HomeMy WebLinkAboutPL2I* TABLE OF CONTENTS
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ARTICLE l PURPOSES, ADMINISTRATION, GENERAL PROVISIONS
AND DEFINITIONS
^~`^`~~`~~~~^~^~~^^^^~~~'^~^^^^~~~^~~~^~~~~~^~~ 1
Section 101 Adoption ,...^^.
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lSectioO 102 pVrp0Se3 and Objectives ~ 1
Section 103 ShO� Ttle .''-.~^~�~^^^~`~~^^^^^^^^^SectfOD 104 An�l�
Qn-tryr �O��l Regulation .....^....,^^^^~^^ 2
Section 105 Advisory K0/e of the COUOtv Planning CO00iSsiOA ~^~~^^~^~~~^~~~ 2
Section 106 Relationship to Comprehensive General Plan ^^^`~~^~^^^~`~~~~~~^ 2
Section 107 Relationship to Official
"=p
Section 108 Relationship to ZODiDq O"'"a```^^^^^^`^^^^^`^^^^^^^^^^^^^^^^^^ 2
Section 109 Construction and D8ffDit�'""s "vc ^`^~~^^^^^^^`^^`^^^^^^^^^^^^^^ 2
``^^~^^`^`^^^`^^^^`^^~^^`^^^^^^^^. 3
ARTICLE
2
PHYSICAL IMPROVEMENT REQUIREMENTS
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_` .,............. ^^`^^^^^^^^^^^
7
`~ Section
201
RiVh�S-Of-Hay dO� Street 70�rOV�0gMts ^`^^^^^`^^^^^^~^^^^^^~~^^
_ Section
�O�
�l.�
|8y�
�
! / Section
203
...~.~~........~
Drainage Works
7
L^
204
..
Sewage Ois'--dl
��ectiUD
Section
205
'qater Supply and Fire Suppression
7
Section
206
Other Im^^^^~^~~~^~^^^~~~~~`~^^~~`^~`
p
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Section
207
YiOi0V0 Rights-0f-�and Street Improvements
T0�rOV80gDtS
9
. ~^^~^^~~^^^^^^^^
Standards for Urban Subdivisions ^~^^^~~^^^^^`~^^^^^^^~^~~~^
10
l}StdMddrdS
for Suburban Suuv/v/s/OOs .^^^^^^^^^`^~^^^^^~~^^~~
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Standards for Rural Recreation Rural
ARTICLE 3 SUBDIVISION DESIGN REQUIREMENTS "",En/S ..,,,,,,,,,,,,,,,,,,,,,,,,,,,,~ 14
Section 301 Streets .,,..^..~
Section 302 Lots -.....,...~ ^``~^`^^^^^^^^^^^^^^^^^^^^^^^^^^`^^~ 14
Section 303 Blocks ,^^^^^^^`^^^^^^^^`^^^^^^^`^`^^^^^^` l6
Section 304 Easements ,,^^^^^^^^^^^^^^^^^^^^^^^^^^^^. l7
Section 305 Flood Hazards
17
Section 306 pldDD2d Unit Developments ^`^^^^^^^^^^^^^~^^^^^~^^^^^^~^^^^^ ^17
Section 307 Allocation OfSpace for Private and Public ^`^ 77
Facilities and Recreation
^~^~^.~.^~~^^^~~~~~^^~^~~~~^^~^~^~~~^ 18
Section 308 Partial Recording Based
on Preliminary Plat ....~~.~....~.~.... 18 -
ARTICLE 4 SUBDIVISION COMMITTEE
Section 401 Establishment Of Committee
Section 402 Duties Of Committee ^'�^^`^^^^^^^^^^^^^^^^~^^^~``^^^^~^^ 19
Section 403 Subdivision [oDfSpeD^^^^``^^^^^^^^^^^^^^^^^^^^^~^~^^^^^^^^^^^^^ l�
.. ...`..`................................. 19
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ARTICLE 5 PRELIMINARY PLAT .......,..................................... 19
Section 504 Statements to Accompany Preliminary Plat ..................... 21
Section 505 Subdivision Review and Planning Commission Action ............ 22
Section 506 Termination of Preliminary Map Approval ...................... 23
ARTICLE 6 FINAL PLAT ......,,,.~~.,,,~...~~,,,~.,,.,.,...~.,,,~,.~~,,,,. 23
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Section601 Requirements ............~~,....,~.,~.~.~~....,.,..,~.....,,,. 23
Section 602 Fees ........,,,,,,,,,,,,,,,,,,,, 24
Section 603 Form Of Final Plat ..,........,...........................,... 24
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Section 604 Information on Final Plat ..............,.........,........... 24
Section 605 Survey Requirements ....,.....,...,....^...................... 25
Section 606 Certificates on Final Plat ......,....................,....... 25
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Section 607 Dedications and Public Utility Requirements ..,............... 26
Section 608 Designation and Conveyance of Reserve Strips as iDtS ......... 26
[` Section 609 Improvement Plans ,.............~...~..^^~~^~~^^^~~~^^^^~^~~^^ 26
Section 610 Improvements ............~....~~~. °. 26
i� ~ ~~^^~^^~~~~^~~~^^~~^°~^^^
Section611 .MoOU0entS ..................~~~,.~....~..~~..,.....~°..,,.^.~. 27
Section 612 Evidence of Water Supply .,.......~.........~..~......~~.~.... 27
Section 013 Procedure for Processing Final Plat ...........~....~~...~~.~~ 27
Section614 Improvements Agreement .......... ............... .~............ 28
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. ARTICLE 7 EXCEPTIONS ..........,.,,.,,,,,,,,..~,,,,,,,..~,,^~,~~,,,,,,,, 29
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Section 701 Exceptions Authorized . . . . . . . . . . .. ~ . . ~ . ~ . ~ ~ ~ . . ~ . . . . ~ ~ . . . . . ~ . . . 29
Section 702 Application ... ........... .... ...~....... ~......... ,,,........ 29
Section 703 Referrals ...,...,,,,,,,,,,,,,,,,,~,,~,,,~^~,,,~,,,,,,,~,,,,,. 29
Section 704 Action Of PlOnOfDo Commission ........... ..................... 29
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Section 705 Appeal to County Board of Commissioners ........ .............. 30
' Section 706 Planned Unit Development ..........,,...,.,.^,....,,.,.....,,. 30
ARTICLE 8 PENALTIES, ENFORCEMENT, CONSTITUTIONALITY, ENACTMENT .,....... 32
Section 801 Penalties ...........~.~...~~~..~~~~~~~..~~~~~~~,~,,,~,,~.~,~, 32
Section802 Enforcement .....~....,,,.,,,,.,.,,,,,,,,,,,,,,~~,..,.,~~,~,,, 32
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Section 803 Voidable Conveyances ........~.~.~~~..~..~.~..~.~.,,~,,,,..,., 32
Section 804 [nmnlidOc2 with Oregon Real Estate Requirements .............. 32
S8Ctf0D 805 Constitutionality ,.,,^,,,..,,,,,,,,,,,,,,,~,,,,,,,,,,,,,,,,,, 33
Section806 Amendment, Repeal ,'.......,,,,,,.,^,,,,,,,,,,^,,,,,,,,,,,,,,, 33
Section007 Enactment '......,,,,.,^,,~,:,,,,,,~,^.,,~,,,,,,,,,,,,,,,,,,, 33
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IN "THE B0 A RD OF C—e-N-Y CO'EMISS'10NEPS
2 OF T1111 S'1',' -Ti'. OF OREGON
3 FOR THE CO'U'l—Y OF DESCHUME
4 In the Matter of an Amendment to'),
Deschutes County Subdivision
5 Ordinance Delegating Authority
0 C.
of Governing Body to Review
6 Subdivisions to the Planning
Commission and Providing
C, for
7 Appeal.
A
rimerld-ment to Subdivision
Ordinance No. PL -2
8 Section 1.000 Purpose. The p,,.j-,7ToSC of this ordinance amend -
9 ment is to delegate to the Planning Commission the authority granted
0
10 to the Board of Commissioners to review subdivisions pursuant to
11 Oregon Laws 1973 Chapter 696 Section 9(2), and to provide for
I Y
12 appeal to the Board of Commissioners from an action of the Planning
13 Commission.
14 Section 2.000 Delegation of Authority. The Deschutes County
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15 Planning Commission shall perform the duties and functions of the
C,
16 Board of Commissioners relating to the review and approval of
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17 tentative plans (preliminary plats) and final plats of subdivisions
18 as provided by Oregon Revised Statutes Chapter 92.
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19 Section 3.000 Appeal from Decision or Requirement of the
20 Planning Commission. Any decision or requirment of the Planning
Z.� r
21 Commission may be appealed to the .-onrd of Commissionel -f- , pu suant- to
22 the procedures established by the Deschutes County Uniform Hearing
Z C>
-i.—J-�, - ,
U 0 3 0
9� 23 Procedures; except that such appeal- may be filed within thirty days
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24 after the date of the decision or -requirement from which the appeal
25 is taken.
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26 Section 44.00I) Reof Co -oe2l i 110 Provisions. Sections 105,
1 - Ordinance Amendmte-nt
505(d), 505(e), and '/0S are hereby expressly repealed.
2 Section 5.000 Effective Date. This ordinance aimiendment shall
3 take effect immediately.
4 Section 6.000 Ordinance Revision. The amendatory provisions of
5 this ordinance shall be incorporated into the Deschutes County
6 Subdivision Ordinance in an appropriate form, subject to approval
7 as to form by the District Attorney.
8 DATED at Bend., Oregon -this day of 4& (Aet%Aw 1977.
9 BOARD OF COMMISSIONERS:
10
Chairman
11
12 $10mmissioneT
13 oj._I�a 411e_�
Commissioner
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Page 2 Ordinance Amendment
ORDINANCE NO. PL -2
AN ORDINANCE PRESCRIBING REGULATIONS GOVERNING THE SUBDIVISION OF LAND, FOR
THE PREPARATION, PROCEDURES AND APPROVAL OF SUBDIVISION PLATS AND ItIPROVEMENTS,
AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF, IN THE UNINCORPORATED AREAS
OF DESCHUTES COUNTY, OREGON.
There is hereby adopted, as provided herein, a subdivision ordinance for the
County of Deschutes, State of Oreqon.
SECTION 102 PURPOSES AND OBJECTIVES
The subdivision ordinance is adopted to preserve, protect and promote the public
health, safety, convenience, prosperity and general welfare. More specifically
the subdivision ordinance is adopted in order to achieve the following objectives:
A. To aid in the implementation of the Comprehensive General Plan of the County
of Deschutes, and elements thereof, as adopted by the County Board of
Commissioners.
B. To provide lots of sufficient size and appropriate design for the purposes
for which they are to be used.
C. To provide streets of adequate capacity for the anticipated traffic which
would utilize them and to ensure that they are designed to promote a safe
vehicular and pedestrian traffic circulation system.
D. To accomodate new development in a manner which will preserve and enhance
the County's living environment and create new beauty through skilled
subdivision design.
-E. To provide for water supply, sewaqe disposal, storm drainage and other
utilities and facilities which may be required by conditions of an urban
or rural environment.
To protect and enhance real property values.
G. To coordinate subdivision policies and regulations of the County with those
of cities within the County in order to facilitate transition from county
to municipal jurisdiction that land wbich is developed first in unincorporated
territory and is annexed subsequently to a city; and, to ensure unimpeded
development of such new urban expansion that is logical, desirable and in
accordance with the goals, objectives and policies of the County's Comprehen-
sive General Plan.
SECTION 103 SHORT TITLE
10 This ordinance shall be known as the "Subdivision Ordinance".
SECTION 104 APPLICATION - AUTHORITY FOR LOCAL REGULATION
Pursuant to the provisions of Chapter 92 of the Revised Oreoon Statutes,
referred to herein as the Plats and Subdivisions Act, and in addition to
any other regulations provided by law, the reaulations hereinafter in this
ordinance contained shall apply to all subdivisions or Darts of subdivisio
hereafter made, entirely or partially, within the unincorporated limits of
the County of Deschutes. I
The provisions of this ordinance are supplemental to the provisions of the
Plats and Subdivisions Act, and, except as otherwise provided, all terms used
herein which are defined in the Plats and Subdivisions Act shall have the same
meaning as described in the Act.
