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8-476-Ordinance No. 2 Recorded 4/3/19631 ~ VOL 8 FACE 476 ORDINATCE NO. AN ORDINANCE re;.ating to st:ndivision and the plans of plats therefor; providing standards for the subdivision or partitioning of land in Deschutes County, Oregon, lying outside of incorporated areas; prescribing procedure for the application of such standards; and providing penalties for violations. WHEREAS, the following standards prescribing procedure for surveying, platting and recording subdivisions in the County of Deschutes outside of in- corporated areas are authorized and in confirmity with Oregon Revised Statutes, chapter 92 and 227 and by revisions as indicated by Oregon Laws of 1955, chapters 31, 439 and 756; WHEREAS, all proceedings have been had and hearings have been held both before the Planning Commission and the County Court of which hearings notices were given as required by statue and the County Court finds that it is In the public interest to provide standards fcr the subdivision or p=titioning of land in the County of Deschutes. NON.9 THEREFORE, BE IT ORDAINED BY THE COUNTY COURT OF DESCHUTES COUNTY, OREGON: RULES, REGULATIONS AND STANDARDS FOR THE SUBDIVISION OF LAND, AND FOR THE PREPARATION OF SUBDIVISION PLANS AND PLATS AND FOR DEDICATIONS TO BE FILED. SECTION 1. PURPOSE. Pursuant to Oregon Revised Statutes 92.010 to 92.990, inclusive, entitled "PLATS AND SUBDIVISIONS", any person desiring to make a subdivision of land shall first submit plans for such subdivision to the Coiuity Planning Commission of Deschutes County, a-egcn., for study-and approval. Ciuoh study and-,,approval" of subdivisions is necessary in order that this County secure and provide for the proper width and arrangement of streets, ways and thoroughfares and their rela- tion to existing or planned streets, ways and thoroughfares; to provide for conformity to the Comprehensive Plan for the physical de-relopment and improve- ment of the County; to provide for public utilities and the open space neces- sary for recreation, safety and health; also to provide for the prevention of congestion of population. SECTION 2. DEFINITIONS. For the purpose of these regulations, certain words used herein are defined as follows: a. Plat includes a final map, diagram, drawing, replat or writing containing all the descriptions, locations, specifications, dedications, provisions and information concerning a subdivision. be Subdivide land means to par:titio n. a parcel of land into four or more parcels of less than five acres each for the purpose of transfer of owner- ship or building development; whether immediate or, future, when suchrpaxcel exists as a unit or contiguous units under a single ownership as shown on the tax roll for the year preceding the partitioning. ci~.Subdivision means either an act of subdividing land or a tract of land sub- divided as defined in this section. d. Metes and Bounds. The method used to verbally describe a tract or tracts of land intended forcWelling or other purposes as the sole means of record- ing such property in the County Recorder's office. e. Major Street or Major Thoroughfare or Major Highway. A highway of consid- erable continuity which is primarily a traffic arteryfor intercommunication among large areas. f. Secondary Street or Secondary Thoroughfare or Secondary Highway. A street supplimentary to the major highway system and primarily a means of inter- communication between this system and smaller areas (or among smaller areas). g. Minor Street or Local Street or Minor Highway. A street primarily for ac- cess of abutting properties. h. All . A very minor street primarily for service access to the back or side or properties abutting also on other streets. -1- VOL 8 PAGE 4'77 is Deed-end Street or Cul-de-,sa:. A minor street with only one outlet. J. Street Width.. The shortest distance between the lines which delineate the right-of-way of a street. k. Roadway. The portion or portions of a street or way available for vehicular traffic or in other words the portion or portions between curbs where curbs are laid. 1. Curb Line. The line dividing the roadway from the planting strip or footway. m. Ptiilding Line. A line on a plat indicating the limit beyond which buildings or structures may not be erected. n. Official Maps The map on which the planning locations, particularly of streets, are indicated with detail and exactness so as to furnish the basis for property acquisition or bUlding restrictions. SECTION 3. PROCEDURE a. 17vThen any person contemplates a subdivision of land he shall first discuss this matter with the member of the Administrative staff designated by the Planning Commission to advise in such matters and also secure a copy of these regulations before any plans are drawn. b. After the preliminary discussion and after securing a copy of these regula- tions there must be prepared a PRELI4INARY PLAN of the subdivision in ac- cordance with Sections 