approval by the County Board of Commissioners of the final plat, the subdivider shall execute and file an agreement between himself and the County Board of Commissioners, specifying the period within which he or his agent or contractor shall complete all improvement work, and providing that, if he shall fail to complete such work within such period, the County shall call on the Surety to complete the same. The agreement shall provide for inspection of all improvements by the County. Such agreement may provide (a) for the construction of the improvements in units, (b) for an extension of time under conditions therein specified, and (c) for progress payment. The subdivider shall file with the aforesaid agreement, to assure his full and faithful performance thereof, a bond for such sum as is by the County Road Department deemed sufficient to cover the cost of said improvements, and incidental expenses and to cover replacement and repair of existing streets and other improvements damaged in the development of the subdivision. Such bond shall be executed by a surety company authorized by the District Attorney as to form. In lieu of said bonds, the subdivider may elect any one of the following alternatives to assure full and faithful performance. VOL 14 PAGE I -M The subdivider may deposit with the County cash money in an amount fixed as aforesaid by the County. 2. _ 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 it will be released only upon authorization of the County as in the case of cash. 3. Bonds acceptable to the County Board of Commissioners. 4. The subdivider may _enter into an agreement with the County Board of Commissioners setting forth the period of time within which he plans to 'construct improvements, either in whole or part. Such agreement shall specify that the subdivider shall deposit in an escrow account for the benefit of the County an amount of money equal to twice the pro -rata share of improvement costs for the entire subdivision attributable to a single lot, at the time of sale of said lot; pro- vided, however, that: (1) this alternative procedure shall be per- mitted only for a final plat not exceeding twenty (20) lots; (2) this alternative procedure shall not be permitted for subsequent phases of development until the improvements in the initial final plat have been completed; and (3) such agreement will not extend more than 12 months from the date of execution unless extended by the County Board of Commissioners as an amendment to the agreement. ARTICLE 7 EXCEPTIONS SECTION 701 EXCEPTIONS AUTHORIZED Exceptions and conditional exceptions to the ordinance may be authorized by the Planning Section 704 of this Article. SECTION 702 APPLICATION regulations prescribed by this Commission in accordance with Application for an exception will be made to the Planning Commission on a form prescribed by the Commission. The subdivider shall state fully the grounds of the application, the facts relied upon and any other data pertinent to the findings prerequisite to the granting of an exception prescribed in Section 704 of this Article. The application shall be filed at the time of filing the preliminary plat of a subdivision. SECTION 703 REFERRALS The Planning Director shall transmit copies of the application for an exception to the Subdivision Committee together with requests for recommendations on the proposed exception. Any exceptions requested by the subdivider shall be made the subject of study by the Subdivision Committee and report by the Planning Director to the Planning Commission. - 29 - SECTION 704 ACTION OF PLANNING COMMISSION VOL 14 fud4l) „The Planning.Commission shall consider the application for an exception at the same meeting at which it considers the preliminary map. An expeption may be granted unqualifiedly, or may be granted subject to prescribed conditions, provided that the Commission shall make all of the following findings: A. That there are special circumstances or conditions affecting the property that do not normally apply to other property and that such circumstances or conditions make it impossible or impractical to comply with the ordinance. B. That the exception is necessary for the proper design and/or function of the subdivision. C. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated. D. That the granting of the exception is in accordance with the purposes and objectives prescribed in Article l of this ordinance. E. That the exception is necessary for the preservation and enjoyment of a substantial property right because of an extraordinary hardship which would result from strict compliance with the regulations of this ordinance. The Planning Commission shall deny an application for an exception if the Commission cannot make the findings prescribed above. SECTION 705 APPEAL TO THE COUNTY BOARD OF COMMISSIONERS The Planning Commission's action on an application for an exception may be made the subject of an appeal by the subdivider to the County Board of Commissioners. The appeal shall be filed with the Board ofCommissioners in writing within ten (10) days after Planning Commission action and shall state specifically wherein it is claimed that there was an error or abuse of discretion by the Planning Commission. The County Board of Commissioners may sustain, reject or overrule any recomendations or rulings of the Planning Commission, provided, however, that such action shall not be inconsistent with the provisions of this ordinance. SECTION 706 PLANNED UNIT DEVELOPMENT A. PURPOSEANDUTILIZATION 1. Planned unit developments, involving the careful application of design, are encouraged to achieve -a more functional, esthetically pleasing and harmonious living environment within the County than might be achieved otherwise through strict adherence to the regulations of this ordinance. In certain instances, the objectives of this ordinance may be achieved by the development of 'planned units which do not conform with the more conventional standards of subdivision design and improvement prescribed by this ordinance. 2. A planned unit developmentapproachmay be utilized in the design and development of an urban, suburban or rural recreation subdivision, but may not be utilized for.a rural subdivision. 