Loading...
HomeMy WebLinkAbout90-00390-00683 009 069C1! �wJ BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DES N An Ordinance Amending Title 17, * 1AICROFI M V "Subdivisions," of the Deschutes County Code, and Declaring an JANE 111990 Emergency. ORDINANCE NO. 90-003 THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. ADOPTION. The provisions of Title 17, Subdivi- sions, attached hereto and incorporated herein as Exhibit "A" are hereby enacted and made a part of the Deschutes County Code. Section 2. EMERGENCY. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. DATED this oTtA day of 1990. BOARD OF COUNTY COMMISSIONERS OF nF.SC ES CO , 0 GON LOIS B I TOW PRANTE, Commissioner TT S Recording Secretary DICK MAUDLIN, Commissioner 1 - ORDINANCE NO. 90-003, (A9 - 0691 EXHIBIT "A" Section 17.04.010, "Short Title," is amended to read as follows: "This title shall be known as the County Subdivision and Partition Ordinance, and may be so cited and plead." Section 17.04.020(Bl, "Purpose," is amended to read as follows: "No person may subdivide or partition land within the county except in accordance with Oregon Revised Sta- tutes Chapter 92 and the provisions of this title." Section 17.04.020, "Purpose," is amended by the addition of the following subsection (C): "C. The provisions of this chapter 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." Section 17.04.050, "Corrections," is amended to read as follows: "This title may be corrected by order of the board of county commissioners to cure editorial and clerical errors." Sections 17.08.090, "Alley," and 17.08.460, "Map," are hereby repealed. Section 17.08.300, "Hearing, initial," is amended to read as follows: "Initial hearing' means a quasi-judicial hearing authorized and conducted by the hearings body to deter- mine if a change or land subdivision or partition shall be granted or denied, except those subject to admini- strative review." Section 17.08.310, "Hearings body," is amended to read as follows: "'Hearings body' means the planning director, hearings officer or governing body." 1 - EXHIBIT "A" 113911) - 0692 Section 17.08.400, "Lot line," is amended to read as follows: "'Lot line' means any line bounding a 'lot' or 'parcel' as defined in this chapter. Section 17.08.540, "Partition land," is amended to read as follows: "'Partition land' means to divide an area or tract of land into two or three parcels within a calendar year when such area or tract of land exists as a unit or contiguous units of land under single ownership at the beginning of such year. 'Partition land' does not include divisions of land resulting from the creation of cemetery lots; lien foreclosure; division of land resulting from foreclosures of recorded contracts for the sale of real property and divisions of land made pursuant to a court order, including, but not limited to, court order proceedings involving testate or intes- tate succession. 'Partition land' does not include a lot line adjustment which is the adjustment of a lot line by the relocation of a common boundary where an additional parcel is not created and where the existing parcel reduced in size by the adjustment is not reduced below the minimum lot size established by an applicable zoning ordinance. 'Partition land' does not include sale of a lot in a recorded subdivision, even though the lot may have been acquired prior to the sale with other contiguous lots or property by a single owner. 'Partition land' does not include 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)(q) to (s)." Section 17.08.570, "Plat," is amended to read as follows: "'Plat' means a final map, diagram, drawing, replat or other writing containing all descriptions, specifica- tions, locations, dedications, provisions and informa- tion concerning a subdivision or partition." Section 17.08.590, "Preliminary drawing," is repealed. Section 17.08.640, "Sale or lease," is amended to read as follows: "'Sale' or 'lease' means every disposition or transfer of land in a subdivision or partition or an interest or estate therein by a subdivider or developer or their 2 - EXHIBIT "A" 099 - 0693 agents. 'Sale' or 'lease' includes the offering of land as a prize or gift when a monetary charge or consideration for whatever purpose is required by the subdivider, developer or their agents." Section 17.08.690, "Subdivider," is amended to read as follows: "'Subdivider' means any person who causes land to be divided into a subdivision or partition for himself or for others or who undertakes to develop a subdivision or partition, but does not include a public agency or officer authorized by law to make subdivisions or partitions." Section 17.08.710, "Tentative plan," is amended to read as follows: "'Tentative plan' means a map setting forth the pro- posed plan of a subdivision or partition in conformance with the provisions of this title and subject to review and modification." Section 17.08.750, "Zero lot line," is renumbered to 17.08.760, and amended