In their interpretation and application the provisions of this article shall be held to be the minimum requirement adopted for the public health, safety, and welfare. These provisions are intended to provide for a) permanently wholesome community environment; b) adequate public service; c) safe streets, and are intended to accomplish the following objectives:

1.

Better living conditions within new subdivisions and partitions;

2.

Areas which may be economically developed;

3.

Simplified and definite land descriptions;

4.

Establishment and development of streets, utilities and public areas;

5.

Stabilization of property values in subdivisions or partitions and adjacent areas; and

6.

To facilitate provision of housing at a reasonable cost.

1.

No person shall effect a lot line adjustment or subdivide or partition an area or tract of land without compliance with the provisions of this article.

2.

No person shall dispose of, transfer, sell, or agree, offer or negotiate to sell any lot in any subdivision or partition with respect to which approval is required by the provisions of this ordinance until such approval is obtained and the plat thereof has been acknowledged and recorded in the Wallowa County Clerk's office.

3.

No person shall dispose of, transfer or sell any parcel in a subdivision or major or minor partition prior to approval as required by the provisions of this ordinance.

4.

No person subdividing or partitioning a parcel of land shall lay out, construct, open or dedicate thereon a street, sanitary sewer system, storm drainage system, water supply or other improvements for public or common use unless the subdividing or partitioning has received preliminary construction plan approval pursuant to the provisions of this ordinance.

1.

No person shall complete a lot line adjustment without applying for and receiving the approval from the City Recorder. Applications for a lot line adjustment shall include a map, superimposed upon a tax lot map, showing the dimensions of the proposed lot line adjustment. The application shall contain such additional information as is necessary to determine whether the proposed transfer constitutes a lot line adjustment or a subdivision or partition.

2.

Lot line adjustment applications shall be determined by the City Recorder and no public hearing shall be required. The City Recorder may refer a lot line adjustment to the Commission for review or decision. Lot line adjustments may be approved on the following findings:

A.

The conveyance proposed will not create a new lot or parcel and will constitute a lot line adjustment as defined in this ordinance; and

B.

Every parcel affected by the proposed transfer will constitute a lawful parcel under this ordinance and that the lot line adjustment will not cause any land in present contiguous ownership to be of a size or configuration not in compliance with the standards for new lots under this ordinance.

C.

The new lot line created by the lot line adjustment shall be set back from existing buildings in a manner that complies with the setback requirements of this ordinance.

3.

If the lot lime adjustment adjusts a boundary in a manner that is parallel to the pre-existing boundary, no survey is required in conjunction with such lot line adjustment. In the event the adjusted boundary is not parallel to the preexisting boundary, the applicant shall cause to be prepared, and filed with the office of the County Surveyor, a survey of the adjusted boundary lines; a copy of such survey shall be filed with the City Recorder prior to final approval of the lot line adjustment by the city.

1.

If no new lot or parcel is created by a proposed conveyance, then such conveyance shall be treated as a lot line adjustment. A conveyance of property which has the effect of creating additional lots or parcels is always a partition or subdivision.

2.

In determining whether a proposed conveyance involves the creation of an additional lot or parcel, the following rules apply:

A.

A lot created by a lawful subdivision or partition, recorded in the office of the Wallowa County Clerk, is always a separate and discrete parcel. For example, the division of an existing lot into two (2) parts for the purpose of joining it with an adjacent lot does not involve the creation of a parcel and is therefore a lot line adjustment.

B.

The conveyance of a portion of an unplatted parcel, for purposes of adding it to a pre-existing platted lot, or any other pre-existing parcel, does not involve the creation of an additional parcel and therefore is a lot line adjustment.

C.

If a parcel or a tract of land has, at any time since the recording of the federal patent, been a separate parcel, in separate ownership, it shall be considered a separate and discrete parcel for purposes of determining whether a lot line adjustment, or subdivision or partition is involved. If a tract of contiguous land, presently under a single ownership, is composed of parts that were formerly separate parcels, then the tract of land may be divided into as many parts as there were historic separate parcels and no new lot parcel shall be deemed to be created thereby. Any adjustment of the boundaries of said historic parcels may be conducted as a lot line adjustment.

