Department of Land Conservation and Development 
635 Capitol Street, Suite 150 
Salem, OR 9730 1-2540 
(503) 373-0050 
Fax (503) 378-5518 
w w w . Icd.state.or.us 
NOTICE OF ADOPTED AMENDMENT 
05/03/2011 
TO: Subscribers to Notice of Adopted Plan 
or Land Use Regulation Amendments 
FROM: Plan Amendment Program Specialist 
SUBJECT: Benton County Plan Amendment 
DLCD File Number 004-10 
The Department of Land Conservation and Development (DLCD) received the attached notice of adoption. 
A Copy of the adopted plan amendment is available for review at the DLCD office in Salem and the local 
government office. 
Appeal Procedures* 
DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: Monday, May 16, 2011 
This amendment was submitted to DLCD for review prior to adoption pursuant to ORS 197.830(2)(b) 
only persons who participated in the local government proceedings leading to adoption of the amendment 
are eligible to appeal this decision to the Land Use Board of Appeals (LUBA). 
If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals 
(LUBA) no later than 21 days from the date the decision was mailed to you by the local government. If 
you have questions, check with the local government to determine the appeal deadline. Copies of the 
notice of intent to appeal must be served upon the local government and others who received written notice 
of the final decision from the local government. The notice of intent to appeal must be served and filed in 
the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). Please call LUBA at 
503-373-1265, if you have questions about appeal procedures. 
*NOTE: The Acknowledgment or Appeal Deadline is based upon the date the decision was mailed by local 
government. A decision may have been mailed to you on a different date than it was mailed to 
DLCD. As a result, your appeal deadline may be earlier than the above date specified. NO LUBA 
Notification to the jurisdiction of an appeal by the deadline, this Plan Amendment is acknowledged. 
Cc: Greg Verret, Benton County 
Jon Jinings, DLCD Community Services Specialist 
Ed Moore, DLCD Regional Representative 
<paa> N 
J^i 12 DLCD 
Notice of Adoption 
This Form 2 must be mailed to DLCD within 5-Working Days after the Final 
Ordinance is signed by the public Official Designated by the jurisdiction 
and all other requirements of ORS 197.615 and OAR 660-018-000 
l~] In person O electronic EH mailed 
A 
T 
i: fcJl 
APR 2 6 2011 
.ANJ 
c. .For Office Lis Only 
M L r.D < 
Jurisdiction- Benton County Local file number: LU-10-052 
Date of Adoption: 4/19/2011 Date Mailed: 4/25/2011 
Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? M Yes • No Date: 12/3/2010 
Comprehensive Plan Text Amendment • Comprehensive Plan Map Amendment 
• Land Use Regulation Amendment Zoning Map Amendment 
IEI New Land Use Regulation Other: 
Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". 
Adopt new requirements for developers to obtain erosion and sediment control permits, and to obtain approval 
of a plan and appropriate infrastructure for long-term stormwater management from development! tes. 
Necessary for compliance with DEQ's NPDES mandate. 
Does the Adoption differ from proposal? Yes, Please explain below: 
Added second option for long-term funding for maintenance of stormwater facilities (through creation of a 
district). Minor wording and organizational changes. 
Plan Map Changed from: to: 
Zone Map Changed from to: 
Location. Acres Involved: 
Specify Density: Previous: New: 
Applicable statewide planning goals: 
2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 
Was an Exception Adopted? • YES !EI NO 
D :d DLCD receive a Notice of Proposed Amendment. 
45-days prior to first evidentiary hearing? IEI Yes • No 
If no, do the statewide planning goals apply? • Yes • h o 
If no, d.d Emergency Circumstances require immediate adoption? • Yes Q No 
DLCD File No. 004-10 (18635) [16623] 
DLCD file No. 
Please list all affected State or Federal Agencies, Local Governments or Special Districts: 
DEQ; City of Corvallis; City of Philomath 
Local Contact: GregVerret 
Address 360 SW Avery Avenue 
City: Corvallis Zip: 97333-
Phone: (541) 766-6819 Extension: 
Fax Number: 541-766-6891 
E-mail Address: greg.verret@co,benton.or.us 
ADOPTION SUBMITTAL REQUIREMENTS 
This Form 2 must be received by DLCD no later than 5 working days after the ordinance has been signed by 
the public official designated by the jurisdiction to sign the approved ordinanee(s) 
per ORS 197.615 and OAR Chapter 660. Division 18 
1 This Form 2 must be submitted by local jurisdictions only (not by applicant). 
2. When submitting the adopted amendment, please pi it a completed copy of Form 2 on light green 
paper if available. 
3 Send this Form 2 and one complete paper copy (documents and maps) of the adopted amendment to the 
address below. 
4. Submittal of th »Notice of Adoption must include the final signed ordinance(s), all supporting finding(s), 
exhibit(s) and any other supplementary information (ORS 197.615 ). 
5. Deadline to appeals to LUBA is calculated twenty-one (21) days from the receipt (postmark date) by DLCD 
of the adoption ( ORS 197.830 to 197.845 ). 
6. In addition to sending the Form 2 - Notice of Adoption to DLCD, please also remember to notify persons who 
participated in the local hearing and requested notice of the final decision. (ORS 197.615 ) 
7 Submit one complete paper copy via United States Postal Service, Common Carrier or Hand 
Carried to the DLCD Salem Office and stamped v th the incoming date stamp. 
8. Please mail the adopted amendment packet to: 
9. Need More Copies? Please print forms on 8Vi -1/2x11 green paper only if available. If you have any 
questions or would like assistance, please contact your DLCD regional representative or contact the DLCD 
Salem Office at (503) 373-0050 x238 or e-mail plan.amendments@state.or.us. 
ATTENTION: PLAN AMENDMENT SPECIALIST 
DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 
635 CAPITOL STREET NE, SUITE 150 
SALEM, OREGON 97301-2540 
http://www.oregon.gov/LCD/forms.shtml Updated April 22,2011 
BEFORE THE BOARD OF COMMISSIONERS OF BENTON COUNTY 
STATE OF OREGON 
In the Matter of Amending the 
Benton County Development Code 
Chapters 97, 99 and 100 
) 
) 
) 
ORDINANCE No. 2011-0240 
WHEREAS, pursuant to the National Pollution Discharge and Elimination System, 
Benton County is required by Oregon Department of Environmental Quality to effectively 
prohibit non-stormwater discharges into the County's municipal separate storm sewer system; 
WHEREAS, in order to comply with the terms of NPDES permit issued to Benton 
County by DEQ, the County is required to implement a permit program for erosion and sediment 
control from large construction sites and implement requirements for long-term, post-
construction management of stormwater from developed sites; and 
WHEREAS, Benton County has coordinated development of these programs with the 
Cities of Corvallis and Philomath; and 
WHEREAS, the amendments contained in this ordinance will establish partial 
compliance with the NPDES permit; and 
WHEREAS, the Benton County Planning Commission held a duly advertised public 
hearing on March 15, 2011, and voted unanimously to recommend that the Board of 
Commissioners approve the Development Code amendments as modified by the Planning 
Commission; and 
WHEREAS, the Benton County Board of Commissioners held a duly advertised public 
hearing on April 5,2011, to receive testimony from the county at-large and to consider the 
request; and 
WHEREAS, the Board of County Commissioners finds that the proposed Development 
Code Amendments comply with the criteria of Benton County Code 53.605 through 53.625, and 
are consistent with the applicable policies and procedures of the Comprehensive Plan; and 
WHEREAS, the Benton County Board of Commissioners has considered the staff report, 
the recommendation of the Benton County Planning Commission, and the record as a whole. 
