Chapter 17.40
IMPROVEMENTS
Sections:
Article I. Generally
17.40.010 Improvement procedures.
17.40.020 Specifications for improvements.
17.40.030 Improvements in subdivisions.
17.40.040 Improvements in partitions.
17.40.050 Approval of improvements.
17.40.060 Acceptance of improvements.
Article II. Improvement Guarantee
17.40.080 Agreement for improvements.
Article I. Generally
17.40.010 Improvement procedures.
In addition to other land use and permitting requirements, improvements to be installed by an owner and/or developer, either as a requirement of this title, a land use permit, or other applicable regulations, shall conform to the requirements of this chapter.
(1) Plan Review and Approval. Improvement work shall not be commenced until plans therefor have been reviewed and approved by Crook County (hereinafter “County”) or a designated representative thereof. Such review and approval shall be at the expense of the owner/developer. To the extent necessary for evaluation of a proposed development, such improvement plans shall be required before approval of the tentative plan of a subdivision or the preliminary development plan of a planned unit development.
(2) Notification. Improvement work shall not commence until after the county is notified and approval thereof has been granted, and if work is discontinued for any reason (for a continuous period of more than 14 days) work shall not be resumed until after the county is notified and approval thereof is granted. The cost of such inspections and approvals shall be borne by the owner/developer.
(3) Improvements as Platted. Improvements shall be designed, installed and constructed as platted and approved, and plans thereof shall be filed with the final plat at the time of recordation.
(4) Inspection. Improvements shall be constructed under the inspection and approval of a registered professional engineer (hereinafter “PE”) licensed to practice in Oregon. Expenses incurred thereof shall be borne by the developer. The county, through said PE, may require changes in typical sections and details of improvements if unusual conditions arise during construction to warrant such changes in the public interest.
(a) The county shall accept inspections of a PE to certify the proper completion of designated improvements. Expenses incurred for such inspections shall be borne solely by the owner/developer.
(b) All certifications performed pursuant to subsection (4)(a) of this section shall include the unambiguous statement that the improvements have been properly completed and include the stamp and signature of the PE.
(c) At the request of the owner/developer, the county may (but shall not be obligated to) engage a PE to certify the proper completion of designated improvements, and the costs for such inspections shall be borne by the owner/developer.
(d) Nothing herein shall preclude the county from engaging its own inspectors to review the certification provided by the owner/developer’s PE, and the costs for such review shall be borne by the owner/developer.
(5) Utilities. Underground utilities including but not limited to electric power, telephone, water mains, water service crossings, sanitary sewers, and storm water drains to be installed in streets shall be constructed by the owner/developer prior to the surfacing of the streets.
(6) As-Built Plans. A map showing public improvements as built shall be filed with the county upon completion of the improvements, and a copy thereof shall be recorded with the final plat. (Ord. 304 § 2 (Exh. A), 2017; Ord. 296 § 1, 2016; Ord. 280 § 17 (Exh. Q), 2015; Ord. 19 § 9.010, 2003)
17.40.020 Specifications for improvements.
See Chapter 17.56 CCC for specifications. (Ord. 280 § 17 (Exh. Q), 2015; Ord. 19 § 9.020, 2003)
17.40.030 Improvements in subdivisions.
The following improvements as required shall be installed at the expense of the subdivider:
(1) Streets. Streets, including alleys and curbs, within the subdivision, adjacent thereto, and those outside the subdivision required to be improved as a condition of subdivision approval, shall be improved to specifications set forth by this title and other applicable regulations. Catch basins shall be installed and connected to drainage facilities in accordance with specifications in this and other applicable regulations, and in accordance with additional specifications imposed by the county to meet specific conditions. Upon completion of street improvements, monuments shall be reestablished in accordance with this title and Oregon Statutes at every street intersection and all points of curvature and points of tangency at their center lines.
(2) Surface Drainage and Storm Sewer System. Drainage facilities as required within the subdivision and to connect the subdivision drainage to drainage ways or storm sewers outside the subdivision. Design of drainage within the subdivision shall take into account the capacity and grade necessary to maintain unrestricted flow from areas draining through the subdivision and to allow extension of the system to serve such area and shall provide proof of compliance with stormwater drainage requirements as may be imposed by the State of Oregon Department of Environmental Quality or the county roadmaster.
(3) Sanitary Sewers. Sanitary sewers as required shall be installed to serve the subdivision and to connect the subdivision to existing mains. Design shall take into account the capacity and grade to allow for desirable extension beyond the subdivision.
(4) Water System. Water lines and fire hydrants serving each building site in the subdivision and connecting the subdivision to the serving system shall be installed to specifications and the serving water system purveyor. The design shall take into account provisions for extension beyond the subdivision.