to read as follows: "'Zero lot line' means the location of a building or a lot or parcel in such a manner that one or more of the building's sides coincides with a lot line." Section 17.08.750, "Within the county," is added to read as follows: "'Within the county' refers to subdivisions or parti- tions subject to Deschutes County land use regulatory authority." Section 17.12.010, "Minimum standards," is amended to read as follows: "All proposed subdivisions and partitions within the county shall be approved by the county under this title. In addition, no such proposed subdivision or partition shall be approved unless it complies with the comprehensive plan for the county, the applicable zoning ordinance and Oregon Revised Statutes Chapter 92." Section 17.12.020, "Compliance with state regulations," is amended to read as follows: 3 - EXHIBIT "A" riga .0694 "Prior to the sale of any lot within a subdivision or any parcel within a partition, a final plat shall be approved and recorded, and the subdivider shall file a notice of intent with the Oregon State Real Estate Division." Section 17.12.040, "Delegation of authority," is amended to read as follows: "Pursuant to Oregon Revised Statutes Sections 92.044(2) and 92.046(3), the board of commissioners delegates to the planning director and hearings officer the power to take final action on a proposed subdivision or parti- tion, subject to appeal as provided for under this title and the Deschutes County Development Procedures Ordinance." Section 17.12.050, "Subdivision committee -- Established -- Duties and responsibilities," is repealed and replaced with the following provisions: "17.12.050 Planning Director - Duties and responsi- bilities. "A. The planning director shall review all applica- tions for subdivisions and partitions and shall, con- sistent with the Deschutes County Development Proce- dures Ordinance, either act upon the application before him administratively or refer the application to a hearings officer. "B. Before making an administrative decision on a subdivision or partition application, the planning director shall solicit comments on the proposal from the director of public works, the county sanitarian, (or their designees) and representatives of any other appropriate county, state or federal agency. "C. Before referring to the hearings officer an appli- cation on a subdivision or partition application, the planning director shall submit the application to the director of public works, the county sanitarian, (or their designees) and any other county agency he deems appropriate for their comments." Section 17.12.060, "Subdivision procedures -- types," is repealed and is replaced by the following provision: "Section 17.12.060 Final decision. "The time for taking final action upon an application for approval of a subdivision or partition shall e as 4 - EXHIBIT "A" oU- 9 .0 0695 provided for in the Deschutes County Development Proce- dures Ordinance." A new Section 17.12.070, "Preapplication Meeting," is added as follows: "Section 17.12.070 Preapplication meeting. "Prior to submitting an application for a subdivision or partition, each applicant is encouraged to meet with the planning director or a designated staff member to review the proposal. The intent of this meeting is to advise the applicant of the requirements and standards of this title and any applicable zoning standards." A new Section 17.12.080, "Statement of water rights," is added as follows: "17.12.080 Statement of water rights. "All applicants for a subdivision or a partition shall be informed by the Planning Director or his designee of the requirement to file a statement of water rights with the Oregon Department of Water Resources." Section 17.12.070, "Recording -- Application," is renumbered 17.12.090, and is amended to read as follows: "Before a plat of any subdivision or partition may be made and recorded, the person proposing the subdivision or the partition, or his authorized agent or represen- tative, shall make an application in writing to the county planning department for approval of the proposed subdivision or partition in accordance with the requirements and procedures established by this title." Section 17.12.080, "Sale prohibited before final approval," is renumbered 17.12.100 and is amended to read as follows: "No person shall sell any lot or parcel created by a subdivision or partition until final approval of the land division has been granted by the county. Final approval occurs when the plat of the subdivision or partition is recorded with the county clerk." Section 17.12.090, "Civil relief," is renumbered 17.12.110. Section 17.12.100, "Violation -- Nuisance," is renumbered 17.12.120. 