4 and 5 of these regulations. The PRELIMINARY PLAN is submitted to the County Planning Commission with a written application for the tentative approval of that body. This plan will be given study by the County Planning Commission and the County Surveyor and changes may be necessary before it can be tentative", approved. If the Preliminary Plan is rejected the County Planning Commission will give its reasons for the rejection. Approval of the preliminary plan is tentative approval and does not constitute a final acceptance of the plat. Tentative approval of the preliminary plat will be given by a letter from the County Planning Commission and not by notation on the preliminary plan. Such tentative approval shall state any and all changes to be made and will be given by the County Planning Commission within sixty (60) days after submission of the preliminary plan and this tentative approval shall become null and void if a FINAL PLAN in accordance with the regu2 ations set forth in Sec- tions 4 and 6 is not submitted within six (6) months after the date of the tentative approval of the preliminary plan. The FINAL PLAN for the subdivision shall be submitted to the County Plan- ning Commission and shall be an accurate plan for the official record pre- pared by a Registered Civil Engineer or Land Sm veyor and in Accordance with the Regulations set forth in Sections 4 and 6 of these Regulations. If the Final Plat includes all the changes as recommended by the County Planning Commission on the Preliminary Plat then the Planning Commission shall approve the Plat and shall so do by writing on the Final Plat or Plan. SECTION 4. GENERAL REQUIR5ENTS AND MINIMW STANDARDS OF DESIGN AND DEVELOPMENT. The following are the minimum requirements and standards to which a sub- division plat must conform before approval: (a) Conformitv to Official flap. Tne subdivision shall conform to and be in harmony with the official Hap and ea0ecially to the Major Thoroughfare Plan. Major thoroughfares, parkways' parks and recreation areas shall be placed in the locations designated by the County Planning Commission. (b) Relation to Adjoining Street System. A subdivision shall provide for the continuation of the principal streets existing in the adjoining subdivisions or of thbir proper projection when ad- joining property is not subdivided, an such streets shall be of a width ft, at less than the minimum r6quiremen is for streets set -2- VOL 8 PAGE 4°78 f e r th in t.h e s e r eZulatio-.as ffhan-e, in the cpini on of the County Planning Cf,mm"SSiona topogl•aphi c co"1.dicions make such continuation or conformity impractical, exception may be made, In cases where the County Planning "ommission itseAlf adepts a plan or plat of a neighbor- hood or area of which the subdivision :is a part, the subdivision shall conform to such adopted neighborhood or area plan. Where the plat submitted covers only a part of the subdivider's tract, a drawing of the prospective future street system of the entire tract shall be furnished and the street system of the part submitted shall be considered in light of conformity to the street system of the entire tract. Where a tract is subdivided into lots of an acre or more, the Comm- ission may require an arrangement of lots and streets such as to permit a later resubdivision in conformity to the street requirements and other requirements contained in these regulations. (c) Access. ere shall be no reserve strips controlling access to streets,, ex- cept where the control of such strips is definitely placed in the County under conditions approved by the County Co i€sion. The subdividing of the land shall be such as to provide each lot, by means of a public street or way,"' with satisfactory access to an existing public highway or to a thoroughfare. (d) Street Widths. (1) The width of major streets shall not be less than sixty (60) feet in width. (2) The minimum width for minor streets shall be fifty (50) feet, except in cases where the topography or other physical condi- tions make a street of this width impractical, the County Plan- ning Ccmlission may modify this minor street width regulation. These widths shall be measured from lot line to lot line. (e) Street Grades and Condition. (1) The grades of major streets shall not exceed six (6) percents except under unavoidable conditions grades to eight (8) per- cent may be permitted. (2) The grades of minor streets shall not exceed ten (10) percents except under unavoidable conditions grades up to twelve (12) percent may be pern,.itted. (3) All streets ahall have at least a .3 grade. (f) Dead End Street2. In general dead end (Cul-de-Sat;) streets are not desirable but if provided shall not exceed five hundred (500) feet in length and shall terminate in 'a Win-Around with a minirm a radiaus of fifty (50) (g) Street Carves. (1) The minimum center line radius of curvature shall be four hun- dred (100) feet for major thoroughfares (over 80 feet in vd dth), three