The purpose of this chapter is to implement the objectives in divisions (A) through (E), below:

   (A)   Provide rules, regulations and standards governing the approval of subdivisions, partitions and property line adjustments.

   (B)   Carry out the city's development pattern, as envisioned by the city's Comprehensive Plan.

   (C)   Encourage efficient use of land resources and public services, and to provide transportation options.

   (D)   Promote the public health, safety and general welfare through orderly and efficient urbanization.

   (E)   Provide adequate light and air, prevent overcrowding of land, and provide for adequate transportation, water supply, sewage, fire protection, pollution control, surface water management, and protection against natural hazards.

(Ord. 2021-08-02, passed 10-12-2021)

   This chapter applies to applications for approval of partitions, subdivisions and property line adjustments, as follows:

   (A)   Partitions are the dividing land to create not more than 3 parcels of land within a calendar year.

   (B)   Subdivisions are the dividing of land to create 4 or more lots within a calendar year.

   (C)   Property line adjustments are modifications to property boundaries that do not divide land. Lot consolidations where no lot or parcel is created are processed the same as property line adjustments.

(Ord. 2021-08-02, passed 10-12-2021)

   (A)   Subdivision and partition approval through 2-step process. Applications for subdivision or partition approval shall be processed by means of a preliminary plat evaluation and a final plat evaluation, according to the following 2 steps:

      (1)   The preliminary plat must be approved before the final plat can be submitted for approval consideration; and

      (2)   The final plat must demonstrate compliance with all conditions of approval of the preliminary plat.

   (C)   Future re-division plan. When subdividing or partitioning tracts into large lots (i.e., greater than 3 times or 300% the minimum lot size allowed by the underlying land use district), the lots shall be of such size, shape, and orientation as to facilitate future re-division and extension of streets and utilities. The applicant shall submit a future re-division plan, or shadow plan, indicating how re-division of dividable lots and extension of planned public facilities to adjacent parcels can occur in the future, in accordance with this Code.

      (1)   All lots created through land division shall have adequate public utilities and facilities, including streets, water, sewer, gas, and electrical systems, consistent with the Public Works Design Standards Manual. Water system improvements shall conform to the Banks Water Master Plan.

      (2)   For land divisions that anticipate new water service connections, the applicant shall provide written confirmation from the City Engineer verifying that the city's public water system has adequate capacity to serve the proposed number of new water service connections. Alternatively, the applicant may provide documentation satisfactory to the City Engineer of its own alternative source of water that is legally capable of being dedicated to and annexed to the city's municipal water system and of sufficient capacity to serve the proposed number of new water service connections.

(Ord. 2021-08-02, passed 10-12-2021)

   (A)   Review of preliminary plat. Preliminary plats shall be processed using the quasi-judicial procedure under § 151.233. All preliminary plats, including partitions and subdivisions, are subject to the approval criteria in § 152.007.

      (1)   Any changes to the preliminary plat follow the procedures in this chapter;

      (2)   The applicant has submitted written intent to file a final plat within the 1-year extension period;

      (3)   An extension of time will not prevent the lawful development of abutting properties;

      (4)   There have been no changes to the applicable Code provisions on which the approval was based. If such changes have occurred, a new preliminary plat application shall be required; and

      (5)   The extension request is made before expiration of the original approved plan.

      (1)   In no case shall the construction time period (i.e., for required public improvements, utilities, streets) for the first subdivision phase be more than 1 year;

      (2)   Public facilities shall be constructed in conjunction with or prior to each phase;

      (3)   The phased development shall not result in requiring the city or a third party (e.g., owners of lots) to construct public facilities that are required as part of the approved development proposal;

      (4)   The proposed phasing schedule shall be reviewed with the preliminary subdivision plat application; and

      (5)   Planning Commission approval is required for modifications to phasing plans.

(Ord. 2021-08-02, passed 10-12-2021)

   (B)   Emergency vehicle access. An emergency vehicle apparatus lane, including any required turn-around, shall conform to applicable building and fire code requirements. Fire sprinklers may also be required where a lot is not adequately served by a fire hydrant with sufficient water pressure.