5 - EXHIBIT "A" 099 - 0696 Section 17.12.110, "Violation -- Infraction," is renumbered 17.12.130. Chapter 17.16, "Tentative Plan and Master Development Plan," is renamed "Approval of Subdivision Tentative Plans and Master Development Plans." Section 17.16.010 is deleted. Section 17.16.020 is amended by the deletion of subsections B and C. Section 17.16.020, "Application -- Submission," is renum- bered 17.16.010. Section 17.16.030, "Scale of tentative plan," is renumbered 17.16.020. Section 17.16.040, "Informational requirements," is renum- bered 17.16.030 and is amended to delete subsection C. 11., and subsequent subsections are renumbered accordingly. A new Section 17.16.040, "Protective Covenants and Homeowner Association agreements", is added as follows: "17.16.040 Protective Covenants and Homeowner ABsocia- tion Agreements. Landowner covenants, conditions, and restrictions and Homeowner Association agreements are not relevant to approval of subdivisions and partitions under this title and shall not be submitted for review as part of the approval process. Any provisions in such agree- ments not in conformance with the provisions of this title or applicable zoning ordinances are void." Section 17.16.060, "Master development plan - Approval", is amended to replace the words "hearings officer" with the words "hearings body". Section 17.16.090, "Approval of tentative plan -- Type I subdivision," is repealed and is replaced by the following provi- sion: "17.16.090 Tentative plan approval. "A. The hearings body shall review the application and any comments submitted by other appropriate county, state, or federal agencies and shall render a decision in accordance with section 17.16.100 of this title, setting forth findings supporting its decision. 6 - EXHIBIT "A" 099 - 0697 "B. Approval of the tentative plan shall not con- stitute final acceptance of the plat of the proposed subdivision for purposes of recording; however, approval of such tentative plan shall be binding upon the county for the purposes of preparation and review of the final plat. Upon review of the final plat, the county may require compliance with the terms of its tentative plan approval of the proposed subdivision and the terms of this title." Section 17.16.100, "Approval of tentative plan -- Type II subdivision," is repealed. Section 17.16.110, "Required findings for approval," is renumbered 17.16.100, and is amended to read as follows: "The hearings body shall not approve a tentative plan for a proposed subdivision unless the hearings body finds, in addition to other requirements and standards set forth in this title, that the subdivision as pro- posed or modified will satisfy the intent and require- ments of this title and Titles 18 through 21 of this code and be in compliance with the comprehensive plan. Such findings shall include, but not be limited to, the following: "A. The subdivision contributes to orderly development and land use patterns in the area, and provides for the preservation of natural features and resources such as streams, lakes, natural vegetation, special terrain features, agricultural and forest lands and other natural resources. "B. The subdivision will not create excessive demand on public facilities and services required to serve the development. "C. The tentative plan for the proposed subdivision meets the requirements of Oregon Revised Statutes Section 92.090." Section 17.16.120, "Resubmission of denied tentative plan," is renumbered 17.16.110. Section 17.20.010, "Requirements," is amended to read as follows: "In addition to the general provisions for subdivision and partitioning set forth in this title, any applica- tion for a zero lot line subdivision or partition shall meet the following requirements: 7 - EXHIBIT "A" 099 - 0698 "A. The tentative plan shall indicate all lot divi- sions, including those along the common wall of duplex units. "B. Independent utility service shall be provided to each unit, including, but not limited to, water, elec- tricity and natural gas, unless common utilities are approved by the affected utility agency and are ade- quately covered by easements. "C. Prior to the granting of final approval for crea- tion of a zero lot line subdivision or partition, the planning director shall require the applicant(s) to enter into a written agreement in a form approved by the county legal counsel that establishes the rights, responsibilities and liabilities of the parties with respect to maintenance and use of any common areas of the unit, such as, but not limited to, common walls, roofing, water pipes and electrical wiring. Such agreement shall be in a form suitable for recording, and shall be binding upon the heirs, executors, admini- strators and assigns of the parties. "D. Each zero lot line subdivision or partition pro- posal shall receive site plan approval prior to submis- sion of the final plat. Site plan approval shall be granted only upon a finding that the design, materials and colors proposed for each dwelling are harmonious and do not detract from the general appearance of the neighborhood." A new Section 17.24.010, "Applicability," is added to Chapter 17.24 as follows: "17.24.010 Applicability. "A. This chapter shall apply to approval of plats for subdivisions