SECTION 105 ADVISORY ROLE OF THE COUNTY PLANNING COMMISSION
The Planning Commission of the County of Deschutes, State of Oreqon, is hereby
charged with the duty of makinq investigations and reports on the design and
improvement of proposed subdivisions. The Commission shall have such additional
powers and duties with respect to subdivisions, the maps. thereof and the pro-
cedure relating thereto as are prescribed by the Plats and Subdivisions Act and
by this ordinance.
SECTION 106 RELATIONSHIP TO COMPREHENSIVE GENERAL PLAN
A subdivision plat shall conform to the policies of the Comprehensive General
Plan and elements thereof as adopted by the County Board of Commissioners,
with respect to the type and intensity of land use, population densities and
distribution, locations and sizes of public areas, and rights-of-way and
improvement of streets.
SECTION 107 RELATIONSHIP TO OFFICIAL MAP
'A subdivision plat shall conform with plans for the location, widening or
extension of streets and highways and for other projects of a similar nature
as shown on an Official Map as adopted by the County Board of Commissioners.
In the absence of an Official Map, the alignments of streets or hiqhways shall
conform generally with the alignments of streets or highways shown on the
Comprehensive General Plan or an element thereof.
SECTION 108 RELATIONSHIP TO ZONING ORDINANCE
A subdivision plat shall conform in all respects with applicable reaulations
of the zoning ordinance.
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SECTION 109 CONSTRUCTION AND DEFINITIONS
The definitions of words used in this ordinance, and the construction of the
words in provisions thereof, shall be as follows:
A. CONSTRUCTION
The following rules of construction shall apply unless inconsistent with
the plain meaning of the context of this ordinance:
1. TENSE: Words used in the present tense include the future tense.
2. NUMBER: Words used in the singular include the plural, and words used
in the plural include the singular.
3. SHALL AND MAY: The word "shall" is mandatory; the word "may" is
permissive.
4. GENDER: The masculine shall include the feminine and neuter.
5. HEADINGS: In the event there is any conflict or inconsistency between
the heading of an article, section or paraqraph of this ordinance and
the context thereof, the said heading shall not be deemed to affect the
scope, meaninq or intent of such context.
B. GENERAL TERMINOLOGY
The word "County" shall mean the County of Deschutes, Oreqon. The words
"County Commission" shall mean the County Board of Commissioners of the
County of Deschutes. The words "Planninq Commission" and "Commission"
shall mean the Planninq Commission duly appointed by the County Board of
Commissioners. The words "Planninq Director", "County Roadmaster",
"County Sanitarian", "County Surveyor", "Tax Collector", and "Assessor"
shall mean the Planninq Director, County Roadmaster, County Sanitarian,
County Surveyor, Tax Collector and Assessor of the County of Deschutes.
C. DEFINITIONS
For the purpose of this ordinance, certain words and terms used herein are
defined as follows:
1. ALLEY -- A public way, 20 feet in width, permanently dedicated or
reserved as a secondary means of access to abuttinq property.
2. BLOCK -- A contiguous series of lots bounded on all sides by streets,
railroad right-of-way, unsubdivided land or watercourse.
3. BUILDING LINE -- A dashed line on a plat restricting the location of
buildings or structures, or that distance as prescribed by the zoninq
ordinance, when applicable.
4. COMPREHENSIVE PLAN -- A plan adopted by the Plannino Commission and
County Board of Commissioners providinq objectives and policy Quide-
lines for the qrowth and development of the County, includinq amend-
ments thereto.
5. FIRE BREAK -- A break in the ground cover fuels as specified by the
fire protection agency involved.
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6. LOT -- A single parcel of land for which a legal description is filed
on record or the boundaries of which are shown on a subdivision plat
filed in the office of the County Clerk. The term "lot" shall include
a part of a single parcel of land when such part is used as though a
separate lot for all purposes and under all requirements of this
ordinance: Except for the parcel of land on which condominium structures
are placed, the term "lot" does not include condominium as used under
O.R.S. 91.505 through 91.675 "Unit Ownership Law".
9. LOT, CORNER -- A lot situated at the intersection of two (2) or more
streets which have an angle of intersection of not more than 1350.
9. LOT DEPTH -- The depth of a lot shall be the horizontal lenoth of a
straight line connecting the bisecting points of the front and rear
lot lines.
10. LOT, DOUBLE FRONTAGE -- An interior lot having frontage on and with
access on two (2) parallel or approximately parallel streets.
11. LOT, INTERIOR -- A lot other than a corner lot or reverse corner lot.
12. LOT, KEY -- The first lot to the rear of a reversed corner lot whether
or not separated by an alley.
13. LOT LINE, FRONT -- In the case of an interior ldt, a line separating
the lot from the street. In the case of a corner lot, the line
separating the narrowest street frontage of the lot from the street.
14. LOT LINE, REAR -- A lot line which is opposite and most distant from
the front lot line.
15. LOT LINE, SIDE -- Any lot boundary line not a front lot line or a rear
lot line.
16. LOT, REVERSED CORNER -- A corner lot which rears upon the side yard of
another lot.
17. LOT 14IDTH -- The average horizontal distance between the side lot lines,
measured at right angles to the lot depth at a point midway between the
front and rear lot lines.
18. PLAT -- A final map, diagram, drawing or replat containing all descriptions,
locations, specifications, dedications, provisions and information con-
cerning a subdivision as specified by this ordinance.
19. OFFICIAL MAP -- A map adopted by the Planning Commission and County Board
of Commissioners on which the planned locations of streets and highways
are indicated with detail and exactness sufficient to furnish the basis
for right-of-way dedication or acquisition of property related thereto.
20. REVERSE STRIP -- A strip of property, contiguous to a public way, which
is offered to the County for street purposes but which offer is not
accepted by the County until additional adjacent right-of-way is acquired
by the County, and across which the access rights are abandoned until
such time as the additional adjacent right-of-way is acquired by the County.
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21. RIGHT-OF-WAY -- The area between the boundary lines of an alley,
easement, street or highway.
22. ROAD14AY -- The portion or portions of the right-of-way of a street
0 or highway developed for vehicular traffic.
E3. STANDARD SPECIFICATIONS -- Specifications of the County of Deschut(f—s
established by recommendation of the Plannina Commission and adooteil
by resolution of the County Board of Commissioners pertaininq to*the
design and installation of subdivision improvements, copies of which
are on file in the offices of the Planninq Director and County Road -
master and to which reference is made and which contain the minimum
requirements for the design and construction of improvements covered
by this ordinance.
24. STREET -- The entire area between the right-of-way lines of any public
way other than an alley used or intended to be used for vehicular
traffic, including public ways designated as roads, highways, lanes,
places, circles, avenues or by other similar designations.
a. Arterial -- A street designated as an arterial on the Comprehensive
General Plan or an element thereof which is used or is intended to
be used as part of the principal network of through traffic within
the county.
b. Collector Street or County Feeder Road -- A street designated as a
Collector Street or County Feeder Road on the Comprehensive General
Plan or an element thereof which is used or is intended to be used
principally for the movement of traffic between major arterials and
local streets and roads within the county.
c. Local Street -- A street which is used or intended to be used for
providing the primary access to abutting lots within a subdivision.
d. Cul-de-sac -- A minor street having only one outlet for vehicular
traffic, with a turn -a -round at the opposite end, which is not
intended to be extended or continued to serve future subdivisions
or development on adjacent lands.
e. Frontage Road -- A street which is parallel to and adjacent to a
major arterial, limited access highway or freeway, and which pro-
vides access to abutting properties while relieving them of the
effects of through traffic on the adjacent parallel facility.
f. Stubbed Street -- A street havino only one outlet for vehicular
traffic and which is intended to be extended or continued to
serve future subdivisions or development on adjacent lands.
g. Half Street -- A street having only a portion of its width provided
in one subdivision, with the remainder of its width to be provided
through the subdivision of adjacent property.
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25. SUBDIVIDE LAND -- "Subdivide land" means to partition a parcel of land
into four or more parcels, any one of which, is less than ten (10) acres
each for the purpose of transfer of ownership or buildinq development,
is whether immediate or future, pursuant to O.R.S. 92.010.
26. SUBDIVIDER -- "Subdivider" refers to any person, firm, corporation,
partnership or association who causes land to be divided into a sub-
division as defined herein.
27. SUBDIVISION -- An act of subdividing land or a tract of land subdivides'
as defined in this Section.
a. Urban Subdivision -- A subdivision located in an area designated by
the Comprehensive General Plan for urban development, with lots
having an area ranaina from 7,000 square feet to 20,000 square feet.
b. Suburban Subdivision -- A subdivision located in an area designated
by the Comprehensive General Plan for suburban development, with
lots havinq an area ranaina from 20,000 square feet to five (5)
acres.
c. Rural Recreation Subdivision -- A subdivision located in an area
designated by the Comprehensive General Plan for private recreation
development, with lots havinq an area ranqinq from one (1) acre to
five (5) acres.
d. Rural Subdivision -- A subdivision located i'n an area designated
by the Comprehensive General Plan for aqricultural or open use
with lots having a gross area ranging from five (5) acres to
ten (10) acres. Where it is intended to divide land into 10 acre
lots by Sectional breakdown, but where such lots may result in an
actual area of less than the full 10 acres because of a smaller
than normal Section, Township or portion thereof, the dividing of
such land shall not be considered a subdivision.
e. Planned Development Subdivision -- A subdivision of land which is
designed to provide an open space or recreation area for the direct
use and benefit of all the lot owners within the subdivision. A
planned development includes a "Planned unit", a "Homes Association"
and "Common property" which are defined as follows:
1. Planned -unit: A land area which (1) has both individual building
sites and open space, known as common property such as a Dark,
and (2) is designed and oroanized to be capable of satisfactory
use and operation as a separate entity without necessarily having
the participation of other buildinq sites or other common
property; the ownership of the common property may be either
public or private.
2. Homes association: An incorporated, non-profit corporation to
operate under recorded land aareements through which (a) each
lot owner in a planned -unit or other described land area is
automatically a member, and (b) each lot is automatically
subject to a charge for a proportionate share of the expenses
for the organization's activities, such as maintaining a common
property.
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3. Common property: A parcel or parcels of land, together with
the improvements thereon, the use and enjoyment of which are
shared by the owners and occupants of the individual buildina
sites in the planned -unit.
ARTICLE 2 PHYSICAL IMPROVEMENT REQUIREMENTS
SECTION 201 RIGHTS-OF-11AY AND STREET IMPROVEMENTS
Street rights-of-way and street improvements shall be provided in accordance
with the minimum standards for the various classes of subdivisions prescribed
in Section 207 of this ordinance, and shall be constructed to the Standard
Specifications for Design and Construction as adopted by resolution of the
County Board of Commissioners and on record at the time of Plannina Commission
approval of the preliminary plat.
No subdivision shall be recorded unless improved public access in accordance
with Section 207 is provided from the subdivision to a street maintained by
a city or the County or to a highway maintained by the State. Nhere the
provision of public access requires the crossinn of federal lands, approval
shall be obtained from the federal agency having jurisdiction over said lands
crossed, and shall improve such access to the standards prescribed in Section
207. Where a subdivision requires an access approach to*a state highway, qhway,
approval shall be obtained from the State Highway Department prior to Plannina
Commission approval of the preliminary plat.
SECTION 202 ALLEYS
Alleys paved to 20 feet in width may be required at the rear of lots proposed
for multi -family, commercial or industrial subdivisions.
SECTION 203 DRAINAGE WORKS
The subdivider shall provide such drainane structures or improvements as may
be necessary to prevent the ponding of surface water within the roadway of a
street, and to assure the unimpeded flow of water within natural drainage
-courses traversed by a street.
SECTION 204 SEWAGE DISPOSAL
Facilities for the disposal and treatment of sewaae shall be provided for the
various classes of subdivisions as follows:
A. URBAN SUBDIVISIONS
Except as provided below, sanitary sewer lines and appurtenances capable
of serving each lot shall be provided within all urban subdivisions.
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1. 1.4here sanitary sewers and sewer service are available from a munici-
pal system, the subdivider shall connect the sewer lines within the
subdivision with the sewer system of the municipality.
2. Where sanitary sewers and sewer service are available only from a
public district, the subdivider shall connect the sewer lines within
the subdivision with the sewer system of the public district.