30 VOL 14 PAGE141 3. A planned unit development may include rots, blocks, streets and other improvements in an arrangement which will accommodate a variety of dwelling types and a variety of land uses which are made to complement each other and harmonize with existing or planned uses in the vicinity, by innovation in design. 4. A planned unit development includes, without exception, an open space or recreational area designed for the use and benefit of all the dwelling units or lots in the development. Lots shall be designed to have direct access to and frontage on open space. B. AUTHORITY OF PLANNING_COMMISSION In order to provide for the design and location of such well planned devel- opments, the Planning Commission is empowered to grant exceptions to the regulations of this ordinance, following review and recommendation by the Subdivision Committee, in the manner prescribed by this Article and this Section. C. STANDARDS 1. A planned unit development may involve a plan and program for the devel- opment of a complete community or unit thereof; provided, however, that a planned unit development shall involve a site area of not less than 10 acres. 2. The standards of rights-of-way, street improvement and subdivision design may vary from those prescribed in Articles 2 and 3 of this ordinance, provided that the subdivider can demonstrate by his design proposal and such additional evidence as may be submitted that the purposes of this Article and the objectives of this ordinance will be achieved. 3. The minimum area, width, depth and frontage of lots may be less than that prescribed for urban and suburban subdivisions in Section 302 of this ordinance, provided that reductions in lot areas are compen- sated for open space. Rural Recreation Subdivisions may have similar reductions in lot requirements when a domestic water system is developed. 4. Planned development subdivisions may be designed to provide for increased overall densities up to fifty percent (50%) more than that which would be created by the strict -adherence to the minimum standards of Section 302 for urban and suburban subdivisions provided that the subdivision is designed for the following purposes: a. A building development project, rather than for a lot sale or promotional sales program. b. Multiple dwelling units as may be incorporated into the design, such as a condominium project. c. Cluster housing development for the purpose of obtaining maximum open space and/or recreation benefits. 31 - .«h va 14 FAGS 14? 5. Maintenance of Open Space: As a condition of approving the subdivision of a planned unit development and granting modifications to the standard subdivision requirements, the subdivider shall present in writing with the tentative maps the means by which the preservation and permanent maintenance of the open spaces or recreational areas, which includes all private driveways, walkways and other areas owned in common, is to be accomplished and the payment of taxes thereon assured. No exceptions to the standard subdivision requirements shall be permitted unless the Planning Commission determines that the subdivider has adequately pro- vided for the permanent maintenance of open space and payment of taxes. ARTICLE 8 PENALTIES, ENFORCEMENT, CONSTITUTIONALITY, ENACTMENT SECTION 801 PENALTIES Any offer to sell, contract to sell, sale, or deed of conveyance of a subdivision or any part thereof, before a final plat thereof in full compliance with the provisions of this Ordinance has been duly recorded shall be a misdemeanor, and any person, firm, partnership or corporation, upon conviction thereof, shall be punishable by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment in the County Jail for a period of not more than six (6) months, or by both such fine and imprisonment, except that nothing herein contained shall be deemed to bar any legal, equitable, or summary remedy to which the county or any other political subdivision, or person, firm, partnership or corporation may otherwise be entitled; and the county or any other political subdivision, or person, firm, partnership or corporation may file a suit in the superior court of the county to restrain or enjoin any attempted or proposed subdivision or sale in violation of this ordinance. SECTION 802 ENFORCEMENT It shall be the responsibility of the Planning Director to notify the District Attorney of any violation of this Ordinance and to sign any necessary complaints. SECTION 803 VOIDABLE CONVEYANCES Any deed of conveyance, sale or contract to sell made contrary to the provisions of this Ordinance is voidable at the sole option of the grantee, buyer or person contracting to.purchase, his heirs, personal representative, or trustee in insolvency or bankruptcy within one (1) year after the date of execution of the deed of conveyance, sale or contract to sell, but the deed of conveyance, sale or contract to sell is binding upon any assignee to transferee of.the grantee,' buyer or person contracting to purchase, -other than those above enumerated, and upon the grantor, vendor, or person contracting to sell, or his assignee, heir or devisee. SECTION 804 COMPLIANCE WITH OREGON REAL ESTATE REGULATIONS Prior to the sale of or contract to sellanylot within a subdivision, a final subdivision plat shall be recorded and the subdivider shall file a "Notice of Intent" with the Oregon State Board of Real Estate. -32- • SECTION 8105 CONSTITUTIONALITY VOL 14 PAvE1 43 If any section, sub -section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The County Board of Commissioners of the County of Deschutes hereby declares that it would have passed this Ordinance and each section, sub -section, sentence, clause .and phras-e thereof, irrespective of the fact that any one_or more of other sections, sub -sections, clauses or phrases be declared invalid or unconstitutional. SECTION 805 AMENDMENT, REPEAL This ordinance may be amended or repealed as provided by law. SECTION 807 ENACTMENT This Ordinance shall take effect and be in force at the expiration of 21 days from and after its passage, which date is October 1, 1970. Passed and adopted by the Board of Commissioners of the County of Deschutes, State of Oregon on the 9th day of September, 1970: BOARD OF COMMISSIONERS COUNTY OF DESCHUTES Commissioner -33-