The Board of Commissioners deliberated and approved the proposed amendments to the 
Development Code, and conducted the First Reading of the proposed Ordinance on April 5, 
2011;and 
WHEREAS, the Benton County Board of Commissioners conducted the Second 
Reading of the proposed Ordinance on April 19, 2011. 
NOW THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF BENTON 
COUNTY ORDAINS AS FOLLOWS: 
PART I: Short Title. Amendments to the Benton County Development Code Chapters 97, 
99 and 100 to establish an erosion/sediment control permit and long-term 
stormwater management requirements. 
PART II: Authority. The Board of County Commissioners of Benton County has authority 
to amend the Development Code pursuant to ORS Chapter 215 and the Benton 
County Charter. 
PART III. The Development Code amendments proposed in Planning File No. LU-10-052 are 
hereby approved, based on the Findings and Conclusions contained in the attached 
"Exhibit 1" and hereby adopted and incorporated herein. 
PART IV. Benton County Development Code is hereby amended as shown in "Exhibit 2." 
PART V. The effective date for these amendments to the Benton County Development Code 
will be July 1,2011. 
First Reading: 
Second Reading: 
Effective Date: 
April 5,2011 
April 19.2011 
July 1.2011 
Approved as to Form: 
BENTON COUN Y BOARD OF COMMISSIONERS 
Annabelle Jaramillc^Comipnissioner 
Recording Swretary 
Ord. 2011-0240 Page 2 
Exhibit 1 
Findings of Fact and Conclusions of Law 
Development Code Amendments; File No. LU-10-052 
A. GENERAL FINDINGS 
To comply with the federal Clean Water Act, the Oregon Department of Environmental Quality (DEQ) 
requires all local governments within urbanized areas exceeding 50,000 residents to comply with 
certain requirements for stormwater management. Benton County has jurisdiction within a portion of 
the urbanized are;)1 that includes the cities of Corvallis and Philomath. 
Benton County was required to, and in 2007 did, submit to DEQ a plan of action for six "Control 
Measures." Control Measures include such topics as Public Education and Illicit Discharge Detection 
and Elimination. Control Measure #4 requires the County to implement an erosion and sediment 
control permitting program for construction activities with total disturbed area of 1 acre or more. 
Control Measure #5 requires the County to implement measures for management of stormwater from 
developed sites over the long term (i.e., post-construction). 
The proposed amendments to the Development Code (Attachment A) are major elements in achieving 
compliance with the DEQ requirements for Control Measures #4 and #5. The timeline Benton County 
established with DEQ stated that these two code provisions would be adopted by March 2011. We 
have been granted an extension of time. 
Development of the proposed code has occurred within the context of a broader effort to inform the 
public and gather input around stormwater-related issues. Since 2007, County staff have made 
presentations or had informational materials ava able at numerous local events, including stormwater 
public meetings, daVinci Days, the annual forum hosted by the Benton County Environmental Issues 
Advisory Committee, the Benton County Fair, and watershed tours. 
In December 2009, staff mailed letters and sent emails to a broad range of the local construction 
community (home builders, excavation companies, engineering firms), inviting them to participate on 
this committee, Ultimately five such individuals joined the committee, and from January to May 
2010, monthly meetings were held to obtain input. In October 2010, staff sent the draft code 
amendments to the participants for their review and comment. 
Additional input has been obtained over the past two years through monthly interagency staff meetings 
for coordination on stormwater and water quality issues. Participants include staff from Benton 
County Planning, Building, Public Works and Environmental Health; City of Philomath Public Works; 
City of Corvallis Stormwater; Benton Soil and Water Conservation District; and Marys River 
Watershed Council. 
The proposed code was drafted by utilizing existing ordinances from other Oregon jurisdictions as well 
as the concepts from the advisory committee and interagency team. Concepts and drafts have been 
refined based on input from DEQ, and from the Planning Commission in a worksession on November 
16, 2010. 
The most recent public information meeting was on February 23, 2011. It was advertised by press 
release, information on the County website, and a mailed notification to approximately 30 local 
contractors. Unfortunately, the meeting was sparsely attended, perhaps due in part to inclement 
weather. 
The proposed amendments (Attachment A) have been drafted to: 
1 The boundary of the urbanized area is federally designated based on contiguous census tracts with a population density 
exceeding 1000 persons per square mile. This is called the Federal Urbanized Area. 
Ord. 2011 -0240 Exhibit 2 Page 12 
• Comply with the mandate from DEQ;2 
• Be comparable to requirements already in effect in the City of Corvallis; 
• Allow the City of Philomath to also adopt these requirements; 
• Address the situations most likely to result in significant stormwater impacts to water bodies; 
• Minimize cost to developers and to the County, while protecting water quality. 
B. PROPOSED AMENDMENTS 
The following is a summary of the amendments. 
Chapter 97 (Subdivision): 
• Cross-reference the stormwater plan required with a subdivision application to the proposed 
Chapter 99 stormwater requirements. 
Chapter 99 (General Development Standards): 
Definitions 
Erosion and Sediment Control 
• Enable County to require erosion control permit for development activities on "sensitive lands" 
• Create Erosion and Sediment Control permit requirement for construction sites 
• Specifically exempt certain activities including accepted farm and forest practices 
• Establish a level of required erosion control practices proportional to the potential impact of ground 
disturbance on the specific site 
• 1 Establish responsibility and required actions by permittee 
Long-Term Stormwater Management 
• Require stormwater site plan approval for construction within the Federal Urbanized Area or the 
Corvallis Urban Growth Boundary 
• Reference design criteria manual for stormwater management methods 
• Maintenance and repair: 
o For facility serving a single property is responsibility of the property owner 
o For facility serving multiple properties will become County responsibility, with 
developer required to pay an up-front fee to offset County costs. 
Enforcement Provisions 
Chapter 100 (Planned Unit Development in the Corvallis Urban Fringe: 
• Cross-reference the stormwater plan required with a subdivision application to the proposed 
Chapter 99 stormwater requirements. 
• Specify that required drainage improvements be designed and approved pursuant to the proposed 
Chapter 99 stormwater requirements. 
C. FINDINGS APPLYING CODE CRITERIA 
2 DEQ staff reviewed the draft code and provided comment in November 2010. Those comments are reflected in the 
current draft, which will undergo a second round of review by DEQ, with potential need for further modification. 
Ord. 2011 -0240 Exhibit 2 Page 12 
Development Code Provisions for Text Amendments: 
BCC 53.605. On occasion, it may be appropriate to amend sections of the Comprehensive Plan 
or Development Code to respond to changing policies and conditions, or to clarify text. 
Findings: The federal Clean Water Act requirements are a change in policy and conditions, which 
Benton County must respond to. 
