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HomeMy WebLinkAboutPL7N TABLE OF CONTENTS ARTICLE I. 1.000 Purpose 2.000 Scope of Ordinance 3.000 Definitions 4.000 Criteria for Approval of a Proposed Land Partition 4.100 Criteria for Approval of a Final Map or Final Drawing 5.000 Necessity of Approval 5.100 Submission of Preliminary Drawing or Tentative Map 5.200 Form and Scale of Preliminary Drawing 5.300 Form and Scale of Tentative Map 5.400 Information on Preliminary Drawing or Tentative Map ARTICLE III. REVIEW OF PRELIMINARY DRAWING AND TENTATIVE MAP 6.000 Review of Preliminary Drawing and Tentative Map 6.100 Review by the Planning Director 6.200 Planning Commission Review ARTICLE IV. FINAL DRAWING - FORM AND SCALE 7-000 Final Drawing - Form and Scale 7.100 Final Map - Form and Scale 7.200 Final Drawing and Final Map Information 7.300 Additional Information for Final Map 7.400 Supplementary Information to be Presented with Final Drawing or map 7.500 Exceptions to Survey Requirements for Final Drawings 7.600 Final Drawing or Map Monumentation ARTICLE V. REVIEW OF FINAL DRAWING OR FINAL MAP 8.000 Review by Planning Department 8.100 Review by the County Surveyor 8.200 Agreement for Improvements and Bonding Requirements for Major Partitions 8.210 Improvement Bond 8.300 Approval of the Final Drawing or Map 8.350 Resubmission 8.400 Signatures on Final Drawing or Map 8.500 Filing of Final Map ARTICLE VI. DESIGN AND IMPROVEMENT STANDARDS 9.000 Conformance to Comprehensive Plan and Zoning Ordinance 9.100 Dedication of Streets and Alleys i R] 9.200 Street Standards 9.250 Private Roads 9.255 Intersection Angles 9-.260 Dead-end Streets and Cul-de-sacs 9.270 Reserve Strips 9.280 Alignment 9.290 Future Extension of Streets 9.300 Access 9.305 Limited Access 9.320 Existing Streets 9.350 Utilities Easements 9.360 Drainage Easements 9.370 Slope Easement 9.380 Parcels 9.390 Building Lines 9.400 Large Parcel Development 9.500 Water Supply - 9.600 Sewage Disposal 9.700 Construction Plans 9.800 Approval of Streets or Roads 9.825 Road Location 10.000 Installation of Certain Improvements Prior to Surfacing ARTICLE IX. VARIANCES AND APPEALS 11.000 Application for Variance 11.100 Considerations in Granting Variance 11.200 Planning Commission Action on Variances 12.000 Right of Appeal to Planning Commission 13.000 Appeal to Board of Commissioners 14.000 Civil Remedies 14-100 Criminal Penalties 15.000 Severability 16-000 Fee 17.000 Effective Date ARTICLE X. IE I DESCHUTES COUNTY LAND PARTITIMORDINANCE NO. PL -7 AN ORDINANCE REGULATING LAND PARTITIONING WITHIN THE UNINCORPORATED AREAS OF DESCHUTES COUNTY, OREGON The County of Deschutes ordains as follows: AUTHORITY: SECTION 1.000 This ordinance is enacted pursuant to the provisions of Oregon Revised Statutes Chapter 92. TITLE SECTION 1.100 This ordinance shall be known as the Deschutes County Land Partition Ordinance. ARTICLE I. SECTION 1.200 PURPOSE The purpose of this ordinance is to provide standards and procedures to govern the approval of the partitioning of land, to carry out the comprehensive plan of Deschutes County, to promote thepublic health, safety and general welfare, to lessen congestion in the streets, secure safety from fire, flood, slides, pollution and other dangers, provide adequate light and air, prevent overcrowding of land, and facilitate adequate provision for transportation, water supply, sewage, drainage, education, recreation and other needs of the people of Deschutes County. SECTION 2.000 SCOPE OF ORDINANCE. No person shall partition an area or tract of land without compliance with the provisions of this ordinance. 2.010 No person shall dispose of, transfer, sell or agree to sell any parcel in a major partition or a minor partition prior to final approval as required by the provisions of this ordinance. 2.020 No person partitioning a parcel of land shall lay out, construct, open or dedicate thereon a street, sanitary sewage disposal system, storm sewer, water supply or other improvements for public or common use unless the partitioning has received preliminary or tentative plan approval pursuant to the provisions of this ordinance. SECTION 3.000 DEFINITIONS.. As used in this ordinance, unless the context requires otherwise, words shall have the following meanings: 3.005 "Affected Governmental Body": a city, county, state or federal agency or special district which either has a jurisdictional interest or is of such proximity to the land partition that a reasonable likelihood of annexation exists. 3.097 "Affected Person Any person adversely affected oraggrieved by a decision relating to the partitioning of land. 3.010 "Agricultural purposes": the current employement of land primarily for the purpose of obtaining a profit in money by raising, harvesting and selling crops, or by the feeding, breeding, management and sale of or the produce of livestock, poultry, fur -bearing animals or honey bees, or for dairying and the sale of dairy products or any other agricultural or horticultural use or animal husbandry or any combination thereof. 3.015 "Alley": a narrow public way less in size than a street, which' is not designated for general travel, which is used primarily as a means of access to the rear of residences and business establishments and which, generally, affords only a secondary means of access to the property abutting along its length. 3.020 "Block": a tract of'land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights -of --way, bulkhead lines or shore lines of waterways, or corporate boundary lines of a city. 3.025 "Board of Commissioners". the Deschutes County. Board of Commissioners. 