2006-535-Ordinance No. 2006-007 Recorded 5/31/2006REVIEWED
LEGAL COUNSEL
REVIEWED
6`x
CODE REVIEW COMMITTEE
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
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RECORDS P
} 1006.535
CLERK d
05/31/2006 03:34:25 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 17, of the Deschutes
County Code, making technical changes.
ORDINANCE NO. 2006-007
WHEREAS, the Deschutes County Planning Division has proposed a Text Amendment to Title 17, the
Deschutes County Subdivision Ordinance, to make minor changes that will correct errors, omissions,
inconsistencies, and clarify awkward text; and
WHEREAS, the Deschutes County Planning Commission held a duly noticed pubic hearing on
February 9, 2006, and recommended to the Board the proposed changes to Title 17 as described in Exhibits "A"
through "F," and
WHEREAS, the Board of County Commissioners held duly noticed public hearing on May 10, 2006;
now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 17.08, Definitions and Interpretation of Language, is amended to
read as described in Exhibit "A," attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in stFikethteugh.
Section 2. AMENDMENT. DCC 17.16, Approval of Subdivision Tentative Plans and Master
Development Plans, is amended to read as described in Exhibit "B," attached hereto and by this reference
incorporated herein, with new language underlined and language to be deleted in StFikethff)Ugh.
Section 3. AMENDMENT. DCC 17.22, Approval of Tentative Plans for Partitions, is amended to
read as described in Exhibit "C," attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in stAkOthFeugh.
Section 4. AMENDMENT. DCC 17.24, Final Plat, is amended to read as described in Exhibit "D,"
attached hereto and by this reference incorporated herein, with new language underlined and language to be
deleted in strileegh.
Section 5. AMENDMENT. DCC 17.36, Design Standards, is amended to read as described in Exhibit
"E," attached hereto and by this reference incorporated herein, with new language underlined and language to be
deleted in str-ilethfeugh.
PAGE I OF 2 - ORDINANCE NO. 2006-007 (05/10/2006)
Section 6. FINDINGS. The board adopts the staff report adopted as Exhibit "B" to Ordinance 2006-
006, and incorporated herein by this reference, as it findings to support this Ordinance.
DATED this ~rday of , 2006.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUT4~ COUNTY, OREGON
R. LUKE, CHAIR
BEV CLARNO, VICE CHAIR
MICHAEL M. DALY, COMMISSIONER
Date of 1st Reading: day of , 2006.
Date of 2"d Reading: d/ day of , 2006.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Dennis R. Luke ✓
Bev Clarno t/
Michael M. Daly
Effective date:
'day of (,t/! 2006.
0
ATTEST:
(rb- 0.eA_
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2006-007 (05/10/2006)
EXHIBIT "A"
17.08.030. Definitions generally.
As used in DCC Title 17, the words and phrases
set out in DCC 17.08.030 have the following
meanings.
"AASHTO Standards" refers to the road safety
and design standards set forth in the publication
entitled American Association of State Highway
and Transportation Officials Policy on Geometric
Designs of Highways and Streets, dated 1990
current edition.
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B. Class II Project. Land use permit required.
"Class II Project" is a
1. Modernization where a road or street is
widened by more than one lane;
2. Traffic safety or intersection
improvement which changes local traffic
patterns;
3. System change which has significant
land use implications; or,
4. The construction of a new County road
or street within a dedicated public right-
of-wy where none existed before.
(Ord. 2006-007 § 1, 2005; Ord. 97-005 § 1,
1997; Ord. 96-003 § 10, 1996; Ord. 950065 § 1,
1995; Ord. 93-012 2-7, 1993; Ord. 90-003 § 1,
Exhibit A, 1990; Ord. 88-015 § 1, 1988; Ord. 86-
015 § 2, 1986; Ord. 83-039 § 2, 1983; Ord.
81-043 § 1, Exhibit A, § 1.040, 1981)
PAGE 1 of 1 - EXHIBIT "A" TO ORDINANCE NO. 2006- 007 (05/10/2006)
EXHIBIT "B"
17.16.030. Informational requirements.
utilities, bikeways and access corridors
The following information shall be shown on the
within and adjacent to the proposed
tentative plan or provided in accompanying
subdivision;
materials. No tentative plan shall be considered
6.
Existing sewer lines, water mains,
complete unless all such information is provided.
culverts and other underground and
A. General Information Required,
overhead utilities within and adjacent to
1. Proposed name of the subdivision;
the proposed subdivision, together with
2. Names, addresses and phone numbers of
pipe sizes, grades and locations;
the owners of record, authorized agents
7.
Contour lines related to some established
or representatives, engineer or surveyor,
benchmark or other engineering
and any assumed business names filed or
acceptable datum and having minimum
to be filed with the Corporation
intervals of two feet for slopes of less
Commission by the applicant;
than five percent, 10 feet for slopes of
3. Date of preparation, true north, scale and
five to 20 percent, and 20 feet for slopes
gross area of the proposed subdivision;
greater than 20 percent;
4. Appropriate identification of the drawing
8.
Zoning classification of lands within and
as a tentative plan for a subdivision;
adjacent to the proposed subdivision;
5. Location and tract designation sufficient
9.
A map showing the location of any site
to define its location and boundaries, and
zoned SM, Surface Mining, under DCC
a legal description of the tract boundaries
Title 18, within one-half mile of the
in relation to existing plats and streets;
proposed subdivision or partition
6. Certified copy of the recorded instrument
boundary;
under which the applicant claims an
10.
The structures, trees, rock outcroppings
ownership interest, such as a copy of a
or other shade producing objects, if the
land sales agreement or similar binding
object will cast shade from or onto the
agreement, which binds the applicant in
subdivision.
the event of tentative approval;
C. Information Concerning Proposed
7. Title report or subdivision guarantee.
Subdivision.
B. Information Concerning Existing Conditions.
I .
Location, names, width, typical
I. Location, names and widths of existing
improvements, cross-sections, bridges,
improved and unimproved streets and
culverts, approximate grades, curve radii
roads in relation to existing; right-of-waX,
and centerline lengths of all proposed
bikeways and access corridors in the
streets, and the relationship to all existing
proposed subdivision and within 200 feet
and proposed streets;
of the p
proposed subdivision;
2.
Location, width and purpose of all
2. Location of any existing features, such as
proposed
easements or rights of way for
section lines, section corners, special
roads, utilities, bikeways and access
district boundary lines and survey
corridors, and relationship to all existing
monuments;
easements and rights of way;
3. Location of existing structures, irrigation
3.
Location of at least one temporary
canals and ditches, pipelines, waterways,
benchmark within the subdivision
railroads and any natural features, such
boundary;
as rock outcroppings, marshes, wooded
4.
Location, approximate area and
areas
and natural hazards;
dimensions of each lot, and proposed lot
4. Location and direction of watercourses,
numbers;
and the location of areas subject to
5.