BCC 53.610(1). The Board of County Commissioners may initiate an amendment to this code. 
The Board shall direct the Planning Official to prepare a background report discussing the 
justification for the proposed amendment. 
Findings: In March 2007, the Board of Commissioners approved submittal of Benton County's 
Stormwater Management Program to DEQ. The program specifically included a timeline for 
development of the code amendments that are currently proposed. Approval of this program by the 
Board of Commissioners was understood to initiate the code amendment process. This staff report 
constitutes the background report called for in this code section. 
BCC 53.620. The Planning Commission shall conduct a public hearing to review a proposed 
text amendment Following the public hearing, the Planning Commission shall make a 
recommendation to the Board to approve, deny, or modify the proposed amendment. 
BCC 53.625. The Board of County Commissioners shall hold a public hearing to review a 
proposed text amendment The Board may accept, reject, or modify the proposed text amendment in 
whole or in part Incorporation of any text amendment into the Development Code shall proceed 
pursuant to the Ordinance adoption provisions of the Benton County Charter. 
Findings: The Planning Commission conducted a hearing on March 15, 2011, and has forwarded 
a recommendation to the Board of Commissioners. 
Conclusion: The upcoming hearings will comply with the procedure stipulated in this code section. 
D. APPLICABLE COMPREHENSIVE PLAN POLICIES 
Staff has identified the following Comprehensive Plan policies that are relevant to the proposed code 
amendments. 
5.6.2 Benton County shall not regulate 
commercial timber management and commercial 
farming for potential impacts to water bodies and 
riparian areas; the Oregon Department of 
Forestry and Oregon Department of Agriculture 
have the responsibility for these activities. 
6.1.2 In cooperation with appropriate agencies, 
Benton County shall manage its air, water and 
land resources to insure their protection, 
conservation, restoration, or enhancement. 
6.1.5 Benton County shall work with local 
citizens and appropriate local, state and federal 
agencies to establish partnerships to achieve 
enforcement of air, land, and water quality 
standards. 
Ord. 2011 -0240 
6.1.6 Through its maintenance and operations, 
Benton County shall demonstrate use of "best 
management practices" and promote their use 
through public education and awareness to assure 
that sediment transport is minimized and 
pesticides and herbicides are not dispersed so as 
to adversely affect human health and land and 
water resources. 
6.1.7 Benton County shall consider the physical 
capacity of the land and water to accommodate 
land uses when planning for the location, type, 
and density of rural development. 
6.1.8 Benton County shall place a high priority 
on public education and enforcement related to 
environmental rules and regulations. 
Exhibit 2 Page 12 
6.2.4 Benton County shall place a high priority 
on maintaining natural systems and processes as a 
biological method for maintaining and protecting 
clean water. 
Benton County shall develop similar plans, or 
elements thereof, for other areas of the county. 
6.2.5 Benton County shall collaborate with others 
to promote watershed management practices that 
protect and enhance water quality and quantity. 
6.2.6 Benton County shall require development to 
be designed or located in a manner that will result 
in no net degradation of water quality and 
quantity. 
6.2.10 Water resources shall be managed 
wherever possible on a watershed or landscape 
scale to assure continuity and integrity of 
practices to the waterway. 
7.3.5 To minimize surface water runoff, prevent 
erosion, and reduce landslide hazards, Benton 
County shall regulate development activities that 
create major disturbance to soil and vegetation in 
flood and slide prone areas. 
7.3.6 Benton County shall require properly 
designed protective measures for proposed land 
uses on sites that have severe use limitations 
because of soil conditions described in the 
Benton County Geological Hazards Study or soil 
surveys. 
11.4.1 Benton County shall require proposed 
developments to address on-site and off-site 
stormwater runoff to minimize impacts to 
downstream properties. 
11.4.2 Benton County shall use watershed 
management strategies and green infrastructure to 
reduce stormwater impacts, by utilizing and 
enhancing natural drainage systems, in order to 
ensure a healthy environment and minimize the 
risk of flooding. 
11.4.3 In coordination with the cities of Corvallis 
and Philomath, Benton County shall develop a 
stormwater management plan for the 
unincorporated portion of the Corvallis Federal 
Urbanized Area that is consistent with state and 
federal guidelines; and, where appropriate, 
Ord. 2011 -0240 Exhibit 2 Page 12 
Findings; The proposed program for erosion and sediment control and for long-term stormwater 
management touches on many Comprehensive Plan policies. The code amendments do not fully 
implement all Comprehensive Plan policies that relate to water quality and stormwater, but the 
proposed code is consistent with those policies. 
Conclusion Regarding Comprehensive Plan Policies: The proposed amendments to the 
Development Code will be consistent with the applicable Comprehensive Plan policies. 
E. CONCLUSION 
The Board of Commissioners concludes that the proposed amendments are consistent with the 
applicable provisions of the Benton County Code and the Benton County Comprehensive Plan. 
Ord. 2011 -0240 Exhibit 2 Page 12 
Exhibit 2 
Amendments to the Benton County Development Code 
Added text is underlined. 
Deleted text is struck through. 
Ord. 2011 -0240 Exhibit 2 Page 12 
Chapter 97 
Subd iv , k ons 
* * * 
APPLICATION 
97.105 Letter of Intent to Subdivide. The applicant shall inform the Planning Official in 
writing of the intention to apply for a subdivision, and request a pre-application conference. A 
sketch plan and narrative must accompany the letter of intention with sufficient detail to outline 
the development plan. [Ord 7, Ord 90-0069]. 
97.110 Pre-Appiication Conference. The Planning Official shall schedule a pre-application 
conference with the applicant within twenty-one (21) days following receipt of the letter of 
intention. Representatives of public and private agencies may attend or may submit such 
information and recommendations that will assist the applicant in preparing the tentative 
subdivision plat. The applicant or the Planning Official may request additional meetings. [Ord 
7, Ord 90-0069] 
97.115 Application. (1) A complete application for a subdivision shall include fifteen copies 
of a preliminary plat that conforms to map standards established by the County Surveyor and 
ORS Chapter 92. A preliminary plat shall illustrate: 
(a) Lot and road design consistent with the Development Code. 
(b) Location, names, width, elevation and grades of existing and proposed streets in, or 
adjacent to, the proposed subdivision. 
(c) Contour lines at two foot intervals unless otherwise approved by the County Engineer. 
Five foot contour lines may be used in areas of greater than fifteen (15) percent slope or if the 
tract is divided into lots of five (5) acres or more. The source and accuracy of contour shall 
be specified. 
(d) The location of at least one temporary benchmark within the boundaries of the proposed 
subdivision. 
(e) The location of all areas subject to the base flood as shown on the Flood Boundary and 
Floodway Map on file in the office of the Development Department, 180 N.W. Fifth Street, 
Corvallis. 
(f) Soils using USDA Natural Resources Conservation Service information or field studies 
prepared from specific site data. 
(g) The proposed lot lines, approximate dimensions, and lot numbers. 
(h) Proposed phases or additions for the completion of public improvements and the filing of 
final plats. 
(i) The location, width and purpose of all easements. 