      (1)   Granting the modification is necessary to achieve planned housing densities, as allowed by the underlying zone, or to improve development compatibility with natural features or adjacent land uses;

      (2)   Where a proposed subdivision would abut an existing subdivision with standard or larger sized lots, the perimeter of the proposed subdivision shall contain standard or larger sized lots; except that this provision does not apply where the existing lots are larger than 10,000 square feet; and

      (3)   The (city decision-making body) may require screening, buffering, or other transitions in site design where substandard lots are proposed to abut standard or larger sized lots.

(Ord. 2021-08-02, passed 10-12-2021)

   Applications for preliminary plat approval shall contain all of the following information:

      (1)   Name of proposed partition or subdivision (partitions are named by year and file number). This name shall not duplicate the name of another land division in Washington County (check with County Surveyor);

      (2)   Date, north arrow, and scale of drawing;

      (3)   Location of the development sufficient to define its location in the city, boundaries, and a legal description of the site;

      (4)   Zoning of parcel to be divided, including any overlay zones; and

      (5)   A title block including the names, addresses and telephone numbers of the owners of the subject property and, as applicable, the name of the engineer and surveyor, and the date of the survey;

      (6)   Identification of the drawing as a "preliminary plat"; and

         (d)   Ground elevations shown by contour lines at 2-foot vertical interval. Such ground elevations shall be related to some established benchmark or other datum approved by the County Surveyor; the Planning Commission may waive this standard for partitions when grades, on average, are less than 6%;

         (e)   The location and elevation of the closest benchmark(s) within or adjacent to the site (i.e., for surveying purposes);

         (f)   The base flood elevation, per FEMA Flood Insurance Rate Maps, as applicable;

         (g)   North arrow and scale; and

         (h)   Other information, as deemed necessary by the City Planning Official for review of the application. The city may require studies or exhibits prepared by qualified professionals to address specific site features and code requirements.

      (8)   Proposed development (may be depicted on more than 1 map). Except where the City Planning Official deems certain information is not relevant, applications for preliminary plat approval shall contain all of the following information on the proposed development:

         (a)   Proposed lots, streets, tracts, including private open space, common area, or streets, if any, and approximate dimensions, area calculation (e.g., in square feet), and identification numbers for all proposed lots and tracts;

         (b)   Location, names, right-of-way dimensions, approximate radius of street curves, and approximate finished street center line grades;

         (c)   Any streets and tracts that are being held for private use and all reservations and restrictions relating to such private tracts shall be identified;

         (d)   The Planning Commission shall also require a dedication of land for public park and recreation purposes. The public park dedication shall not exceed 15% (0 to 15%) of the buildable land area within the subdivision;

         (e)   Easements: location, width and purpose of all proposed easements;

         (f)   Proposed uses of the property, including all areas proposed to be dedicated as public right-of-way or reserved as open space for the purpose of surface water management, recreation, or other use;

         (g)   Proposed public street improvements, consistent with the Public Works Design Standards Manual, including evidence of contact with the applicable road authority, if different than the city, where a new street connection is proposed;

         (h)   On slopes exceeding an average grade of 10%, as determined by the City Engineer, the preliminary location of development on lots (e.g., building envelopes), demonstrating that future development can meet minimum required setbacks and applicable engineering design standards for streets, driveways, drainage, and retaining walls, as applicable;

         (i)   Preliminary design for extending city water service to each lot consistent with the Public Works Design Standards Manual;

         (j)   Preliminary design for extending sanitary sewer service to each lot, and a Service Provider Letter from Clean Water Services;

         (k)   Proposed method of storm water drainage and treatment, if required, consistent with the Public Works Design Standards Manual and a Service Provider Letter from Clean Water Services;

         (l)   The approximate location and identity of other utilities, consistent with the Public Works Design Standards Manual including the locations of street lighting fixtures, as applicable;

         (m)   Evidence of compliance with applicable overlay zones, including but not limited to those regulating development in flood hazard areas.