Location, approximate area and
flooding and high water tables;
dimensions of any lot or area proposed
5. Location, width and use or purpose of
for public use, the use proposed, and
any existing easement or right of way for
PAGE I OF 2 - EXHIBIT "B" TO ORDINANCE 2006-007 (05/10/2006)
EXHIBIT "B"
plans for improvements or development
thereof,
6. Proposed use, location, approximate area
and dimensions of any lot intended for
nonresidential use;
7. Phase boundaries outlined in bold lines,
if phasing is contemplated for the
subdivision;
8. Source, method and preliminary plans for
domestic and other water supplies,
sewage disposal, solid waste disposal and
all utilities;
9. Description and location of any proposed
community facility;
10. Storm water and other drainage facility
plans;
11. Statement from each utility company
proposed to serve the subdivision, stating
that each such company is able and
willing to serve the subdivision as set
forth in the tentative plan;
12. Proposed fire protection system for the
subdivision;
13. Solar access:
a. Provide a statement relative to the
solar access to be provided by the
subdivision plan.
b. Determine the location and type of
street trees, if proposed.
14. Location and design of all proposed
bicycle and pedestrian facilities;
15. Location and design of all proposed
facilities providing for public transit.
D. Information for lots located in Surface
Mining Impact Area (SMIA) zones. For each
lot located wholly or partially within a SMIA
zone, an applicant shall submit a site plan,
accompanied by appropriate site plan fees,
indicating the location of proposed noise or
dust sensitive uses (as defined in DCC Title
18), the location and dimensions of any
mitigating berms or vegetation and data
addressing the standards of DCC 18.56, as
amended, with respect to proposed noise or
dust sensitive uses.
(Ord. 2006-007 § 2, 2005; Ord. 93-012 § 15,
1993; Ord. 90-003 § 1, Exhibit A, 1990; Ord.
83-039 3-5, 1983; Ord. 81-043 § 1, Exhibit A,
§ 3.025, 1981)
PAGE 2 OF 2 - EXHIBIT "B" TO ORDINANCE 2006-007 (05/10/2006)
EXHIBIT "C"
Chapter 17.22. APPROVAL OF
radius and grade of proposed rights of
TENTATIVE PLANS
way;
FOR PARTITIONS
3. If the partition is to be accessed by a U.S.
Forest Service or Bureau of Land
17.22.010. Filing procedures and
requirements.
Management road, the applicant shall
17.22.020. Requirements for approval.
submit a written agreement with the
17.22.030. Improvement requirements.
appropriate land management agency
17.22.040. Application review.
providing for permanent legal access to
17.22.100. Special partition regulations.
the road and any required maintenance;
4. Names and addresses of the landowner,
the applicant (if different), a mortgagee if
17.22.010. Filing procedures and
applicable and the engineer or surveyor
requirements.
employed or to be employed to make the
A. Any person, or his authorized agent or
necessary surveys;
representative, proposing a land partition,
5. A statement regarding contemplated
shall prepare and submit a minimum of 10
water supply, telephone and electric
copies of the documents hereinafter
service, sewage disposal, fire protection
described, unless more copies are required by
and
access, etc. If domestic water is to
the Planning Director, in accordance with the
be provided by an on-site well, the
prescribed procedures, and the appropriate
application must include at least two well
filing fee, to the Planning Division.
logs for wells in the area;
6. True north, scale and date of map and
B. The tentative plan shall include the
property identification by tax lot, section,
following:
township and range;
1. A vicinity map locating the proposed
7. Statement regarding present and intended
partition in relation to parcels zoned SM,
use of the parcels to be created, or the use
Surface Mining, under DCC Title 18,
for which the parcels are to be offered;
which are within one-half mile of the
8. If a tract of land has water rights
the
subject partition, and to adjacent
,
application shall be accompanied by a
subdivisions, roadways and adjoining
water rights division plan which can be
land use and ownership patterns. The
reviewed by the irrigation district or
map must include names of all existing
other water district holding the water
roadways shown therein;
rights, or when there is no such district,
2. A plan of the proposed partitioning
the County Watermaster;
showing tract boundaries and
9. Title report or subdivision guarantee.
dimensions, the area of each tract or
parcel, locations of all easements, and the
C. Information for parcels located within a
names, rights of way, widths and
Surface Mining Impact Area (SMIA) zones.
improvement standards of existing roads
For each parcel wholly or partially within a
in relation to the existing right-of-waX.
SMIA zone under DCC Title 18, an applicant
The tentative plan shall also show the
shall submit a site plan, accompanied by
location of all existing buildings, canals,
appropriate site plan fees, indicating the
ditches, septic tanks and drainfelds; it
location of proposed noise or dust sensitive
shall also show the location of any
uses (as defined in DCC Title 18), the
topographical feature which could impact
location and dimensions of any mitigating
the partition, such as canyons, bluffs,
berms or vegetation and data addressing the
rock outcroppings, natural springs and
standards of DCC 18.56, with respect to
floodplains. In addition, the tentative
allowed noise or dust sensitive uses.
plan shall show the location width, curve
PAGE 1 OF 3 - EXHIBIT "C" TO ORDINANCE 2006-007 (05/10/2006)
EXHIBIT "C"
(Ord. 2006-007 § 3, 2005; Ord. 93-012 § 21,
8. For partitions or portions thereof within
1993; Ord. 90-003 § 1, Exhibit A, 1990; Ord.
one-half mile of SM zones, the applicant
81-043 § 1, Exhibit A, § 5.015, 1981)
shows that a noise or dust sensitive use,
as defined in DCC Title 18, can be sited
17.22.020. Requirements for approval.
consistent with the requirements of DCC
A. No application for partition shall be approved
18.56, as demonstrated by the site plan
unless the following requirements are met:
and accompanying information required
1. Proposal is in compliance with ORS 92,
to be submitted under DCC
the applicable comprehensive plan and
17.28.010(C).
applicable zoning ordinance. A proposed
B. If the Planning Director determines that the
partition is not in compliance with the
proposed partition constitutes series
zoning ordinance if it would conflict with
partitioning, or if series partitioning has
the terms of a previously issued approval
occurred in the past, then the Planning
for a land use on the property or would
Director may refer the application to the
otherwise create a nonconforming use on
hearings officer for a determination as to
any of the newly described parcels with
whether the application should be subject to
respect to an existing structure or use;
the requirements of DCC 17.36.300, Public
2. Proposal does not conflict with existing
Water Supply System, and DCC 17.48.160,
public access easements within or
Road Development Requirements for
adjacent to the partition;
Subdivisions.