3.035 "Building": a structure which is designated and suitable for the habitation or shelter of human beings or animals or the shelter or storage of property, or for the use and occupation for some purpose of trade or manufacture. 3.040 "Building line": a line on a map indicating the limit beyond which buildings or other structures may not be erected or located. 3.050 "Comprehensive Plan": a generalized, coordinated land use map and policy statement of Deschutes County interrelating all functional and natural systems and activities relating to the use of land, including but not limited to sewer and water systems, transportation systems, education systems, recreational facilities, and natural resources and air and water quality management programs. IN 3.055 "Construction Plans the plans, profiles, cross-sections, and drawings, or reproductions thereof, approved by a registered professional engineer, which show the details of the work to be done on improvements. 3.060 "Developer": the person primarily responsible for coordination of the design, survey, construction and -finances of the proposed major partition or minor partition. 3.065 "Development": a parcel or tract of land partitioned pursuant to the provisions of this ordinance. 3.070 ""Divide": to create a parcel. 3.075 "Drainage easement": an easement required for drainage ditches, or required along a natural stream or water course to preserve the channel, to provide for the flow of water therein, and to safeguard the public against flood damage or the accumulation of surface water. 3.080 "Easement": a grant of a right to use the real property of another for specific purposes. 3.085 "Final Drawing": the final drawing of a minor partition conforming to Section 7.000 of this ordinance. 3.090 "Final Map": the final drawing of a major partitioning conforming to Section 7.100 of this, ordinance. 3,095 "Forest Purposes the current employment of land primarily for the purpose of raising or harvesting timber products. 3.100 "Improvements": include, *but are not limited to, streets, alleys, curbs, gutters, roadbed, road surface, storm drains and appurtenances, sidewalks, street lights, street signs, fire hydrants, sanitary sewers and appurtenances, public water supply and water distribution systems, and other utilities. 3.103 "LAND PARTITION REVIEW COMMITTEE": A committee consisting of the Planning Director, Sanitarian, Public Works Director,County Surveyor or their representatives established to review land partitions. 3.105 "Major Partition": a partition which includes the creation of a road or street. -3- LI 3.110 "Minor Partition": a partition which results in not more than three parcels fronting on an existing public street or road and does not require the creation of any new street or road or require the widening of an existing street or road. 3.115 "Monument": a permanent and fixed survey marker conforming to the requirements established by state law and the regulations of Deschutes County. 3.120 "Owner": any person having legal or equitable title to land sought to be partitioned other than legal title held for purposes of security only. 3.125 "Parcel": a unit of land that is created by a partitioning of land. 3.130 "Partition": either an act of partitioning land or an area or a tract of land partitioned as defined in this ordinance. 3.135 "Partition Land": to divide an area or tract of land into two or three parcels within a calendar year when such area or tract of land exists as a unit or continguous unit of land under single ownership at the beginning of such year. "Partition land" does not include divisions, of land resulting from lien foreclosures; divisions of land resulting from the creationof cemetery lots; and divisions of land made pursuant to a court order, including but not limited to court orders in proceedings involving testate or intestate succession; and "partition land" does not include any adjustment of a lot line by the relocation of a common boundary where an additional parcel is not created and where the existing parcel reduced in size by the adjustment is not reduced below the minimum lot size established by any applicable county ordinance. 3.140 "Pedestrian Way": a dedicated right-of-way for pedestrian traffic. 3.150 "Person": an individual, firm, partnership, corporation, company, association, syndicate, or any legal entity, and including any trustee, receiver, assignee or other similar representative thereof. 3.155 "Planning Commission": the Deschutes County Planning Commission. 3.160 "Potable water": water which is sufficiently free i from biological, chemical or radiological impurities so that users thereof will not be exposed to or threatened with exposure of disease or harmful -4- I r] physiological effects and which has such other physical properties as to be reasonably palatable to humans for drinking purposes. 3.165 "Preliminary Drawing": a drawing of a proposed minor partition conforming to the requirements of Section 5.200. 3.170 "Regulations": the provisions of this ordinance. 3.175 "Right-of-way": the area between the boundary lines of a street, road or other easement. 3.180 "Road": a public or private way which is created to provide ingress or egress for persons to one or more lots, parcels, areas or tracts of land, excluding a private way that is created to provide ingress or egress in conjunction with the use of such land for forestry, mining or agricultural purposes. 3.185 "Special District": a special district is any district defined in ORS 198.010. 3.190 "Street": a public or private way that is created to provide ingress or egress for persons to one or more lots, parcels, areas or tracts of land, excluding a private way that is created to provide ingress or egress to such land in conjunction with the use of such land for forestry, mining or agricultural purposes® 3.195 "Tentative Map": a map setting forth the proposed plan or a major partitioning in conformance with the provisions of this ordinance and subject to review and modification. 