(Ord. 2021-08-02, passed 10-12-2021)

   (A)   Approval criteria. The Planning Commission shall approve, approve with conditions, or deny a preliminary plat application. The Planning Commission decision shall be based on findings of compliance with all of the following approval criteria:

      (1)   All proposed lots, blocks, and proposed land uses shall conform to the applicable provisions of the underlying zoning, unless a variance is approved pursuant to this chapter;

      (2)   Access to individual lots, and public improvements necessary to serve the development, including but not limited to water, sewer, storm drainage, and streets, shall conform to the Public Works Design Standards Manual, to applicable city standards and the requirements of the respective service providers;

      (3)   The proposed streets, utilities, and water facilities conform to City of Banks Public Works Design Standards Manual, adopted public facility master plans and allow for logical transitions to existing and potential future development on adjacent lands. The preliminary plat shall identify all proposed public improvements and dedications;

      (4)   The proposed plat name is not already recorded for another subdivision, and the plat is consistent with the provisions of O.R.S. Chapter 92;

      (5)   Subdivisions shall contain a minimum 15% open space except as modified by other provisions of this code. Open space areas meeting this standard include lands designated for public parks, trails, common areas maintained by homeowners' associations, and areas with protected natural resources. Open space shall be identified on the preliminary plat, and maintenance of such areas is assured through appropriate legal instrument;

      (6)   Evidence that any required state and federal permits, as applicable, have been obtained or can reasonably be obtained prior to the final plat;

      (7)   Evidence that improvements or conditions required by the city, road authority, Washington County, special districts, utilities, and/or other service providers, as applicable to the project, have been or can be met; and

      (8)   All proposed lots, except those reserved as common area or open space, contain sufficient buildable area for at least 1 dwelling, given existing natural features, if any, and the setback and lot coverage standards of the underlying zone.

(Ord. 2021-08-02, passed 10-12-2021)

   Variances are processed in accordance with §§ 152.075 and 152.076. Applications for variances associated with proposed land divisions shall be submitted at the same time as the application for the land division, and, when practical, the applications shall be reviewed concurrently.

(Ord. 2021-08-02, passed 10-12-2021)

   (A)   Final plat required. Final plats require review and approval through a Type II review prior to recording with Washington County. The applicant shall submit an application for final plat approval within 4 years of the approval of the preliminary plat. A professional land surveyor licensed by the State of Oregon shall prepare the final plat, which shall conform to O.R.S. Chapter 92.

      (1)   The final plat is consistent in design (e.g., number, area, dimensions of lots, easements, tracts, right-of-way) with the approved preliminary plat, and all conditions of approval have been satisfied;

      (2)   All public improvements required by the preliminary plat have been installed and approved by the city, or applicable service provider if different than the City of Banks, or are otherwise bonded with a financial guarantee in a form or amount acceptable to the City Attorney;

      (3)   The streets and roads for public use are dedicated without reservation or restriction other than reversionary rights upon vacation of any such street or road and easements for public utilities;

      (4)   All required streets, access ways, roads, easements, and other dedications or reservations are shown on the plat;

      (5)   The plat and deed contain a dedication to the public of all public improvements, including but not limited to streets, public pathways and trails, access reserve strips, parks, water, and sewer facilities, as applicable;

      (6)   As applicable, the applicant has furnished acceptable copies of covenants, conditions and restrictions (CC&R's); easements, maintenance agreements (e.g., for access, common areas, surface water facilities, parking, and the like); and other documents pertaining to common improvements recorded and referenced on the plat;

      (7)   Written verification from clean water services that sanitary sewer service is provided to every lot depicted on the plat and the development conforms to applicable surface water management and storm drainage requirements; and

      (8)   The plat contains an affidavit by the surveyor who surveyed the land, represented on the plat to the effect the land was correctly surveyed and marked with proper monuments as provided by O.R.S. Chapter 92, indicating the initial point of the survey, and giving the dimensions and kind of such monument and its reference to some corner approved by the Washington County Surveyor for purposes of identifying its location.

(Ord. 2021-08-02, passed 10-12-2021)

   A new lot is not a legal lot for purposes of ownership (title), sale, lease, or development/land use until a final plat for the subdivision or partition containing the lot is recorded. Requests to validate an existing lot created through means other than a final plat ("lot of record") shall follow the procedures set forth in O.R.S. 92.010 - 92.190. The final plat filing and recording requirements are as follows:

   (C)   Prerequisites to recording the plat.