3. The partition is accessed either by roads
C. Protective covenants and homeowner's
dedicated to the public or by way of
association agreements are irrelevant to any
United States Forest Service or Bureau of
partition approval and will not be reviewed
Land Management roads where applicant
by the County. Any provision in such
has submitted a written agreement with
agreements not in conformance with the
the appropriate land management agency
provisions of DCC Title 17 or applicable
providing for permanent legal access to
zoning ordinance are void as against the
the parcels and any required
County.
maintenance. This provision shall not be
(Ord. 2006-007 § 3, 2005; Ord. 93-012 § 22,
subject to variance;
1993; Ord. 90-003 § 1, Exhibit A, 1990; Ord.
4. An access permit can be obtained from
81-043 § 1, Exhibit A, § 5.020, 1981)
either the
Community Development Department,
17.22.030. Improvement requirements.
the City Public Works Department or the
In the approval of a land partition, the County
State Highway Division;
shall consider the need for street and other
5. Each parcel is suited for the use intended
improvements, and may require as a condition of
or offered, considering the size of the
approval any improvements that may be required
parcels, natural hazards, topography and
for a subdivision under the provisions of DCC
access;
6. All required utilities, public services and
Title 17. All roads in partitions shall be dedicated
facilities are available and adequate and
to the public without reservation or restriction,
are proposed to be provided by the
except where private roads are allowed by the
petitioner;
applicable zoning regulations, such as in planned
7. A water rights division plan, reviewed
or cluster developments.
and approved by the appropriate
(Ord. 2004-025 § 1, 2004; Ord. 93-012 § 23,
irrigation district or the Watermasters
1993; Ord. 90-003 § 1, Exhibit A, 1990; Ord.
office, if water rights are associated with
81-043 § 1, Exhibit A, § 5.020, 1981)
the subject property;
PAGE 2 OF 3 - EXHIBIT "C" TO ORDINANCE 2006-007 (05/10/2006)
EXHIBIT "C"
17.22.040. Application review.
Following submission of an application for a land
partition, the application shall be reviewed in
accordance with DCC Title 22.
(Ord. 93-012 § 24, 1993; Ord. 90-003 § 1, Exhibit
A, 1990; Ord. 81-043 § 1, Exhibit A, § 5.040,
1981)
17.22.100. Special partition regulations.
The partitioning of a tract of land in which not
more than one additional parcel is created, and
transferred to a governmental agency or special
district for the purpose of a road, railroad, electric
substation, canal right of way or irrigation district
use, may be approved by the Planning Director
without going through a variance procedure. The
new parcel may be less than the minimum lot size
in the zone within which it is located, provided it
is utilized for one of the above purposes. A
partition application shall be required.
(Ord. 93-012 § 15, 1993; Ord. 90-003 § 1, Exhibit
A, 1990; Ord. 81-043 § 1, Exhibit A, § 5.090,
1981)
PAGE 3 OF 3 - EXHIBIT "C" TO ORDINANCE 2006-007 (05/10/2006)
EXHIBIT "D"
Chapter 17.24. FINAL PLAT
17.24.020. Submission-Extensions.
17.24.010. Applicability.
A. Filing Time Period Requirements. Except as
17.24.020. Submission-Extensions.
provided for in DCC 17.24.030, the applicant
17.24.030. Submission for phased
shall prepare and submit to the planning
development.
department a final plat that is in conformance
17.24
.040. Form.
with the tentative plan as approved. Within
17.24.050. Requirements of survey and plat,
two years of the approval date for the
17
.24.060. Required information.
tentative plan for a subdivision or partition,
17.24.070. Supplemental information.
the applicant shall submit an original
17
.24.080. Repealed.
drawing, a filing fee and any supplementary
17.24.090. Approval by irrigation districts.
information required by DCC Title 17 and
17.24.100. Technical review.
the Hearings Body. If the applicant fails to
17.24.105. Final plat review.
proceed with such a submission before the
17.24.110. Conditions of approval.
expiration of the two-year period following
17.24.120. Improvement agreement.
the approval of the tentative plan, the plan
17.24.130. Security.
approval shall be void. The applicant may,
17.24.140. Approval.
however, submit a new tentative plan
17.24.150. Recording.
.
together with the appropriate filing fee.
17.24.160. Approval and recordation of
B. Extension.
subdivision interior monuments.
1. An extension may only be granted in
17.24.170. Correction of errors.
conformance with the applicable
provisions of the Deschutes County
Development Procedures Ordinance.
17.24.010. Applicability.
(Ord. 95-018 § 15, 1995; Ord. 90-003 § 1, Exhibit
A. DCC 17.24 shall apply to approval of plats
A, 1990; Ord. 86-030 § 1, 1986; Ord. 81-043 § 1,
for subdivisions and major and minor
Exhibit A, § 4.005(2), 1981)
partitions within the County. A final plat is
17.24.030. Submission for phased
required for all subdivisions and partitions
development.
approved by the County.
B. With respect to partitions and subdivisions
A. If a tentative plan is approved for phased
located within the boundaries of a city that
development, the final plat for the first phase
has by resolution or ordinance directed that
shall be filed within two years of the approval
the city surveyor serve in lieu of the County
date for the tentative plan.
Surveyor, DCC 17.24.040, 17.24.150,
B. The final plats for any subsequent phase shall
17.24.160 and 17.24.170 shall apply.
be filed within three years of the recording
C. With respect to partitions and subdivisions
date of the final plat for the first phase.
located within the boundaries of a city that
C. The applicant may request an extension for
has not by resolution or ordinance directed its
any final plat under DCC 17.24 in the manner
surveyor to serve in lieu of the County
provided for in DCC 17.24.020(B).
Surveyor, DCC 17.24.040, 17.24.100(A),
D. If the applicant fails to file a final plat, the
17.24.150, 17.24.160 and 17.24.170 shall
tentative plan for those phases shall become
apply.
null and void.
(Ord. 90-015 § 2, 1990; Ord. 90-003 § 1, Exhibit
(Ord. 95-018 § 16, 1995; Ord. 90-003 § 1, Exhibit
A, 1990)
A, 1990; Ord. 81-043 § 1, Exhibit A, § 4.010,
1981)
PAGE 1 OF 6 - EXHIBIT "D" TO ORDINANCE 2006-007 (05/10/2006)
EXHIBIT "D"
17.24.040. Form.
The final plat shall be submitted in the form
prescribed by state statute and DCC Title 17. All
plats and other writings or dedications made a
part of such plats offered for recording shall be
made in black India ink upon an 18 inch by 24-
inch sheet, with an additional three-inch binding
edge on the left side. The plat shall be made
upon drafting material of at least four mil
thickness that is suitable for binding and copying
and have such other characteristics of strength
and permanency as may be required by the
County Surveyor. All signatures on the original
subdivision or partition plat shall be in permanent
black India-type ink. The plat shall be of such a
scale as established by the County Surveyor, and
the lettering of the approvals, dedications, the
Surveyor's certificate, and all other information
shall be of such size or type as will be clearly
legible, but no part shall come nearer to any edge
of the sheet than one inch. The plat may contain
as many sheets as necessary, but an index page
shall be included for plats of three or more sheets.