hundred (300) feet for secondary or feeder streets (61 to 80 feet in width), and one hundred fifty (150) feet for minor streets (50 feet or less in width). On major and secondary streets there shall be a tangent of not less than one hundred (100) feet between reversed curves. (2) Major thoroughfare intersections shall have a curb radius of not less than thirty-five (35) feet; all other street inter- sections shall have curb radius of not less than fifteen (15) feet. -3- VOL 8 PAGE 479 h) Streets adjacent to RoJlruad.sj When the area to be s-abdivided ac?joine or contains a railroad, freeway or parkway, a street shall be provided on each side and paral- lel to such -ailrcad, freeway or parkway within or adjacent to the sub- division. If the intervening property between such parallel streets and a freeway or a parkway is less than eighty (80) feet in width such inter- vening property shall be dedicated to park or thoroughfare use. The intersections of such parallel streets where they intersect with streets that cross a .railroad, shall be at such a distance from the railroad as to provide approaches to any probable grade crossings. (i) Alleys. The minimum width of an alley in a residential bloc:, when platted, shall be twenty (20) feet. Alleys must be provided in commercial and industrial districts and shall be not less than twenty (20) feet in width,. (j) Half Streets. No half streets shall be included in a subdivision plan except where necessary on the boundary of the sdmUvision tract where the ex- tension of an existing dedicated street must be provided for and the boundary line of the tract is the center line of the ret3essary street. (k) Ease.^ients. Where alleys are not provided, easements of not less than six (6) feet in width shall be provided on each side of the rear lot line or side lot line, for necessary utility lines including poles, wires, conduits, storm and sanitary sayers, gas; water and heat lines. Ease- ments of the same or greater width may be required along lot lines or acccss lots or ?anal parcels where necessary for the extension of ttiiity lines, water gays, for service vehicular access and walk-gays. (1) Blocks No block shall be longer than cne thousand two hundred (1 200) feet between street lines. In blocks over eight hundred (8003 feet in length there shall be a cross walkway of not less than ten (10) feet in width near the middle of the block. The width of blocks shawl be such as to allow two tiers of lots, unless exceptional conditions are, in the opinion of the Commission, such as to render this requirement undesirable. (m) Lots. (1) Every lot shall abut on a street or on an officially approved public way. (2) All side lot lines shall be at right angles to street lines or radial to curved street lines, unless variation from these require- ments is deemed necessary by the County Planning Commission. (3) Lots with double frontage shall not be permitted except where, in the opinion of the County Planning Commission, an odd shaped land tract or existing topography make such a lot unavoidable. (a.) The minimum dimensions of residential lots on any plat shall not be less titan 501 x 1001. (n) Building Lines. Building lines shall be shown on all lots planned for residential use and on all commercial or industrial lots immediately adjoining a residential area. Such building lines shall not be less than those re- quired by the zoning ordinance. tidhere the subdivided area is not under - 4- VOL O PAGE 480 a zoning ordinance t1-e, County Fian.1?.r_g Corami4sion may encourage the establishment of 'building lines in keeping with the proper development of property. (o) Nei shborhood or Community Plan. In the case of a plat for a new neighborhood or community these regulations may, if necessary, be madified as they apply to minor streets, blocks, lots and building lines when such neighborhood or com- mimity plan provides adeglaa.te access to major thoroughfares and pro- vides adequate light and air, circulation, recreational areas, open space and lot-area-per-family equivalent to the requirements of these regulations and the County zoning ordinances and which provides for such legal restrictions or other statutes as -mill assure the carrying out of the plan in its entirety. (p) Duplication of Names. The name of a proposed subdivision shall not duplicate the name of any other area within the County. . A street name shall not duplicate the name of any other street or way within any other subdivision unless it is a continuation of that street. (q) Public Open Space. Due consideration shall be given by the subdivider to the allo- cation of suitable areas for schools, parks and playgrounds to be dedi- cated for public use or reserved for the common use of all property owners within the vibdivision by covenants in the deeds. Parks and re- creation areas including schools, playgrounds and playfields shall con- form as nearly as possible to locations designated by the Count Planning Cormmission, If required by Planning Commission park and recreation areas. should exist at a ratio of not less than one acre of recreation area to every one hundred people of the ultimate population. This ratio would place playground and part: areas within walking distance of every home. SECTION 5. PRELIMINARY PLAN. In seeking to subdivide land; the land owner shall submit•to the County Planning Commission an application, in writing, asking f br the tentative approval of the Preliminary Plai. (a)'If the Preliminary Plan does not show the following information, a Vicinity Map or Key Map should aocompar~y or be drawn on the Pre- liminary plat. at a small scale (!