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2008-995-Ordinance No. 2008-030 Recorded 12/17/2008REVIEWED L GAL COUNSEL DESCHUTES COUNTY OFFICIAL RECORDS r} 20080995- NANCY BLANKENSHIP, COUNTY CLERK y~J COMMISSIONERS' JOURNAL , 1111111111111111111111111111111111111 8-995 12/17/2008 11, G , 42 AM BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Title 17, of the Deschutes County Code to Incorporate the 2007 Legislative * ORDINANCE NO. 2008-030 Text of ORS 92.176 and ORS 92.177. WHEREAS, Paul David Yager requested a text amendment to Title 17 in order incorporate the 2007 Legislative Text of ORS 92.176 and ORS 92.177, and WHEREAS the Planning Commission considered this matter after a public hearing on October 9, 2008, and forwarded a recommendation to the Board to approve the proposed text amendments to Title 17 as modified by the Planning Commission; and WHEREAS, notice of public hearing before the Board of County Commissioners ("Board") was published in the Bend Bulletin on November 2, 2008; and WHEREAS the Board considered this matter after a public hearing was held on November 24, 2008 and concluded that Title 17 should be amended to adopt the 2007 Edition of ORS 92.176 and 92.177 and other minor text changes in Title 17; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 17.04, General Provisions, are 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 str-ikethr-eugk. Section 2. AMENDMENT. DCC 17.08, Definitions, 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 stfikethfough. Section 3. AMENDMENT. DCC 17.16, Approval of Subdivision Tentative Plan and Master Development Plans, 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 str-ike gk. Section 4. AMENDMENT. DCC 17.22, Approval of Tentative Plans F-eFfor Partitions, 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 st-r-ikethr-ough. PAGE 1 OF 2 - ORDINANCE NO. 2008-030 (124-/-2154/08) Section 5. FINDINGS. The Board of Commissioners adopts as 42-5its findings in support of this amendment Exhibit "E", attached and incorporated by reference herein. Dated this /'J of . , 2008 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON D IS R. LUKE, MACIR ATTEST: &n4~ 6'04~~ Recording Secretary TAMMY'RANEY, V(gE CHAIR MICHAEL M. DALY, COMMISSIONER /3t CL of I 't Reading: /S!'day of /3tC'_ - , 2008. Date of 2"d Reading: day of J - , 2008. Record of Adoption Vote Commissioner Yes No Abstained Excused Dennis R. Luke i/ Tammy Baney Michael M. Daly /i' zo~9 Effective date: day of kA C4 , 2668. ATTEST: Recording Secretary PAGE 2 OF 2 - ORDINANCE NO.2008-030 (124-/-2154/08) Chapter 17.04. GENERAL PROVISIONS 17.04.010. Short Title. 17.04.020. Purpose. 17.04.030. Interpretation. 17.04.040. Amendments. 17.04.050. Corrections. 17.04.010. Short Title. DCC Title 17 shall be known as the County Subdivision and Partition Ordinance, and may be so cited and plead. (Ord. 90-003 §1, 1990; Ord. 81-043 1 and 1.005, 1981) 17.04.020. Purpose. A. In accordance with the provisions of ORS 92, 197 and 215, DCC Title 17 sets forth the minimum standards governing the approval of land development, including subdivisions and partitionings, as necessary to carry out the County comprehensive plan and to promote the public health, safety and general welfare. The purpose of these provisions and regulations are to: 1. Encourage well planned subdivision and partition development to the end that good liveable neighborhoods with all needed amenities and community facilities may be created. 2. Encourage development in harmony with the natural environment and within resource carrying capacities. 3. Safeguard the interest of the public, the applicant and the future lot owner. 4. Improve land records and boundary monumentation. 5. Insure equitable processing of subdivision plats and partitioning plans, and accomplish to the greatest extent possible the goals and objectives of the comprehensive plan for the County. 6. To regulate the orientation of streets, lots and parcels; the placement, height and bulk of buildings; and the placement and growth of vegetation within the County to insure access to solar energy by reasonably regulating interests in property within the County, as authorized under ORS 215.044, 105.880 through 105.890 and 92.044 to promote and maximize the conservation of energy by preserving the option to utilize solar energy and to implement the comprehensive plan policies relating to solar energy. 7. To encourage the design of new buildings, structures and developments which use solar energy and protect future options to use solar energy by protecting solar access. 