(Ord. 93-012 § 25(A), 1993; Ord. 90-003 § 1,
Exhibit A, 1990; Ord. 81-043 § 1, Exhibit A, §
4.015, 1981)
17.24.050. Requirements of survey and plat.
A. Any final subdivision or partition plat shall
meet the survey and monumentation
requirements of ORS 92.
B. Parcels of 10 acres or more created by
partition are subject to all survey and
monument requirements.
(Ord. 93-012 § 25(AA), 1993; Ord. 90-003 § 1,
Exhibit A, 1990; Ord. 81-043 § 1, Exhibit A, §
4.020, 1981)
17.24.060. Required information.
In addition to that required for the tentative plan
or otherwise specified by law, the following
information shall be shown on the submitted plat:
A. Name of subdivision and plat number for a
final subdivision plat, or the partition
application number and space for the
partition plat number for a final partition plat.
C. The date, scale, true north, key to symbols,
controlling topography such as bluffs, creeks
and other bodies of water, and existing
highways and railroads.
D. Legal description of the tract boundaries.
E. The exact location and width of streets and
easements intercepting the boundary of the
tract.
F. Tract, lot or parcel boundary lines and street
rights of way and centerlines, with
dimensions, bearing or deflection angles,
radii, arcs, points of curvature and tangent
bearings. Normal high water lines for any
creek, bay or other body of water. Tract
boundaries and street bearings shall be shown
to the nearest second with the basis of
bearings. Distances shall be shown to the
nearest 0.01 feet.
G. Streets. The width of the streets being
dedicated and the curve data shall be based
on the street centerline. In addition to the
centerline dimensions, the radius and central
angle shall be indicated, together with the
long chord distance and bearing.
H. Easements. The location, dimensions and
purpose of all recorded and proposed public
easements shall be shown on the plat along
with the County Clerk's recording reference if
the easement has been recorded with the
County Clerk. All such easements shall be
denoted by fine dotted lines and clearly
identified. If an easement is not of record, a
statement of the grant of easement shall be
given. If the easement is being dedicated by
the plat, it shall be properly referenced in the
owner's certificate of dedication. .
1. Southern Building Line. The southern
building line shall be shown on each lot or
parcel which is benefited by solar height
restrictions on burdened lots within the
subdivision or partition.
J. Bicycle and Pedestrian Facilities. The
location, width and type (i.e., route, lane or
path) of all bicycle and pedestrian facilities,
including access corridors.
B. Name of owner, applicant and surveyor.
PAGE 2 OF 6 - EXHIBIT "D" TO ORDINANCE 2006-007 (05/10/2006)
EXHIBIT "D"
K. Lot or Parcel Numbers. Lot or parcel
3. All final plats for parcels within an
numbers beginning with the number one and
irrigation district shall be signed by an
numbered consecutively.
authorized person from the district.
L. Block Numbers. Block numbers shall not be
Q. Statements. The following statements are
allowed for any subdivision application
required:
submitted for tentative approval after January
1. Land Divider's Declaration.
1, 1992, unless such subdivision is a
a. An acknowledged affidavit of the
continued phase of a previously recorded
person proposing the land division
subdivision, bearing the same name, that has
(declarant) stating that he has caused
previously used block numbers or letters.
the plat to be prepared in accordance
The numbers shall begin with the number one
with the provisions of ORS 92 and
and continue consecutively without omission
dedicating any common
or duplication throughout the subdivision.
improvements, such as streets, bike
The numbers shall be placed so as not to
paths or walkways, parks or open
obliterate any figure. Block numbers in an
space, sewage disposal or water
addition to a subdivision of the same name
supply systems, required under DCC
shall be a continuation of the numbering in
17.24.060 or as a condition of
the original subdivision.
approval of the tentative plan or plat.
M. Public Lands. Public lands, including strips
The declaration shall also include the
and easements, shall be clearly marked to
creation of any other public or
distinguish them from lots or parcels intended
private easements.
for sale.
b. If the declarant is not the fee owner
of the property, the fee owner and the
N. Access Restrictions. Limitations on rights of
vendor under any instrument of sale
access to and from streets, lots or parcels and
shall also execute the declaration for
other tracts of land.
the purpose of consenting to the
0. Area. The area of each lot or parcel, if larger
property being divided and to any
than one acre, to the nearest hundredth of an
dedication or creation of an easement
acre; and the area of each lot or parcel less
or other restriction. Likewise, the
than one acre, to the nearest square foot.
holder of any mortgage or trust deed
shall also execute the declaration for
P. Statement of Water Rights.
purposes of consenting to the
1. Each subdivision or partition plat shall
property being divided and for the
include a statement of water rights on the
purpose of assenting to any
plat. The statement shall indicate
dedication or creation of an easement
whether a water right or permit is
or other restriction.
appurtenant to the subject property. If a
c. In lieu of signing the declaration on
water right is appurtenant, the certificate
the plat, any required signatory to the
number must appear with the statement.
declaration other than the declarant
If a water permit rather than a perfected
may record an acknowledged
water right is appurtenant, the permit
affidavit consenting to the
number shall be included on the plat.
declaration and to any dedication or
2. If a water right is appurtenant, the
donation of property for public
applicant shall submit a copy of the final
purposes or creation of an easement
plat to the State Water Resources
or other restriction.
Department, except for those plats with
2. A certificate certifying preparation of the
lots or parcels served by irrigation
plat in conformance with the provisions
districts.
of state law signed by the surveyor
PAGE 3 OF 6 - EXHIBIT "D" TO ORDINANCE 2006-007 (05/10/2006)
EXHIBIT "D"
responsible for the survey and final plat
and stamped with his seal.
3. Any other affidavit required by state
regulations.
R. Signature Lines. Unless otherwise stated
herein, signature lines for the following
officials signifying their approval:
1. County Surveyor.
2. Road
Department Director.
3. County Environmental Health Director,
unless the property is to be connected to
a municipal sewer system.
4. County Assessor (subdivisions and
nonfarm partitions only).
5. County Tax Collector (subdivisions
only).
6. Authorized agent for any irrigation
district servicing the subdivision or
partition.
7. County Planning Director.
8. County Commissioners.
9. Any other signature required by state
regulation.
S. The plat shall contain a statement located
directly beneath the signatures of the County
Commissioners stating as follows:
"Signature by the Board of Commissioners
constitutes acceptance by the County of any
dedication made herein to the public."
T. Adjacent SM Zone. Any plat of a
subdivision or partition adjoining an SM
zone must clearly show where such zone is
located in relation to the subdivision or
partition boundaries.
(Ord. 2006-007 § 4, 2005; Ord. 93-012 § 26,
1993; Ord. 90-015 § 1, 1990; Ord. 90-003 § 1,
Exhibit A, 1990; Ord. 83-039 § 6, 1983; Ord.