3.200 "Utilities": include electric, telephone, natural gas and other services providing for energy or communication needs. 3.205 "Water Supply": a source of water whether publicly or privately owned which serves two or more single residences or other users for the purpose of supplying potable water for drinking, culinary, or household uses. SECTION 4.000 CRITERIA FOR APPROVAL OF A PROPOSED LAND PARTITION. A land partition shall receive preliminary or final approval when the following facts are found to exist: (1) The proposed land partition conforms to the comprehensive plan, zoning ordinance, and other applicable -state and federal laws. (2) The proposed development will not conflict with easements icAuired by the public for access within or adjacent to the proposed land partition. -5- (3) The lots or parcels are located and laid out to properly relate to adjoining or nearby lot or parcel lines, utilities, streets and other existing or planned facilities. (4) The proposed development complies with all other applicable provisions of this ordinance. SECTION 4.100 CRITERIA FOR APPROVAL OF A FI;IAL MAP OR FINAL DRAWING In addition to the requirements of section 4.000, a final map or final drawing shall not receive approval unless the following facts are found to exist® (1) The streets or roads which are dedicated for public use are dedicated without reservation or restriction. (2) There has been a substantial conformance with the approved tentative map or preliminary drawing. (3) Streets and roads held for private use have been approved. (4) The final map or drawing complies with these regulations. (5) All necessary improvement agreements have been properly executed and an improvement bond or bonds filed with the improvement agreement. ARTICLE II. SUBMISSION OF MAP AND PRELIMINARY DRAWING SECTION 5.000 NECESSITY OF APPROVAL. In seeking approval of a major or minor partition the developer shall submit such documents as are hereinafter required in accordance with the procedures established herein. 5.100 SUBMISSION OF PRELIMINARY DRAWING OR TENTATIVE MAP (1) A preliminary drawing, on forms provided by the Planning Department shall be submitted to initiate review of a proposed minor partition. (2) A tentative map shall be submitted to initiate review of a proposed major partition. (3) For purposes of determining compliance with the time limitations of this ordinance, the time of submission shall be the time the preliminary drawing or tentative map is received by the Planning Department. 5.200 (FORM AND SCALE OF PRELIMINARY DRAWING. The preliminary drawing shall be clearly and legibly drawn to an adequate scale that will, accomodate all the pertinent information needed to have a sufficient understanding of the proposed minor partition and improvements. 5.400 FORM AND SCALE OF TENTATIVE MAP. The tentative map shall be6learly —and legibly drawn to an adequate scale that will accomodate all the pertinent information needed to have a sufficient understanding of the proposed major partition and improvements. -6- (1) Upon receipt of the preliminary drawing or tentative map the Planning Director shall distribute one copy to each member of the Land Partition Review Committee, all affected governmental bodies, and such other individuals as shall be deemed appropriate. ki (2) Within five working days, of receiving the preliminary drawing, or, within ten working days of receiving the tentative map, each member of the Land Partition Review Committee, and each individual and affec'ted governmental body receiving a copy shall submit a report to the Planning Director stating whether or not the drawing or map is in compliance with all applicable local, state and federal rules and regulations which concern the affected governmental body e"individual and further make such recommendations as is deemed necessary in the public interest. Failure to reply within the specified time shall constitute approval by the. appropriate -7- 5.500 INFORMATION ON PRELIMINARY DRAWING OR TENTATIVE MAP. (1) A preliminary drawing or tentative map shall contain the following information: (a) the name and address of the partitioner, date, North point, scale, identification of township, range and section, and name and address of person preparing drawing. M the name and address of owner of record of land being partitioned® (c) name or owner of record of land continguous to the proposed partition. (d) location, width, name and surfacing (i.e., paved, cinder, unimproved,) of all existing roads bordering the partition. (e) approximate dimensions of all parcel boundary lines and approximate acreages of each parcel. M location of all easements on the property. (g) location of all existing buildings, canals, ditches, septic tanks, and drainfields. (h) location of any topographical feature which could influence the partition; such as rivers, canyons, bluffs, rock outcroppings, natural springs and flood plains. source and method of water supply and sewage disposal. (2) In addition to the foregoing information the tentative map shall include the location, width, name,'curve radia and approximate grade of all proposed right-of-way. ARTICLE III. REVIEW OF PRELIMINARY DRAWING AND TENTATIVE MAP. SECTION 6.000 REVIEW OF PRELIMINARY DRAWING AND TENTATIVE MAP. (1) Upon receipt of the preliminary drawing or tentative map the Planning Director shall distribute one copy to each member of the Land Partition Review Committee, all affected governmental bodies, and such