3. Where sanitary sewer lines and sewer service are unavailable both
• • •• and • public district, sewane disDosal facilities
shall be provided for each lot within the subdivision in accordance
with the requirements and standards of disposal administered by and
under the jurisdiction • the County Sanitarian.
4. Connections to a sanitary sewer system under the provisions of
paragraphs A. 1. or A. 2. of this Section shall be made in accordance
with the policies of the public agency having jurisdiction over the
system.
B. SUBURBAN, RURAL RECREATION, RURAL AND PLANNED DEVELOPMENT SUBDIVISIONS
Sewage disposal facilities shall be provided for each lot within a suburban,
rural recreation, rural and planned development subdivision in accordance
with the requirements and standards of disposal administered by and under
the jurisdiction of the County Sanitarian. The subdivider shall be
responsible for providing the necessary information. required by the County
Sanitarian to determine lot sizes and adequacy of sewane facilities.
SECTION 205 WATER SUPPLY AND FIRE SUPPRESSION
Facilities for the provision of domestic water supply and fire suppression
shall be provided for the various classes of subdivisions as follows:
11 A. URBAN AND SUBURBAN SUBDIVISIONS
Except as provided below, a central water system canable of serving each
lot shall be provided within all urban and suburban subdivisions.
1. Where water mains and water service are available from a municipal
system, the subdivider shall connect the central water system
within the subdivision with the water system of the municipality.
2. Where water mains and water service are unavailable from a muni-
cipality but are available from a public district, the subdivider
shall connect the central system within the subdivision with the
water system of the public district.
3. Where water supply is unavailable both from a municipality and a
public district, the subdivider shall cause a public district to
be formed for purposes of owning and managing the central water
system within the subdivision or shall establish a mutual or private
system. In any case, such system shall be developed and improved in
accordance with the requirements of the State Board of Health.
4. Connections to a water supply system under the provisions of Para-
graphs A. 1. and A. 2. of this Section shall be made in accordance
with the policies of the public agency having jurisdiction over the
system.
5. Where an urban or suburban subdivision is located within a public fire
protection district, fire hydrants shall be provided in accordance
with the requirements of the fire district involved.
i. In any suburban subdivision where lots are to be less than • (1)
acre in area and where sewage disposal is to be provided by means
of individual sewaae disposal systems, water shall be supplied from
a common source as provided under Paranraphs A. 1., A. 2., and A. 3!
of this Section and individual wells on each lot shall not be per-
mitted.
7. In any suburban subdivision where lots are to be areater than one (1)
acre in area and where sewage disposal is to be provided by means of
individual sewage disposal systems, water may be supplied from wells
on individual lots or from an irrigation district servinq the area in
which the subdivision is located until such time as a public water
supply is available, provided that the County Sanitarian determines
that individual sewage disposal systems will be located and constructed
so as not to contaminate any existing or proposed well, irrigation
district distribution facility, or any existing stream or underground
water supply on the property to be subdivided or on adjoining property.
In any recreation or rural subdivision where central water or sewage
disposal systems are not developed, water shall be provided in accordance
with the requirements established for suburban subdivisions under Para-
graph A. 7. of this Section.
SECTION 206 OTHER IMPROVEMENTS
In addition to the improvements required under other Sections of this Article,
the subdivider may be required to provide other improvements because of
specific features of the land and the design and location of the subdivision.
Improvements such as bridges, culverts and the fencing of watercourses, rights-
of-way and recreation areas and facilities may be required where necessary for
the health, safety and general welfare of residents of the subdivision.
A. FIRE PROTECTION: Provisions for fire protection shall be made where forest
or other vegetation is likely to constitute a fire hazard, as follows:
1. Fire Breaks: Fire breaks shall be provided as may be specified by the
appropriate fire protection agency. Access roads may be used as fire
breaks where provided at suitable locations.
2. Emergency Access: Two or more improved all-weather access roads from
the subdivision may be required by the Planning Commission for purposes
of fire protection egress and ingress to insure public safety as may be
specified by the appropriate fire protection agency.
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3. Water Facilities: In subdivisions where fire suppression facilities are
not specified under Section 205, water facilities for fire protection
shall be provided as may be specified by the appropriate fire protection
IDagency.
B. CONSTRUCTION OF OPEN DITCHES: No open ditches may be constructed for the
purpose of lowerinq a water table. French drains or underground file systems
may be installed in a manner specified or approved by the 'County Sanitarian.
C. STREET SIGNS:.
6
SECTION 207 MINIMUM RIGHTS-OF-14AY AND STREET IMPROVEMENTS
Where a subdivision abutts an existinq paved County maintained road or roads,
the subdivider shall dedicate that additional right-of-way required to brina
the road to one-half the standard riqht-of-way prescribed for the type of road
involved. If an abutting road is not dedicated and improved to the standards
specified in this Section, the subdivider shall dedicate and may be required
to improve such road to one-half the standard right-of-way and improvement
width prescribed for the type of road involved except as provided'in Section
301, J., or may be required to provide a performance bond for the improvement
of such road as prescribed in Section 614 of this ordinance.
Street rights-of-way and improvements shall be provided as specified in the
following Tables for the type of subdivision involved. Specific standards for
the design and construction of improvements not shown herein shall be in
accordance with adopted County Standards and Specifications.
A. URBAN SUBDIVISIONS (See Table 1)
B. SUBURBAN SUBDIVISIONS (See Table 2)
C. RURAL RECREATION AND RURAL SUBDIVISIONS (See Table 3)
Section 206 Subsection C
STREET SIGNS: Ir urban and suburban type subdivision where streets
will be accepted into the County maintained system, the subdivider
shall deposit with the County a sum of money determined by the County,
to be sufficient to cover the cost and installation of street signs.
The street signs will be installed by the County or to County
standards by the subdivider.
10 -
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0
SECTION 301 STREETS
A. The radius of curvature, grade, tangents between curves and intersection
curb return radius of streets shall conform with the minimum standards
prescribed under Section 207 of this ordinance.
B. Alignment of Streets: Streets located on opposite sides of an intersecting
street shall have '11 -heir centerlines directly opposite each other where
possible; otherwise, the centerlines shall be separated by not less than
100 feet.
C. Location of Centerline: The centerline of the pavinq shall correspond to
the centerline of the right-of-way where possible and practical.
D. Continuation of Streets: Subdivision streets which constitute the contin-
uation of streets in contiguous territory shall be aligned so that their
centerlines coincide. Where straight-line continuations are not possible,
such centerlines shall be continued by curves. New streets of the contin-
uation of a street in contiguous territory may be required by the Planning
Commission where such continuation is necessary to maintain the function of
the street or a desirable existing or planned pattern of streets and blocks
in the surrounding area pursuant to Section 303 of this ordinance.
E. Intersection Angles: Street intersections shall be as near right angles as
possible except where topography requires a lesser angle, but in no case
shall the acute angle be less than 60 degrees.
F. Streets in Subdivisions Adjoining Unsubdivided Land:
1. Stubbed Streets: Where a subdivision adjoins unsubdivided land, streets,
which may be necessary to assure the proper subdivision of the adjoining
land or the continuation of the function of a major arterial or collector
street shall be provided through to the boundary line of the subdivision.
2. Half Streets: Half streets proposed adjacent and parallel to the boundary
line of the subdivision, while generally not acceptable, may be approved
where essential to the reasonable development of the subdivision when in
conformity with other requirements of this ordinance and when the Planning
Commission finds it will be practical to require the dedication and
improvement of the other half when the adjoining property is subdivided.
Half streets shall not be permitted where lots would front on such streets.
Where half streets are provided, a performance bond may be required to
insure full improvements until such time as the remaining half street
on adjacent property is dedicated and improved. 14henever an existing
half street is adjacent and parallel to the boundary line of a proposed
subdivision, the subdivider shall dedicate and improve such additional
right-of-way as may be necessary"to meet the standards prescribed under
Section 207 of this ordinance for the type of street involved.
- 14 -
a. Reserve Strips:
1. A one (1) foot reserve strip shall be provided at the dead-end of a
stubbed street and alona the boundary line of the subdivision adjacent
to a half street and shall be offered for dedication to the County for
future street purposes. Reserve strips at other locations and for
other purposes shall not be approved.
2. Reserve strips shall be desianated on the final plat of the subdivision
and shall be specifically referred to in the dedication certificate.
H. Existing Streets: '-Ihenever existino streets adjacent to or within a sub-
division are of inadequate width, additional richt-of-way and improvements
shall be provided at the time of subdivision in accordance with the
standards prescribed under Section 207 of this ordinance.
I. Cul-de-sacs: Except where s!)ecial circumstances of desion are apparent,
cul-de-sacs shall not have a length of more than 600 feet in urban and
suburban subdivisions nor more than 800 feet in length in rural recreation
or rural subdivisions and shall terminate with a turn -a -round with a
radius of not less than 45 feet.
J. Frontage Roads and Non -Access Rinhts: 'There property is to front uoon a
major arterial, a frontane road separated from the major arterial may be
required for access to the subdivision. 'there pro!)erty is to front upon a
limited access hiahway or freeway, a frontane road separated from the limited
access highway or freeway shall be provided for access to the subdivision.
Frontage roads will not be required when the lots of the subdivision back -on
to a major arterial, limited access hiahway or freeway, and where access
rights to said major arterial, limited access hiahway or freeway have been
acquired previously by a public acency or are offered for dedication. Nhere
a frontage road is provided, or where lots are proposed to back -on or side -on
to a major arterial or limited access hiahway and access riahts to the rear
of said lots are offered for dedication, the improvement requirements of this
ordinance pertaining to the major arterial or limited access highway shall
not be required.
K. Railroad Grade Crossings: adhere a subdivision adjoins or contains a rail-
road right-of-way and the design of the subdivision includes a major arterial
or collector street crossing of the railroad, the design of the street cross-
ing shall take due consideration of the minimum distance required for approach
grades and right-of-way width required for a future arade separation of the
railroad.
L. Street Names: Except for continuations of exiztinq streets, no street name
shall duplicate or be confused with the names of existina streets. In the
absence of an Official Plan, street names and numbers shall conform with the
policy of the Planninq Commission and the County Board of Commissioners,
which policy shall take due consideration of the established oattern in the
surrounding area.
MM
C
SECTION 302 LOTS
A. Minimum Lot Area, Width, Depth, Frontage and Building Setback Lines: The
minimum area, width, depth and frontage of lots and the minimum building
setback line from streets shall conform with the requirements of the
applicable zoning districts as provided in the zoning ordinance when
applicable. In the absence of a zoning ordinance, or where provisions of
the zoning ordinance have not been applied to the property to be subdivided,
the area, width, depth, frontage of lots and building setback lines shall
conform with the standards prescribed in Table 3 of this Section.
TABLE 3 -
MINIMUM AREA, WIDTH, DEPTH, FRONTAGE AND SETBACK LINES OF LOTQ
Type
Minimum
Minimum
Minimum
*Minimum
Min. Building
of
Area
Width
Depth
Street
Setback Line
Subdivision
Frontage
From Street
Urban
7,000 sq.ft.
70'
100'
60'
25'
Suburban
20,000 sq.ft.
80'
150'
80'
25'
Rural
Recreation
1 acre
150'
200'
100'
50'
Rural
5 acres
300'
400'
150'
50'
*The minimum frontage on curved streets or cul-de-sacs shall be 30 feet for
Urban and Suburban Subdivisions and 60 feet for Rural Recreation Subdivisions.
B. Double Frontage Lots: Double frontage shall not be permitted except where
proposed in accordance with the provisions of Paragraph J. of Section 301
of this ordinance, or except where necessitated by topographical or other
physical conditions.
C. Lot Side Lines: The side lines of lots shall be approximately at right
angles to the street right-of-way line on straight streets and to the
tangent on curved streets and cul-de-sacs®
D. Lot BoundaryNo lot- divided by boundary of
countv, city, schooldistrict or other taxing district.
E. Lots with the Capability of Resubdivision: !There lots are sufficiently
large to permit resubdivision at some future time, the location of lot
lines and other details of layout shall be such that resubdivision readily
may take place without violating the requirements of this ordinance or
the zoning ordinance where applicable and without interfering with the
orderly extension of streets.
U
SECTION 303 BLOCKS.