81-043 § 1, Exhibit A, § 4.030, 1981)
B. Record of Survey Plat. Sheets and drawings
for submission to the County Surveyor
containing the following information:
1. Traverse data, including the coordinates
of the boundary of the subdivision or
partition and ties to section corners and
donation land claim corners, and showing
the error of closure. A survey control
work sheet may be substituted for this
item;
2. The computation of distances, angles and
courses shown on the plat;
3. Ties to existing monuments, proposed
monuments, adjacent subdivisions or
partitions, street corners and state
highway stationing.
C. Dedications. A copy of any dedication
requiring separate documents with specific
reference to parks, playgrounds, etc.
D. Taxes. A list of all taxes and assessments on
the tract which have become a lien on the
land being divided.
E. Improvements. If grading, street
improvements, sewer or water facilities are
required as a condition of approval of the
final plat, the following shall be required to
be submitted with the final plat:
1. Improvement plan, in accordance with
DCC 17.40.010;
2. Plans and profiles of sanitary sewers,
location of manholes and drainage
system;
3. Plan and profiles of the water distribution
system, showing pipe sizes and location
of valves and fire hydrants;
4. Specifications for the construction of all
utilities;
5. Grading plans and specifications as
required for areas other than streets and
17.24.070. Supplemental information.
The following data shall accompany the plat:
A. Title Report. A subdivision guarantee report
or other similar title report issued by a title
insurance company showing the current
status of title to the property. Such report
shall show evidence of marketable title,
ways;
6. Planting plans and specifications for
street trees and other plantings in public
areas;
7. Plans for improvements, design factors or
other provisions for fire protection or fire
hazard reduction.
PAGE 4 OF 6 - EXHIBIT "D" TO ORDINANCE 2006-007 (05/10/2006)
EXHIBIT "D"
8. A Map showing the location of existing
roads in relation to the dedicated ri hg tof-
way.
(Ord. 2006-007 § 4, 2005; Ord. 90-003 § 1,
Exhibit A, 1990; Ord. 81-043 § 1, Exhibit A, §
4.035, 1981)
17.24.100. Technical review.
A. Review by Surveyor.
1. The County Surveyor shall, after receipt
of such fees provided by law or County
ordinance, review the plat for
conformance with the requirements of
ORS 92.
2. The surveyor shall not approve a
partition unless he is satisfied that all
required monuments on the exterior
boundary and all required parcel corner
monuments have been set.
3. The County Surveyor may require that
the setting of interior corners for a
subdivision be delayed if the installation
of street and utility improvements has not
been completed or if other contingencies
justify the delay. In such cases, the
surveyor shall require payment of a bond
to the County as provided for in DCC
17.24.130.
4. Any plat prepared by the County
Surveyor in his private capacity shall be
approved by the County Surveyor of
another County in accordance with ORS
92.100(4).
B. Field Check. The
Road Department Director, the Planning
Director and the County Surveyor or their
designated representatives may make such
checks in the field as are required by law or
are otherwise desirable to verify that the plat
is sufficiently correct. They may enter the
property for this purpose.
(Ord. 2006-007 § 4, 2005; Ord. 93-012 § 27,
1993; Ord. 90-003 § 1, Exhibit A, 1990; Ord.
81-043 § 1, Exhibit A, § 4.040, 1981)
17.24.150. Recording.
A. No plat shall have any force or effect until it
has been recorded. No title to property
described in any dedication on the plat shall
pass until recording of the plat.
B. The applicant must present the original
approved plat plus two exact mylar copies at
the time of recording. The Surveyor who
made the plat shall make an affidavit on the
mylar copies indicating that the copy or
tracing is a true and exact copy of the plat.
Prior to submission to the County Clerk of a
plat of a County-approved subdivision or
partition, the applicant shall provide 15 blue
line copies of the plat to the planning division
and pay the appropriate cartography fee. No
plat shall be recorded with the County Clerk
unless accompanied by a written statement
from the Planning Division that all
requirements have been met.
C. No plat may be recorded unless all city or
County approvals required under ORS 92
with respect to land division and surveying
and mapping have been obtained. If the plat
or the circumstances of its presentation do
not allow the Clerk to make this
determination, the Clerk may make such
inquiry as is necessary to establish that such
requirements have been met.
D. No subdivision plat shall be recorded unless
all ad valorem taxes and all special
assessments, fees or other charges required
by law to be placed upon the tax roll that
have become a lien upon the subdivision or
that will become a lien upon the subdivision
during the ealeffdar-ta_year have been paid.
E. No plat shall be recorded unless it is
accompanied by a signed statement of water
rights and, if there are water rights
appurtenant to the property being divided, an
acknowledgment of receipt by the Oregon
Department of Water Resources of
applicant's statement of water rights. This
provision shall not apply if the partition or
subdivision plat displays the approval of any
special district referred to in DCC 17.24.090.
PAGE 5 OF 6 - EXHIBIT "D" TO ORDINANCE 2006-007 (05/10/2006)
EXHIBIT "D"
F. No plat shall be recorded unless it complies
with the provisions of DCC 17.24.040
regarding form.
G. Following submission of the approved plat
and required copies, and upon payment of
such recording fees as prescribed by the
County, the original shall be recorded in the
County Clerk's plat records. One copy of the
final plat submitted shall be preserved
without folding in the archives of the County
Clerk. The other copy shall be filed with the
County Surveyor.
(Ord. 2006-007 § 4, 2005; Ord 93-012 § 31,
1993; Ord. 90-003 § 1, Exhibit A, 1990; Ord.
81-043 § 1, Exhibit A, § 4.065, 1981)
PAGE 6 OF 6 - EXHIBIT "D" TO ORDINANCE 2006-007 (05/10/2006)
EXHIBIT "E"
Chapter 17.36. DESIGN STANDARDS
17.36.010.
Compliance required.
17.36.020.
Streets.
17.36.030.
Division of land.
17.36.040.
Existing streets.
17.36.050.
Continuation of streets.
17.36.060.
Minimum right of way and
roadway width.
17.36.070.
Future resubdivision.
17.36.080.
Future extension of streets.
17.36.090.
Repealed.
17.36.100.
Frontage roads.
17.36.110.
Streets adjacent to railroads,
freeways and parkways.
17.36.120.
Street names.
17.36.130.
Sidewalks.
17.36.140.
Bicycle, pedestrian and transit
requirements.
17.36.150.
Blocks.
17.36.160.
Easements.
17.36.170.
Lots-Size and shape.
17.36.180.
Frontage.
17.36.190.
Through lots.
17.36.200.
Corner lots.
17.36.210.
Solar access performance.
17.36.220.
Underground facilities.
17.36.230.
Grading of building sites.
17.36.240.
Repealed.
17.36.250.
Lighting.
17.36.260.
Fire hazards.
17.36.270.
Street tree planting.
17.36.280.
Water and sewer lines.
17.36.290.