other individuals as shall be deemed appropriate. ki (2) Within five working days, of receiving the preliminary drawing, or, within ten working days of receiving the tentative map, each member of the Land Partition Review Committee, and each individual and affec'ted governmental body receiving a copy shall submit a report to the Planning Director stating whether or not the drawing or map is in compliance with all applicable local, state and federal rules and regulations which concern the affected governmental body e"individual and further make such recommendations as is deemed necessary in the public interest. Failure to reply within the specified time shall constitute approval by the. appropriate -7- agency receiving the Preliminary Drawing or Tentative Map. 6.100 REVIEW BY THE PLANNING DIRECTOR (1) Following receipt of the reports the Planning Director shall review the proposed partitioning based upon these regulations. If the Planning Director determines that the partitioner has complied with these regulations he shall approve the preliminary drawing or tentative map. (2) The Planning Director may give conditional approval to a preliminary drawing or tentative map if he determines that conditional approval is appropriate under the circumstances and that imposition of conditions are necessary to insure compliance with these regulations. (3) The Planning Director shall refer the preliminary drawing or tentative map to the Planning Commission under the following circumstances: (a) The Planning Director cannot determine that there is compliance with these regulations or conditional approval cannot be granted. (b) The proposed partitioning requires a variance from the provisions of this ordinance. (4) The partitioner may waive referral to the Planning Commission under subsection (3) (a) of this section upon signing a written waiver form prepared by the Planning Department. Upon receipt of a written waiver the Planning Director shall provide e the partitioner with written findings stating the reason why the proposed partitioning does not comply with these regulations. 6.200 PLANNING COMMISSION REVIEW. (l ) Upon referral to the Planning Commission the Planning Commission shall approve the preliminary drawing or tentative map if it complies with these regulations and all applicable state and local laws.. (2) The Planning Commission may grant conditional approval to a preliminary drawing or tentative map whenever it determines that conditional approval is appropriate under the circumstances, and that the imposition of conditions will insure compliance with these regulations. 4 (3) The Planning Commission shall disapprove the preliminary drawing or tentative map if it does not conform with these regulations and conditional approval cannot be granted. If the Planning Commission disapproves a preliminary drawing or tentative map it shall prepare in writing findings of fact specifically stating the reasons for denying approval of the drawing or map. The findings of fact of the Planning Commission shall be delivered or mailed to -8- the partitioner not more than ten days following the meeting in which the drawing or map was disapproved, ARTICLE IV. FINAL DRAWING - FORM AND SCALE SECTION 7.000 FINAL DRAWING FORM AND SCALE The final drawing shall be drawn in black waterproof ink on an 8 1/2" by 14" mylar at least .005 millimeters thick suitable for blueprint reproduction. The drawing shall have a,1/2" border on three sides and on the left hand edge shall have a 1" border. The scale shall not exceed 1"=200'. 7.100 FINAL MAP - FORM AND SCALE. The scale map shall be drawn in black waterproof ink on mylar at least .005 millimeters thick suitable for blueprint reproduction. Both long edges and one short edge of the map shall have not less than one (1) inch border. The left hand short edge shall have a three (3) inch border. The scale shall be adequate to show the required information on the map. 7.200 FINAL DRAWING AND FINAL MAP INFORMATION. The following information shall be shown on the final map or final drawing: (1) The date, scale, North point, legend, control and topography such as bluffs, creeks and other bodies of water, and existing manmade features such as highways and roads. (2) Legal description of the tract boundaries. • (3) Name of owner, partitioner, engineer or surveyor. (4) Reference points of existing surveys identified, related. to the drawing or map by distances and bearings, and referred to a field or book map as follows: (a) Monuments, stakes or other evidence found or set on the ground used to determine boundaries of the partitioned area shall be shown as follows: Initial Point Monuments Found Monuments Set (b) Adjoining corners of adjoining developed areas. (c) City boundary lines when crossing or adjacent to the partitioned area. thin and (d) Township, section and donation land claim lines w i adjacent to the partitioned area. I (e) Whenever the county has established the centerline Of, a street adjacent to or within a partitioned area, the location of this line and monuments found or reset. (f.) All other monuments found or established in making the survey of the partitioned area or required to be installed by these ,regulations. -9- 5 (5) The exact location and width of streets or roads and easements intersecting the boundary of it -.he tract. (6) The names of all streets or roads. (7) Normal high water lines for any creek or other body of water. (8) Tract and parcel boundary lines. (9) Easements denoted by find dashed lines, clearly identified and, if already of record, their recorded reference. If an easement is not definitely located of record, a statement of the easement, the width of the easement, its length and