8. To permit the validation of a unit of land not lawfully established pursuant to the provisions of ORS 92.176 and the creation of a parcel by less than all owners of a unit of land pursuant to the provisions of ORS 92.177 B. No person may subdivide or partition land within the County except in accordance with ORS 92 and the provisions of DCC Title 17. C. The provisions of DCC Title 17 shall apply only to subdivisions and partitions within the County, unless otherwise noted. All references to "subdivisions" and "partitions" are made in that context unless otherwise noted. D. DCC Title 17 shall not apply to the lands lying outside the city limits of the city of Bend and within the Bend Urban Growth Boundary, as that term is defined in that certain intergovernmental agreement entered into between the city of Bend and the County dated February 18, 1998. The city of Bend Subdivision Ordinance, No. NS-1349, as adopted by the Board of County Commissioners as DCC Title 17A, and as supplemented by such other supplementing and/or amending ordinances as might from time to time be adopted shall apply to those lands instead. E. Filing Procedures and Requirements. Page 1 of 2 - EXHIBIT "A' TO ORDINANCE 2008-030 Chapter 17.04 1 (11-2008) I . Any person seeking to lawfully establish a unit of land pursuant to the provisions of ORS 92.176 shall apply for approval of a partition as provided by 17.22.010. 2. Deschutes County shall consider and may approve an application for the creation of a parcel pursuant to ORS 92.176, notwithstanding that less than all of the owners of the existing lawfully established unit of land have applied for approval. (Ord. 2008-030 § 1, 2008; Ord. 98-041 § 1, 1998; Ord. 95-065 § 1, 1995; Ord. 90-003 § 1, 1990, Exhibit A; Ord. 83-039 §1, 1983; Ord. 81-043 §1, Exhibit A, §1.010, 1981) 17.04.030. Interpretation. The provisions of DCC Title 17 shall be construed to effect the purposes set forth in DCC 17.04.020. These provisions are declared to be the minimum requirements fulfilling such objectives, and the County may impose additional requirements deemed necessary to promote the health, safety and general welfare, and to carry out the comprehensive plan of the County. Where conditions set forth in DCC 17.04 are less restrictive than comparative conditions imposed by any other provision of DCC Title 17, by provision of any other local ordinance, resolution or regulation, or by provision of state statute or administrative regulation, the more restrictive shall govern. (Ord. 95-065 § 1, 1995; Ord. 81-043 § 1, Exhibit A, § 1.020, 1981) 17.04.040. Amendments. DCC Title 17 may be amended or repealed as provided by law. (Ord. 81-043 § 1, Exhibit A, § 1.020, 1981) 17.04.050. Corrections. DCC Title 17 may be corrected by order of the Board to cure editorial and clerical errors. (Ord. 90-003 § 1, Exhibit A, 1990; Ord. 81-043 § 1, Exhibit A, § 12.080, 1981) Page 2 of 2 - EXHIBIT "A' TO ORDINANCE 2008-030 Chapter 17.04 2 (11-2008) Denotes sections of the County Code not amended. Chapter 17.08. DEFINITIONS AND INTERPRETATION OF LANGUAGE 17.08.010. Construction. 17.08.020. Definitions. 17.08.030. Definitions Generally. "Lawfully Established Unit of Land" means: 1. A lot or parcel created pursuant to ORS 92.0 10 to 92.190, or the provisions of this code; or, 2. Another unit of land created: A. In compliance with all applicable planning, zoning and subdivision or partition ordinances and regulations; or B. By deed or land sales contract if there were no applicable planning zoning or subdivision or partition ordinances or regulations. 3. "Lawfully established unit of land" does not mean a unit of land created solely to establish a separate tax account. "Partition land" means to divide land to create not more than three parcels of land within a calendar year but does not include: A. A division of land resulting from a lien foreclosure, foreclosure of a recorded contract for the sale of real property or the creation of cemetery lots; B. An adjustment of a property line by the relocation of a common boundary where an additional unit of land is not created and where the existing unit of land reduced in size by the adjustment complies with any applicable zoning ordinance; or C. A sale or grant by a person to a public agency or public body for state highway County road city street or other right of way purposes provided that such road or right of way complies with the applicable comprehensive plan and ORS 215.213 (2)(p) to (r) and 215.283 (2)(q) to (s) However, any property divided by the sale or grant of property for state highway County road city street or other right of waX purposes shall continue to be considered a single unit of land until such time as the property is further subdivided or partitioned. (Ord. 2008-030 § 2, 2008; Ord. 97-005 §1, 1997; Ord. 96-003 §10, 1996; Ord. 950065 fl, 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 I of 1 - EXHIBIT "B" TO ORDINANCE 2008-030 Chapter 17.08 1 (11-2008) 17.16.030. Informational Requirements. The following information shall be shown on the tentative plan or provided in accompanying materials. No tentative plan shall be considered complete unless all such information is provided. A. General Information Required. 