~00 feet equals one inch) showing w all existing subdivisions, streets, tract line or acreage parcels, together with the names of the record owner of panels of land im- mediately adJoining the proposed subdivison and b6tween it and the nearest existing or proposed major thoroughfares. It shall show how streets and alleys in the proposed subdivision may connect with existing and proposed streets and alleys in neighboring subdivisions or undeveloped property, to produce the most advantageous develop- ment of the entire neighborhood area. (b) Conformity to Section 4. Tha Preliminary Plan shall conform to Section 1141rs trGeneral Requirements and Minimum Standards of Design and Development'. (c) Preliminary Plan. The plat of a subdivision shall be of such scale that all sur- vey and mathematical information, and all other details may be clearly and legibly shown thereon. Each lot shall be numbered and each block shall be lettered or numbered. The lengths of-all bound- aries of each lot shall bo shown to the nearest 0.1 foot. Each street shall be named and shall also show: VOL 8 PAGE 481 (1) The proposed nape of the subc?i•risicn. 12) Northpoint, scale and date of application. (3) Names and addresses of the subdivider and of the engineer, surveyor or land planner or landscape architect. (4) The t.-act designation or ether description according to the real estate,records of the Deschutes County Recorder. („5)-.The boundary line (ac=rate in scale) of the tract to be subdivided. (6) Ground elevations on the tract, based on a datum plane approved by the County Surveyor: for land that slopes less than approximately two (2) percent show spot elevations at all breaks in grade, along drainage,channels or swales, and at selected points not more than 100 f*et apart in all directions; for land that slcpes more, than ap ' rcrxitat;e]ry t*o { 2 ) percent either show contours with-an interval of-not more' than five (5) feet if 'ground slope is regular And such information is sufficient for planning purposes, or show contours with an interval of not more than two (2) feet if necessary because of irregular land or need for more detailed data for preparing plans and construction drawings. Other conditions on the tract.,-including water courses, marshes, rock outcrop, wooded areas,` isolated perservable trees one-foot or more in diameter, houses, barns, shacks and other significant features shall be indicated 'in the topographic data shown on the preliminary plan. (7) The names of adjacent subdivisions or the 'names of record owners of adjoining parcels of unsubdivided Land. (8) The location, widths and names of all existing or platted streets or other public ways within or adjacent to the tract, existing permanent buildings, railroad rights-of-way and other inportant features such as section lines, political subdivision or corporation lines and school district boundaries. (9) Existing sewers drain fields, water mains, culverts or other underground structures within the tract or immediately adjacent thereto together with pipe sizes, grades and locations indicated if they exist and percolation test on soil be given. (10) All parcels of land intended to be dedicated for public use or reser7ed in the deeds for the use of all property owners in the proposed subdivision, together with the purpose of con- ditions or limitations of such reservation, if any. (11) The layout, names and widths of proposed streets, alleys and easements. Proposed streets small be adjusted to the con- tour or land so as to produce usable lots and streets of rea- sonable gradients. (12) When required by the County Planning Commission the Prelimi. nary Plan shall be accompanied by w (a) The profile of each street with tentative grades, in- cluding extensions of such profile for a reasonable dis- tance beyond the limits of the subdivision. (b) The cross section of proposed streets showing the width of roadways, location and width of sidewalks. All elevations shall be based upon mean sea level datum. (13) The layout, numbers and approximate dimensions of proposed lots. Where lots are to be used for other purposes than res- idential it shall be indicated in such lots. VOL O PAGE 482 (14) ?arks, playgroands, recr3,:tticn areas, boulevards, park- ways end open spa-_es for pahllc ussa (15) Zoning