D.

Boundaries of tax lots, as established by the assessor's records, do not determine or control whether a tract of land is a separate parcel. Generally, a tax lot shall be considered as being created for the administrative convenience of the assessor in assessing and collection ad valorem taxes on the property.

Any person desiring approval of a minor partition shall file an application with the City Recorder containing the information set forth in Section 9.320.

The following information shall be contained in an application for a minor partition:

1.

North point and scale and date.

2.

Names and addresses of the land owner(s), mortgagees, if any, the subdivider or partitioned and the engineer or surveyor responsible for the surveying and preparation of the description for each parcel involved.

3.

A plan of the proposed partition showing parcel dimensions, bearings of all lines, area of each parcel, the names of existing and proposed streets and the location and dimensions of existing and proposed buildings and structures.

4.

Topography, when considered necessary by the Council.

5.

Legal description.

6.

A statement regarding contemplated water supply and sewage disposal for each tract.

7.

Such additional information as the City Recorder deems necessary within the intent of this ordinance.

Whenever acreage, tracts or parcels are proposed to be partitioned without the creation of a street, an application shall be first submitted to the City Recorder containing such of the information specified in Section 9.320 herein, as may be required by the City Recorder. Review of the application shall occur after the notice and opportunity for comment provided by Section 10.410. Final approval may be obtained from the City Recorder without submission to the Commission, provided, however, the following conditions are meet:

1.

The proposed parcels conform to the minimum lot size requirement of this ordinance;

2.

That, given the shape and dimensions of the proposed parcels they are buildable after compliance with the required setbacks;

3.

The proposed parcels conform with the provisions of the Land Use Plan;

4.

The proposed parcels conform to the general provisions of this ordinance;

5.

Water and sewer mains can be provided to the lot line by extensions of no more than sixty (60′) feet;

6.

That, in the judgment of the City Recorder and Superintendent, streets serving the proposed parcels shall be adequately improved under the standards set forth in this ordinance to serve the proposed parcels.

The City Recorder shall, if provisions of subparagraph 5 or 6 of this section are not met, refer the matter to the Commission and, also, may refer any other minor partition applications to the Commission if considered appropriate by the City Recorder. The City Recorder shall have ten (10) days from submission of application to either approve or deny the application or refer the same to the Commission.

An access review shall be conducted as specified in Section 10.415 prior to a minor partition approval and conditions may be imposed upon said approval of a nature authorized by said sections. (Added by Ord. 523 § 1 (part), 1999)

Following approval of minor partition as provided in Section 9.330 the applicant shall cause to be prepared a final minor partition map meeting all the technical requirements of ORS Chapter 92. Said final partition maps shall be submitted to the City Recorder for review and shall be approved by the City Recorder in the event it is in conformance with, 1) the City Recorder or Commissions preliminary approval, and 2) the requirements of ORS Chapter 92.

1.

An applicant for approval of a subdivision or major partition may apply for such approval in the manner set forth in subparagraph 2. or subparagraph 3. below, at the election of the applicant.

2.

The applicant may submit an application which includes a conceptual plan of the subdivision, which meets the requirements of Section 9.415. In such event a conceptual review of the subdivision or partition will be conducted pursuant to Section 9.415. The tentative plan and engineering plans for the subdivision or major partition improvements need not be filed until completion of the conceptual review. The application will not be considered complete for land use law purposes until the tentative plan and engineering plans, which meet the requirements of this chapter, have been filed with the city.

3.

The applicant may alternatively file as its application a tentative plan and engineering plans which are in compliance with the requirements of this chapter. In such event no conceptual review shall be held under Section 9.415 and the application shall be reviewed pursuant to Section 9.470 and the other provisions of this chapter and the Land Use Ordinance.