      (1)   No plat shall be recorded unless all ad valorem taxes and all special assessments, fees, or other charges required by law to be placed on the tax roll have been paid in the manner provided by O.R.S. Chapter 92.

      (2)   No plat shall be recorded until the County Surveyor approves it in the manner provided by O.R.S. Chapter 92.

(Ord. 2021-08-02, passed 10-12-2021)

   Any plat or portion thereof may be re-platted or vacated upon approval of an application signed by all of the owners as appearing on the deed. Except as required for street vacations, the same procedure and standards that apply to the creation of a plat [preliminary plat followed by final plat) shall be used to re-plat or vacate a plat. Street vacations are subject to O.R.S. Chapter 271. A re-plat or vacation application may be denied if it abridges or destroys any public right in any of its public uses, improvements, streets or alleys; or if it fails to meet any applicable city standards.

(Ord. 2021-08-02, passed 10-12-2021)

   A property line adjustment is the modification of lot boundary when no lot is created. The Planning Commission reviews applications for property line adjustments pursuant with the administrative land use decision procedure under § 151.232. Administrative Review. The application submission and approval process for property line adjustments is as follows:

      (3)   Access and road authority standards. All lots and parcels conform to the standards or requirements of § 151.174(E), and all applicable road authority requirements are met. If a lot is nonconforming to any city or road authority standard, it shall not be made less conforming by the property line adjustment.

(Ord. 2021-08-02, passed 10-12-2021)

   Any violation of this chapter or a provision of any permit or land use decision approved under the authority of this chapter is a civil infraction and a nuisance, enforceable under the provisions of chapter 37, Civil Enforcement, and any other lawful remedy or procedure, including a suit for declaratory and injunctive relief in Circuit Court. The city is entitled to recover its reasonable enforcement costs expended in any such enforcement action to applicable fines and penalties.

(Ord. 2021-08-02, passed 10-12-2021)

   A land division, whether by a subdivision, creation of a street, or a partitioning, shall conform to any approved development plans, shall take into consideration any preliminary plans made in anticipation thereof, and shall conform to the design standards established by these regulations, the policies and elements of the city's Comprehensive Plan, and any other ordinances or laws not in conflict herewith. (Ord. 2021-08-02, passed 10-12-2021)

   (A)   The person making a land division shall have the responsibility of providing the following improvements and pursuant to plans and specifications as approved by the City Engineer and in conformance with the design standards contained in this chapter:

      (1)   All street grading;

      (2)   Installation of roadway curbs and permanent roadway paving;

      (3)   Installation of facilities for proper storm drainage and erosion control facilities;

      (4)   Installation of sidewalks;

      (5)   Sanitary sewers;

      (6)   Water mains;

      (7)   Street trees;

      (8)   Street lights; and

      (9)   Landscaping and other improvements of common areas, buffer areas, playgrounds, trails entry features, and the like.

   (B)   The city shall not issue a building permit and shall withhold all public improvements of whatsoever nature, including the maintenance of streets, furnishing sewer facilities and water and electric services in all subdivisions or partitions until adequate provision for the installation of the improvements required shall have been made by the divider or his or her successor in interest. The advance provisions for public improvements may include the formation of a local improvement district, cash deposits, surety bonds, or legally binding escrows sufficient to discharge the full amount of the divider's liability for necessary and required facilities and improvements. The advance provisions for other improvements may also include the bonds and other binding agreements as may be acceptable to the city. In addition, the city may require a maintenance bond or insurance to assure repair or replacement of defective improvements within the subdivision up to 3 years after acceptance by the city.

(Ord. 2021-08-02, passed 10-12-2021) Penalty, see § 152.999

      (1)   Provide for the continuation or appropriate projection of existing collector or arterial streets in surrounding areas;

      (2)   Confirm to a plan for the neighborhood approved or adopted by the Planning Commission to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impractical;

      (3)   Provide adequate pedestrian and bicycle access and circulation for all neighborhood activity centers, including existing and planned schools, parks, shopping areas, transit stops and employment centers; or

      (4)   Sidewalks, planter strips, and bicycle lanes shall be installed in conformance with the street standards of the Public Works Design Standards. Maintenance of sidewalks and planter strips in the right-of-way is the continuing obligation of the adjacent property owner. Bikeways or bicycle lanes shall be required along collectors. Sidewalks shall be required along collectors.