Individual wells.
17.36.300.
Public water system.
17.36.010. Compliance required.
Except as otherwise set forth in a zoning
ordinance, all land divisions shall be in
compliance with the design standards set forth in
DCC 17.36 and in DCC 17.48.
(Ord. 95-082 § 2, 1995; Ord. 81-043 § 1, Exhibit
A, § 6.010, 1981)
17.36.020. Streets.
A. The location, width and grade of streets shall
be considered in their relation to existing and
planned streets, topographical conditions,
public convenience and safety, and the
proposed use of land to be served by the
streets. The street system shall assure an
adequate traffic circulation system for all
modes of transportation, including
pedestrians, bicycles and automobiles, with
intersection angles, grades, tangents and
curves appropriate for the traffic to be
carried, considering the terrain. The
subdivision or partition shall provide for the
continuation of the principal streets existing
in the adjoining subdivision or partition or of
their property projection when adjoining
property which is not subdivided, and such
streets shall be of a width not less than the
minimum requirements for streets set forth in
DCC 17.36.
B. Streets in subdivisions shall be dedicated to
the public, unless located in a destination
resort, planned community or planned or
cluster development, where roads can be
privately owned. Planned developments shall
include public streets where necessary to
accommodate present and future through
traffic.
C. Streets in partitions shall be dedicated to the
public.
(Ord. 93-012 § 31(A), 1993; Ord. 90-003 § 1,
Exhibit A, 1990; Ord. 81-043 § 1, Exhibit A, §
6.015(1), 1981)
17.36.030. Division of land.
Any proposal for a condominium conversion
which results in a division of real property shall
comply with the provisions of DCC Title 17 and
ORS 92.
(Ord. 93-012 § 32, 1993; Ord. 81-043 § 1, Exhibit
A, § 6.015(10), 1981)
17.36.040. Existing streets.
Whenever existing streets, adjacent to or within a
tract, are of inadequate width to accommodate the
increase in traffic expected from the subdivision
or partition or by the County roadway network
plan, additional rights of way shall be provided at
the time of the land division by the applicant.
During consideration of the tentative plan for the
subdivision or partition, the Planning Director or
Hearings Body, together with the Road
PAGE 1 OF 7 - EXHIBIT "E" TO ORDINANCE 2006-007 (05/10/2006)
EXHIBIT "E"
Department Director, shall determine whether
improvements to existing streets adjacent to or
within the tract, are required. If so determined,
such improvements shall be required as a
condition of approval for the tentative plan.
Improvements to adjacent streets shall be
required where traffic on such streets will be
directly affected by the proposed subdivision or
partition.
(Ord. 93-012 § 33, 1993; Ord. 90-003 § 1, Exhibit
A, 1990; Ord. 81-043 § 1, Exhibit A, § 6.015(3),
1981)
17.36.050. Continuation of streets.
Subdivision or partition streets which constitute
the continuation of streets in contiguous territory
shall be aligned so that their centerlines coincide.
(Ord. 90-003 §1, Exhibit A, 1990; Ord. 81-043 §
1, Exhibit A, § 6.015(9), 1981)
17.36.060. Minimum right of way and
roadway width.
The street right of way and roadway surfacing
widths shall be in conformance with standards
and specifications set forth in DCC 17.48. Where
DCC 17.48 refers to street standards found in a
zoning ordinance, the standards in the zoning
ordinance shall prevail.
(Ord. 97-005 § 2, 1997; Ord. 81-043 § 1, Exhibit
A, § 6.015(1), 1981)
17.36.070. Future resubdivision.
Where a tract of land is divided into lots or
parcels of an acre or more, the Hearings Body
may require an arrangement of lots or parcels and
streets such as to permit future resubdivision in
conformity to the street requirements and other
requirements contained in DCC Title 17.
(Ord. 90-003 § 1, Exhibit A, 1990; Ord. 81-043 §
1, Exhibit A, § 6.015(2), 1981)
17.36.080. Future extension of streets.
When necessary to give access to or permit a
satisfactory future division of adjoining land,
streets shall be extended to the boundary of the
subdivision or partition.
(Ord. 81-043 § 1, Exhibit A, § 6.015(6), 1981)
17.36.090. (Repealed by Ord. 93-012, 1993)
17.36.100. Frontage roads.
If a land division abuts or contains an existing or
proposed collector or arterial street, the Planning
Director or Hearings Body may require frontage
roads, reverse frontage lots or parcels with
suitable depth, screen planting contained in a
nonaccess reservation along the rear or side
property line, or other treatment necessary for
adequate protection of residential properties and
to afford separation of through and local traffic.
All frontage roads shall comply with the
applicable standards of Table A of DCC Title 17,
unless specifications included in a particular zone
provide other standards applicable to frontage
roads.
(Ord. 97-005 § 3, 1997; Ord. 93-057 § 1, 1993;
Ord. 93-057 § 1, 1993; Ord. 93-012 § 35, 1993;
Ord. 81-043 § 1, Exhibit A, § 6.015(7), 1981)
17.36.110. Streets adjacent to railroads,
freeways and parkways.
When the area to be divided adjoins or contains a
railroad, freeway or parkway, provision may be
required for a street approximately parallel to and
on each side of such right of way at a distance
suitable for use of the land between the street and
railroad, freeway or parkway. In the case of a
railroad, there shall be a land strip of not less than
25 feet in width adjacent and along the railroad
right of way and residential property. If the
intervening property between such parallel streets
and a freeway or a parkway is less than 80 feet in
width, such intervening property shall be
dedicated to park or thoroughfare use. The
intersections of such parallel streets, where they
intersect with streets that cross a railroad, shall be
determined with due consideration at cross streets
of a minimum distance required for approach
grades to a future grade separation and right of
way widths of the cross street.
(Ord. 90-003 § 1, Exhibit A, 1990; Ord. 81-043 §
1, Exhibit A, § 6.015(8), 1981)
17.36.120. Street names.
Except for extensions of existing streets, no street
name shall be used which will duplicate or be
confused with the name of an existing street in a
nearby city or in the County. Street names and
numbers shall conform to the established pattern
PAGE 2 OF 7 - EXHIBIT "B" TO ORDINANCE 2006-007 (05/10/2006)
EXHIBIT "E"
in the County and shall require approval from the
subdivision and existing or planned
County Property Address Coordinator.
neighborhood activity centers, and
(Ord. 93-012 § 36, 1993; Ord. 81-043 § 1, Exhibit
c.
Otherwise meet the needs of cyclists
A, § 6.015(11), 1981)
and pedestrians, considering the
destination and length of trip.
17.36.130. Sidewalks.
2. Su
bdivision layout.
A. Within an urban growth boundary, sidewalks
a.