(Ord. No. 548, § 1, 8-13-2007)

Editor's note— Ord. No. 548, § 1, adopted Aug. 13, 2007, amended App. I, § 9.410 title to read as herein set out. Former App. I, § 9.410 title pertained to submission of tentative subdivision or partition plan.

1.

An applicant desiring a conceptual review under this section shall submit a conceptual plan showing the street and lot layouts which contain sufficient information with respect to topography and subdivision or partition improvements to permit adequate and meaningful review by staff and commission of the matters which the applicant desires to secure conceptual review of.

2.

In addition to the conceptual plan, the applicant shall submit a certification, signed by a licensed Oregon professional engineer, that said engineer has reviewed the conceptual plan and believes the same to be feasible. If there is insufficient information upon which to base a conclusion of feasibility as to a particular matter, the engineer may so state in said certification. No conceptual plan shall be accepted for review unless accompanied by a certification complying with this subsection.

3.

Prior to commission review of a conceptual plan, the applicant and the applicant's licensed engineer shall meet with and review the same with city staff, including the city engineer. The applicant's engineer may attend such meeting by telephone conference, if necessary.

4.

The commission shall review the conceptual plan after the notification as set forth in Section 9.470. The commission shall review the conceptual plan and, to the extent feasible, provide preliminary guidance to the applicant as to the requirements of the city regarding street layout, lot layout and configuration, improvement standards and any other details of the subdivision or partition for the purpose of assisting the applicant in making decisions as to the tentative plan and the engineering plans for the subdivision or partition improvements. Any guidance or preliminary decisions provided by the commission shall not constitute a final land use decision and may be changed, reversed or altered at the time the tentative plan and engineering plans are reviewed pursuant to the procedures of the city of Enterprise Land Use Ordinance.

5.

After completion of the conceptual review under this section, the applicant shall have six (6) months to file a tentative plan and engineering plans for the subdivision or partition improvements, which comply with the requirements of this ordinance. An applicant may receive an extension of time from the city administrator of up to an additional six (6) months for filing of such tentative plan and engineering plans.

(Ord. No. 548, § 2, 8-13-2007)

The tentative plan of the subdivision or partition shall be on a scale of one (1″) inch equals one hundred (100′) feet or, for areas over one hundred (100) acres, one (1″) inch equals two hundred (200′) feet.

The following general information shall be shown on the tentative plan:

1.

Proposed name of the subdivision or partition. This name shall not duplicate nor resemble the name of another subdivision or partition in Wallowa County and shall be subject to approval by the Commission.

2.

Date, north point and scale of drawing and approximate acreage.

3.

Appropriate identification clearly stating the drawing is a tentative plat.

4.

Location of the subdivision or partition by a legal description ( e.g. by section, township and range reference or by other appropriate survey reference) sufficient to define the location and boundaries of the proposed tract.

5.

Names and addresses of the owner, contract seller, mortgagees, if any, subdivider or partitioner and engineer or surveyor.

6.

A vicinity map at a small scale, i.e., one (1″) inch equals four hundred (400′) feet, shall be provided showing:

A.

All existing lot lines and street rights-of-way immediately adjoining the proposed subdivision or partition and the location of the nearest public road(s).

B.

The manner in which streets and alleys in the proposed subdivision or partition may connect with existing or proposed streets and alleys in neighboring property to produce the most advantageous development of the entire area.

7.

Names of the owners of record of all contiguous land.

8.

The acreage of the proposed development.

9.

The location, widths and names of both opened and unopened streets within or adjacent to the tract, together with easements and other important features, such as section lines, corners, city boundary lines and monuments.

10.

Contour lines related to some established bench mark or other datum approved by the Superintendent and having minimum intervals as follows:

A.

For slopes of less than five (5%) percent: two (2′) feet.

B.

For slopes of five (5%) percent to fifteen (15%) percent: five (5′) feet.

C.

For slopes of over fifteen (15%) percent: ten (10′) feet.

11.

The location of at least one (1) temporary bench mark within the plat boundaries.

12.