      (1)   Unless otherwise approved in accordance with the provisions below or those of division (K) below, the street right-of-way and roadway widths shall comply with the Public Works Design Standards.

   (I)   Street names. Except for extensions of existing streets, no street name shall be used which will duplicate or be confused with the name of an existing street. Street names and numbers shall conform to the established plan of the city and shall be subject to the approval of the Planning Commission.

      (1)   The establishment of the public street is initiated by the City Council and is declared essential for the purpose of general traffic circulation and the partitioning of land is an incidental effect rather than the primary objective of the street;

      (2)   The tract in which the street is to be dedicated is a major partition within an isolated ownership either of not over 1 acre or of the size and characteristics as to make it impossible to develop building sites for more than 3 dwelling units;

      (3)   The street has been approved by the Fire Marshal and has been found to provide adequate emergency vehicle access;

      (4)   The street has been found to provide adequate access for utilities; and

      (5)   In the case of a private street, provisions have been made to insure adequate maintenance of the street and any utilities within it.

   (M)   Off-site road improvements. Where off-site road improvements are otherwise required as a condition of development approval, they shall include facilities accommodating convenient pedestrian and bicycle travel, including bicycle ways along arterials and major collectors and projects identified in the Banks Bicycle and Pedestrian Plan.

(Ord. 2021-08-02, passed 10-12-2021)    Penalty, see § 152.999

   (A)   Generally. The length, width, and shape of blocks shall take into account the need for adequate building site size and street width and shall recognize the limitations of the topography.

      (1)   All local and collector streets that stub into a development site shall be extended within the site to provide through circulation unless prevented by environmental or topographical constraints, existing development patterns, or compliance with other standards in this code. This exception applies when it is not possible to redesign or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15% for a distance of 250 feet or more. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the environmental or topographic constraint precludes some reasonable street connection.

         (d)   Not applicable to the Industrial Zone.

      (3)   Pedestrian/bicycle accessway standards. Where a street connection in conformance with the maximum block length standards in division (B) is impracticable, a pedestrian/bicycle accessway shall be provided at or near the middle of a block in lieu of the street connection. The city may also require developers to provide a pedestrian/bicycle accessway where a cul-de-sac or other street is planned and the accessway would connect the streets or provide a connection to other developments. Such access ways shall conform to all of the following standards:

         (a)   If the streets within the subdivision or neighborhood are lighted, all accessways in the subdivision shall be lighted. Accessway illumination shall provide at least 2 foot candles;

         (b)   A right-of-way or public access easement provided in accordance with division (a) that is less than 20 feet wide may be allowed on steep slopes where the decision body finds that stairs, ramps, or switch-back paths are required;

         (c)   All pedestrian/bicycle accessways shall conform to applicable ADA requirements;

         (d)   The city may require landscaping as part of the required accessway improvement to buffer pedestrians from adjacent vehicles, provided that landscaping or fencing adjacent to the accessway does not exceed 4 feet in height; and

         (e)   Which may be modified by the decision body without a variance when the modification affords greater convenience or comfort for, and does not compromise the safety of, pedestrians or bicyclists.

      (4)   Connections within development. Connections within developments shall be provided as required in divisions (a) through (c), below:

         (a)   Walkways shall connect all building entrances to one another to the extent practicable;

         (b)   Walkways shall connect all on-site parking areas, storage areas, recreational facilities and common areas, and shall connect off-site adjacent uses to the site to the extent practicable. Topographic or existing development constraints may be cause for not making certain walkway connections; and

         (c)   Large parking areas shall be broken up so that no contiguous parking area exceeds 3 acres. Parking areas may be broken up with plazas, large landscape areas with pedestrian access ways (i.e., at least 20 feet total width), streets, or driveways with street-like features, street-like features, for the purpose of this section, means a raised sidewalk of at least 4 feet in width, 6-inch curb, accessible curb ramps, street trees in planter strips or tree wells, and pedestrian-oriented lighting.

      (2)   Safe, direct, and convenient walkways within developments shall provide safe, reasonably direct, and convenient connections between primary building entrances and all adjacent streets, based on the following definitions:

         (a)   Walkways shall connect all building entrances to one another to the extent practicable.