bearing, and sufficient ties to locate the easement with respect to the partitioned area must be shown. If the easement is being dedicated by the map, it shall be properly referenced to the owners certificate of dedication. (10) Parcel numbers, beginning with number "l" and numbered consecutively. (11) Building setback lines abutting a street, if any. (12) The following certificates, which may be combined where appropriate® (a) A certificate signed and acknowledged by all parties having any record title interest in the land being partitioned consenting to the preparation and recording of the drawing or map. (b) A certificate with the signature and seal of the engineer or the surveyor responsible for the survey and final map. (c) Other certifications now or hereafter required by law. 7.300 ADDITIONAL INFORMATION FOR FINAL MAP. In addition to the information required by Section 7.200, the final map shall also include the width of new streets or roads, the width of any existing right-of-way and the width on each side of the centerline® For streets on curvatures, curve data shall be based on the street centerline. In addition to the street centerline dimension, the radius and central angles shall be indicat9d. 7.400 SUPPLEMENTARY INFORMATIWI TO BE PRESENTED WITH FINAL DRAWING OR MAP. The following information shall accompany the final drawing or map: Address of the owner, partitioner, engineer, surveyor, or other professional persons engaged in the design and preparation of the drawing or map. -10- I (2) A preliminary title report issued by a title insurance company in the name of the owner of the land showing all parties whose consent is necessary for dedication of a street or road and their interest in the premises. (3) A copy of any deed restrictions applicable to the partition. (4) A copy of any dedication requiring separate documents. (5) A copy of any continuing offer of dedication of streets or roads, if required. (6) A statement by the Deschutes County Tax Collector that all taxes and assessments which have become a lien on the tract have been paid. (7) A certificate by the county engineer that the partitioner has complied with one of the following alternatives: (a) All improvements have been installed in accordance with the requirements of these regulations. (b) An agreement has been executed as provided in Section 8.210 to insure completion of the required improvements. (8) Whenever any road is created within the partition which requires access to a state highway or county road a certified copy of any necessary access permit. (9) All affidavits required pursuant to these regulations. 7.500 EXCEPTIONS TO SURVEY REQUIREMENTS FOR FINAL DRAWINGS. (1) A survey shall not be required for a final drawing for t a minor partition having parcel sizes of ten acres or greater whenever a sectional description can adequately describe the partition. t (2) A survey shall not be required for a final drawing whenver a minor partition is bounded by already recorded survey data which will permit an accurate metes and bounds description and which survey data is acceptable to the county surveyor. 7.600 FINAL DRAWING OR MAP MONUMENTATION. Monumentation of the major partition or minor partition, as referenced on the final drawing or map, shall conform to the requirements of state law. ARTICLE V. REVIEW OF FINAL DRAWING OR FINAL MAP SECTION 8.000 REVIEW BY PLANNING DEPARTMENT Upon receipt of the final drawing or map and accompanying data the Planning Department shall review the final drawing or map, and supplementary information to determine whether the drawing or map conforms with the preliminary drawing or tentative map, all improvement and bonding requirements, Sections 4.000 and 4.100 and other applicable provisions of the law. 8.100 REVIEW BY THE COUNTY SURVEYOR. (1) The county surveyor shall check the drawing or map to determine if it complies with the requirements of this ordinance and state. law for accuracy and completeness. (2) If the county surveyor determines that there are inaccuracies or omissions in the survey, map drawing, or other descriptions, he shall advise the Planning Department and the surveyor or engineer making the survey within five working days of the changes or additions that must be made. (3) When the county surveyor determines that all measurements and descriptions are accurate and complete he shall also certify, and return the map to the Planning Department. .8.200 AGREEMENT FOR IMPROVEMENTS AND BONDING REQUIREMENTS FOR MAJOR PARTITIONS. Prior to approval of the final map or a major partition the developer shall complete improvements as proposed and repair existing streets and other facilities damaged in the construction of the improvements, or execute and file with the Board of Commissioners an agreement between himself and the county, specifying the time within which the required improvements and repairs shall be completed., The agreement shall provide that if the work is not completed within the period specified that the county may complete the work and recover the full cost and expense thereof from the partitioner. The agreement may provide for the construction of improvements in--anits-andfor an extension of time under specified Conditions. 