Distracts as set forth in the County Zoning Ordin- ance. (16) Locations of any proposed plantings. (d) Tentative Approval of the Preliminary Plan. The County Planning Commission shall by letter express its tentative approval or disapproval of the Preliminary Plan within sixty (60)'days of the date it was submitted and no indication of approval shall be put on such plan When the County Planning Com- mission rejects the Preliminary Plan it shall state its reasons for such rejection. Tentative approval of the Preliminary Plan is null and void if the FINAL PLAN is not submitted to the County Punning Commission within six (6) months after tentative approval of the Preliminary Plan. SECTION 6. FINAL PLAN, The Final Plan shall be submitted to theJ*unty°Planning Commission in the form of an original tracing in ink-"on tracing cloth or polyester base film and a good quality of white cold-pressed, double mounted draw- ing paper, 18 inches by 24 inches as required by Oregon Law O.R.S. 92.080, together with five (5) prints. The Final Plan shall conform to Section 41 "General Requirements and Minimum Standards of Design and Development", The Final Plan shall be drawn to such a scale that all survey and mathematical information may be clearly shown. (a) Name of the subdivision. (b) Name and address of the subdivider. (c) Northpoint, scale and date submitted. (d) The boundary lines with accurate distances aril bearings, the exact location and widths of all existing or re6orded streets and ways inter- secting the boundary of the tract. (a) True bearings and distances to the nearest established street lines or official monuments, which shall be acc=ately described on the plat; municipal, township, county or section lines accurately tied to the lines of the subdivision by distances and bearings. (f) An accurate location of the subdivision in reference to the real estate records of Deschutes County including names of adjacent record owners of property. (g) Streets, alleys and ways together with their names. (h) The length of all arcs, radii, internal angles, points of curvature, length and bearings of tangents. (i) All easements for rights-of-sway provided for public services or util- ities and any limitations of the easements. (j) All block indications, lot numbers and lot lines with accurate dimen- sions in feet and tenths and bearings and angles to street and alley lines. (k) The accurate location, material and approximate size of all monuments. Monuments shall meet the specifications of the County Surveyor but shall not be less than those required by the State or the Federal Governments as they apply. -r- VOL 8 PACE 483 (1) The accurate cut' .ne of all property which is offered for dedication for the public use with the purpose indicated thereon and of all property that may be reserved by deed covenaat for the common use of the property owners in the subdivision. (m) The zoning districts as set forth in the County Zoning Ordinances. (n) Boundaries of areas of private restrictions within the subdivision and designation of the kind of such restrictions. (o) Certification by a registered professional Citiil Engineer of lic- ensed land surveyor to the effect that the plan represents a survey made by him and all the monuments shown thereon actually exist and that their location„. size and material are correctly shown. (p) Certification of approval of the County Surveyor of all locations, grades and dimensions of the plat. (q) Dedication of all streets, alleys, ways, easements, parks and lands for public use as shown on the plat and as required by the County of Deschutes,,, Oregon. Submitted With The Final Plan The following shall accompany the final,plan - (a) Written proof that all taxes on the tract are paid to date. (b) If any or all of the following improvements are to be performed by the subdivider the following shall accompany the Final Plan - (1) Cross sections of the proposed streets showing widths of roadways, types of surfacing, curb locations and width and location of sidewalks. (2) Plan and profiles of proposed sanitary, storm-water or com- bined sewers; with grades, pipe sizes and the location of man- holes indicated. (3) Plan and profiles of the proposed water distribution system showing pipe sizes and the location of valves and fire hydrants. (4) Specifications for the construction of all proposed roadways, curbs, sidewalks, sewers and waterlines. (5) A profile of each street with grades shown thereon. Approval of the Final Plan Prior to the approval of the Final Plan on any Subdivision as defined herein, the County Planning Commission will ascertain and sat- isfy itself that within said contemplated subdivision there is adequate provision for sewage disposal and sanitary domestic water supply. Grading, paving, curbing, gutters, sidewalks and street tree plantings. may also be required prior to final approval of the proposed subdivision plat, where in the opinion of the said Planning Commission the