and major and minor partitions within the county. A final plat is required for all subdivisions and partitions approved by the county. "B. With respect to partitions and subdivisions located within the boundaries of a city that has by resolution or ordinance directed that the city surveyor serve in lieu of the county surveyor, sections 17.24.040, 17.24.140, 17.24.150 and 17.24.160 shall apply. "C. With respect to partitions and subdivisions located within the boundaries of a city that has not by resolution or ordinance directed its surveyor to serve in lieu of the county surveyor, sections 17.24.040, 8 - EXHIBIT "A" oqq .6 069q 17.24.070(A), 17.24.140, 17.24.150 and 17.24.160 shall apply." Section 17.24.010, "Submission -- Extension," is renumbered 17.24.020, and amended to read as follows: "A. Filing Time Period Requirements. Except as pro- vided for in Section 17.24.030 of this chapter, the applicant shall prepare and submit to the planning department a final plat that is in conformance with the tentative plan as approved. Within one year of the approval date for the tentative plan for a subdivision or partition, the applicant shall submit an original drawing, a filing fee and any supplementary information required by this title and the hearings body. If the applicant fails to proceed with such a submission before the expiration of the one-year period following the approval of the tentative plan, the plan approval shall be void. The applicant may, however, submit a new tentative plan together with the appropriate filing fee. "B. Extension. 1. If it appears the applicant will not be able to comply with the filing time requirements of this title, he may submit a written application to the planning director or his designee requesting an extension of the filing time requirement. The application shall be filed no earlier than sixty days and no later than ten days prior to the date the one-year period expires. It shall also be accompanied by the appropriate fee. 2. An extension may only be granted in conformance with the applicable provisions of the Deschutes County Development Procedures Ordinance." Section 17.24.020, "Submission for phased development," is renumbered 17.24.030. Section 17.24.030, "Form, amended to read as follows: "17.24.040 Form. is renumbered 17.24.040 and is "The final plat shall be submitted in the form prescribed by state statute and this title. 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 eighteen inch by twenty-four inch sheet, with an additional three-inch binding edge on the left side. The plat shall be made upon drafting 9 - EXHIBIT "A" O') - 0 700 material of at least 4 mil thickness that is suitable for binding and copying and have such other character- istics of strength and permanency as may be required by the county surveyor. The plat shall be of such a scale as established by the county surveyor, and the letter- ing of the approvals, dedications, the affidavit of the surveyor, 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 neces- sary, but an index page shall be included for plats of three or more sheets." Section 17.24.040, "Requirements of survey and plat of subdivision," is renumbered 17.24.050, and is amended to read as follows: "17.24.050 Requirements of survey and plat. "A. Any final subdivision or partition plat shall meet the survey and monumentation requirements of Oregon Revised Statutes Chapter 92. "B. Parcels of 10 acres or more created by partition are subject to all survey and monument requirements. "C. In accordance with the provisions of Oregon Revised Statute section 92.050(10), the surveyor may waive the requirements set forth in Oregon Revised Statutes section 92.050(9)." Section 17.24.050, "Required information," is renumbered 17.24.060, and is amended to read as follows: "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 or partition and plat number. "B. Name of owner, applicant and surveyor. "C. The date, scale, north point, 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 ease- ments intercepting the boundary of the tract. 10 - EXHIBIT "A" 099 " 0701 "F. Tract, block and 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 center- line. 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 record- ing 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. "I. 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. Solar Height Restriction. The solar height restriction shall be shown on the plat for each lot or parcel burdened by the solar access of another lot or parcel. This provisions shall be waivable for parcels of ten (10) acres or more if, in the opinion of the planning director, adjoining lots or parcels would not be benefitted by such a requirement. "K. Lot or Parcel Numbers. Lot or parcel numbers beginning with the number one and numbered consecu- tively in each block. "L. Block Numbers. Block numbers beginning with the number one and continuing consecutively without omission or duplication throughout the subdivision or partition. The numbers shall be placed so as not to obliterate any figure. Block numbers in an addition to a subdivision or partition of the same name shall be a continuation of the numbering in the original subdivi- sion or partition. 