8.210 IMPROVEMENT BOND (1)- The partitioner shall file with the agreement for improvements to assure his full and faithful performance thereof, one of the following: (a) a surety bond executed by a surety company authorized to transact business in the State of Oregon. (b) a personal bond co-signed by at least one (1) additional person together with evidence of financial responsibility and resources of those signing the bonds sufficient to provide reasonable assurance of ability to proceed in accordance with the agreement. (c) cash or certified check. i (d) time certificate of deposit with assignment to Deschutes County. (2) 1 Such assurance of full and faithful performance shall be for a sum determined by the Department of Public Works sufficient to cover the cost of the improvements and repairs -,,and all related engineering and incidental.expenses which the county may sustain on account of the failure of the owner to carry out and execute all the provisions of the performance agreement. A 1 (3) If the partitioner fails to carry out all the provisions of the agreement and the county has unreimbursed costs or expenses resulting from such failure, the county can call on the bond or cash deposit for reimbursement. If the amount of the bond or cash deposit exceeds the costs and expense incurred by the county, the county shall release the remiander to the rightful claimant. If the amount of the bond or cash deposit is less than the cost and expense incurred by the county, the partitioner shall be liable to the county for the difference. 8.300 APPROVAL OF THE FINAL DRAWING OR MAP. Following certification by the county surveyor pursuant to ' -Section 8.100. and review by the Planning Department pursuant to Section 8.000, the Planning Director shall approve the final drawing or map if it is determined that the drawing or map conforms with the approved preliminary drawing or tentative map, all conditions of approval, all improvement and bonding requirements, and other applicable provisions. If the Planning Director cannot approve the final drawing or map he shall notify the petitioner in writing of the specific provisions to be remedied. The decision of the Planning Director shall be made within a reasonable time. 8.350 RESUBMISSION. Unless the final drawing is approved or the final map approved and recorded within one year of the approval date of the preliminary drawing or tentative map a new preliminary drawing or tentative map shall be submitted pursuant to these regulations. 8.400 SIGNATURES ON FINAL DRAWING OR MAP.. (1) The signatures of the County Sanitarian, Surveyor, and Planning Director shall appear on the final drawing. The signatures of the Board of Commissioners may be required. (2) Signatures of the County Sanitarian, Surveyor, Public Works Director and Planning Director shall appear on . the final map prior to filing with the County Clerk. The signatures .of the Board of County Commissioners may be required. 8.500 FILING OF FINAL MAP. (1) The partitioner shall file the final drawing or map with the Planning Department whenever a survey is required. (2) Upon request of the partitioner the Planning Department shall file the final map with the Deschutes County Clerk, (3) The Planning Department shall file a copy of all drawings or maps requiring a survey with the County Surveyor. ARTICLE VI. DESIGN AND IMPROVEMENT STANDARDS SECTION 9.000 CONFORMANCE TO COMPREHENSIVE PLAN AND ZONING ORDINANCE. All improvements shall be designed, planned and constructed in accordance with the comprehensive plan and zoning ordinance. -13- 9.100 DEDICATION OF STREETS AND ALLEYS. (1) Except as provided in Section 9.250 adequate and proper streets or roads and alleys shall be dedicated to the public which are of such design and location as are necessary to facilitate transportation, provide access for the needs of the county and development area, and as are generally necessary to fulfill the purposes of this ordinance. (2) All streets or • dedicated to public use shall •- a-• •• ededicated • any reservation • restriction • than • rights upon vacation • any such street or road and easements • public utilities. 9.200 STREET STANDARDS. All streets or roads shall conform to the following design standards: (1) The location, width, and grade of streets or roads shall be considered in their relation to the comprehensive plan, existing streets, - topographical conditions, public convenience and safety and the proposed use of the area to be served by these streets or roads. (2) Unless otherwise indicated by the comprehensive plan the minimum design standards for streets or roads shall conform to the Deschutes County Road Department standards and specifications for road construction and these regulations. 9.250 PRIVATE ROADS. (1) The Planning Director may approve a private street or road that is not in full compliance with the design standards of this ordinance, if he determines that such conformance would not further the purposes of this ordinance. A street or road approved for private use by the Planning Director shall be clearly indicated on the preliminary drawing or tentative map and all reservations or restrictions relating to such private street or road shall be setforth thereon. (3) The Planning Director may require a continuing offer of dedication of all roads not dedicated to public use to be filed with the final drawing or map. !Streets shall be designed to intersect at angles as near to right angles as practical except where topography requires'a lesser angle, but in no case less than 60 degrees unless there is a special intersection design to insure safety. Inter- sections which are not at right angles shall have a minimum corner radius -14- I of 20' 'along the right-of-way line at the acute angle. Right-of-way at intersections -wi th arterial streets shall have a corner raius of not less than 20 feet. 9.260 DEAD-END STREETS AND CUL-DE-SACS Dead end streets and cul-de-sacs shall conform to the • of the Deschutes • Subdivision Ordinance. 