(5) Sidewalks. Sidewalks may be required to be installed on at least one side of a public street and in any special pedestrian way within the subdivision; except that in the case of primary or secondary arterials, or special type industrial districts, the planning commission may approve a subdivision without sidewalks, if alternative pedestrian routes are available; and provided further, that in the case of streets serving residential areas having single-family dwellings per gross acre, the requirement of sidewalks shall not apply, provided there is no evidence of special pedestrian activity along the streets involved.
(6) Bicycle Routes. If appropriate to the extension of a system of bicycle routes, existing or planned, the planning commission may require the installation of separate bicycle lanes within streets and separate bicycle paths.
(7) Street Name Signs. Street name signs shall be installed at all street intersections. One street sign shall be provided at the intersection of each street. Two street signs shall be provided at four-way intersections.
(8) Streetlights. Streetlights shall be installed and shall be served from an underground source of supply as feasible.
(9) Other. The developer shall make necessary arrangements with utility companies or other persons or corporations affected for the installation of underground lines and facilities. Electrical lines and other wires including but not limited to communication, street lighting and cable television, shall be placed underground as feasible. (Ord. 280 § 17 (Exh. Q), 2015; Ord. 149 Amd. 1 § 27, 2006; Ord. 19 § 9.030, 2003)
17.40.040 Improvements in partitions.
The same improvements may be required to be installed to serve each building site of a partition as is required of a subdivision. (Ord. 280 § 17 (Exh. Q), 2015; Ord. 19 § 9.040, 2003)
17.40.050 Approval of improvements.
Prior to acceptance by the county, an inspector selected as described by CCC 17.40.010(4) will approve the proper completion of all required improvements. The developer shall pay for all costs of inspection. (Ord. 296 § 2, 2016; Ord. 280 § 17 (Exh. Q), 2015; Ord. 19 § 9.050, 2003)
17.40.060 Acceptance of improvements.
Improvements shall receive preliminary acceptance after inspection at the time the improvements are constructed. The county shall consider final acceptance within one year after construction is complete. (Ord. 280 § 17 (Exh. Q), 2015; Ord. 19 § 9.060, 2003)
17.40.070 Building permits.
No building permit shall be issued upon lots to receive and be served by sanitary sewer and water service as improvements required pursuant to this title unless such improvements are in place and serviceable or bonded as provided in Article II of this chapter. All improvements required pursuant to this title and other applicable regulations shall be completed, in service and approved by the county prior to the sale and occupancy of any building unit erected upon a lot within the subdivision, partition, or planned unit development. Prior to sale and occupancy, and as a condition of acceptance of improvements, the county may require a one-year maintenance surety bond in an amount not to exceed 10 percent of the value of all improvements to guarantee maintenance of said improvements for a period of not less than one year from the date of acceptance. (Ord. 280 § 17 (Exh. Q), 2015; Ord. 19 § 9.070, 2003)
Article II. Improvement Guarantee
17.40.080 Agreement for improvements.
Prior to final approval of a subdivision plat or partition map by the county, or when otherwise required by county code, the subdivider or person otherwise required shall either install required improvements and repair existing streets and other facilities damaged in the development of the property or execute and file with the county an agreement between himself/herself and the county specifying the period in which required improvements and repairs shall be completed and providing that, if the work is not completed within the period specified, the county may complete the work and recover the full cost and expense, together with court costs and attorney fees necessary to collect said amounts from the subdivider or person otherwise subject to this section. The agreement shall also provide for reimbursement of the county for the cost of inspection by the county. (Ord. 296 § 4 (Exh. B), 2016; Ord. 280 § 17 (Exh. Q), 2015; Ord. 19 § 10.010, 2003)
17.40.090 Bond.
(1) Type of Security. The subdivider or person otherwise subject to this section shall file with the agreement, in form acceptable to county counsel, to assure the 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) An irrevocable bank letter of credit issued by a federally licensed financial institution; or
(c) Cash.
(2) Amount Required. Such security of full and faithful performance shall be for a sum approved by the county as sufficient to cover the cost of the improvements and repairs, including related engineering and incidental expenses, and to cover the cost of county inspection. In addition, the security will include an amount equal to 20 percent of all other costs to serve as contingency.
(3) Default Status. If the subdivider or person otherwise subject to this section fails to carry out provisions of the agreement and the county has unreimbursed costs or expenses resulting from such failure, the county shall call on the collateral for reimbursement. If the realized amount of the collateral exceeds costs and expenses incurred by the county, it shall release the remainder. If the realized amount of the collateral is less than the cost and expense incurred by the county, the subdivider or person otherwise subject to this section shall be liable to the county for the difference. (Ord. 296 § 4 (Exh. B), 2016; Ord. 280 § 17 (Exh. Q), 2015; Ord. 221 § 1, 2010; Ord. 19 § 10.020, 2003)