A. Block Len_9th: Blocks shall not exceed 2,640 feet in length except where
necessitated by topographical, other physical conditions, or an adjacent
major arterial street in order to reduce the number of intersections with
the arterial streets. Blocks lest than 600 feet in length may be cause for
disapproval of the preliminary plat where it is found that block design
can be provided to conform to -this section.
B. Block Depth: The depth of blocks shall be sufficient for two (2) tiers
of lots except where a tier of lots backs onto adjacent unsubdivided
land or an arterial street, limited access hiahway or freeway.
SECTION 304 EASEMENTS
A. Utility Easements: Easements shall be provided along property lines where
necessary for the placement of overhead or underground utilities and where
necessary to provide the subdivision with electric power, communication
facilities, street lighting, sewer lines, water lines, qas lines or drainage.
Such easements shall be labeled "Public Utility Easement" on the preliminary
and final plat; they shall be at least 12 feet in width and centered on lot
lines where possible, except for utility pole quyline easements which may be
reduced to six (6) feet in width and easements alonq the rear of lots adjacent
to unsubdivided land which may be reduced to 10 feet in width.
B. Pedestrian Easements: When desirable for public convenience, pedestrian
easements may be required to connect to cul-de-sacs or to pass through
unusually long or odd shaped blocks.
SECTION 305 FLOOD HAZARDS
Areas which are subject to the ponding of surface waters, or of floodinq
caused by surface waters or high water table shall not be subdivided until
necessary measures have been taken or are required to be taken as a condition
of approval of the preliminary plat to eliminate the hazard involved. An
investigation and report shall be made to the Planning Commission on the
adequacy of measures taken or proposed to be taken by the subdivider to
eliminate the hazard. The existence of such hazard may be cause for disap-
proval of the preliminary plat.
Where a planned unit development has been authorized pursuant to applicable
zoning regulations, the plan of the subdivision shall conform with the plan
of the Planned Unit Development as approved by the Planning Commission and
Board of County Commissioners. !There a planned unit approach to property
development is desired by a subdivider, but where provisions of a zoninq
ordinance are not applicable, the subdivider may request approval of a planned
unit development and the Planning Commission may authorize exceptions to the
regulations in this ordinance necessary to carry out the planned unit develop-
ment in accordance with the provisions of Article 8 of this ordinance.
- 17 -
A. Common Recreation and Open Space and Facilities for the Exclusive Use of
0 Property Owners Within the Subdivision: The Subdivider is encouraqed to
include in the proposed subdivision such recreation space and facilities
for the use of property owners within the subdivision as may be necessary
and desirable to enhance the environment of the subdivision. Such space
and facilities should be located so as to be within reasonable walkinq
distance of all lots within the subdivision.
B. Public Facilities and Recreation: Consideration shall be niven by the
subdivider to the reservation of sites for solid was te pick up and disposal,
schools, park and recreation and other essential public services and
facilities required to serve the subdivision. The reservation of sites
required for general public service, use and enjoyment may be made the
subject of conditional approval of the preliminary plat by the Planning
Commission provided, however, that the Planning Commission can make the
following findings:
1., That sites required are consistent with policies and proposals of
the Comprehensive General Plan or elements thereof.
2. That sites required will be purchased for public use within one (1)
year after the recording of the final plat of the subdivision, and
that evidence of such intent to purchase has been submitted in
writing by a public agency having authority for such purchase.
3. That the intended use of sites required will be compatible with the
intended use of property within the remainder of the subdivision.
In no case shall the Planning Commission require the dedication and
development of sites covered by this Paraqraph by the subdivider as
a condition of approving the preliminary plat; however, the subdivider
may voluntarily make such dedication. The subdivider shall indicate,
as part of the preliminary plat, how sites reserved for public use
would be developed otherwise in the event they are not purchased by
a public agency within the time period specified under this Paragraph.
Extension of the time period within which sites may be required to be
reserved for public use is at the sole option of the subdivider.
C. Access to Rivers and Streams in Recreation Subdivisions: In the case of
a rural recreation subdivision, the subdivider shall provide for reasonable
access from all lots to any river or stream adjacent to or within the
subdivision.
SECTION 308 PARTIAL RECORDING BASED ON PRELIMINARY PLAT
Where a final plat is proposed to be recorded on only a part of the area
included within an approved preliminary plat, the preliminary plat shall be
prepared in such a manner that such partial recordinq will result in compliance
with all of the applicable provisions of Articles 2 and 3 of this ordinance.
18 -
SECTION 401 ESTABLISHMENT OF COMMITTEE
There is hereby established a Subdivision Committee to • in a technical
capacity for the Planning Commission and County Board of Commissioners. The
Subdivision Committee members • • • the County Plannina Director
• • be the Chairman, the County Roadmaster, the County Surveyor and
the County Sanitarian.
SECTION 402 DUTIES OF COMMITTEE
It shall be the duty of the Subdivision Committee to examine and review all
preliminary plats and make its recommendations to the Planning Commission in
accordance with the procedures outlined in Section 505 of this ordinance. The
Committee shall establish regular meeting dates and rules of procedure and
shall publish such dates and procedures.
SECTION 403 SUBDIVISION CONFERENCE
The Planning Director shall schedule a Subdivision Committee conference with
the subdivider and/or his engineer or surveyor. The subdivision committee
members (or duly authorized representatives) shall attend the conference.
Representatives of other agencies, as outlined in Section 501, C. of this
ordinance, may attend and shall be encouraged by the Planninq Director to
attend the subdivision conference. As a result of the discussion between
the subdivider and/or his engineer or surveyor and the Subdivision Committee,
the subdivider may request such additional meetings as may be necessary.
ARTICLE 5
SECTION 501 FILING PROCEDURE
A. The subdivider shall prepare a preliminary plat in accordance with the
provisions of this ordinance which shall be filed with the County Planning
Department. Such filing shall be made prior to the initiation of any
construction work within the proposed subdivision which might be affected
by changes in the preliminary plat.
B. The time for filing the preliminary plat shall be contrued to be the time
when the preliminary plat is filed with and officially received by the
County Planning Department.
C. The subdivider shall file ten (10) copies of the preliminary plat with the
Deschutes County Planning Department. Within three (3) working days after
said filing, the Planning Director shall transmit one (1) copy to each of
the following: County Surveyor; County Roadmaster; County Assessor; County
Sanitarian; Board of Commissioners; Oregon State Department of Public Health;
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City within three miles of the location of the proposed subdivision;
State Highway Department where applicable, school districts within
which jurisdiction the subdivision is located; any public or private
utilities serving the area; any irrigation district within which the
subdivision is located; and the fire protection agency involved.
Additional copies of the preliminary map shall be provided where
necessary to permit transmittal to all parties listed above. Transmittal
shall include a request for comments and recommendations which may assist
the Planning.Commission in the review of the preliminary plat.
SECTION 502 FORM AND SCALE OF PRELIMINARY PLAT
The preliminary plat shall be clearly and legible drawn. It need not be a
finished drawing, but it shall show all pertinent information to scale in
order that the Planning Commission may have adequate understanding of what
is proposed during the review process. The scale of the preliminary plat
shall be one (1) inch equals 100 feet for areas under 50 acres, and shall
be one (1) inch equals 200 feet for areas over 50 acres.
SECTION 503 INFORIIATION ON PRELIMINARY PLAT
A. GENERAL INFORMATION
I. A subdivision name which does not conflict with the name of an
existing subdivision, and a plat number assigned by the Planning
Director preceded by the words "Preliminary Plat No.".
2. Name and address of the owner and/or subdivider.
3. Name and address of the licensed engineer or surveyor who prepared
the plat.
4. Date of preparation, north point, scale, approximate acreage and
boundary lines.
B. INFORMATION CONCERNING EXISTING CONDITIONS
1. The location, names and widths of improved and unimproved streets
within or adjacent to the subdivision.
2. The location, width and use or purpose of any easement on the property.
3. Contour lines sufficient to show the direction and general grade of
land slope. Contours shown on United States Geological Survey maps
may be superimposed for this purpose.
4. The location and direction of natural watercourses and areas subject
to flooding.
5. The location of structures, irrigation canals and ditches, pipelines,
and railroads, and any natural features such as rock out-croppings
and cover which are of an area or size sufficient to influence the
design of the subdivision.
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6.The location of city boundary lines and the boundary lines of public
districts which lie within the subdivision or within 500 feet of the
exterior boundaries of the subdivision.
is 7. A vicinity map showing the relationship of the proposed subdivision
to surrounding development, streets and any public sewer and water
utilities and services in the area.
1. The location, names, width, approximate grades and curve radii of
all proposed streets.
2. The location, width and purpose of proposed easements.
3. The location and approximate dimensions of lots; proposed lot -and'
block numbers.
4. The location, approximate acreage and approximate dimensions of
areas proposed for public use.
5. The proposed use of any lot which is not intended for single-family
residential use.
6. An outline of the areas proposed for partial recording of a final
plat if phased recording is contemplated.
7. The relationship of the proposed subdivision to future streets on
adjacent land controlled by the subdivider.
8. Source and method of water supply to serve the subdivision.
9. Proposed method of sewage disposal.
SECTION 504 STATEMENTS TO ACCOMPANY PRELIMINARY PLAT
The preliminary plat shall be accompanied by written statements giving
essential information regarding the following matters:
A. WATER SUPPLY: Two copies of a water letter from a water purveyor serving
domestic water, or a letter from a licensed well driller or registered
engineer. The water letter shall state the source, name of supplier, and
known quantity of water available. In addition, the letter from the
water purveyor providing a domestic water system shall state that he is
able and willing to serve each and every lot within the subdivision and
that such system will be installed in accordance with all requirements of
the Oregon State Board of Health and this ordinance. The water letter
shall be so certified and notarized.
B. SEWAGE DISPOSAL: Describe method of ,disposal, any known soil data, water
table information, etc.
C. PROTECTIVE COVENANTS TO BE RECORDED, IF ANY: These may be submitted with
the final plat if not yet prepared.
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E® DESCRIPTION OF ANY COMMUNITY FACILITIES NHICH 1,JOULD SERVE THE PROPOSED
SUBDIVISION.
F. JUSTIFICATION AND REASONS FOR ANY EXCEPTIONS TO THE PROVISIONS OF THIS
ORDINANCE 14HICH ARE BEING REQUESTED UNDER THE PROVISIONS OF ARTICLE 8.
G. PROOF OF OWNERSHIP: A letter from a licensed title comnany statina the
record owner(s) of the land proposed to be subdivided.
SECTION 505 SUBDIVISION REVIE4 AND PLANNING COMMISSION ACTION
A. The Planning Director shall set a date for consideration of the preliminary
plat by the Planning Commission.
Within fourteen (14) days of receipt of the preliminary plat, the Subdivision
Committee shall convene at a subdivision conference as specified in Article
4 of this ordinance and shall prepare for the Plannina Commission written
reports of their recommendations reqardinq the proposed subdivision. 14ritten
reports to the Planning Commission by the technical review committee shall
be submitted to the Planninq Director at least four (4) days prior to the
date of Planning Commission consideration. Failure to submit such report
by any member of the Subdivision Committee shall be deemed approval of the
preliminary plat by such member.
B. The Planning Director shall submit the tentative plat, along with the recom-
mendations of the Subdivision Committee and other anencies to the Plannina
Commission. The Planninq Commission shall consider the recommendations of
the Subdivision Committee and other aaencies and determine whether the
preliminary plat is in conformity with the provisions of this Ordinance.
Upon that basis, the Plannina Commission shall, by resolution, approve,
conditionally approve, or disapprove the proposed subdivision. Nithin five
(5) days of Planning Commission action on the preliminary plat, the Planninq
Director shall report such action in writino directly to the subdivider and
his engineer or surveyor. Approval of the preliminary plat shall constitute
approval of the final plat, subject to the requirements of Article 6 of this
ordinance, if there is no change in the plan of the subdivision at the time
of filing the final plat. If the map is disapproved by the Plannina Commis-
sion, the reasons therefor shall be set forth in the report to the subdivider.
If the preliminary plat is approved subject to conditions, conditions shall
relate only
nly to the authority granted to the Planning Commission by this
Ordinance. A preliminary plat approved subject to conditions by the Planning
Commission need not be revised to reflect such conditions, but such conditions
shall be reflected in the preparation of the final plat.