1. Proposed name of the subdivision; 2. Names, addresses and phone numbers of the owners of record, authorized agents or representatives, engineer or surveyor, and any assumed business names filed or to be filed with the Corporation Commission by the applicant; 3. Date of preparation, true north, scale and gross area of the proposed subdivision; 4. Appropriate identification of the drawing as a tentative plan for a subdivision; 5. Location and tract designation sufficient to define its location and boundaries, and a legal description of the tract boundaries in relation to existing plats and streets; 76. Title report or subdivision guarantee. B. Information Concerning Existing Conditions. 1. Location, names and widths of existing improved and unimproved streets and roads in relation to existing right-of-way, bikeways and access corridors in the proposed subdivision and within 200 feet of the proposed subdivision; 2. Location of any existing features, such as section lines, section corners, special district boundary lines and survey monuments; 3. Location of existing structures, irrigation canals and ditches, pipelines, waterways, railroads and any natural features, such as rock outcroppings, marshes, wooded areas and natural hazards; 4. Location and direction of watercourses, and the location of areas subject to flooding and high water tables; 5. Location, width and use or purpose of any existing easement or right of way for utilities, bikeways and access corridors within and adjacent to the proposed subdivision; 6. Existing sewer lines, water mains, culverts and other underground and overhead utilities within and adjacent to the proposed subdivision, together with pipe sizes, grades and locations; 7. Contour lines related to some established benchmark or other engineering acceptable datum and having minimum intervals of two feet for slopes of less than five percent, 10 feet for slopes of five to 20 percent, and 20 feet for slopes greater than 20 percent; 8. Zoning classification of lands within and adjacent to the proposed subdivision; 9. A map showing the location of any site zoned SM, Surface Mining, under DCC Title 18, within one-half mile of the proposed subdivision or partition boundary; 10. The structures, trees, rock outcroppings or other shade producing objects, if the object will cast shade from or onto the subdivision. C. Information Concerning Proposed Subdivision. 1. Location, names, width, typical improvements, cross-sections, bridges, culverts, approximate grades, curve radii and centerline lengths of all proposed streets, and the relationship to all existing and proposed streets; 2. Location, width and purpose of all proposed easements or rights of way for roads, utilities, bikeways and access corridors, and relationship to all existing easements and rights of way; 3. Location of at least one temporary benchmark within the subdivision boundary; 4. Location, approximate area and dimensions of each lot, and proposed lot numbers; 5. Location, approximate area and dimensions of any lot or area proposed for public use, the use proposed, and plans for improvements or development thereof, Page 1 of 2 - EXHIBIT "CA" TO ORDINANCE 2008-030 Chapter 17.16 (11-2008) 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. 16. Appropriate Traffic Impact Study as specified in 17.16.115. 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. 2008-030 § 3 2008, Ord. 2006-007 §2, 2006; Ord. 2006-004 §1, 2006; 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 "CA" TO ORDINANCE 2008-030 Chapter 17.16 (11-2008) 17.22.010. Filing Procedures and Requirements. A. Any person, or his authorized agent or representative, proposing a land partition, shall prepare and submit a minimum of 10 copies of the tentative plan and one (1) reduced scale copy 8 1/2" x 11" or 11" x 17", hereinafter described, unless more copies are required by the Planning Director, in accordance with the prescribed procedures, and the appropriate filing fee, to the Planning Division. B. The tentative plan shall include the following: 1. A vicinity map locating the proposed partition in relation to parcels zoned SM, Surface Mining, under DCC Title 18, which are within one-half mile of the subject partition, and to adjacent subdivisions, roadways and adjoining land use and ownership patterns. The map must include names of all existing roadways shown therein; 2. A plan of the proposed partitioning showing tract boundaries and dimensions, the area of each tract or parcel, locations of all easements, and the names, rights of way, widths and improvement standards of existing roads in relation to the existing right-of-way. The tentative plan shall also show the location of all existing buildings, canals, ditches, septic tanks and drainfields; it shall also show the location of any topographical feature which could impact the partition, such as canyons, bluffs, rock outcroppings, natural springs and floodplains. In addition, the tentative plan shall show the location width, curve radius and grade of proposed rights of way; 3. If the partition is to be accessed by a U.S. Forest Service or Bureau of Land Management road, the applicant shall submit a written agreement with the appropriate land management agency providing for permanent legal access to the road and any required maintenance; 4. Names and