Ord. 2011 -0240 Exhibit 2 Page 12 
(j) The location of all utilities including water, sewer, power, telephone, natural gas and 
cable television. 
(k) The proposed plan for stormwater drainage consistent with BCC 99.650 through 99.680, 
including any off-site improvements. 
(1) The location and purpose of all common or public facilities. 
(m) The proposed subdivision name, and the name, address, and phone number of the 
applicant and all representatives responsible for the plan. 
(n) A vicinity map showing the boundary of the parent parcel, intersecting property lines, 
adjacent streets, sewers, water lines and ownerships abutting the boundary of the parent 
parcel as found in the County Assessor's records. 
(2) An application shall further include three copies of a narrative that provides the following 
information. 
(a) A phased development schedule. 
(b) A schedule for construction of all improvements. 
(c) The proposed method for providing water supply for each parcel or lot and 
documentation required to demonstrate compliance with BCC 99.840 to 99.850. 
(d) The proposed method for providing sewage disposal for each parcel or lot. 
(e) Description of the impact of the proposed subdivision on water, sewer, fire protection, 
law enforcement, schools, hospitals, solid waste disposal and other services. 
(f) Description of all community facilities or systems including a maintenance program for 
such systems. 
(g) A copy of tentative covenants, conditions and restrictions, if any, proposed by the 
applicant. 
(3) The applicant shall submit two copies of the tentative plat and the appropriate fee to the 
County Surveyor. [Ord 7, Ord 90-0069, Ord 92-0092, Ord 96-0118, Ord 2007-0223, Ord 2007-
0224, Ord 2009-0232] 
97.120 Design Standards. A subdivision shall be designed to comply with the land 
development standards contained in BCC Chapter 99. In addition, the minimum width for utility 
easements shall be: 
(1) Ten (10) feet when abutting a rear property line. 
(2) Sixteen (16) feet when centered on a rear property line, resulting in eight (8) feet on either 
side of the property line. 
(3) Five (5) feet along prescribed side property lines as authorized by the County Engineer. 
[Ord 7, Ord 90-0069, Ord 96-0118] 
•h -h -k 
Ord. 2011 -0240 Exhibit 2 Page 12 
Chapter 99 
General Development Standards 
99.005 Scope. All development within Benton County, including land partitions, subdivisions 
and associated land development, and the construction of residential dwellings, industrial, 
commercial, or public buildings and other accessory structures shall conform to applicable 
standards of this chapter. [Ord 26, Ord 7, Ord 90-0069] 
* * * 
SENSITIVE LAND 
* * * 
99.110 Consideration. An applicant for a land division or building permit shall consider the 
geology, topography, soils, vegetation and hydrology of the land when designing a parcel or lot, 
or siting improvements. The Planning Official or Building Official may impose conditions or 
modifications necessary to mitigate potential hazards or otherwise provide for compliance with 
adopted Comprehensive Plan policies, and may require an erosion and sediment control permit. 
The Planning Official or Building Official shall consider the recommendation of the County 
Engineer, municipal officials within urban growth boundaries, and other technical sources in the 
determination of sensitive land conditions and mitigating measures. [Ord 7, Ord 90-0069, Ord 
96-0118, Ord 2006-0214] 
* * * 
FIRE PROTECTION 
99.605 Annexation to Fire District Required. If a proposed parcel or lot in a non-resource 
zone abuts a rural fire protection district, the applicant shall petition for and obtain annexation to 
the district prior to final approval of a land division. [Ord 7, Ord 90-0069, Ord 96-0118, Ord 
2006-0214] 
STORMWATER MANAGEMENT 
99.650 Definitions. As used in BCC 99.650 through 99.680: 
(1) "County Engineer" means the County Engineer or the authority designated by the Public 
Works Director. 
(2) "Disturbed Area" means land area subject to ground-disturbing activities. 
(3) "Ground-disturbing Activity" means an act;vity that exposes, works or redistributes soil, 
including but not mited to excavating, filling, stockpiling, grading, grubbing, or clearing. 
(4) "Impervious Surface" means a surface that prevents stormwater from infiltrating the soil, 
and includes but is not limited to such elements as roads, driveways, parking lots, walks, 
patios, and roofs. 
(5) "Interim control measures" mean short term erosion and sediment control practices to 
remedy immediate issues as deemed necessary by Benton County. 
Ord. 2011 -0240 Exhibit 2 Page 12 
(6) "Manual" means the required erosion and sediment control measures designated in the 
"Benton County Stormwater Management Guide" or its successor document. 
(7) "Non-structural Controls" means long-term stormwater management techniques and 
installations that do not include constructing facilities or other stormwater infrastructure; 
examples include natural drainage, bio-swales, and vegetation preservation. 
(8) "Responsible Party" means the party who shall be legally responsible for compliance 
with the requirements of BCC 99.650 through 99.680. The responsible party shall be the 
owner of property upon which ground disturbing activities occur, even if the property 
owner designates others to perform work on the property owner's behalf. In the case of 
activities performed within an easement or right-of-way, the person causing the work to be 
performed shall be the responsible party. 
(9) "Structural Controls" means constructed facilities and other infrastructure related to 
long-term stormwater management. 
99.660 Erosion and Sediment Control 
(1) Purpose: The purpose of this section is to: 
(a) Preserve and enhance the health, safety, welfare, financial investment in public and 
private infrastructure, private property value, and the quality of life of the inhabitants 
of Benton County by minimizing the risk of flooding, erosion, sedimentation, and 
other stormwater impacts; and 
(b) Maintain or improve water quality within Benton County as required under State and 
Federal National Pollution Discharge Elimination System law. 
(2) Applicability. The provisions of this section shall apply to all unincorporated areas of 
Benton County. 
(3) Activities Requiring Erosion and Sediment Control Permit. 
(a) The responsible party shall obtain an Erosion and Sediment Control (ESC) Permit 
from Benton County prior to initiation of ground-disturbing activities (except those 
activities listed in (4) below), if both (A) and (B) are met: 
(A) The ground-disturbing activities are associated with: 
(i) Construction or land uses that require a permit or other review by Benton 
County; and 
(ii) any of the following: 
(a) Construction of a public or private road, driveway, or structure; or 
(b) Site preparation, associated installations (such as a septic system 
drainfield, ground-source heat pump, or tennis court), landscaping, 
and other ground-disturbing activities related to such construction. 
(B) The total area disturbed will be: 
(i) 1 acre or more; or 
Ord. 2011 -0240 Exhibit 2 Page 12 
(ii) Less than 1 acre if the ground-disturbing activity is part of a larger common 
plan of development or sale that will involve a total disturbed area of 1 acre 
or more. An ESC Permit may be waived for a phased activity in which the 
cumulative disturbed area is 1 acre or larger if all individual phases disturb 
less than 1 acre of land and each phase is fully and permanently stabilized 
prior to iinidation of ground disturbance on a subsequent phase. 
(b) All activities shall comply with the Benton County Illicit Discharge Detection and 
Elimination Code, whether or not the activity requires an Erosion and Sediment 
Control Permit. 
(c) The responsible party shall also comply with other local, state and federal erosion 
control regulations that may apply. 