9.270 RESERVE STRIPS. Reserve strips controlling access to or from a street may be required whenever a reserve strip is necessary to: (1) Prevent access to abutting property at the end of a street.in order to assure the proper extension of the street pattern and the orderly development of land lying beyond the street; or (2) Prevent access to the side of a street on the side of a street where additional width is required to meet the right- of-way standards provided for by section 9.200; or (3) Prevent access to land abutting the street of the a. development area; or (4) Prevent access to land unsuitable for building development. 9.280 ALIGNMENT. Whenever practical all streets shall be in alignment with existing streets by continuation of the centerlines thereof. Staggered street alignments resulting in "T" intersections shall leave a minimum distance of 125 feet between the centerlines of streets having approximately the same direction. 9.290 FUTURE EXTENSION OF STREETS. When necessary to give access to or permit the satisfactory future development of adjoining land, streets shall be extended to the boundary of the development area and the resulting dead end streets, notwithstanding section 9.260 may be approved without a turnaround. 9.300 ACCESS. The development of land shall be such as to provide each 1H by means of a road with access to an existing public street. 9.305 LIMITED ACCESS. Whenever a road or street is designated by the comprehensive plan as a collector arterial street alternative access to such road or street shall be required to provi,de for limited access. 9.320 EXISTING STREETS. The dedication of additional right- of-way and widening of the existing roadway may be required ,whenever existing streets adjacent to or within a tract are of inadequate width. I 9.350 UTILITIES EASEMENTS. Easements for sewers, water mains, electric lines or other public utilities shall be provided whenever necessary. The easement shall be of such width as is reasonably required by the serving utility and shall be in conformance with the requirements of the Deschutes County Subdivision Ordinance. 9.360 DRAINAGE EASEMENTS. If a development is traversed by a water course, �there shall be provided a drainage easement conforming substantially with the lines of the water course or of such width as is necessary to protect the integrity of the water course and provide for the public health, safety and welfare. 9.370 SLOPE EASEMENT. Slope easements, in addition to the minimum rights-of-way established in section 9.200 may be required for cuts or fills that must necessarily extend beyond the minimum right-of-way lines. 9.380 PARCELS. Parcel size, width, shape and orientation shall be appropriate for the location of the property being developed, the topography and the type of development and use proposed shall conform to the Deschutes County Zoning Ordinance. 9.390 BUILDING LINES. Building setback lines abutting a street shall be �shown on all lots planned for residential use and also for all commercial and industrial lots adjoining the residential area. Such building lines shall not be less than those required by the applicable zoning ordinance. 9.400 LARGE PARCEL DEVELOPMENT. In development tracts of large parcels which at some future time are likely to be subdivided or partitioned, the parcels may be required to be of such size and shape and contain such building site restrictions as will provide for the extension and opening of streets at intervals which will permit the subsequent orderly division of any parcel into lots or parcels of smaller size. 9.500 WATER SUPPLY (1) Evidence of the availability of a domestic water supply system shall be submitted for partitions in areas designated by the comprehensive plan and zoning ordinance for urban residental development and for partitions having a lot area of less than ten acres in areas designated as rural and rural recreation. 9.600 SEWAGE DISPOSAL. Sewage disposal for any land partition shall be made as follows: 1 (1) If the system of sewage disposal involves connections with an existing municipal or other sanitary district, a certified copy of an agreement by the district to provide the service shall accompany the statement. -16- (2) Subsurface sewage disposal approved by certificate of the County Sanitarian. (3) The installation of sewer facilities as will be necessary to facilitate the future extension of sewer service may be required whenever such facilities are designated on the comprehensive plan. (4) Service by municipal or other sanitary or sewer district or private sewer district or corporation may be required whenever such services are designated for use by Deschutes County Comprehensive Plan. 9.700 CONSTRUCTION PLANS.. Construction plans for all public street or road 7, improvements shall be submitted to the Department of Public Works prior to the commencement of construction. (2) All plans for the construction of improvements shall be certified by a professional engineer as being in full compliance with these regulations and any Variance granted pursuant thereto. (3) The Department of Public Works may require changes in construction plans whenever necessary to insure cohformance with these regulations. 9.800 APPROVAL OF STREETS OR ROADS All streets and roads shall be approved by the Department of Public Works as being in conformance with these regulations. 