         (b)   Walkways shall connect all on-site parking areas, storage areas, recreational facilities, and common areas, and shall connect off-site adjacent uses to the site to the extent practicable. Topographic or existing development constraints may be cause for not making certain walkway connections.

         (c)   Large parking areas shall be broken up so that no contiguous parking area exceeds 3 aces. Parking areas may be broken up with plazas, large landscape areas with pedestrian access ways (i.e., at least 20 feet total width), streets or driveways with street-like features, street-like features for the purpose of this section, means a raised sidewalk of at least 4 feet in width, 6-inch curb, accessible curb ramps, street trees in planter strips or tree wells, and pedestrian-oriented lighting.

(Ord. 2021-08-02, passed 10-12-2021) Penalty, see § 152.999

   (A)   Size and shape. The size, width, shape, and orientation of building sites shall be appropriate for the location of the land division and for the type of development and use contemplated, and shall be consistent with the residential lot size provisions of the zoning ordinance and Comprehensive Plan with the following exceptions.

      (1)   In areas that will not be served by a public sewer, minimum lot and parcel sizes shall permit compliance with the requirements of the Department of Environmental Quality and shall take into consideration problem of sewage disposal, particularly problems of soil structure and water table as related to sewage disposal by subsurface or other means.

      (2)   Where property is zoned and planned for business or industrial use, other widths and areas may be permitted at the discretion of the Planning Commission. Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for off-street parking and service facilities required by the type of use and development contemplated.

(Ord. 2021-08-02, passed 10-12-2021) Penalty, see § 152.999

   Grading of building sites, and excavation of the placement of fill, shall conform to the requirements of Chapter 70 of the Uniform Building Code, hereby adopted by reference, and to the following standards, unless physical conditions demonstrate the propriety of other standards or methods of grading, including but not limited to, retaining walls, stabilized slopes, and vegetative cover:

   (A)    Finish and fill cut slopes shall not exceed 1 foot vertically to 2 feet horizontally; and

   (B)   The character of soil for fill and the characteristics of lots and parcels made usable by fill shall be suitable for the purpose intended.

(Ord. 2021-08-02, passed 10-12-2021) Penalty, see § 152.999

   If building setback lines in excess of those set forth in the City Zoning Ordinance are to be established in a subdivision, they shall be included in the deed restrictions.

(Ord. 2021-08-02, passed 10-12-2021) Penalty, see § 152.999

   In dividing tracts into large lots or parcels which at some future time are likely to be again divided, the Planning Commission may require that the blocks be of the size and shape, be so divided into building sites and contain the site restrictions as will provide for extension and opening of streets at intervals which will permit a subsequent division of any tract into lots or parcels of smaller size.

(Ord. 2021-08-02, passed 10-12-2021)

   (A)   Land subject to flooding, wetland, or land adjacent to a street, highway, or other incompatible land use, or environmentally sensitive or unusual terrain unsuitable as a park or recreation area, and unsuitable for real estate development or improvement shall be preserved for its proper use as flood control land or open space and dedicated to the public for the use. The Planning Commission shall also require a dedication of land for public park and recreation purposes. The public park dedication shall not exceed 15% of the buildable land area within the subdivision.

   (B)   Where a park playground, school, or other public use is determined to be needed in whole or in part within a subdivision, to carry out the goals and policies of the Banks Comprehensive Plan, the subdivider shall dedicate and reserve adequate space for the purpose, provided however, that the city or other public authority shall thereupon declare its intention to utilize the area within the land division when the Planning Commission finds the requirements to be reasonably necessary for the public health and safety. Where the city or other public authority has declared its intention to acquire the area, it shall proceed to perfect the title or a contract right to the same within 3 years from the date of platting, and failing such, this reservation shall automatically expire. The public body shall expeditiously proceed, within its financial ability, to consummate the acquisitions.

(Ord. 2021-08-02, passed 10-12-2021)

   All utilities shall be installed underground unless otherwise approved by the Planning Commission. Plans and specifications for public improvements are subject to approval by the City Engineer. Where feasible, water mains shall be looped. Sizing and spacing of waterlines and fire hydrants is subject to review by the Fire Chief. In addition, sanitary sewer facilities, storm drainage and erosion control facilities are subject to approval by the Unified Sewerage District. Erosion control measures are required in accordance with City of Banks Resolution No. 12-89.