same is necessary under the police power of Deschutes County for the protection of the health, welfare, general well-being and aesthetic values of the neighborhood and the said Deschutes County. At the option of the County Planning Commission and in conjunction and co-operation with the developer of the subdivision, the plat as or- iginally proposed may be broken down into segments and each segment treated as an entirety to which the regulations in this section shall apply, The County Planning Commission will wi thold its approval of any subdivision plat as herein mentioned until the regulations herein set -8- VOL 8 PACE 484 u . forth have been con-plied. lied. wit-1i or i,Itil r a-% s 'a, gory a77idenee of intent and ability has s 'been prov7,-led and nay require a performance bond evi- dencing such intent and ability 1r ~e said developer. In no event shall approval be g'_ven to additional. segments of the original plat until the requirements as herein set forth have been met as to any prior considered segment. Any improvements required by the County Planning Commission as a condition of approval of the final plat shall follow the construction drawings and specifications listed above and meet with the approval of the County Surveyor. All sanitary facilities shall meet with the ap- proval of the County Health Officer or Sanitarian. Approval of the Final Plan shall be indicated by the signatures of the County Surveyor$ the President of the County Planning Commissions the County Assessor, County Sheriff, County Judge and Commissioners. The approval of the Final Plan shall be deemed to constitute or effect an acceptance by the public of the dedication of any street or other proposed public way or space shown on the plat immediately upon the final recording of the said plat. Approval of the Final Plan by the County Planning Commission shall be null and void if the plat is not recorded within sixty (60) days after the date of approval, unless application for an extension of time is made in smiting by the subdivider during said sixty (60) day period to the County Planning Commission and granted. SECTION 7. Applicable portions of Chapter 92, Oregon Revised Statutes, Plats and subdivisions,, are made a part hereof by reference; where the pro- visions and requirements hereof are more strict and stringent, then insofar as such are conaerned the terms of these rules shall prevail and where the provisions of the State Statutes are more strict and stringent than such shall prevail. SECTION 8 VARIANCES, (a) Hardship. On application to the Planning Commission, a developer who is able to affirmatively show an extraordinary hardship arising from the location, topographys or other physical characteristic, which would make it difficult or impossible to conform strictly to these regulations, and further the affirmative finding by the Planning Commission that such conditions do exist and a further affirmative finding that the public interest shall be secured and that such a project will be k,eneficial to the community and not nullify the intent and purposes of the Zoning Plan of Deschutes Count or these regulations, then the said Planning Commission may vary the regu- lations so that substantial justice may be done. (b) Large Sole Develo went. The standards and requk-^ements of these regulations may be modi- fied by the Planning Commission in the case of a plan and pr" gram for a new town, a complete co::ununitys or a neighborhood unit., which in the judgement of the Planning Commission provide adequate public spaces and improvements for the circulation, recreation, light air, and service needs of the tract, including streets and utilities, when fully developed and populated, and which also pro- vide such covenants or other legal provisions as will assure con- formity to and achievement of the Zoning Plan. (c) Conditions. In granting variances and modifications, the Planning Commis. -9- VOL 8 FACE 485 sion may req,,4: e such c-nd:.tior3 as grill, in its judgem.ent3 securo substantially the ob-sctivas of the standards or requirements so varied or mod-Ified. SECTION 9. SAVING CLAUSE. Should any part or portion of these rules be declared invalid or unlawful by a court of competent jurisdiction then such a declaration or determination shall have no bearing or effect upon the other parts or portions of these rules. SECTION 10. PENALTIES. All persons, corporations.. partnerships or other entities corning within the terms of these rules small comply herewith. Failure to comply with or violation of any provision of these ruies is punishable' upon conviction, by a fine of not less than $50O.C0 or more than 0500.00 or imprisonment in the County jail for not less than 25 days nor more than 50 days, or both. Should equ1 we0ble remadles be legally provided to enforce the terms and provisions of these rules then such remedies are adopted by reference and shall be applicable to enforce the terms and provisions of these rules. -10-