The location, width, and direction of visible water courses and location of the boundary of any flood hazard area and/or floodway area, within the boundaries of the proposed tentative plat.

13.

Natural features such as rock outcroppings, marshes, wooded areas, isolated preservable trees, historic or other unique features.

14.

Existing uses of the property, including location of all existing structures to remain on the property after platting, and existing structures to be removed.

15.

The location in the adjoining streets or property of existing or proposed sewers and water mains, culverts and drain pipes, electrical conduits or lines proposed to be used or connected to the property to be subdivided or partitioned. The invert elevations of sewers, culverts and drains shall be shown at points of proposed connection.

16.

The Land Use Plan and zoning classifications of the proposed subdivision or partition and land adjacent to the proposed subdivision or partition.

17.

If located within a flood hazard zone, information required by ARTICLE 8 of this ordinance.

18.

The location, width, names, approximate grades and radii of curves of streets. The relationship of streets to any projected streets as shown on any development plan adopted by the Commission, or, if no development plan has been adopted, as may be suggested by the Commission in order to assure adequate traffic circulations.

19.

The location, width and purpose of easements.

20.

The location and approximate dimensions of lots and the proposed lot and block letters.

21.

Sites, if any, allocated for purposes other than single-family or two-family dwellings.

22.

All parcels of land intended to be dedicated for public use or reserved for common use of the property owners in the subdivision or partition with the purpose, condition or limitations of such reservation clearly indicated.

23.

The signature of a licensed Oregon surveyor shall be affixed to the tentative plan, to certify as to the accuracy of all survey information shown on the tentative plan. No tentative plan shall be accepted for review without such signature.

24.

The signature and stamp of a licensed Oregon professional engineer shall be affixed to the tentative plan to certify as to the accuracy of the information on the tentative plan pertaining to engineering plan for subdivision or partition improvements. No tentative plan shall be accepted for review without such signature.

(Ord. No. 548, § 3, 8-13-2007)

1.

Engineering plans for the subdivision or partition improvements shall be submitted with the tentative plan and shall be signed by and have the stamp of a licensed Oregon professional engineer. The engineering plans shall include engineering as to all plat improvements, including the precise location and elevations of the following:

(a)

Road widths, grades and alignments, connection to existing roadways and slopes and general details of driveway approaches to the roadway;

(b)

A drainage plan for the subdivision or partition, including any required storm drainage improvements within the subdivision and any off-site improvements;

(c)

Plans for curbs, gutters and sidewalks;

(d)

Plans for street lights, including standards, intensity and any proposed direction or shielding;

(e)

Plans for sewerage collection facilities, including sewer mains, manholes, service lines, the size location and grades thereof any required pumping stations and the location and design thereof and any off-site improvements to sewer mains to accommodate sewerage flow;

(f)

Plans for domestic water supply, including the size, location and design of all water mains to serve the subdivision or partition, the location of proposed fire hydrants, and proposed water service lines and water meters to serve each lot;

(g)

Plans for electrical power, telephone and cable TV distribution facilities, the design of facilities required by the applicable utility, and the location thereof relative to other improvements and the location of any required easements; and

(h)

Plans and details to demonstrate that all of the above described elements of the engineering plans will not conflict as to location and elevation, are in compliance with city standards and will function as intended;

(i)

Engineering plans shall not be accepted for filing nor reviewed without the signature and stamp of a licensed Oregon professional engineer being affixed thereto.

2.

In addition to the forgoing, the following supplementary information shall be submitted with the tentative plan:

(a)

Proposed deed restrictions, if any, in outline form;

(b)

Information identifying areas of high water tables;

(c)

The time and proposed improvements are to be installed; and

(d)

Such additional information as may be required by the commission to insure compliance with the objectives of this ordinance.

(Ord. No. 548, § 4, 8-13-2007)

Editor's note— Ord. No. 548, § 4, adopted Aug. 13, 2007, amended App. I, § 9.440 title to read as herein set out. Former App. I, § 9.440 title pertained to explanatory information with tentative plan.