Cul-de-sacs or dead-end streets shall
shall be installed on both sides of a public
be allowed only where, due to
road or street and in any special pedestrian
topographical or environmental
way within the subdivision or partition, and
constraints, the size and shape of the
along any collectors and arterials improved in
parcel, or a lack of through-street
accordance with the subdivision or partition
connections in the area, a street
approval.
connection is determined by the
Planning Director or Hearings Body
B. Within an urban area, sidewalks shall be
to be infeasible or inappropriate. In
required along frontage roads only on the
such instances, where applicable and
side of the frontage road abutting the
feasible, there shall be a bicycle and
development.
pedestrian connection connecting the
C. Sidewalk requirements for areas outside of
ends of cul-de-sacs to streets or
urban areas are set forth in DCC 17.48.175.
neighborhood activity centers on the
In the absence of a special requirement set
opposite side of the block.
forth by the Road Department Director under
b.
Bicycle and pedestrian connections
DCC 17.48.030, sidewalks and curbs are
between streets shall be provided at
never required in rural areas outside
mid-block where the addition of a
unincorporated communities as that term is
connection would reduce the walking
defined in DCC Title 18.
or cycling distance to an existing or
(Ord. 96-003 § 11, 1996; Ord. 93-012 § 37, 1993;
planned neighborhood activity center
Ord. 90-003 § 1, Exhibit A, 1990; Ord. 88-015 §
by 400 feet and by at least 50 percent
3, 1988; Ord. 81-043 § 1, Exhibit A, § 6.015(12),
over other available routes.
1981)
c.
Local roads shall align and connect
with themselves across collectors
17.36.140. Bicycle, pedestrian and transit
and arterials. Connections to
requirements.
existing or planned streets and
undeveloped properties shall be
A. Pedestrian and Bicycle Circulation within
provided at no greater than 400-foot
Subdivision.
intervals.
1. The tentative plan for a proposed
d.
Connections shall not be more than
subdivision shall provide for bicycle and
400 feet long and shall be as straight
pedestrian routes, facilities and
as possible.
improvements within the subdivision and
3. Facilities and Improvements.
to nearby existing or planned
a.
Bikeways may be provided by either
neighborhood activity centers, such as
a separate paved path or an on-street
schools, shopping areas and parks in a
bike lane, consistent with the
manner that will:
requirements of DCC Title 17.
a. Minimize such interference from
b.
Pedestrian access may be provided
automobile traffic that would
by sidewalks or a separate paved
discourage pedestrian or cycle travel
path, consistent with the
for short trips;
requirements of DCC Title 17.
b. Provide a direct route of travel
between destinations within the
PAGE 3 OF 7 - EXHIBIT "E" TO ORDINANCE 2006-007 (05/10/2006)
EXHIBIT "B"
Connections shall have a 20-foot
right of way, with at least a 10-foot
usable surface.
(Ord. 93-012 § 38,1993; Ord. 81-043 § 1, Exhibit
A, § 6.015(13), 1981)
17.36.150. Blocks.
A. General. The length, width and shape of
blocks shall accommodate the need for
adequate building site size, street width and
direct travel routes for pedestrians and
cyclists through the subdivision and to nearby
neighborhood activity centers, and shall be
compatible with the limitations of the
topography.
B. Size. Within an urban growth boundary, no
block shall be longer than 1,200 feet between
street centerlines. In blocks over 800 feet in
length, there shall be a cross connection
consistent with the provisions of DCC
17.36.140.
(Ord. 95-082 § 3, 1995; Ord. 93-012 § 38(A),
1993; Ord. 81-043 § 1, Exhibit A, § 6.020(1) and
(2), 1981)
17.36.160. Easements.
A. Utility Easements. Easements shall be
provided along property lines when necessary
for the placement of overhead or
underground utilities, and to provide the
subdivision or partition with electric power,
communication facilities, street lighting,
sewer lines, water lines, gas lines or drainage.
Such easements shall be labeled "Public
Utility Easement" on the tentative and final
plat; they shall be at least 12 feet in width and
centered on lot lines where possible, except
utility pole guyline easements along the rear
of lots or parcels adjacent to unsubdivided
land may be reduced to 10 feet in width.
B. Drainage. If a tract is traversed by a
watercourse such as a drainageway, channel
or stream, there shall be provided a
stormwater easement or drainage right of way
conforming substantially with the lines of the
watercourse, or in such further width as will
be adequate for the purpose. Streets or
parkways parallel to major watercourses or
drainageways may be required.
(Ord. 90-003 § 1, Exhibit A, 1990; Ord. 81-043 §
1, Exhibit A, § 6.020(3), 1981)
17.36.170. Lots-Size and shape.
The size, width and orientation of lots or parcels
shall be appropriate for the location of the land
division and for the type of development and use
contemplated, and shall be consistent with the lot
or parcel size provisions of DCC Title 18 through
21, with the following exceptions:
A. In areas not to be served by a public sewer,
minimum lot and parcel sizes shall permit
compliance with the requirements of the
Department of Environmental Quality and
the County Sanitarian, and shall be sufficient
to permit adequate sewage disposal. Any
problems posed by soil structure and water
table and related to sewage disposal by septic
tank shall be addressed and resolved in the
applicant's initial plan.
B. Where property is zoned and planned for
business or industrial use, other widths and
areas may be permitted by the Hearings
Body. Depth and width of properties reserved
or laid out for commercial and industrial
purposes shall be adequate to provide for the
off-street service and parking facilities
required by the type of use and development
contemplated.
(Ord. 90-003 § 1, Exhibit A, 1990; Ord. 81-043 §
1, Exhibit A, § 6.025, 1981)
17.36.180. Frontage.
A. Each lot or parcel shall abut upon a public
road, or when located in a planned
development or cluster development, a
private road, for at least 50 feet, except for
lots or parcels fronting on the bulb of a
cul-de-sac, then the minimum frontage shall
be 30 feet, and except for partitions off of
U.S. Forest Service or Bureau of Land
Management roads. Frontage for partitions
off U.S. Forest Service or Bureau of Land
Management roads shall be decided on a case
by case basis based on the location of the
promo eny, the condition of the road, and the
PAGE 4 OF 7 - EXHIBIT "E" TO ORDINANCE 2006-007 (05/10/2006)
EXHIBIT "B"
orientation of the proposed parcels, but shall
be at least 20 feet. In the La Pine
Neighborhood Planning Area Residential
Center District, lot widths may be less than
50 feet in width, as specified in DCC 18.61,
Table 2: La Pine Neighborhood Planning
Area Zoning Standards. Road frontage
standards in destination resorts shall be
subject to review in the conceptual master
plan.
B. All side lot lines shall be at right angles to
street lines or radial to curved streets
wherever practical.
(Ord. 2006-007 § 5, 2006; Ord. 2004-025 § 2,
2004; Ord. 2003-029 § 1, 2003; Ord. 93-012 §
39, 1993; Ord. 90-003 § 1, Exhibit A, 1990; Ord.