addresses of the landowner, the applicant (if different), a mortgagee if applicable and the engineer or surveyor employed or to be employed to make the necessary surveys; 5. A statement regarding contemplated water supply, telephone and electric service, sewage disposal, fire protection and access, etc. If domestic water is to be provided by an on-site well, the application must include at least two well logs for wells in the area; 6. True north, scale and date of map and property identification by tax lot, section, township and range; 7. Statement regarding present and intended use of the parcels to be created, or the use for which the parcels are to be offered; 8. If a tract of land has water rights, the application shall be accompanied by a water rights division plan which can be reviewed by the irrigation district or other water district holding the water rights, or when there is no such district, the County Watermaster; 9. Title report or subdivision guarantee. C. Information for parcels located within a Surface Mining Impact Area (SMIA) zones. For each parcel wholly or partially within a SMIA zone under DCC Title 18, 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, with respect to allowed noise or dust sensitive uses. D. An application for approval to validate a unit of land that was created by a sale that did not comply with the applicable criteria for creation of a unit of land may be approved as provided in this ordinance if the unit of land: 1. Is not a lawfully established unit of land; and 2. Could have complied with the applicable criteria for the creation of a lawfully established unit of land in effect when the unit of land was sold 3. Notwithstanding subparagraph (2) of this section an application to validate a unit of land may also be approved if the county has previously approved a permit as defined in ORS 215.402, for the construction or placement of a dwelling or other building on the unit of land after the sale 4. If the permit was approved fora dwelling it must be determined that the dwelling qualifies for replacement under the criteria set forth in ORS 215.755 (1) (A) to (E Page 1 of 2 - EXHIBIT "D" TO ORDINANCE 2008-030 Chapter 17.22 1 (11-2008) 5....._..._If_thereis....._an_._existing dwelling...._orother..__building„__on_.._a..._unit o f .._land that...._was_..not ._lawfully established, .._an ._apphcation for a hermit as defined in ORS... 215 402 or- a.... permit under the applicable building code, maybe approved.if; 0)__The dwelling_or other bu lding._was lawfully established rior_to.._January_1,.._2007,.._and (b)_ The... permit.. does not change or intensify. the use_of the._dwelling_or other.. building E..._Notwithstanding subsection (D)_(2)._of this section~an_application_to. validate ._a unit of land may be app roved ._if.._the..._county has previously..._approyed a.peas defined ._RS 2.1.5 402,....._for the construction-or placement_of a dwelling or other building on the unit of land after the sale. 1 If the permit was approved.for a,_dwellmg,..._it must_.be.determined. that the dwelling qualifiesfor replacement._under the criteria set_forth in ORS 215..755f le(a) to (e). 2:...._._An application__for a...permit, as_defined in_ORS.._2.1.5.402,.._or._a...permit.under_the._applicable_state._or local building code for__the continued use.. of a dwelling or other_ building. on a unit of land that was_not._lawfully_established..... under the applicable._building..code,_may.be approved. i£. a:._._ The dwelling or other building._was lawfully estabbshed rior to January 1,._2007,_and b.........._The permit. does._not.change or intensify the use of the dwelling._or other._building., E.._.... The._apphcation_.to validate_ a._unit of land under these_.sections is an_application ._for a_ Dermit as defined in ORS 215.402. - - F: The. application_to _validate .._a._unit ._of_land .._is not subj ect. to the minimum.lot...or..t)arcel sizes established by ORS 2.1.5.780 and Chapter._18 16 of ...Deschutes County Code_ G__Aunit .._of land becomes a lawfully_established.._unit._of._land_only.._upon.._recordation..._of_a.._final_.plat in accordance with Chapter 1.124 of this po.de,... 1.__. The fnal gition plat._shall be recorded within 90 days _of_tentative n_approval....... 2 If._the..._final plat.._is not._recorded within 90 the applicant mustrecommence the.,...process._ in order to validate _a unit_of land ,_that was not a lawfully_established_unit of land H... An_apvlication to._validate_a._unit of land that was unlawfully. created on or. after.January.._1. 2007._shall not be._approved.. 1......._.__Follow ing-validation ._of_the_unit__of _land,._anv._develooment._or imP _ rovement ._of_the_lawfullX established unit of land shall ._complywith ._applicable laws _in_effect when a complete application for._dev_eloment is submitted. -(Ord. 2008_030._..§..._4,...2008.; Ord. 2006-007 §3, 2005; Ord. 93-012 §21, 1993; Ord. 90-003 §1, Exhibit A, 1990; Ord. 81-043 §1, Exhibit A, §5.015, 1981) Page 2 of 2 - EXHIBIT "D" TO ORDINANCE 2008-030 Chapter 17.22 2 (11-2008)