11 - EXHIBIT "A" 091) " 0702 "M. Public Lands. Public lands, including strips and easements, shall be clearly marked to distinguish them from lots or parcels intended for sale. "N. Access Restrictions. Limitations on rights of access to and from streets, lots or parcels and other tracts of land. "O. Area. The area of each lot or parcel, if larger than one acre, to the nearest hundredth of an acre; and the area of each lot or parcel less than one acre, to the nearest square foot. "P. Dedications. Dedications of all common improve- ments, including, but not limited to, streets, roads, parks, sewage disposal and water supply systems, where dedication of such improvements is required as a condi- tion of approval of the tentative plan. "Q. Statement of Water Rights. If lots or parcels have appurtenant water rights, the amount of water to be allocated to each lot or parcel shall be indicated on each lot or parcel. "R. Affidavits. The following affidavits are required: 1. An acknowledged affidavit signed by all parties having any ownership interest of record in the land, consenting to the preparation and recording of the plat. This affidavit and the affidavit required by subsection (R)(2) below may be made on a separate document if, due to the number and location of parties, making such affidavits on the plat would not be practi- cal. 2. An affidavit signed and acknowledged by all parties having any interest of record in the land dedicating all land intended for public use, except land intended for the exclusive use of the owners of the lots or parcels in the subdivision or partition, their licen- sees, visitors, tenants and servants. 3. An acknowledged affidavit regarding preparation of the plat in conformance with the provisions of state law signed by the surveyor responsible for the survey and final plat and stamped with his seal. 4. Any other affidavit required by state regulations. 12 - EXHIBIT "A" 099 " 0 103 "S. Signature Lines. Unless otherwise stated herein, signature lines for the following officials signifying their approval: 1. County surveyor. 2. Director of public works. 3. County sanitarian. 4. County Assessor (subdivisions only). 5. County tax collector (subdivisions only). 6. Authorized agent for any irrigation district servicing the subdivision or partition. 7. Planning director. 8. County Commissioners. 9. Any other signature required by state regulation. "T. The plat shall contain a statement located directly underneath the signatures of the county com- missioners stating as follows: 'Signature by the Board of Commissioners constitutes acceptance by the County of any right-of-way dedicated herein to the County.' "U. 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 boundaries." Section 17.24.060, "Supplemental information," is renumbered 17.24.070, and is amended to read as follows: "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 marketab- le title. "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; 13 - EXHIBIT "A" 099 -% 0704 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 divid- ed. "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 Section 17.40.010 of this title; 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 utili- ties; 5. Grading plans and specifications as required for areas other than streets and 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 reduc- tion." A new Section 17.24.090, "Approval by irrigation districts," is added to read as follows: "17.24.090 Approval by irrigation districts. "A. All plats or replats of subdivisions or partitions located within the boundaries of an irrigation dis- trict, drainage district, water control district, district improvement company or similar service dis- trict, shall be submitted to the board of directors of the district or company for its approval of such plat or replat of any subdivision or partition. 14 - EXHIBIT "A" 099 - 0705 "B. If the applicant is unable to obtain action or approval of any such district or company within forty- five (45) days of submission to such district or com- pany, the applicant shall notify the board in writing, and thereafter the board shall serve notice on such district or company by certified mail advising the district or company that any objections to the plat or replat must be filed with the board within 20 days. Failure of the district or company to so respond shall be considered to be an approval of such plat or replat." Section 17.24.070, "Technical review," is renumbered 17.24.100, and is amended to read as follows: "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 Chapter 92 of the Oregon Revised Statutes. 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 monu- ments 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 section 17.24.130 of this title. 