(4) Exempt Activities. The following activities are exempt from the permit requirement in 
subsection 3(a): 
(a) Accepted farm practices, not including construction of buildings; 
(b) Forest practices performed pursuant to the Oregon Forest Practices Rules; 
(c) Excavations for gas or oil facilities for which the operator demonstrates compliance 
with 40 CFR §122.26; 
(d) Emergency measures to protect life, property, public infrastructure, or essential 
services, in which case an ESC Permit shall be obtained as soon as possible after-the-
fact; 
(e) Mining activities performed pursuant to applicable state permit requirements. 
(f) Activities, conducted by public agencies, that meet or exceed state or federal standards 
for erosion and sediment control. 
(5) Permit Application. The applicant and/or responsible party shall submit the following: 
(a) Erosion and Sediment Control Application form; 
(b) Erosion and Sediment Control Plan demonstrating compliance with the requirements 
of this section. The plan shall be prepared by an individual(s) with sufficient erosion 
and sediment control training and qualification to design an erosion and sediment 
control plan compliant with this code section. The Erosion and Sediment Control Plan 
for a disturbed area of more than 5 acres shall be prepared by a licensed engineer with 
relevant experience, or an Oregon Certified Professional in Erosion and Sediment 
Control. 
(c) Fee(s) established by the Board of County Commissioners; 
(d) Other documents deemed appropriate by the County Engineer and/or Planning 
Official. 
(6) Level of Potential Impact 
(a) The required erosion and sediment control Best Management Practices (BMPs) shall 
correspond to the level of potential impact of the proposed project as determined using 
the following table. The County Engineer and/or Planning Official may require a 
different level of erosion and sediment control due to factors including but not limited 
Ord. 2011 -0240 Exhibit 2 Page 12 
to: proximity to known landslides, steep slopes in the vicinity, and protected 
conservation areas. 
(b) Unless determined otherwise by the County Engineer and/or Planning Official, the 
column with two or more checks shall be the required level of erosion control, and in 
the case of one check in each column, the medium level shall be required. A 
subdivision shall require a "high" level of erosion control, unless deemed otherwise by 
the County Engineer. 
(c) The categories of Low. Medium and High correspond to required BMPs listed in the 
"Benton County Stormwater Management Guide" or its successor document. 
Site Conditions 
Required Level of Erosion Control: 
Low Medium High 
Distance between the work site and the 
nearest Sensitive Area down-slope or 
at the same elevation. Sensitive Areas 
include: 
fa) Wetlands identified on a National. 
State or Local Wetland Inventory, or 
identified as Potential Wetland on 
Benton County's wetland reference 
map; 
Cb) Stream Channel top of bank; 
(c) Riparian Area protected pursuant to 
Development Code provisions; 
(d) Upland Prairie and Oak Savannah 
protected pursuant to BCC Chapter 
XX-
More than 
300 feet • 
100 to 300 feet • Within 100 feet • 
(e) Potential Habitat for Fender's blue 
butterfly as identified in the Prairie 
Species Habitat Conservation Plan. 
Average slope across the disturbed 
area. 
0 to 3.9 
percent 
• 
4 to 10 percent • 
More than 10 
percent 
• 
Erodibilitv of predominant soil type, 
determined from NRCS Soil Survey of 
Benton County, Oregon for successor 
document) 
Low 
Erodibilitv 
(K value 
<0.24 • 
Medium 
Erodibility 
(K value 0.24 to 
0.40 
• 
High Erodibility 
(K value > 0.40) • 
(7) Permit Review and Approval. 
(a) An Erosion and Sediment Control Permit may be issued upon determination by the 
County Engineer that the submitted materials demonstrate compliance with the 
Manual and the applicable Best Management Practices (BMPs) identified pursuant to 
Ord. 2011 -0240 Exhibit 2 Page 12 
Section (6). To address specific conditions of a given site, the County Engineer may 
require additional or modified BMPs. 
(b) Issuance or denial of an Erosion and Sediment Control Permit is not a land use 
decision and is not subject to the requirements of a land use decision including but not 
limited to BCC 51.535, BCC 51.605 through 51.625. and BCC 51.805 through 51.840. 
(8) Permit Period of Validity; Renewal. 
(a) An Erosion and Sediment Control Permit shall be valid for one year from the date of 
issuance. 
(b) The responsible party shall request permit renewal if final inspection approval 
pursuant to subsection (12) of this section has not been obtained prior to expiration of 
the permit. 
(c) Expiration of an ESC Permit that has not received final inspection approval shall be 
considered a violation of this code pursuant to BCC 99.680. 
(d) Permit Renewal: The responsible party shall submit a permit renewal application 
form and fee at least 30 days prior to expiration of the current permit. The County 
Engineer or Planning Official shall review the request and the current status of erosion 
and sediment control at the site and shall approve the request if conditions are 
substantially consistent with the original Erosion and Sediment Control Plan. If the 
County Engineer or Planning Official determines that conditions have changed such 
that the original Erosion and Sediment Control Plan no longer adequately addresses 
erosion and sediment control needs, the responsible party shall within 14 days of such 
determination submit the application and materials for a new Erosion and Sediment 
Control Permit. 
(9) Permit Extension. If. du~ng the first 11 months after issuance of an ESC Permit no 
ground disturbance has occurred and no County ° ;te inspections have been performed, the 
permittee may submit written request for an extension of the period of validity. Such 
request shall be submitted 30 days prior to the expiration date of the ESC Permit. There 
will be no fee for such an extension. The County Engineer or Planning Official may grant 
a one-time extension for up to one year, but shall not approve an extension if the 
conditions of the permit or of this code section are being violated. 
(10) Transfer of Ownership. Permits are non-transferable. The transfer of a property to a new 
owner requires that a new permit be obtained prior to the initiation or continuation of 
ground-disturbing activities, even though said activities may have been authorized under 
the permit approved for the previous owner. 
(11) Implementation Requirements. 
(a) Erosion and Sediment Control Plan approval is required prior to clearing or grading. 
No ground disturbing activity requiring an Erosion and Sediment Control Permit shall 
be undertaken prior to County approval and issuance of the Erosion and Sediment 
Control Permit. 
(b) In cases where erosion or sedimentation is occurring due to ground-disturbing 
activities, the responsible party shall immediately install interim control measures to 
stabilize the condition and minimize sediment leaving the site. Within 5 working days 
Ord. 2011 -0240 Exhibit 2 Page 12 
of the responsible party or those working on behalf of the responsible party becoming 
aware of the erosion, the responsible party shall provide for County review new plans, 
or revisions to existing plans, that demonstrate adequate erosion and sediment control. 
Upon County approval of the plans, the new measures described shall be immediately 
implemented. 
(c) The responsible party shall ensure that: 
(A) The provisions of the Erosion and Sediment Control Plan are implemented in a 
timely manner: 
(B) No visible or measurable amount of sediment has entered, or is likely to enter, the 
public stormwater system and surface waters; 
(C) During active construction in rainy weather, a qualified individual shall daily 
inspect erosion and sediment control measures and shall ensure the control 
measures are maintained, adjusted, repaired and/or replaced so that they function 
properly without interruption, and shall ensure that immediate action is taken to 
correct any deficiencies. 