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D. Within five (5) days after the date of the Planning Commission's action,
the Planning Director shall transmit the complete record of its review
and action to the County Board of Commissioners. Upon receipt of the
record, the County Board of Commissioners may review the decision of the
Planning Commission. The County Board of Commissioners may affirm, reverse
or modify the decision of the Planning Commission provided that such decision
is not inconflict with the provisions and intent of this ordinance. Unless
notified within ten (10) days, the decision of the Planning Commission shall
be affirmed.
E. If the subdivider is dissatisfied with any action of the Planning Commission
with respect to the preliminary plat, he may, within ten (10) days of such
action, appeal the action of the Planning Commission to the County Board of
Commissioners. An appeal shall be filed with the Board of Commissioners, in
writing, and shall state specifically wherein it is claimed there was an
error or abuse of discretion by the Planning Commission. The Board of Com-
missioners shall give notice to the subdivider and the Planning Commission
of the date when the appeal of the subdivider is to be heard. At its next
regular meeting, the County Board of Commissioners shall review the action
of the Planning Commission and the written appeal of the subdivider and
shall report its action to the subdivider and to the Planninq Commission in
writing. When an appeal is filed and heard by the County Board of Commis-
sioners, such hearing shall constitute meeting the requirements of review
and action by the County Board of Commissioners as prescribed in Paragraph
D. of this Section.
SECTION 506 TERMINATION OF PRELIMINARY MAP APPROVAL
Failure by the subdivider to record a final plat within eighteen (18) months of
the date of approval or conditional approval of the preliminary plat by the
Planning Commission shall terminate all proceedings; provided, however, that
upon application of the subdivider in writing, an extension of time not exceeding
one (1) year may be granted by the Planning Commission. In the event the Plan-
ning Commission denies a subdivider's application for extension, the subdivider
may appeal to the County Board of Commissioners. 14here proceedings have termin-
ated because of failure to record a final plat or failure to receive extension
by the Planning Commission or County Board of Commissioners, a new preliminary
plat shall be filed in accordance with the provisions of this Ordinance before
a final plat may thereafter be recorded or any lot sold.
ARTICLE 6 FINAL PLAT
SECTION 601 REQUIREMENTS
Within eighteen (18) months after approval or conditional approval of the pre-
liminary plat, the subdivider may cause the subdivision or any part thereof to
be surveyed and a final plat to be prepared in conformity with the preliminary
plat as approved or conditionally approved. The subdivider shall file with the
County Surveyor one (1) complete set of original tracings and two (2) complete
sets of black and white or blue -line prints of the final plat, and one (1) copy
of the deed restrictions applicable to the subdivision. The final plat shall
conform to the requirements of this Article and shall follow the procedures
established herein.
IW*M
SECTION 602 FEES
At the time of filing the final plat, the subdivider shall pay such fees to
the County Clerk as may be set by resolution of the County Board of Commis-
sioners.
SECTION 603 FORM OF FINAL PLAT
The final plat shall be submitted in the form prescribed by the Plats and
Subdivision Act.
SECTION 604 INFORMATION ON FINAL PLAT
The final plat shall show the following:
A. The plat number and name of the subdivision, if any, date of preparation,
north point and scale.
B. A legal description of all the property being subdivided, by reference to
recorded subdivisions and sectional surveys.
C. Affidavits, certificates, acknowledgments, endorsements, acceptances of
dedication and notarial seals required by law and by this Ordinance.
D. The locations, names and widths of streets.
4> --- I -- : � -'-L — t— . t c_ L -07-S
E. The locations and widths of pedestrianways. '--- I VIJ AQJ__G�
F. The locations and dimensions of public areas and the net acreage. -
G. The widths and side lines of all easements to which the lots are subject,
and the book and page number of the County records in which the easement
appears. If the easement is not definitely located of record, the dimen-
sions of the easement shall appear on the drawing. Easements for utilities
and other similar purposes shall be denoted by broken lines.
H. Locations and widths of drainage channels, railroad rights-of-way, reserve
strips, and of streets, alleys and pedestrianways adjacent to the proposed
subdivision.
I. Limitations on rights of access to and from streets and lots and other
parcels of land; dedications of access rights to specific lots where
appropriate.
J. City boundary lines, near or adjacent to the subdivision.
K. Normal high water lines for any creek, river, or other body of water.
L. The net dimensions of each lot. Ditto marks may be used where lot dimen-
sions are repetitively identical. Sufficient data shall be shown to
determine readily the bearing and length of each lot line.
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14. Lot numbers beginning with the number I" and numbered consecutively in
each block; block numbers beginning with the number "l" and continuing
consecutively without omission or duplication throughout the subdivision.
Block numbers in an addition to a subdivision of the same name shall be
404
a continuation of the numbering in the or,ginal subdivision.
N. Front building setback lines from streets as prescribed in Section 302,
Table 3 of this ordinance.
0. Any additional information required by the Planning Commission as a
condition of preliminary plat approval.
P. The following surveying data
1. The radius, length and central angle of curves.
2. The location of all permanent monuments within the proposed subdivision.
3. Ties to and names of adjacent subdivisions.
4. Ties to any boundary lines involved.
SECTION 605 SURVEY REQUIREMENTS
A. A complete and accurate survey of the land to be subdivided shall be made
by an engineer or surveyor licensed to practice in the State of Oregon,
in accordance with standard practices and principles of land surveying.
B. The traverse of the exterior boundaries of a subdivision plat and of each
block and lot shall close within a limit of error as specified by State
law.
SECTION 606 CERTIFICATES ON FINAL PLAT
The following certificates and acknowledgments and others required by State law
shall appear on the final plat. Such certificates may be combined where
appropri ate.
A. A certificate of ownership, signed and acknowledged by the record owner and
all parties owning an interest in the property, consentinq to the preparation
and recordation of the final plat, offering for dedication all parcels of
land, streets, alleys, pedestrianways, drainage channels, easements and other
rights-of-way intended for public use, and, offering for dedication rights
of access to and from prescribed streets, lots and parcels of land.
B. A certificate of the registered engineer or licensed surveyor who prepared
the survey and the final plat.
C. A certificate for execution by the Chairman of the Planning Commission in
behalf of the Planning Commission.
D. A certificate for execution by the CO-Unty Planning Director.
E. A certificate for execution by the County Surveyor.
F. A certificate for execution by the County Tax Collector.
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G. A certificate for execution by the County Assessor.
H® A certificate for execution by the Irrigation District, where applicable.
I. A certificate for execution by the County Board of Commissioners.
SECTION 607 DEDICATIONS AND PUBLIC UTILITY REOUIREMENTS
A. All parcels of land shown on the final olat as intended for public use
shall be offered for dedication for public use at the time the Dlat is
filed, except those parcels which are intended for the exclusive use of
lot owners in the subdivision, their licensees, visitors, tenants and
servants, and except parcels of land reserved for Dublic use under the
provisions of Section 307 of this ordinance.
B. All streets, pedestrianways, drainage channels, easements and other
rights-of-way shown on the final plat as intended for public use, shall
be offered for dedication for public use at the time the final Plat is
filed.
C. All riqht-rz of access to and from streets, lots and parcels of land shown
on the final plat intended to be surrendered shall be offered for dedication
at the time the final plat is filed.
SECTION 608 DESIGNATION AND CONVEYANCE OF RESERVE STRIPS AS LOTS
One (1) foot reserve strips provided across the end of stubbed streets adjoining
unsubdivided land or along half streets adjoining unsubdivided land shall be
designated, provided, however, that such reserve stria lots shall be exempt
from all other provisions of this Ordinance which novern the size or shape of
lots or which are otherwise applicable to lots. These reserve strips shall be
offered to the County for dedication at the time the final olat is 'recorded;
however, all rights of vehicular access across said reserve strios shall be
abandoned until such time as additional adjacent rinht-of-way is acquired by
the County.
SECTION 609 IMPROVEMENT PLANS
A complete set of Improvement Plans shall be submitted and approved by the De-
partment of Public Works prior to the start of construction. Improvement plans,
at the discretion of the County Road Department, may include improvements for
drainage works. Improvement plans for street signs shall be included. The basic
information required for the set of Improvement Plans is available from the Public
Works Department.
SECTION 610 IMPROVEMENTS
A. The subdivider shall improve, or agree to improve, all lands dedicated
for streets, alleys, pedestrianways, - drainaqe channels, easements and
other rights-of-way as a condition precedent to acceptance thereof and
approval of the final plat, subject to the exceptions prescribed under
Paragraph J, Section 301 of this Ordinance.
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B. Improvements shall conform with the specifications of desian and materials
as provided in the standard specifications adopted by the County Board of
Commissioners. The subdivider shall aive notice to the County Road Depart-
ment prior to the commencement of construction of improvements.
C. The County shall have the right to enter upon the sites of improvements for
the purpose of inspecting them.
SECTION 611 MONUMENTS
A. All monuments shall be marked or tagged according to the provisions of
State law.
B. In making the survey for the subdivision, the surveyor shall set sufficient,
permanent monuments prior to the recording of the final plat so that the
survey or any part thereof may be readily retraced. The size, type and
depth of monuments shall be in accordance with the Standard Specifications.
SECTION 612 EVIDENCE OF 1,JATER SUPPLY
Proof of available water supply adequate to serve each lot as required in
Section 205 of this ordinance shall be provided prior to approval of the final
plat by the Planning Commission and acceptance by the County Board of Commis-
sioners.
SECTION 613 PROCEDURE FOR PROCESSING FINAL PLAT
The County Planning Director, who is responsible to the County Planning Commis-
sion and Board of Commissioners for the administration of this ordinance, shall
be responsible for final plat conformance to preliminary plat approval and final
plat processing and submittal to the County Planning Commission and Board of
Commissioners pursuant to the provisions of this Section.
A. The final plat shall be submitted to the County Surveyor who shall examine
the final plat and determine the sufficiency of affidavits and acknowledo-
ments, the correctness of surveyinq data, mathematical data and comoutations,
and determine whether the provisions of the Plats and Subdivisions Act and
the Final Map requirements of this Ordinance have been complied with. The
subdivider shall provide traverse sheets and work sheets or accurate and
complete electronic computations showing the closure of the exterior bound-
aries of the subdivision as required by the County Surveyor. The final plat
shall be returned to the subdivider with notations as to errors or omissions,
if any. If the final plat is found to be correct, the matters shown thereon
are sufficient and all applicable provisions of the Plats and Subdivisions
Act and this Ordinance have been complied with, the County Surveyor shall
certify his approval on the original plat.
B. --A-tl-required improvement plans, profiles and specifications of proposed
improvements shall be submitted to the County Road Department for approval
prior to the time the final plat is submitted for checking. Where standards
and specifications are the same as those adopted by the County Board of
Commissioners, they may be submitted be reference.
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C. Any performance agreement required shall be submitted to the County Road
Department on forms provided thereby. The Road Department shall determine
that the security amount proposed pursuant to Section 614 herein, is
adequate to cover the cost of all required improvement and related work.
0 Where improvement plans are required, approval of such plans shall include
a performance agreement.
D. After the final plat has been checked and certified by the County Surveyor,
the final plat shall be submitted to the County Planning Director who shall
deliver the plat to the Assessor, Tax Collector and applicable irrigation
District for certifications (unless done by the subdivider or agent). If
the final plat conforms to the preliminary plat as approved by the Plannina
Commission and no changes have been made which have not been approved by
the Planning Commission, the Planninq Director shall submit the final plat
to the Chairman of the Planning Commission who shall certify the final plat
on behalf of the Commission.
E. After the final plat has been checked and approved as provided in this
Section, and when all the certificates which appear on the final plat except
the approval certificates of the County Board of Commissioners and County
Clerk, have been signed and, where necessary, acknowledaed, the Plannina
Director shall certify the final plat and submit the plat, along with any
proposed improvements aqreement to the County Board of Commissioners for
approval. The Planning Director shall so notify the subdivider.
F. Upon receipt of the final plat, the County Board of Commissioners shall
consider said plat, the plan of the subdivision and'the offers of dedication
in accordance with the requirements of this Ordinance. if the subdivider
has entered into an agreement with the County Board of Commissioners in
accordance with the provisions of Section 614 of this Ordinance, the County
Board of Commissioners shall approve the final plat. No plat shall have
any force or effect until the same has been approved by the County Board
of Commissioners, and no title to any property described in any offer of
dedication shall pass until the final plat has been recorded.