4. Any plat prepared by the county surveyor in his private capacity shall be approved by the county sur- veyor of another county in accordance with Oregon Revised Statutes sections 92.100(4). "B. Ordinance check. 1. Upon payment by the applicant of any fees required by the county, the planning director (or his designees) and such other county departments as he shall deem appropriate shall review the plat and other data sub- mitted with it to determine whether or not the subdivi- sion or partition as shown is substantially the same as it appeared on the approved tentative plan and for com- pliance with provisions of this title and other appli- cable laws. 15 - EXHIBIT "A" 099 -0706 2. Review and approval under this subsection shall occur in accordance with section 17.24.110 of this chapter. "C. Field Check. The director of public works, 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. The director of public works, planning director and county surveyor, or their designated representatives, may enter the property for this purpose." Section 17.24.080, "Conditions of approval," is renumbered 17.24.110, and is amended to read as follows: "A. The hearings body shall determine whether or not the plat conforms with the approved tentative plan and this title. If the hearings body does not approve the plat, it shall advise the applicant of the changes or additions that must be made, and shall afford him an opportunity to make corrections. If the hearings body determines that the plat conforms to all requirements and if, in the case of partitions, it determines that all current taxes and assessments are paid, it shall recommend approval, provided supplemental documents and provisions for required improvements are satisfactory. Recommendation of approval of the plat does not con- stitute or effect an acceptance by the public of the dedication of any street or other easement shown on the plat, nor does such approval constitute final approval, such authority for final approval being vested with the governing body. "B. No plat of a proposed subdivision or partition shall be approved unless: 1. Streets and roads for public use are to be dedi- cated without any reservation or restriction; 2. Streets and roads held for private use and indi- cated on the tentative plan have been approved by the county; 3. The plat contains provisions for dedication to the public of all common improvements, including, but not limited to, streets, roads, parks, sewage disposal and water supply systems, if made a condition of the appro- val of the tentative plan; 16 - EXHIBIT "A" 099 * 0707 4. Explanations of all common improvements required as conditions of approval of the tentative plan shall be recorded and referenced on the final plat; 5. If the subdivision or partition adjoins an SM zone, the existence and location of such zone shall be entered on the deeds for all lots or parcels created by the subdivision or partition." Section 17.24.090, "Improvement agreement," is renumbered 17.24.120 and is amended to read as follows: "A. The subdivider may, in lieu of completion of the required repairs to existing streets and facilities, and improvements as specified in the tentative plan, request the county to approve an agreement between himself and the county specifying the schedule by which the required improvements and repairs shall be com- pleted; provided, however, any schedule of improvements and repairs agreed to shall not exceed one year from the date the final plat is recorded. The agreement shall also provide the following: 1. A list of all the contractors who will construct or complete the improvements and repairs; 2. The cost of the improvements and repairs; 3. That the county may call upon the security for the construction or completion of the improvements and repairs, upon failure of the subdivider to adhere to the schedule for improvements and repairs; 4. That the county shall recover the full cost and expense of any work performed by or on behalf of the county to complete construction of the improvements and repairs, including, but not limited to, attorneys and engineering fees; 5. That a one-year warranty bond shall be deposited with the county following acceptance of the improve- ments and repairs. The bond shall be in the amount of ten (10) percent of the value of the improvements. "B. No building permit shall be issued for any lot or parcel of a platted subdivision or partition until the improvements are completed and accepted by the county, unless this provision is waived by the hearings body because of the character of the subdivision or parti- tion. 17 - EXHIBIT "A" 099 - 0700 "C. The county may reject an agreement authorized by this section for any sufficient reason. "D. The applicant shall file with any agreement speci- fied in this section a bond or other form of security provided for in Section 17.24.130 of this chapter." Section 17.24.100, "Bond or cash deposit," is renamed "Security," and