(D) Eroded sediment shall be removed immediately from pavement surfaces, off-site 
areas, and from surface water conveyances, including storm drainage inlets, 
ditches and culverts. In the event that sediment enters a wetland or stream, the 
responsible party's qualified designee shall immediately contact Benton County 
Public Works. 
(E) Water containing sediment shall not be flushed into the storm water management 
system, wetlands or streams without first passing through an approved sediment 
filtering facility, device, or other County approved structure. 
(F) When required by Benton County, the responsible party shall maintain written 
records of all site inspections of erosion and sediment control measures. These 
shall be provided to the County upon request. 
(G) Inspections by Benton County to certify that measures are installed in accordance 
with the Erosion and Sediment Control Permit shall be requested by the 
responsible party at the times specified in the Erosion and Sediment Control 
Permit. 
(12) Inspections by Benton County; Right of Entry. 
(a) Benton County will perform the following inspections pursuant to an issued Erosion 
and Sediment Control Permit: 
(A) An initial inspection of installed erosion and sediment control BMPs; 
(B) Interim inspections as deemed necessary by the County. 
(C) A final inspection, to verify completion of all erosion and sediment control BMPs. 
permanent stabilization of the site, and the required clean up of erosion and 
sediment control materials. 
(b) The responsible party shall obtain inspections from the County as specified in the 
Erosion and Sediment Control Permit and shall take immediate action to correct any 
deficiencies noted by the County. 
Ord. 2011 -0240 Exhibit 2 Page 12 
(c) The County may enter property at any time to investigate compliance with the 
requirements of this Code. 
(13) Correction of Ineffective Erosion and Sediment Control Measures. If the facilities and 
techniques approved by the Erosion and Sediment Control Permit are not effective or not 
sufficient to meet the purpose of this section. Benton County may require the following-
Failure to make required corrections in a timely manner shall be a violation subject to BCC 
99.680. 
(a) On-site modifications to the erosion and sediment control measures; and/or 
(b) A revised plan: 
(A) The revised Erosion and Sediment Control Plan shall be provided by the 
responsible party within 5 working days of Benton County notifying the 
responsible party and/or those conducting ground disturbing activities on behalf 
of the responsible party. 
(B) The responsible party shall fully implement the revised plan within 3 working 
days of approval by Benton County, 
(C) In cases where serious erosion is occurring, as determined by Benton County, the 
County may require immediate installation of interim control measures, before 
submittal of the revised Erosion and Sediment Control Plan. 
99.670 Lone-Term Stormwater Management 
(1) Purpose: Establish stormwater management requirements and controls to protect and 
safeguard the health, safety, welfare, financial investment in public and private 
infrastructure, and private property value, and minimize flooding in areas where structural 
and non-structural stormwater management is required to improve water quality and 
manage long term stormwater runoff from new development and redevelopment projects 
that result in ground disturbance of 1 acre or more. 
(2) Applicability. Land development within the Corvallis Federal Urbanized Area or within 
the Urban Fringe of the City of Corvallis or City of Philomath shall comply with the 
requirements of this section. Areas outside the Federal Urbanized Area and Corvallis and 
Philomath Urban Growth Boundaries may require structural and non-structural stormwater 
controls, including low-impact development (LID) methods, when deemed necessary by 
the County Engineer. 
(3) Permit Required. 
(a) The property owner shall obtain from Benton County a Stormwater Site Plan approval 
prior to initiation of ground-disturbing activities if both (A) and (B) are met 
(exceptions are listed in subsection (b)): 
(A) The ground-disturbing activities are associated with: 
(i) Construction or land uses that require a permit or other review by Benton 
County; and 
(ii) any of the following: 
(1) Construction of a public or private road, driveway, or structure; or 
Ord. 2011 -0240 Exhibit 2 Page 12 
(2) Site preparation, associated installations (such as a septic system 
drainfield, ground-source heat pump, or tennis court), landscaping, 
and other ground-disturbing activities related to new development or 
redevelopment construction. 
(B) The total area of: 
(i) ground disturbance will be: 
(1) 1 acre or more: or 
(2) Less than 1 acre if the ground-disturbing activity is part of a larger 
common plan of development or sale that will involve a total 
disturbed area of 1 acre or more. Benton County shall conduct a 
Common Plan of Development Review to determine applicability; or 
(ii) impervious surface upon completion of the project will be in excess of 
25,000 square feet. 
(b) Exempt Activities. The following activities are exempt from the permit requirement 
in subsection 3(a): 
(A) Accepted farm practices, not including construction of buildings; 
(B) Forest practices performed pursuant to the Oregon Forest Practices Rules; 
(C) Excavations for gas or oil facilities for which the operator demonstrates 
compliance with 40 CFR §122.26; 
(D) Emergency measures to protect life, property, public infrastructure, or essential 
services, in which case a Stormwater Site Plan approval shall be obtained as soon 
as possible after-the-fact; 
(E) Fish passage, stream enhancement, and wildlife habitat projects that comply with 
local, state and federal standards and permit requirements, provided that evidence 
of such compliance is submitted to Benton County Public Works prior to 
initiation of the activity; 
(F) Repairs to any stormwater facility as deemed necessary by Benton County. 
(G) Mining activities performed pursuant to applicable state permit requirements 
(H) Activities, conducted by public agencies, that meet or exceed state or federal 
standards for post-construction stormwater management. 
(4) Permit Procedures and Requirements 
(a) The property owner shall submit: 
(A) Stormwater Site Plan Application form; 
(B) Stormwater Site Plan and additional documentation deemed appropriate by the 
County Engineer and/or Planning Official to demonstrate compliance with this 
section; and 
(C) Fee(s) established by the Board of County Commissioners. 
(D) The Stormwater Site Plan shall be designed, stamped and signed by a licensed 
geologist or engineer, or other professional recognized by Benton County. 
Ord. 2011 -0240 Exhibit 2 Page 12 
(b) A Stormwater Site Plan approval may be issued upon determination by the County 
Engineer that the submitted materials demonstrate compliance with the requirements 
of this section. To address specific conditions of a given site, the County Engineer 
may require modification to the proposed Site Plan and/or to the standard 
requirements of this section. 
(c) Issuance or denial of a Stormwater Site Plan approval is not a land use decision and is 
not subject to the requirements of a land use decision including but not limited to BCC 
51.535, BCC 51.605 through 51.625, and BCC 51.805 through 51.840. 
(5) Stormwater Management Design Criteria 
(a) When required by subsection (3) of this section, the applicant shall implement 
stormwater management measures as specified in the "Benton County Stormwater 
Management Guide", as interpreted by the County Engineer. Within the urban growth 
boundary of an incorporated city, structural and non-structural requirements will be 
consistent with the current standards of the pertinent city. 
(6) Improvements Agreement. 
(a) Required stormwater infrastructure shall be subject to the Improvements Agreement 
provisions of BCC 99.905 through 99.925. 
(7) Long-term Maintenance and Repair of Stormwater Facilities. 
(a) Required stormwater facilities shall be constructed by the property owner. 
(b) Stormwater facilities shall be maintained to current Benton County stormwater facility 
maintenance standards. 