SECTION 614 IMPROVEMENTS AGREE14ENT
A. Prior to the approval by the County Board of Commissioners of the final
plat, the subdivider shall execute and file an agreement between himself
and the County Board of Commissioners, specifyinq the period within which
he or his agent or contractor shall complete all improvement work, and
providing that, if he shall fail to complete such work within such period,
the County shall call on the Surety to complete the same. The agreement
shall provide for inspection of all improvements by the County. Such
agreement may provide (a) for the construction of the improvements in units,
(b) for an extension of time under conditions therein specified, and (c) for
progress payment. The subdivider shall file with the aforesaid aareement,
to assure his full and faithful performance thereof, a bond for such sum as
is by the County Road Department deemed sufficient to cover the cost of said
improvements, and incidental expenses and to cover replacement and repair of
existing streets and other improvements damaged in the development of the
subdivision. Such bond shall be executed by a surety company authorized by
the District Attorney as to form. In lieu of said bonds, the subdivider may
elect any one of the following alternatives to assure full and faithful
performance.
LI
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1. A Time Certificate of Deposit naming Deschutes County as beneficiary
shall be placed on file with Deschutes County by the Develooer or subdivider.
2. The subdivider may submit written certification by a bank or other reputable
lending institution that money is being held to cover the cost of the improve-
ments and incidental expenses and that the last 20 percent of the commitment
for improvements will not be released until written authorization is received
from the Road Department.
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SECTION 701 EXCEPTIONS AUTHORIZED
Exceptions and conditional exceptions to the regulations prescribed by this
ordinance may be authorized by the Planning Commission in accordance with
Section 704 of this Article.
'UrTMN 7n2 APP! T UTMN
Application for an exception will be made to the Planning Commission on a form
prescribed by the Commission. The subdivider shall state fully the qrounds of
the application, the facts relied upon and any other data pertinent to the
findings prerequisite to the granting of an exception prescribed in Section 704
of this Article. The application shall be filed at the time of filing_ the
preliminary plat of a subdivision.
SECTION 703 REFERRALS
The Planning Director shall transmit copies of the application for an exception
to the Subdivision Committee toqether wi-en requests for recommendations on the
proposed exception. Any exceptions requested by the subdivider shall be made
the subject of study by the Subdivision Committee and report by the Planning
Director to the Planning Commission.
WOM
SECTION 704 ACTION OF PLANNING COMMISSION
The Planning Commission shall consider the application for an exception at the
same meeting at which it considers the preliminary map. An exception may be
granted unqualifiedly, or may be granted subject to prescribed conditions,
provided that the Commission shall make all of the following findings:
A. That there are special circumstances or conditions affectinq the property
that do not normally apply to other property and that such circumstances
or conditions make it impossible or impractical to comply with the ordinance.
B. That the exception is necessary for the proper design and/or function of
the subdivision.
C. That the granting of the exception will not be detrimental to the public
welfare or injurious to other property in the area in which the property
is situated.
D. That the granting of the exception is in accordance with the purposes and
objectives prescribed in Article 1 of this ordinance,
E. That the exception is necessary for the preservation and enjoyment of a
substantial property right because of an extraordinary hardship which
would result from strict compliance with the regulations of this ordinance.
The Planning Commission shall deny an application for an exception if the
Commission cannot make the findings prescribed above.
SECTION 705 APPEAL TO COUNTY BOARD OF COMMISSIONERS
The Planning Commission's action on an application for an exception may be
made the subject of an appeal by the subdivider to the County Board of
Commissioners. The appeal shall be filed with the Board of Commissioners
in writing within ten (10) days after Planning Commission action and shall
state specifically wherein it is claimed that there was an error or abuse
of discretion by the Planning Commission. The County Board of Commissioners
may sustain, reject or overrule any recomendations or rulings of the Planning
Commission, provided, however, that such action shall not be inconsistent
with the provisions of this ordinance.
SECTION 706 PLANNED UNIT DEVELOPMENT
1. Planned unit developments, involving the careful application of design,
are encouraged to achieve a more functional, esthetically pleasing and
harmonious living environment within the County than might be achieved
otherwise through strict adherence to the regulations of this ordinance.
In certain instances, the objectives of this ordinance may be achieved
by the development of planned units which do not conform with the more
conventional standards of subdivision design and improvement prescribed
by this ordinance.
2. A planned unit development approach may be utilized in the design and
development of an urban, suburban or rural recreation subdivision, but
may not be utilized for a rural subdivision.
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3. A planned unit development may include lots, blocks, streets and other
improvements in an arrangement which will accommodate a variety of
dwelling types and a variety of land uses which are made to complement
each other and harmonize with existinq or planned uses in the vicinity,
by innovation in design.
A planned unit development includes, without exception, an open space
or recreational area designed for the use and benefit of all the dwelli
units or lots in the development. Lots shall be designed to have direc
access to and frontage on open space.
In order to provide for the design and location of such well planned devel-
opments, the Planninq Commission is empowered to orant exceptions to the
regulations of this ordinance, followinq review and recommendation by the
Subdivision Committee, in the manner prescribed by this Article and this
Section.
C. STANDARDS
1. A planned unit development may involve a plan and proqram for the devel-
opment of a complete community or unit thereof; provided, however, that
a planned unit development shall involve a site area of not less than
10 acres.
2. The standards of rights-of-way, street improvement and subdivision
design may vary from those prescribed in Articles 2 and 3 of this
ordinance, provided that the subdivider can demonstrate by his design
proposal and such additional evidence as may be submitted that the
purposes of this Article and the objectives of this ordinance will
be achieved.
3. The minimum area, width, depth and frontaqe of lots may be less than
that prescribed for urban and suburban subdivisions in Section 302
of this ordinance, provided that reductions in lot areas are compen-
sated for open space. Rural Recreation Subdivisions may have similar
reductions in lot requirements when a domestic water system is developed.
4. Planned development subdivisions may be designed to provide for increased
overall densities up to fifty percent (50%) more than that which would
be created by the strict adherence to the minimum standards of Section
302 for urban and suburban subdivisions provided that the subdivision is
designed for the following purposes®
a. A building development project, rather than for a lot sale or
promotional sales program.
b. Multiple dwelling units as may be incorporated into the design,
such as a condominium project,;
c. Cluster housing development for the purpose of obtaining maximum
open space and/or recreation benefits.
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5. Maintenance of Open Space® As a condition of approvinq the subdivision
of a planned unit development and qrantinq modifications to the standard
subdivision requirements, the subdivider shall present in writina with
the tentative maps the means by which the preservation and permanent
maintenance of the open spaces or recreational areas, which includes
all private driveways, walkways and other areas owned in common, is to
be accomplished and the payment of taxes thereon assured. No exceptions
to the standard subdivision requirements shall be permitted unless the
Planning Commission determines that the subdivider has adequately pro-
vided for the permanent maintenance of open space and payment of taxes.
ARTICLE 8 PENALTIES, ENFORCEMENT, CONSTITUTIONALITY, ENACTtAEN
2
SECTION 801 PENALTIES
Any offer to sell, contract to sell, sale, or deed of conveyance of a subdivision
or any part thereof, before a final plat thereof in full compliance with the
provisions of this Ordinance has been duly recorded shall be a misdemeanor, and
any person, 4irm, partnership or corporation, upon conviction thereof, shall be
punishable by a fine of not more than Five Hundred Dollars ($500.00)" or by
imprisonment in'the County Jail for a period of not more than six (6) months,
or by both such fine and imprisonment, except that nothing herein contained shall
be deemed to bar any legal, equitable, or summary remedy to which the county
or any other political subdivision, or person, firm, partnership or corporation
may otherwise be entitled; and the county or any other political subdivision, or
person, firm, partnership or corporation may file a suit in the superior court
of the county to restrain or enjoin any attempted or proposed subdivision or
sale in violation of this ordinance.
SECTION 802 ENFORCE14ENT
It shall be the responsibility of the Planniqn Director to notify the District
Attorney of any violation of this Ordinance and to sign any necessary complaints.
SECTION 803 VOIDABLE CONVEYANCES
Any deed of conveyance, sale or contract to sell made contrary to the provisions
of this Ordinance is voidable at the sole option of the qrantee, buyer or person
contracting to purchase, his heirs, personal representative, or, trustee in
insolvency or bankruptcy within one (1) year after the date of execution of the
deed of conveyance, sale or contract to sell, but the deed of conveyance, sale
or contract to sell is binding upon any assignee to transferee of the grantee,
buyer or person contracting to purchase, other than those above enumerated, and
upon the grantor, vendor, or person contracting to sell, or his assignee, heir
or devisee.
SECTION 804 COMPLIANCE WITH OREGON REAL ESTATE REGULATIONS
Prior to the sale of or contract to sell any lot within a subdivision, a final
subdivision plat shall be recorded and the subdivider shall file a "Notice of
intent" with the Oregon State Board of Real Estate.
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If any section, sub -section, sentence, clause or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of the Ordinance. The County Board of Commissioners
of the County of Deschutes hereby declares that it would have passed this
Ordinance and each section, sub -section, sentence, clause and phrase thereof,
irrespective of the fact that any one or more of other sections, sub -sections,
clauses or phrases be declared invalid or unconstitutional.
This ordinance may • amended • repealed as provided by law.
SECTION 807 ENACTMENT
This Ordinance shall take effect and be in force at the expiration of 21 days
from and after its passage, which date is October 1, 1970.
Passed and adopted by the Board of Commissioners of the County of Deschutes,
State of Oregononthe 9th day of September, 1970.
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L�
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1507 sxsT FIRST STREET ° PHONE 389'1101
BEND. OREGON y77o1
R E SOLUT|ON
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I t s*ha'|l be the po|icy of the DaSchufes County P|anning Comm(ssi.on,
by authority of Article 7 of County Ordinance No. PL -2, to grant e
conditional exoepfion to the minimum lot area required for Rural Sub-
divisions as defined in Ordinance No. PL -2 for -the purpose of providing
for two classes of rural subdivision development; provided that the
'
qualifying criteria specified by this policy Can be met. The two classes
of Rural Subdivisions are as follows:
Cl ass |. "Rural Subdivision" as defined by ordinance having a
mioim.um gross lot area of 5 acres.
Class ||. "Rural Subdivision" when approved under the provisions
of this policy, when an exception has been granted,
having a minimum gross lot area of 2 1/2 acres.
In considering an axospfl*Vn for a Class || Rural Subdivision, the
'
following qualifying criteria shall apply before the Planning Commission
may grant such exception:
1. Topographical conditions exist which -prohibits the' feasibility
and/or potential for limitted or major farm or agricultural use. ,
'2^ 8 domestic water system must be developed the some as required
for Suburban Subdivisions in Ord[nance PL -Z. '
3~ The lot Size must first be ap'roved by the DJunfv Sanitarian
relative to the adequacy of sewage disposal facilities.
"
' 4. The area being subdivided must be sufficiently secluded (f000-
graphica||y) to preclude the effects of the |oSS of rural character-
istics as may
�bm seen from scenic routes as designated by the
Deschutes County Comprehensive Plan. Additional requirements of ,
development may be required to accomplish this criteria.
5. In the opinion of the Planning Commission ' , the policies and
objectives of the Deschutes County Comprehensive Plan wi I I be upheld,
In order for the Planning Commission to consider such an exception,
the subdivider 5hal| submit a written request for a Class || Rural Sub-
division at the time a pre |iminary map is filed with the Planning Director.
The request sha|| explain how the subdivider can qualify under the
criteria of this policy.
Approved by the Deschutes County Planning Commission this 25th day of
' May /971.
'
. �
. �[}�n Hinman, C;noirman .
;j
R E SO[UT(ON
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The DoschufeS Couniy Board of Commissioners' by author/' of County
Ordinance No. PL -6, does rcsolve as fello...1s':
.-7 '.