9.825 ROAD LOCATION. All roads shall be located by a survey crew so as to insure that the road is constructed in the location shown on the improvement plans. The construction of the road improvement shall be within + or - 0.3 feet of the horizontal and vertical location on the improvement plans. SECTION 10.000 INSTALLATION OF CERTAIN IMPROVEMENTS PRIOR TO SURFACING. Ynderground utilities, sanitary sewer, and storm drains installed in streets by the developer shall be constructed prior to the surfacing of streets. Stubs for surface connections for under- ground utilities and sanitary sewage shall be placed at such lengths as will avoid the need to disturb street improvements when service connections are made. ,ARTICLE IX. VARIANCES AND APPEALS SECTION 11.000 8PPLICATIONUR VARIANCE. Application for a variance shall b6 made in writing stating fully the grounds for the requested variance. Any application for a variance which would require variance from zoning provisions shall be in accordance with the provisions of the Deschutes County Zoning Ordinance. -A 10 - 11.100 CONSIDERATIONS IN GRANTING VARIANCE. The Planning -17- Commission may grant a variance upon making all of the followiny findings: That there are special circumstances or conditions affecting the property that do not normally apply to other property and that such circumstances or conditions make it impossible or impracticable to comply with the ordinance, and (2) That the exception is necessary for the proper design and/or function of the parcels to be created by the partition, and (3) 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, and (4) That the granting of the exception is in accordance with the purposes and objectives of this ordinance, and (5) 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 regulation of this ordinance. 11.200 PLANNING COMMISSION ACTION ON VARIANCES. In granting a variance, the Planning Commission shall make a written record of its findings and shall specifically describe the variance and any conditions which the commission may designate. The Planning Department shall keep the written findings of the Planning Commission on file as a matter of public record. SECTION 12.000 RIGHT OF APPEAL TO PLANNING COMMISSION.. (1) An affected person may appeal from a decision of the Planning Director to the Planning Commission. Written notice of the appeal must be filed with the director of the Planning Department within ten (10) days after the decision or requirement is made. The notice of appeal shall state the nature of the decision or requirements and the grounds for appeal. I (2) The Planning Commission shall hold a hearing on the appeal within twenty (20) days from the time the appeal is filed. The Planning Commission may continue the hearing for good cause. Following the hearing the Planning Commission may, in conformance with the regulations of this ordinance, affirm, overrule or modify a decision or requirement made by the Planning Director. (3) A person may appeal the decision of the Planning Commission pursuant to Section 13.000 of this ordinance. SECTION 13.000 APPEAL TO BOARD OF Col"I'MISSIONERS. (1) An affected person may appeal to the Board of County Commissioners from a decision or requirement made by the Planning Commission. Written notice of appeal must be filed with the ds-r,--ctor of the Planning Department within ten (10) days after the decision or requirement is made. The notice of appeal shall state the nature of the decision or requirements and the grounds for appeal. (2) The Board of County Commissioners shall hold a hearing on the appeal within twenty (20) days from the time the appeal is filed. The board may continue the hearing for good cause. Following the hearing the board may, in conformance with the regulations of this ordinance, sustain, overrule or modify the decision or requirement made by the Planning Commission, The decision of the board shall be made in writing and shall be final. SECTION 14.000 CIVIL REMEDIEM (1) The location, erection, construction, maintenance, repair, alteration or use of an improvement or structure, or the development of land in violation of this ordinance shall be deemed a nuisance. (2) In case an improvement or structure is or is proposed to be located, constructed, maintained, repaired, altered or used, or any land is, or is proposed to be, used in violation of this ordinance, the Board of County Commissioners or District Attorney or a person whose interest in real property in the county is or may be affected by the violation, may, in addition to other remedies provided by law, institute injunction, mandamus, abatement, or other appropriate proceedings to prevent, temporarily or permanently enjoin, abate or remove the unlawful location, construction, maintenance, repair, alteration or use. 14-100 CRIMINAL PENALTIES. Violation of any provisions of this ordinance is punishable upon conviction under the provisions of ORS Chapter 92 and ORS Chapter 215. 15.000 SEVERABILITY. It shall be considered the legislative intent of this -ordinance that if any part of this ordinance is held unconstitutional or otherwise void or, is repealed or implied repealed by federal or state law or county ordinance, it shall remain in force except: (1) The remaining provisions which are so essential and inseparably -connected with and dependent upon the unconstitutional or otherwise void or repealed part, that is apparent that such remaining provisions would not have been enacted without the unconstitutional or otherwise void parts or repealed part; and (2) The remaining incomplete and incapablG legislat? 've intent. SECTION 16.000 1 FEE. provisions which, standing alone, are of being executed in accordance with the (1) For major partitions, a filing fee of $100 shall 41 accompany each submission of a tentative map. I rl (2) For minor partitions, a filing fee of $25 shall accompany each submission of a prelir-ninary drawing. (3) A filing fee of $25 shall accompany each application for a variance. (4) Filing fees are nonrefundable. SECTION 17.000 EFFECTIVE DATE® This ordinance becomes effective on the date of adoption. THIS ORDINANCE WAS ADOPTED ON THIS DAY OF JANUARY, 1977. -0-4— -4/ BOARD OF COMMISSIONERS I will