(c) For a stormwater facility serving a single property: 
(A) The stormwater facility shall be located on the property that is being served, 
unless an alternative arrangement is approved by the County Engineer as 
adequately preserving long-term viability of the facility; 
(B) The property owner shall be responsible to maintain the proper functioning of the 
facility pursuant to subsection (c); 
(C) A restrictive covenant shall be placed on the property. In the covenant the 
property owner shall agree to: 
(i) not transfer the facility separately from the rest of the property, except with 
the express approval of Benton County; 
(ii) maintain the facility to its original design specifications; 
(iii) correct any functional deficiencies identified by Benton County; 
(d) For a stormwater facility serving multiple properties the County Engineer will require 
the procedure in either (A) or (B) to be completed. Sole discretion in the selection 
resides with Benton County. 
(A) Maintenance Fee: 
(i) Prior to or at final development approval, or at the completion of the 
warranty period pursuant to BCC 99.925, the property owner or developer 
Ord. 2011 -0240 Exhibit 2 Page 12 
shall provide a one-time payment to Benton County Public Works of the 
amount determined by the County Engineer to be necessary to ensure 
maintenance of the facility until the facility is annexed to a city and 
responsibility is assumed by that city. This one-time payment shall be in 
addition to any performance guarantee or warranty required under BCC 
99.915 or 99.925. 
(ii) The property owner shall grant an easement to Benton County for access to 
and maintenance, repair and operation of the stormwater facility. 
(iii) Once the facility has completed the warranty period pursuant to BCC 
99.925, Benton County Public Works will conduct routine maintenance on 
the facility as funding allows. Renovation, replacement, or repair exceeding 
routine maintenance will require some other local funding mechanism, such 
as a local improvement district. 
(B) Maintenance District: 
(i) Prior to sale or transfer of lots, the property owner shall establish a local 
improvement district or other lawful district comprising all benefitted 
properties and designed to provide for the long-term maintenance, repair 
and/or renovation of the storm water management system. 
99.680 Enforcement, Stop-work Orders, and Penalties. In addition to all other remedies 
available under Benton County Code, violations of BCC 99.650 through 99.670 shall be subject 
to the following enforcement procedures. 
(1) Each violation of the stormwater provisions, or any failure to carry out the conditions of 
any Permit approval granted pursuant to the stormwater provisions, shall be unlawful and a 
civil infraction subject to the enforcement provisions of Benton County Code Chapter 31. 
(2) The owner of the property upon which the violation occurs shall be responsible for 
mitigating resulting impacts, or, in the case of activities performed within an easement or 
right-of-way, the person causing the work to be performed shall be the responsible party. 
(3) In addition to and separate from those penalties available under Benton County Code 
Chapter 31, Benton County may enforce the following penalties: 
(a) The Planning Official may refuse to accept any land use application or may suspend or 
revoke any active land use authorization. 
(b) The Building Official shall not accept any building pennit application and shall not 
approve occupancy of any structure on a property which is subject to a notice of 
noncompliance or a stop work order pursuant to this section. 
(c) The Planning Official or County Engineer may issue a notice of noncompliance, 
pursuant to subsection fE) below, to the property owner requiring corrective action. If 
the responsible party fails to take the specified action within 24 hours, the Planning 
Official or County Engineer may issue a civil citation to the property owner pursuant 
to Chapter 31. The notice of noncompliance shall include: 
(A) The location of the construction project; 
(B) A description of the construction project; 
Ord. 2011 -0240 Exhibit 2 Page 12 
(C) A description of the non-compliance; 
(D) A description of the corrective action(s) that shall be taken by the responsible 
party; 
(E) The amount of penalty that will be imposed if corrective action is not taken within 
24 hours; and 
(F) A statement that information regarding the appeal process will be made available 
upon request. 
(d) The Planning Official or County Engineer may issue a stop work order, pursuant to 
subsection (E) below, requiring that all work, except work directly related to the 
elimination of a violation or necessary to correct a health or safety hazard, be 
immediately and completely stopped. Work shall not be resumed until such time as 
the Planning Official or County Engineer gives specific approval in writing. Failure to 
abide by the stop work order shall be grounds for the Planning Official or County 
Engineer pursuant to Chapter 31 to issue a civil citation to the property owner pursuant 
to Chapter 31. 
(A) The stop work order shall include: 
(i) Date of order; 
(ii) Permit number if applicable; 
(iii) Project location; 
(iv) Description of all violations; and 
(v) The remedies that must be completed before work may resume. 
(e) A notice of noncompliance or stop work order shall be in writing and posted in a 
conspicuous location at the site. In addition, the County shall send a copy to the 
property owner by certified mail. 
(A) No person may remove, obscure, mutilate or otherwise damage a stop work order. 
(B) A notice of noncompliance or stop work order shall be effective upon posting or 
upon oral delivery under (C) below. 
(C) When an emergency condition exists, the Planning Official or the County 
Engineer or the designee of either may issue a notice of noncompliance or stop 
work order orally. The Planning Official or County Engineer shall then issue a 
written notice as described above within 24 hours of the oral order. 
(D) Upon the property owner's completion of corrective actions necessary to bring the 
property into compliance with this code, the Planning Official or County Engineer 
shall issue a written notice of compliance to the property owner. 
Ord. 2011 -0240 Exhibit 2 Page 12 
SEWAGE DISPOSAL 
99.705 Sewage Disposal. Each proposed dwelling, parcel, lot, or place of public occupancy 
shall be served by a sewage disposal system which complies with the requirements of the Oregon 
Department of Environmental Quality requirements. [Ord 90-0069, Ord 96-0118] 
99.905 Improvements Agreement. When required as a condition of development for a 
conditional use, partition, subdivision^-^ planned unit development, or stormwater management 
permit, the applicant shall execute a standard improvements agreement provided by the County 
Engineer guaranteeing the construction of any required public improvements. The Agreement 
shall be recorded to put all purchasers and interested parties on notice. The agreement shall 
provide that: 
(1) If at any time there is a breach in the agreement, the Building Official shall withhold 
issuance of all building permits within the subdivision or partition until such breaches have been 
satisfactorily corrected. 
(2) The applicant shall be responsible for installing all required improvements, including, but 
not limited to, streets, storm drainage, pedestrianways, water system, sewage system, etc., to the 
standards and specifications approved by the County Engineer and/or Board of Commissioners. 
All work shall be completed to the County Engineer's approval within 18 months of final plat 
approval, or when building permits have been issued on fifty percent (50%) of the parcels or lots, 
whichever comes first. [Ord 90-0069, Ord 92-0092, Ord 96-0118] 
99.910 Review and Inspections. Plans for public improvements required as a condition of 
development shall be submitted for review and approval by the County Engineer. During the 
installation of improvements, the County Engineer shall conduct periodic inspections of work-in-
progress. The County Engineer shall charge a fee for plans review and inspection services as 
established by Order of the Board of Commissioners. [Ord 90-0069] 
99.915 Performance Guarantee. (1) The applicant shall file with the County Engineer a 
performance guarantee to assure full and faithful performance. The guarantee shall be made in 
one of the following forms: 
(a) An escrow of funds, irrevocable sight draft, letter of credit, franchised guarantee or other 
certification by a reputable lending institution. Such lending institution shall not be directly 
owned or controlled by the applicant. The amount of funds shall be released only upon 
authorization of the County Engineer. 