If the subdivision or partition plat pertains to only part of the tract owned or controlled by the subdivider or partitioner, the Commission may require a sketch of a tentative layout for streets in the unsubdivided portion.

Upon receipt, the City Recorder shall furnish one (1) copy of a tentative plan and supplementary information to the Superintendent and such other agencies as are known to be affected, including, but not limited to, irrigation districts, special water districts, fire districts and school districts.

The Commission and Council shall review a subdivision and major partition pursuant to the procedures required for a limited land use decision under state law. The notice and review procedures set forth in Sections 10.410 and 10.420 shall be followed. In addition to the requirements of Section 10.410, a notice of the Commission's initial review meeting shall be published in a local newspaper of general circulation at least ten (10) days prior to the Commission's initial review. Any interested person may appear and comment, orally or in writing at such Commission review. Such public notice and opportunity for comment is not a public hearing and the city is not required to comply with the specific public hearing procedural requirements imposed by state law.

1.

Prior to commission review of the tentative plan, engineering plans and detailed construction plans and specifications, the applicant and the applicant's licensed engineer shall meet with and review the same with city staff, including the city engineer. The applicant's engineer may attend such meeting by telephone conference, if necessary.

2.

The commission shall review the tentative plan, and the engineering plans for all subdivision or partition improvements, and shall make a recommendation regarding a decision thereon to the council. Thereafter, the council shall review the same and make a final decision thereon without public hearing.

3.

Review shall consist of three (3) components, namely 1) the proposed plat layout and contents of the tentative plan, including the street circulation plan and lot dimensions, 2) the partition improvements, which provide the final subdivision and partition improvements including, including without limiting the forgoing, water facilities, sewer facilities, street facilities, sidewalks, curbs, storm drainage systems, street lighting and utility plan, and 3) detailed construction plans and specifications, providing sufficient detail for construction of the improvements.

4.

The engineering plans shall be finally approved by the commission and council as part of the review of the tentative subdivision or partition plan. Review of engineering plans for specified subdivision or partition improvements may be referred by the council to the superintendent for review and approval. Some or all of the detailed construction plans and specification may be prepared and filed with the city after approval of the tentative plan and engineering plans and shall thereafter be reviewed and approved by the superintendent. No construction of subdivision or partition improvements shall occur prior to (a) approval of the tentative plat and plan and the engineering plans by the council and (b) approval of the detailed construction plans and specifications by the council or superintendent.

5.

It is the responsibility of the applicant to secure an inspection by the superintendent of all subdivision or partition improvements at such inspection points as may be specified by the superintendent. No subsurface facility, such as a buried water or sewer line or appurtenance thereto, shall be covered prior to securing inspection and acceptance by the superintendent.

6.

An access review shall be conducted as specified in Section 10.415 and conditions may be imposed upon any subdivision or partition approval of a nature authorized by said section.

(Ord. No. 548, § 5, 8-13-2007)

Editor's note— Ord. No. 548, § 5, adopted Aug. 13, 2007, amended App. I, § 9.480 title to read as herein set out. Former App. I, § 9.480 title pertained to review of tentative plan and improvement specifications.

Within one (1) year after approval of the tentative plan, the subdivider or partitioner shall cause the subdivision or partition or any part thereof to be surveyed and a plat prepared in conformance with and indicating the same information as the tentative plan and any additional provisions required by the Commission. Time extensions may be granted, if so requested and deemed necessary by the Commission.

The final plat review shall be conducted by the Commission and Council, with the Commission making a recommendation to the Council. Review shall be made under the following criteria and form:

1.

Whether the final plat map is substantially in accord with the approved tentative plan and contains information and complies with the specific requirements of this ordinance and ORS Chapter 92.

2.

Whether the subdivision or partition improvements have been installed in accordance with the requirements and specifications required by the City and whether the Superintendent has inspected said improvements and accepted the same.

3.

In the event any improvements are proposed to be constructed after the recording of the final plat, the proposed bond or other agreement to be posted by the applicant to comply with the requirements of Section 9.550.