renumbered 17.24.130, is amended to read as follows: "A. Where a bond is required by any provision of this chapter, an applicant may submit: 1. A surety bond executed by a surety company autho- rized to transact business in the state in a form approved by the county legal counsel; 2. Cash deposit with the county; or 3. An unconditional, irrevocable standby letter of credit. "B. Such assurance of full and faithful performance shall be for one hundred twenty percent of the cost of performing the work as determined by the county. "C. If the subdivider fails to carry out the provisions of any agreement secured by any security provided for in subsection (A) of this section, the county shall call upon the bond or cash deposit to finance any cost and expenses resulting from such failure. If the amount called upon and realized by the county from the cash deposit or bond exceeds the cost and expense incurred in completing the improvements and repairs, the county shall release the remainder. If the amount called upon and realized by the county from the cash deposit and bond is less than the cost and expense incurred by the county in completing the improvements and repairs, the subdivider shall be liable to the county for the difference." Section 17.24.110, "Approval," is renumbered 17.24.140, and is amended to read as follows: "After the final plat has been checked and approved as provided for in this chapter, and when all signatures appear thereon except those of the planning director and board of county commissioners, the planning direc- tor shall approve the final plat and submit it to the board of county commissioners for final approval." 18 - EXHIBIT "A" 099 - 0709 Section 17.24.120, "Recording," is renumbered 17.24.150 and is amended to read as follows: "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 record- ing. The surveyor who made the plat shall make an affidavit to indicate that the copy or tracing is an exact copy of the plat. Prior to submission to the clerk of a plat of a county -approved subdivision or partition, the applicant shall provide the required number of blue line copies of the plat, as determined by the planning director, to the county planning director. "C. No plat may be recorded unless all city or county approvals required under Chapter 92 of the Oregon Revised Statutes 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 calendar 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 acknowledgement of receipt by the Oregon Department of Water Resources of applicant's statement of water rights. This provision shall not apply if the parti- tion or subdivision plat displays the approval of any special district referred to in section 17.24.090 of this chapter. "F. No plat shall be recorded unless it complies with the provisions of section 17.24.040 of this chapter 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 19 - EXHIBIT "A" o9 ► fl71O 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." A new Section 17.24.160, "Approval and recordation of sub- division interior monuments," is added to read as follows: 1117.24.160 Approval and recordation of subdivision interior monuments. "A. Approval. Within five (5) days of completion of the setting of interior monuments as allowed by the county surveyor under section 17.24.100 of this chap- ter, the surveyor performing the work shall notify the city or county surveyor, as the case may be, of the completion of the work. At that time the surveyor performing the work shall submit to the city or county surveyor such documentation as the city or county surveyor shall require demonstrating that the work has been completed in accordance with the surveyor's affi- davit recorded on the plat and Chapter 92 of the Oregon Revised Statutes, including an affidavit in conformance to the requirements of section 92.070(3)(b) of the Oregon Revised Statutes. "B. Recordation of Affidavit. Upon approval by the county or city surveyor, as the case may be, the monumentation affidavit shall be recorded in the office of the county clerk. "C. Reference of Monumentation. The county surveyor shall, in all cases, note the monuments set and the recorder's information on the original subdivision plat and any true and exact copies filed in accordance with section 17.24.150 of this chapter. "D. Reference of County Surveyor's Approval. In all cases, the county surveyor shall reference his approval on the original subdivision plat previously recorded." Section 17.24.130, "Errors," is renumbered 17.24.170, and is amended to read as follows: "17.24.170 Correction of errors. "A. A plat may be amended to correct errors specified in section 92.170(1) of the Oregon Revised Statutes. "B. Amendment of a plat pursuant to this section shall be made by an affidavit of correction prepared in 20 - EXHIBIT "A" 099 M accordance with section 92.170(3) of the Oregon Revised Statutes. "C. The affidavit shall be submitted to the city or county surveyor, as the case may be, who shall certify that the affidavit has been examined and that the changes shown on the affidavit are permitted under section 92.170(1) of the Oregon Revised Statutes. After approval by the surveyor, the affidavit shall be recorded with the clerk upon payment of such recording and surveyor's fees as set by the Board of Commissioners. "D. The county surveyor shall, in all cases, note the correction and the recording reference from the affidavit upon the original plat and upon the true and exact copies filed pursuant to section 17.24.150 of this chapter." 