.,�
N����
the D-�schutics County Board 'of Coaamis5imners have ConSidored
. 1he.nOoarsify 'of c-sfub)ishing a s'ubdiv/sion filing fca to cover
'
the costs of roviaxing and procos�,Inr, subdivision plats pursuant
to Couniy Subdivision Ordinance No. PL -2^ and
WHEREAS, the 1)2schufes Couufv Board of Commissioners recognizes that SuCh
costs should be defrayed by the subdivider rafher than the general' '
public un�'ar General Fund fax/ and
VY{EEE7\S" the., DaSchotes Counfy Planning CQ'mmissi[m has, by unanimous
action, recmnnanded fhof a Subdiv'
/sion� fi�[ng foe b� ���a�/ishod'
that such foe be paid at the time a pro/im��nary Subdivision plat
is filed with the Doschufes County Planning Qsparfman"'.and
0HEREAS, DeschVfeS County {� authorized to esfah/[ � h
�� such fees, pursuant
to O. R. S. Chapter 215 and County Ordinance No. PL -8, recognizing
that if has adopted a Comprehensive Plan as required 'y law and has
adonfad o subdivision ordinance as provided by Statute; '
NO'N' THEREFORE/ BE IT RESOLVED fhof a subdivision '{/(ng- fa' is hereby '
established in the aoount o $71.00 plus $2.00 per |zi to cover fh-:!
�
Cost of services provided {n connection with the filing oil subdiv- '
islon plans; Said fee tob� posted with the County Planning Director.
'
. at the time a preliminary plat is filed with theoScbutgs County ~
'
Planning Deepartmanf and before such subdivision plat may be submitted
_ to and cons iderad by the Deschutes County '/�nn�nQ Commission pursuant
t6 Coun�v Ordinance No. PL -G. ' ' '
-
-
Passed and approved by Order of the Deschutes County Board of Commissioners
this |sf day of September1971.
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ATTEST: ^
UoInty
Clerk
v
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-,��.
At the time of filing the final plat, the subdivider shall pay such fees to
the County Clerk as may be set by resolution of the County Board of Commis-
sioners.
SECTION 603 FORM OF FINAL PLAT
The final plat shall be submitted in the form prescribed by the Plats and
Subdivision Act.
MENEM=
The final plat shall show the followinq:
A. The plat number and name of the subdivision, if any, date of preparation,
north point and scale.
B. A legal description of all the property being subdivided, by reference to
recorded subdivisions and sectional surveys.
C. Affidavits, certificates, acknowledgments, endorsements, acceptances of
dedication and notarial seals required by law and by this Ordinance.
D. The locations, names and widths of streets.
_4>
E. The locations and widths of pedestrianways.
F. The locations and dimensions of public areas and the net acreage. -
G. The widths and side lines of all easements to which the lots are subject,
and the book and page number of the County records in which the easement
appears. If the easement is not definitely located of record, the dimen-
sions of the easement shall appear on the drawing. Easements for utilities
and other similar purposes shall be denoted by broken lines.
H. Locations and widths of drainage channels, railroad rights-of-way, reserve
strips, and of streets, alleys and pedestrianways adjacent to the proposed
subdivision.
I. Limitations on riqhts of access to and -from streets and lots and oth
parcels of land; dedications of access rights to specific lots where
appropriate.
J. City boundary lines, near or adjacent to the subdivision.
K. Normal high water lines for any creek, river, or other body of water.
L. The net dimensions of each lot. Ditto marks may be used where lot dimen-
sions are repetitively identical. Sufficient data shall be shown to
determine readily the bearing and length of each lot line.
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ti® Lot numbers beginninq with the number "l" and numbered consecutively in
each block; block numbers beginning with the number 'I" and continuing
consecutively without omission or duplication throughout the subdivision.
Block numbers in an addition to a subdivision of the same name shall be
a continuation of the numbering in the original subdivision.
N. Front building setback lines from streets as prescribed in Section 302,
Table 3 of this ordinance.
0. Any additional information required by the Planninq Commission as i.
condon of preliminary plat approval.
P. The following surveying data:
1. The radius, length and central angle of curves.
2. The location of all permanent monuments within the Proposed subdivision.
3. Ties to and names of adjacent subdivisions.
4. Ties to any boundary lines involved.
SECTION 605 SURVEY REQUIREMENTS
A. A complete and accurate survey of the land to be subdivided shall be made
by an engineer or surveyor licensed to practice in the State of Oregon,
in accordance with standard practices and principles of land surveying.
B. The traverse of the exterior boundaries of a subdivision plat and of each
block and lot shall close within a limit of error as specified by State
law.
Ma"Italk, -
CERTIFICATES ON FINAL PLAT
The following certificates and acknowledgments and others required by State law
shall appear on the final plat. Such certificates may be combined where
appropriate.
A. A certificate of ownership, signed and acknowledged by the record owner and
all parties owning an interest in the property, consentinq to the preparation
and recordation of the final plat, offering for dedication all parcels of
land, streets, alleys, pedestrianways, drainage channels, easements and other
rights-of-way intended for public use, and, offering for dedication rights
of access to and from prescribed streets, lots and parcels of land.
B. A certificate of the reaistered engineer or licensed surveyor who prepared
the survey and the final plat.
C. A certificate for execution by the Chairman of the Planning Commission in
behalf of the Planning Commission.
'Z
D. A certificate for execution by the County Plannina Director.
is E. A certificate for execution by the County Surveyor.
F. A certificate for execution by the County Tax Collector.
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G . A certificate for execution by the County Assessor.
40
H.
A
certificate
for
execution
by
the
Irrigation District, where applicable.
I.
A
certificate
for
execution
by
the
County Board of Commissioners.
SECTION 607 DEDICATIONS AND PUBLIC UTILITY REQUIREMENTS
A. All parcels of land shown on the final plat as intended for public use
shall be offered for dedication for public use at the time the plat is
filed, except those parcels which are intended for the exclusive use of
lot owners in the subdivision, their licensees, visitors, tenants and
servants, and except parcels of land reserved for public use under the
provisions of Section 307 of this ordinance.
B. All streets, pedestrianways, drainage channels, easements and other
rights-of-way shown on the final plat as intended for public use, shall
be offered for dedication for public use at the time the final plat is
filed.
C. All riqh+.-rz of access to and from streets, lots and parcels of land shown
on the final plat intended to be surrendered shall be offered for dedication
at the time the final plat is filed.
SECTION 608 DESIGNATION AND CONVEYANCE OF RESERVE STRIPS AS LOTS
One (1) foot reserve strips provided across the end of stubbed streets adjoining
unsubdivided land or along half streets adjoining unsubdivided land shall be
designated, provided, however, that such reserve strip lots shall be exempt
from all other provisions of this Ordinance which novern the size or shape of
lots or which are otherwise applicable to lots. These reserve strips shall be
offered to the County for dedication at the time the final plat is recorded;
however, all rights of vehicular access across said reserve strias shall be
abandoned until such time as additional adjacent rinht-of-way is acquired by
the County.
SECTION 609 IMPROVEMENT PLANS
A complete set of Improvement Plans shall be submitted and approved by the De-
partment of Public Works prior to the start of construction. Improvement plans,
at the discretion of the County Road Department, may include improvements for
drainage works. Improv - ement plans for street signs shall be included. The basic
information required for the set of Improvement Plans is available from the Public
Works Department.
A. The subdivider shall improve, or agree to improve, all lands dedicated
for streets, alleys, pedestrianways, drainaqe channels, easements and
other rights-of-way as a condition precedent to acceptance thereof and
approval of the final plat, subject to the exceptions prescribed under
Paragraph J, Section 301 of this Ordinance.
SFVE
B. Improvements shall conform with the specifications of design and materials
as provided in the standard specifications adopted by the County Board of
Commissioners. The subdivider shall give notice to the County Road 40Depart-
ment prior to the commencement of construction of improvements.
C. The County shall have the right to enter upon the sites of improvements for
the purpose of inspecting them.
SECTION 611 MONUMENTS
A. All monuments shall be marked or tagged according to the provisions of
State law.
B. In making the survey for the subdivision,
permanent monuments prior to the recording
survey or any part thereof may be readily
depth of monuments shall be in accordance
SECTION 612 EVIDENCE OF 14ATER SUPPLY
the surveyor shall set sufficient,
of the final plat so that the
retraced. The size, type and
with the Standard Specifications.
Proof of available water supply adequate to serve each lot as required in
Section 205 of this ordinance shall be provided prior to approval of the final
plat by the Planning Commission and acceptance by the County Board of Commis-
sioners.
ommis-
sioners.
0 SECTION 613 PROCEDURE FOR PROCESSING FINAL PLAT
The County Planning Director, who is responsible to the County Planning Commis-
sion and Board of Commissioners for the administration of this ordinance, shall
be responsible for final plat conformance to preliminary plat approval and final
plat processing and submittal to the County Planning Commission and Board of
Commissioners pursuant to the provisions of this Section.
A. The final plat shall be submitted to the County Surveyor who shall examine
the final plat and determine the sufficiency of affidavits and acknowledg-
ments, the correctness of surveying data, mathematical data and computations,
and determine whether the provisions of the Plats and Subdivisions Act and
the Final Map requirements of this Ordinance have been complied with. The
subdivider shall provide traverse sheets and work sheets or accurate and
complete electronic computations showing the closure of the exterior bound-
aries of the subdivision as required by the County Surveyor. The final plat
shall be returned to the subdivider with notations as to errors or omissions,
if any. If the final plat is found to be correct, the matters shown thereon
are sufficient and all applicable provisions of the Plats and Subdivisions
Act and this Ordinance have been complied with, the County Surveyor shall
certify his approval on the original plat.
B.1zlrequired improvement plans, profiles and specifications of proposed
improvements shall be submitted to the County Road Department for approval
prior to the time the final plat is submitted for checking. Where standards
and specifications are the same as those adopted by the County Board of
Commissioners, they may be submitted be reference.
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C. Any performance agreement required shall be submitted to the County Road
Department on forms provided thereby. The Road Department shall determine
that the security amount proposed pursuant to Section 614 herein, is
40 adequate to cover the cost of all required improvement and related work.
Where improvement plans are required, approval of such plans shall include
a performance agreement.
D. After the final plat has been checked and certified by the County Surveyor,
the final plat shall be submitted to the County Planning Director who shall
deliver the plat to the Assessor, Tax Collector and applicable Irrigation
District for certifications (unless done by the subdivider or aqent). If
the final plat conforms to the preliminary plat as approved by 'the Plannina
Commission and no changes have been made which have not been approved by
the Planning Commission, the Planning Director shall submit the final plat
to the Chairman of the Planning Commission who shall certify the final plat
on behalf of the Commission.
E. After the final plat has been checked and approved as provided in this
Section, and when all the certificates which appear on the final plat except
the approval certificates of the County Board of Commissioners and County
Clerk, have been signed and, where necessary, acknowledged, the Plannina
Director shall certify the final plat and submit the plat, along with any
proposed improvements agreement to the County Board of Commissioners for
approval. The Planning Director shall so notify the subdivider.
F. Upon receipt of the final plat, the County Board of Commissioners shall
consider said plat, the plan of the subdivision and*the offers of dedication
in accordance with the requirements of this Ordinance. if the subdivider
has entered into an agreement with the County Board of Commissioners in
accordance with the provisions of Section 614 of this Ordinance, the County
Board of Commissioners shall approve the final plat. No plat shall have
any force or effect until the same has been approved by the County Board
of Commissioners, and no title to any property described in any offer of
dedication shall pass until the final plat has been recorded.
SECTION 614 IMPROVEMENTS AGREEMENT
A. Prior to the approval by the County Board of Commissioners of the final
plat, the subdivider shall execute and file an agreement between himself
and the County Board of Commissioners, specifying the period within which
he or his agent or contractor shall complete all improvement work, and
providing that, if he shall fail to complete such work within such period,
the County shall call on the Surety to complete the same. The agreement
shall provide for inspection of all improvements by the County. Such
agreement may provide (a) for the construction of the improvements in units,
(b) for an extension of time under conditions therein specified, and (c) for
progress payment. The subdivider shall file with the aforesaid anreement,
to assure his full and faithful performance thereof, a bond for such sum as
is by the County Road Department deemed sufficient to cover the cost of said
improvements, and incidental expenses, and to cover replacement and repair of
existing streets and other improvements damaged in the development of the
subdivision. Such bond shall be executed by a surety company authorized by
the District Attorney as to form. In lieu of said bonds, the subdivider may
elect any one of the following alternatives to assure full and faithful
performance.
2 ":
1. A Time Certificate of. Deposit naming Deschutes County as beneficiary
shall be placed on file with Deschutes County by the Developer or subdivider.
2. The subdivider may submit written certification by a bank or other reputable
lending institution that money is being held to cover the cost of the improve-
ments and incidental expenses and that the last 10 percent of the commitment
for improvements will not be released until written authorization is received
from the Road Department.