(Ord. 2021-08-02, passed 10-12-2021) Penalty, see § 152.999

   Street trees shall be installed by the subdivider at a spacing of 30 feet on center within the parking strip of all streets. Species and size of proposed street trees shall be indicated on a landscaping plan to be submitted as part of the tentative subdivision plan.

(Ord. 2021-08-02, passed 10-12-2021) Penalty, see § 152.999

   In subdivisions of more than 20 dwelling units, the Planning Commission may require that a common area be set aside for the storage of vehicles such as recreational vehicle, boats, trailers, or vehicle in excess of the number of vehicles for which adequate off-street parking space has been otherwise provided.

(Ord. 2021-08-02, passed 10-12-2021)

   (A)   The Planning Commission or City Council, as the case may be, may authorize condition variances to requirements of these regulations. Application for a variance shall be made by a petition of the land divider, stating fully the grounds of the application and the facts relied upon by the petitioner. The petition shall be filed with the tentative plan.

   (B)   A variance may be granted only in the event that all of the following circumstances exist.

      (1)   Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same vicinity, and result from tract size or shape, topography of other circumstances over which the owners of property since enactment of this chapter have had no control.

      (2)   The variance is necessary for the preservation of a property right of the application substantially the same, as owners of other property in the same vicinity possess.

      (3)   The variance would not be materially detrimental to the purposes of this chapter, or to property in the same vicinity in which the property is located or otherwise conflict with the objectives of any city plan or policy.

      (4)   The variance requested is the minimum variance which would alleviate the hardship.

(Ord. 2021-08-02, passed 10-12-2021)

   In granting or denying a variance, the Planning Commission shall make a written record of its findings and the facts in connection therewith, and shall describe the variances granted and the conditions designated. The city shall keep the findings on file as a matter of public record.

(Ord. 2021-08-02, passed 10-12-2021)

   The City Planner and City Planning Commission shall review, recommend, and approve or disapprove land division plans and shall administer the provisions of these regulations. Whenever a land division plan is disapproved, a similar application cannot be submitted for the property following a 6-month period from the disapproval date, unless the reason(s) for the denial has been corrected by the applicant. The corrected application will be considered as a new application.

(Ord. 2021-08-02, passed 10-12-2021)

   An action or ruling of the City Planner or the Planning Commission authorized by this chapter may be appealed to the Planning Commission or City Council respectively by filing written notice of appeal with the City Recorder within 10 days after the City Planner or Planning Commission has rendered its decision. If no appeal is taken within the 10-day period, the decision of the Planning Commission or City Council shall receive a report and recommendation from the City Planner or Planning Commission and shall hold a public hearing on the appeal of the public hearing shall be by publication in a newspaper of general circulation.

(Ord. 2021-08-02, passed 10-12-2021)

   Petitions, applications, and appeals provided for in these regulations shall be made on forms provided for this purpose or as otherwise prescribed by the Planning Commission in order to assure the fullest practical presentation of pertinent facts and to maintain a permanent record.

(Ord. 2021-08-02, passed 10-12-2021)

   Notice of the purpose and time and place of any public hearing required by these regulations shall be given by the City Recorder in the following manner.

   (A)   Notice of public hearing shall be mailed not less than 10 days prior to the hearing to owners of property within 250 feet of the boundaries of the area proposed to be partitioned or subdivided. The list of property owners shall be based on records at the Washington County Department of Assessment and Taxation.

   (B)   In addition, notices shall be posted at 1 or more locations in the city, including City Hall and the site proposed to be partitioned or subdivided, at least 10 days prior to the hearing.

(Ord. 2021-08-02, passed 10-12-2021)

   (A)   Violation of the provisions of these regulations or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500 in addition shall pay all costs and expenses involved in the case. Each day the violation continues shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains the violation may each be found guilty of a separate offense and suffer the penalties herein provided.

   (B)   Nothing herein contained shall prevent the city from taking the other lawful action as is necessary to prevent or remedy any violation.

(Ord. 2021-08-02, passed 10-12-2021)