071. The title to Chapter 17.28, "Land Partitioning," is amended to read "Approval of Tentative Plans for Partitions." Section 17.28.010, "Applicability," is repealed. Section 17.28.020, "Filing procedures and requirements," is renumbered 17.28.010 and is amended to replace the words "prelim- inary drawing" with the words "tentative plan". Section 17.28.030, "Requirements for approval," is renum- bered 17.28.020, and is amended to read as follows: "A. No application for partition shall be approved unless the following requirements are met: 1. Proposal is in compliance with Oregon Revised Statutes Chapter 92, the comprehensive plan and applicable zoning; 2. Proposal does not conflict with existing public access easements within or adjacent to the partition; 3. Each parcel is suited for the use intended or offered; 4. All required public services and facilities are available and adequate or are proposed to be provided by the petitioner; 5. An approved water rights division plan, if appli- cable; 21 - EXHIBIT "A" 099 - 0712 6. Partitions adjoining SM zones shall be approved on the condition that deeds for parcels created by the partition will contain a statement noting the existence and location of such zones in relation to the subject parcel. "B. The hearings body shall deny an application for partitioning when it appears the partitioning is part of a plan or scheme to create more than three parcels without going through subdivision, or is part of a development pattern having the effect of creating more than three parcels without subdividing." "C. Protective covenants and homeowner's association agree- ments are irrelevant to any partition approval and will not be reviewed by the county. Any provision in such agreements not in conformance with the provisions of this title or applicable zoning ordinance are void." Section 17.28.040, "Improvement requirements," is renumbered 17.28.030 and is amended to read as follows: "In the approval of a land partition, the county shall consider the need for street and other improvements, and may require as a condition of approval any improvements that may be required for a subdivision under the provisions of this title. All roads in major partitions shall be dedicated to the public without reservation or restriction." Section 17.28.050, "Application review," is renumbered 17.28.040, and is amended to read as follows: "Following submission of an application for a land partitioning, the hearings body shall review the plan and application and any comments received thereon, and shall either approve or deny the application." Sections 17.28.060, "Appeal;" 17.28.070, "Final map -- Filing;" 17.28.080, "Final map -- Extensions;" and 17.28.090, "Final map -- Requirements," are repealed. For the purposes of Chapter 17.36, "Design Standards," wherever the word "subdivision" appears, it is amended to read "subdivision or partition." For the purposes of Chapter 17.36, "Design Standards," wherever the word "lot(s)" appears, it is amended to read "lot(s) or parcel(s)." 22 - EXHIBIT "A" For the purposes of Chapter 17.36, "Design Standards," wherever the words "subdivision committee" appear, it is amended to read "hearings body." For the purposes of Section 17.36.110, "Streets adjacent to railroads, freeways and parkways," the word "subdivided" is amended to read "divided." Section 17.40.020, "Plan review and approval," is amended to read as follows: "Improvement work shall not be started until plans therefor have been reviewed and approved by the hearings body. To the extent necessary for evaluation of a proposed development, such improvement plans may be required before approval of the tentative plan." Section 17.44.010(Al, "Development within an urban growth boundary," is amended to read as follows: "A. A subdivision shall set aside and dedicate to the public for park and recreation purposes not less than five percent of the gross area of such development within the Redmond urban growth boundary, or not less than eight percent of the gross area of such develop- ment within the Bend urban growth boundary, if the land is suitable and adaptable for such purposes and is generally located in an area planned for parks." Section 17.48.130, "Road names," is amended to read as follows: "All roads shall be named in conformance with the provisions of the Deschutes County uniform road naming system set forth in Deschutes County Code Title 16." 23 - EXHIBIT "A"