81-043 § 1, Exhibit A, § 6.030(1) and (2), 1981)
17.36.190. Through lots.
Lots or parcels with double frontage should be
avoided except where they are essential to
provide separation of residential development
from major street or adjacent nonresidential
activities to overcome specific disadvantages of
topography and orientation. A planting screen
easement of at least 10 feet in width and across
which there shall be no right of access may be
required along the lines of lots or parcels abutting
such a traffic artery or other incompatible use.
(Ord. 90-003 § 1, Exhibit A, 1990; Ord. 81-043 §
1, Exhibit A, § 6.030(3), 1981)
17.36.200. Corner lots.
Within an urban growth boundary, corner lots or
parcels shall be a minimum of five feet more in
width than other lots or parcels, and also shall
have sufficient extra width to meet the additional
side yard requirements of the zoning district in
which they are located.
(Ord. 90-003 § 1, Exhibit A, 1990; Ord. 81-043 §
1, Exhibit A, § 6.030(4), 1981)
17.36.210. Solar access performance.
A. As much solar access as feasible shall be
provided each lot or parcel in every new
subdivision or partition, considering
topography, development pattern and existing
vegetation. The lot lines of lots or parcels, as
far as feasible, shall be oriented to provide
solar access at ground level at the southern
building line two hours before and after the
solar zenith from September 22nd to March
21st. If it is not feasible to provide solar
access to the southern building line, then
solar access, if feasible, shall be provided at
10 feet above ground level at the southern
building line two hours before and after the
solar zenith from September 22nd to March
21st, and three hours before and after the
solar zenith from March 22nd to September
21 st.
B. This solar access shall be protected by solar
height restrictions on burdened properties for
the benefit of lots or parcels receiving the
solar access.
C. If the solar access for any lot or parcel, either
at the southern building line or at 10 feet
above the southern building line, required by
this performance standard is not feasible,
supporting information must be filed with the
application.
(Ord. 90-003 § 1, Exhibit A, 1990; Ord. 83-039 §
7, 1983; Ord. 81-043 § 1, Exhibit A, § 6.030(5),
1981)
17.36.220. Underground facilities.
Within an urban growth boundary, all permanent
utility services to lots or parcels in a subdivision
or partition shall be provided from underground
facilities; provided, however, the Hearings Body
may allow overhead utilities if the surrounding
area is already served by overhead utilities and
the proposed subdivision or partition would
create less than 10 lots. The subdivision or
partition shall be responsible for complying with
requirements of DCC 17.36.220, and shall:
A. Obtain a permit from the depai4ment of
publie--weeks-- Road Department of-for
placement of all underground utilities.
B. Make all necessary arrangements with the
utility companies and other persons or
corporations affected by the installation of
such underground utilities in accordance with
the rules and regulations of the State Public
Utility Commission.
PAGE 5 OF 7 - EXHIBIT "B" TO ORDINANCE 2006-007 (05/10/2006)
EXHIBIT "E"
C. All underground utilities, sanitary sewers and
storm drains installed in streets shall be
constructed prior to the surfacing of such
streets to the extent practicable, and sanitary
sewers shall be placed to such length as will
obviate the necessity for disturbing the street
improvements when service connections are
made.
(Orcl,.._..2U06-007_...§......_5.,._ 2006; .Ord. 90-003 § 1,
Exhibit A, 1990; Ord. 81-043 § 1, Exhibit A, §
6.030(6), 1981)
17.36.230. Grading of building sites.
Grading of building sites shall conform to the
following standards, unless physical conditions
demonstrate the property of other standards:
A. Cut slope ratios shall not exceed one foot
vertically to one and one-half feet
horizontally.
B. Fill slope ratios shall not exceed one foot
vertically to two feet horizontally.
C. The composition of soil for fill and the
characteristics of lots and parcels made
usable by fill shall be suitable for the purpose
intended.
D. When filling or grading is contemplated by
the subdivider, he shall submit plans showing
existing and finished grades for the approval
of the Community Development Director. In
reviewing these plans, the Community
Development Director shall consider the need
for drainage and effect of filling on adjacent
property. Grading shall be finished in such a
manner as not to create steep banks or
unsightly areas to adjacent property.
(Ord. 90-003 § 1, Exhibit A, 1990; Ord. 81-043 §
1, Exhibit A, § 6.040, 1981)
17.36.260. Fire hazards.
Whenever possible, a minimum of two points of
access to the subdivision or partition shall be
provided to provide assured access for emergency
vehicles and ease resident evacuation.
(Ord. 90-003 § 1, Exhibit A, 1990; Ord. 81-043 §
1, Exhibit A, § 6.03 5(2), 1981)
17.36.270. Street tree planting.
Street tree planting plans, if proposed, for a
subdivision or partition, shall be submitted to the
Planning Director and receive his approval before
the planting is begun.
(Ord. 90-003 § 1, Exhibit A, 1990; Ord. 81-043 §
1, Exhibit A, § 6.035(3), 1981)
17.36.280. Water and sewer lines.
Where required by the applicable zoning
ordinance, water and sewer lines shall be
constructed to County and city standards and
specifications. Required water mains and service
lines shall be installed prior to the curbing and
paving of new streets in all new subdivisions or
partitions.
(Ord. 93-012 § 41, 1993; Ord. 90-003 § 1, Exhibit
A, 1990; Ord. 81-043 § 1, Exhibit A, § 6.035(4),
1981)
17.36.290. Individual wells.
In any subdivision or partition where individual
wells are proposed, the applicant shall provide
documentation of the depth and quantity of
potable water available from a minimum of two
wells within one mile of the proposed land
division. Notwithstanding DCC 17.36.300,
individual wells for subdivisions are allowed
when parcels are larger than 10 acres.
(Ord. 93-012 § 42, 1993; Ord. 81-043 § 1, Exhibit
A, § 6.035(5), 1981)
17.36.240. (Repealed by Ord. 93-012, 1993)
17.36.250. Lighting.
Within an urban growth boundary, the subdivider
shall provide underground wiring to the County
standards, and a base for any proposed
ornamental street lights at locations approved by
the affected utility company.
(Ord. 81-043 § 1, Exhibit A, § 6.03 5(l), 1981)
17.36.300. Public water system.
In any subdivision or partition where a public
water system is required or proposed, plans for
the water system shall be submitted and approved
by the appropriate state or federal agency. A
community water system shall be required where
lot or parcel sizes are less then one acre or where
potable water sources are at depths greater than
500 feet, excepting land partitions. Except as
provided for in DCC 17.24.120 and 17.24.130, a
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EXHIBIT "E"
required water system shall be constructed and
operational, with lines extended to the lot line of
each and every lot depicted in the proposed
subdivision or partition plat, prior to final
approval.
(Ord. 93-012 § 43, 1993; Ord. 90-003 § 1, Exhibit
A, 1990; Ord. 81-043 § 1, Exhibit A, § 6.035(6),
1981)
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