ARTICLE 7 EXCEPTIONS
Exceptions and conditional exceptions to the regulations prescribed by this
ordinance may be authorized by the Planning Commission in accordance with
Section 704 of this Article.
SECTION 702 APPLICATION
Application for an exception will be made to the Planning Commission on a form
prescribed by the Commission. The subdivider shall state fully the grounds of
the application, the facts relied upon and any other data pertinent to the
findings prerequisite to the granting of an exception prescribed in Section 704
of this Article. The application shall be filed at the time of filing the
preliminary plat of a subdivision.
SECTION 703 REFERRALS
The Planning Director shall transmit copies of the application for an exception
to the Subdivision Committee toqether witn requests for recommendations on the
proposed exception. Any exceptions requested by the subdivider shall be made
the subject of study by the Subdivision Committee and report by the Planning
Director to the Planning Commission.
SECTION 704 ACTION OF PLANNING COMMISSION
The Planning Commission shall consider the application for an exception at the
same meeting at which it considers the preliminary map. An exception may be
40 granted unqualifiedly, or may be granted subject to prescribed conditions,
provided that the Commission shall make all of the following findings:
A. That there are special circumstances or conditions affecting the property
that do not normally apply to other property and that such circumstanc,.:,s
or conditions make it impossible or impractical to comply with the ordinance.
B. That the exception is necessary for the proper design and/or function of
the subdivision.
C. That the granting of the exception will not be detrimental to the public
welfare or injurious to other property in the area in which the property
is situated.
D. That the granting of the exception is in accordance with the purposes and
objectives prescribed in Article 1 of this ordinance.
E. That the exception is necessary for the preservation and enjoyment of a
substantial property right because of an extraordinary hardship which
would result from strict compliance with the regulations of this ordinance.
The Planning Commission shall deny an application for an exception if the
Commission cannot make the findings prescribed above.
SECTION 705 APPEAL TO COUNTY BOARD OF COMMISSIONERS.
The Planning Commission's action on an application for an exception may be
made the subject of an appeal by the subdivider to the County Board of
Commissioners. The appeal shall be filed with the Board of Commissioners
in writing within ten (10) days after Planning Commission action and shall
state specifically wherein it is claimed that there was an error or abuse
of discretion by the Planning Commission. The County Board of Commissioners
may sustain, reject or overrule any recomendations or rulings of the Planning
Commission, provided, however, that such action shall not be inconsistent
with the provisions of this ordinance.
SECTION 706 PLANNED UNIT DEVELOPMENT
1. Planned unit developments, involving the careful application of design,
are encouraged to achieve a more functional, esthetically pleasing and
harmonious living environment within the County than might be achieved
otherwise through strict adherence to the regulations of this ordinance.
In certain instances, the objectives of this ordinance may be achieved
by the development of planned units which do not conform with the more
conventional standards of subdivision design and improvement prescribed
by this ordinance.
2. A planned unit development approach may be utilized in the design and
development of an urban, suburban or rural recreation subdivision, but
may not be utilized for a rural subdivision.
30 -
3. A planned unit development may include lots, blocks, streets and other
improvements in an arrangement which will accommodate a variety of
dwelling types and a variety of land uses which are made to complement
40 each other and harmonize with existinq or planned uses in the vicinity,
by innovation in design.
4. A planned unit development includes, without exception, an open space
or recreational area designed for the use and benefit of all the dwellino
units or lots in the development. Lots shall be designed to have direct
access to and frontage on open space.
In order to provide for the design and location
opments, the Planninq Commission is empowered to
regulations of this ordinance, followinq review
Subdivision Committee, in the manner prescribed
Section.
WIMM"M
of such well planned devel-
arant exceptions to the
and recommendation by the
by this Article and this
1. A planned unit development may involve a plan and proqram for the devel-
opment of a complete community or unit thereof; provided, however, that
a planned unit development shall involve a site area of not less than
10 acres.
2. The standards of rights-of-way, street improvement and subdivision
design may vary from those prescribed in Articles 2 and 3 of this
ordinance, provided that the subdivider can demonstrate by his design
proposal and such additional evidence as may be submitted that the
purposes of this Article and the objectives of this ordinance will
be achieved.
3. The minimum area, width, depth and frontaqe of lots may be less than
that prescribed for urban and suburban subdivisions in Section 302
of this ordinance, provided that reductions in lot areas are compen-
sated for open space. Rural Recreation Subdivisions may have similar
reductions in lot requirements when a domestic water system is developed.
4. Planned development subdivisions may be designed to provide for increased
overall densities up to fifty percent (50%) more than that which would
be created by the strict adherence to the minimum standards of Section
302 for urban and suburban subdivisions provided that the subdivision is
designed for the following purposes:
i. A building development project, rather than for a lot sale or
promotional sales program.
b. Multiple dwelling units as may be incorporated into the design,
such as a condominium project_
c. Cluster housing development for the purpose of obtaining maximum
open space and/or recreation benefits.
31
5. Maintenance of Open Space: As a condition of approving the subdivision
of a planned unit development and qrantinq modifications to the standard
subdivision requirements, the subdivider shall present in writinq with
the tentative maps the means by which the preservation and permanent
maintenance of the open spaces or recreational areas, which includes
all private driveways, walkways and other areas owned in common, is to
be accomplished and the payment of taxes thereon assured. No exceptions
to the standard subdivision requirements shall be permitted unless the
Planning Commission determines that the subdivider has adequately pro-
vided for the permanent maintenance of open space and payment of taxes.
ARTICLE 8 PENALTIES, ENFORCEMENT, CONSTITUTIONALITY, ENACTMENT
SECTION 801 PENALTIES
Any offer to sell, contract to sell, sale, or deed of conveyance of a subdivision
or any part thereof, before a final plat thereof in full compliance with the
provisions of this Ordinance has been duly recorded shall be a misdemeanor, and
any person, partnership or corporation, upon conviction thereof, shall be
punishable by a fine of not more than Five Hundred Dollars ($500.00), or by
imprisonment in'the County Jail for a period of not more than six (6) months,
or by both such fine and imprisonment, except that nothing herein contained shall
be deemed to bar any legal, equitable, or summary remedy to which the county
or any other political subdivision, or person, firm, partnership or corporation
may otherwise be entitled; and the county or any other Political subdivision, or
person, firm, partnership or corporation may file a suit in the superior court
of the county to restrain or enjoin any attempted or proposed subdivision or
sale in violation of this ordinance.
SECTION 802 ENFORCEMENT
It shall be the responsibility of the Planniqn Director to notify the District
Attorney of any violation of this Ordinance and to sign any necessary complaints.
SECTION 803
VOIDABLE CONVEYANCES
Any deed of conveyance, sale or contract to sell made contrary to the provisions
of this Ordinance is voidable at the sole option of the grantee, buyer or person
contracting to purchase, his heirs, personal representative, or trustee in
insolvency or bankruptcy within one (1) year after the date of execution of the
deed of conveyance, sale or contract to sell, but the deed of conveyance, sale
or contract to sell is binding upon any assignee to transferee of the grantee,
buyer or person contracting to purchase, other than those above enumerated, and
upon the grantor, vendor, or person contracting to sell, or his assignee, heir
or devisee.
SECTION 804 COMPLIANCE 14ITH OREGON REAL ESTATE REGULATIONS
Prior to the sale of or contract to sell any lot within a subdivision, a final
subdivision plat shall be recorded and the subdivider shall file a "Notice of
intent" with the Oregon State Board of Real Estate.
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If any section, sub -section, sentence, clause or phrase of this Ordinance is
40 for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of the Ordinance. The County Board of Commissioners
of the County of Deschutes hereby declares that it would have passed this
Ordinance and each section, sub -section, sentence, clause and phrase thereof,
irrespective of the fact that any one or more of other sections, sub -sections,
clauses or phrases be declared invalid or unconstitutional.
0
This ordinance may be amended or repealed as provided by law.
SECTION 807 ENACTMENT
This Ordinance shall take effect and be in force at the expiration of 21 days
from and after its passage, which date is October 1, 1970.
Passed and adopted by the Board of Commissioners of the County of Deschutes,
State of Oregon on the 9th day of September, 1970.
.k
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-_-�'.'� -_ --- ' '
1507 EAST FIRST STREET ° PHONE 389-1101
BEND, OREGON s77o1
RES0LUT|0N
It s'ha"/l be the policy of the Deschutes County Planning Commissl.on,
by authority of Article 7 of DJunfv Ordinance No. PL -2, to grant o
oondifiona| excepfion to the minimum lot area required for Rural Sub-
divisions as defined in Ordinance No. PL -2 for -the purpose of providing
for two classes of rural subdivision development; provided that the
qualifying criteria specified by this policy can be met. The two classes
of Rural Subdivisions are as follows:
Cl ass |, "Rural Subdivision" as defined by ordinance having a
minim.um gross lot area of 5 acres.
Class ||. nRuno1 Subdivision" when approved under the provisions
of this policy, when on exception has been granted,
having a minimum gross lot area of 2 1/2 acres.
In considering an excepfi'on for a Class || Rural Subdivision, the
following qualifying criteria shall apply before the Planning Commission
may grant such exception:
1. Topcigraphical conditions exist which -prohibits the' feasibility
and/or potential for limitted or major farm or agricultural use. .
'2. A domestic water system must be developed the same as required
for Suburban Subdivisions in Ord[nancg PL -2.
'
3. The lot size must first be ap'rovgd by the County Sanitarian
relative to the adequacy of Sewage disposal facilities.
°
' 4. The area being subdivided must be sufficiently secluded (topo-
graphically) 'to pnaC}udg the effects of the loss of rural character-
istics as may be seen from scenic routes as designated by the
Deschutes County Comprehensive Plan. Additional requirements Of
development may be required to accomplish this criteria.
5. In the opinion of the Planning Commission ' , the policies and
*bjectives of the Deschutes County Comprehensive Plan will be uphel!
In order for the Planning Commission to consider such On exception,
the subdivider shall submit a written request for a Class {| Rural Sub-
division at the time a preliminary map is filed with the Planning Director.
The request shall explain how the subdivider can qualify under the
criteria of this policy. .
Approved by the Deschutes County Planning Commission this 25th day of
May 1971.
''...
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.
enman,
C;nai rmon �-.
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RES 0 LUT|ON
~
�The Deschutes County Board of Commissicnors, by nufhnr}' of County
|�rdin�nco No. PL-�, �oas rosn|ve as fo||oxs':
WHEREAS, the Daschufos Couofv Board of Con-amissioners have considored
. ih8.necoSsify of esfub/ish|nQ a s'uhdiv(sion IN ling fee to cover
the costs of rovieying and processing subdivision plats pursuant
to County Subdivision Ordinance No. PL -2, and
WHEREAS, the Do5chu-IoE; County Board of Commissioners recognizes that such
costs should be defrayed by the subdivider rafhor than the general'
public unO'zr General Fund fax, and
WHEREAS, the Dascho+es Counfy Planning Ca'mmissiCm has, by uoan/mous
action, recmnrr,anded that a Subdivision filing foe be eSfab|ished;
that such fee be paid at the time o prm/im'inary subdivision plat
is filed xifh the Doschufes County Planning Daparfmenf^.and
NHERE83, Deschu1oS County is authorized to establish such fees, pursun-nf
to 0. R. S. Chapter 215 and County Ordinance No. PL -6, racogniZino
that it has adopted a Comprehensive Plan as required by law and has
adopted a subdivision ordinance as provided by Statute;
- ~
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. NOU THEREFORE, BE IT RESOLVED that a subdivision f i I ing- fee IS hereby '
estab!is-hed in the aomunf of $711.0O p|us $2.00 per lot to cover ftc
cost- of services provided Jn connection with the fiiin� of subdiv-
.
i s;on pIans; sald foa to be posted wi|h the County Planning Director.
at the flme a preliminary plat is filed with the Do-Schufus County
planning Department and before such subdivision plat may be submitted
_ to and considered by the Deschutes County Planning Commission pursuant
to CoVniv Ordinance No. P[-6. ' .
-
Passed and approved by Order of the Deschutes County Board of Commissioners
this Isf day of September 1971.
ATTEST: rnmiTy
. . .
'."4IIS S|Ot
�-a z 1- .10 /_ - V ~-e .