(b) A surety bond executed by a surety company authorized to transact business in the State 
of Oregon in a form approved by the County Counsel. The bond shall guarantee to the 
County that the financial backing is available so that all improvements will be completed and 
paid for within the time specified in BCC 99.905. 
(2) The guarantee shall ensure that the applicant has funds committed in the amount determined 
by the County Engineer for the purpose of covering the cost of the improvements and repairs, 
including related engineering and incidental expenses. In the event of default by the applicant, 
the guarantee shall ensure that the County shall have, upon demand, funds to construct, complete 
or pay for all improvements or incidental expenses, including improvements full or partially 
Ord. 2011 -0240 Exhibit 2 Page 12 
constructed by the County, and bills which are outstanding for work done thereon by any party. 
[Ord 90-0069] 
99.920 Calling the Guarantee. If the applicant 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 guarantee for reimbursement. If the amount of the bond or cash deposit exceeds the 
cost and expense incurred, the reminder shall be released. If the amount of the bond or cash 
deposit is less than the costs and expense incurred, the applicant shall be liable to the County for 
the difference. [Ord 90-0069] 
99.925 Warranty. Upon completion of roadways and other public facilities to County 
standards and specifications, there shall be a minimum of-ene three year warranty period prior to 
County consideration of acceptance of roadway maintenance. Before this acceptance, 
maintenance and repair of roadways public facilities shall be the duty of the applicant, developer, 
property owner, or of the homeowners association. [Ord 90-0069] 
Ord. 2011 -0240 Exhibit 2 Page 12 
Chapter 100 
Planned Unit Development in Corvallis Urban Fringe 
•k "k "k 
100.150 Application Requirements. 
(1) In addition to the application requirements for partitions and subdivisions contained in 
Chapters 95 and 97, respectively, an application for a land division within the Corvallis urban 
growth boundary shall contain the following information and documentation: 
(a) The location of existing structures, including building types, driveways, and off-street 
parking; 
(b) The location of all Natural Features identified on the Corvallis Urban Fringe Natural 
Hazards Map, Riparian Corridors and Wetlands Map, and Significant Vegetation Map; 
(c) Soils and soil characteristics, including shrink-swell potential, erosion hazard, slide 
potential, and any other potential limitations, using USDA Soil Conservation Service 
information or field studies prepared from specific site data; 
(d) The location of any known sensitive or endangered species of flora or fauna, or 
significant historic or cultural resource on the property; 
(e) Any proposed open spaces, including proposed ownership, use, and maintenance; 
(f) The location of existing utility systems including sanitary sewer, storm sewer, 
drainageways, and water, where appropriate. Additionally, the location of all planned 
utility systems including sanitary sewer, storm sewer, drainageways, and water, shown in 
adopted Corvallis facility plans, and how the proposal can accommodate these facilities; 
(g) Any proposed significant topographic changes including contours at intervals sufficient 
to indicate topographic conditions (generally two or five foot contours), including 
identification of areas subject to slide, slump, erosion or flooding hazards; 
(h) Any measures proposed to mitigate Code-allowed impacts to natural feature areas shown 
on the Corvallis Urban Fringe Natural Hazards Map and/or the Riparian Corridors and 
Wetlands Map; 
(i) The proposed circulation system including roads, bikeways, and access to roads. Public 
or private ownership of each facility shall be clearly identified. The current condition of 
public facilities shall be identified, as well as the proposed standard to which the facility 
will be improved or constructed by the applicant. Additionally, the location of all 
planned roads and trails shown in adopted Corvallis facility plans such as the Corvallis 
Transportation Plan and the Parks and Recreation Master Plan, and how the proposal can 
accommodate these facilities; 
(j) The proposed plan for managing stormwater from the site, consistent with BCC 99.650 
through 99.680; 
(k) A narrative that provides: 
(A) A phased development schedule if the development is to be phased; 
Ord. 2011-0240 Exhibit 2 Page 17 
(B) A schedule for construction of all improvements; 
(C) The proposed method for providing water supply for each parcel or lot; 
(D) The proposed method for providing sewage disposal for each parcel or lot; 
(E) A description of the impact of the proposed development on water, sewer, fire 
protection, law enforcement, schools, hospitals, solid waste disposal, and other 
services; 
(F) A description of all community facilities or systems including a maintenance 
program for all proposed systems; and 
(G) A copy of tentative covenants, conditions, and restrictions, if any, proposed by the 
applicant. 
(H) A description of the impact of the proposed development on Natural Features 
shown on the Corvallis Urban Fringe Natural Hazards Map and/or Riparian 
Corridors and Wetlands Map, and the proposed methods for protecting these 
Natural Features. 
(2) The Planning Official, in the application process, may waive any of the requirements of 
this section where it is determined, in the judgment of the Planning Official, that the 
information is not necessary to properly evaluate the application. The Planning Official 
may require additional information deemed necessary to evaluate the application. 
100.205 Design Standards. 
(1) General. An application for a Planned Unit Development shall comply with all applicable 
development standards of this code. 
* * * 
(5) Drainage. 
(a) Natural drainageways necessary to convey storm water through and from the subject 
property shall be reserved or dedicated to the public for such purposes. The area 
required to be dedicated or reserved for future drainageway shall be identified as 
determined by the Corvallis Land Development Code. 
(b) Drainage improvements shall be designed and approved pursuant to BCC 99.650 
through 99.680. and shall be constructed to the applicable City of Corvallis urban 
standards. 
(c) In exceptional circumstances, the approving authority may allow construction of 
drainage improvements to a transitional standard. Construction to a transitional 
standard may only be allowed if the approving authority finds that exceptional 
engineering considerations make it not practical to construct improvements to urban 
standards concurrent with the proposed development. The approving authority shall 
consult with the City and County Engineers in making a determination to allow a 
transitional standard. 
Ord. 2011 -0240 Exhibit 2 Page 12 
(d) If an exception is granted under 100.205(5)(b), the approving authority shall impose 
conditions that specify how the drainage system will be improved to the applicable 
urban standards with subsequent development of the property. The conditions of 
approval shall provide mechanisms that insure, to the greatest extent possible, that the 
financial obligation of present and future owners of the property to fully finance 
urban standard drainage improvements is met. These conditions may include but are 
not limited to: 
(A) Posting of a financial guarantee; 
(B) An irrevocable petition for public improvements; 
(C) An agreement to participate in future Improvement Districts; 
(D) Specific provisions in covenants, conditions, and restrictions that specify the 
future obligation of the property owner(s) and which are attached to the 
property; 
(E) Other means deemed necessary and appropriate by the approving authority. 
k k k 
Ord. 2011 -0240 Exhibit 2 Page 12 
Benton County 
Community Development 
360 SW Avery Ave 
Corvallis, OR 97333-1139 
neopost. 
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ADDRESS SERVICE REQUESTED 
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ATTN- PLAN AMENDMENT SPECIALIST 
DEPT OF LAND CONSERVATION & DEVELOPMENT 
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SALEM OR 97301-2540 
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