1.

The applicant shall submit a final plat containing all of the specific information required by ORS Chapter 92 or by this ordinance, together with all of the information required by the city's tentative plat approval. The supplementary information required by Section 9.540 shall be submitted with the final plat.

2.

Before approval by the Commission, the final plat shall indicate the signatures of all owners of the property, all persons set out in the dedication, signatures of the mortgagees, if any, the signature and seal of the surveyor or engineer responsible for the laying out of the subdivision or partition and all protective or restrictive covenants, together with the signatures of the following public officials:

A.

Enterprise Superintendent and City Recorder;

B.

Wallowa County Assessor;

C.

Wallowa County Tax Collector;

D.

City of Enterprise Surveyor or, if none, the Wallowa County Surveyor.

3.

All other public officials as required by law. All signatures must be with black India ink. The plat shall be presented and prepared on such material as required by ORS Chapter 92.

The following data shall accompany the final plat:

1.

A title report issued by a title insurance company in the name of the land, showing all parties whose consent is necessary and their interests in the premises.

2.

Sheets and drawings showing the following:

A.

Traverse data including the coordinates of the boundary of the subdivision or partition and ties to section corners and donation land claim corners, and showing the error of closure, if any.

B.

The computation of all distances, angles and courses shown on the final plat.

3.

All Homeowners Agreements, Articles, Covenants, Deed Restrictions, and By-laws applicable to the subdivision or partition.

4.

A certificate by the Superintendent that the subdivider or partitioner has complied with one (1) of the following alternatives:

A.

All improvements have been installed in accordance with the requirements of these regulations and with the action of the Commission giving conditional approval of the tentative plat; or

B.

An agreement has been executed as provided in Section 9.550 to assure completion of required improvements.

Before the Commission signs the final plat, the subdivider or partitioner shall either install the required improvements and repair existing streets and all other public facilities damaged during development, or file an agreement with the City specifying the improvements to be completed, guaranteeing that the improvements and repairs will be completed within the time period required by the Commission at the time of the tentative plan approval; the Commission shall, if possible, specify the terms of the agreement for improvements at the time the tentative plan is approved. The agreement may provide for the construction of the improvements in units, with one (1) block of street frontage being a minimum unit allowed.

1.

The subdivider or partitioner shall file with the agreement one (1) of the following to assure his or her faithful performance thereof:

A.

A surety bond executed by a surety company authorized to transact business in the State of Oregon in a form approved by the City Attorney.

B.

An agreement, duly signed and executed by the subdivider or partitioner, assigning his account in a legal savings institution in the State of Oregon to the City.

C.

Cash.

D.

Other agreements acceptable to the City Attorney, guaranteeing the required improvements will be completed within the time limit set by the Commission.

2.

Such assurances of full and faithful performance shall be for a sum determined by the Superintendent as sufficient to cover one hundred twenty (120%) percent of the cost of the improvements and repairs, including related city expense. The performance bond shall guarantee the improvements to be free of defects for two (2) years after written acceptance by the Superintendent.

3.

If the subdivider or partitioner proposed to construct all required improvements prior to final plat approval thereby avoiding posting a bond, as required by this section, then the subdivider or partitioner shall make appropriate arrangements with the Superintendent for inspection of all work at appropriate stages of completion at which an inspection can be made. Prior to approval of the final plat, the Superintendent shall certify that all required inspections were made at stages of completion whereby adequate inspection was possible and that the improvements comply with city specifications. If the subdivider or partitioner did not secure the Superintendent's inspection at a stage of completion where adequate inspection could be made then, as a condition of approval of a final plat, a performance bond guaranteeing improvements to be free of defects for two (2) years after acceptance by the City, shall be posted.

4.

If the subdivider or partitioner fails to carry out provisions of the agreement and the City has un-reimbursed costs or expenses resulting from such failure, the City shall call on the bond, savings account or if the cash deposit is less than the cost and expense incurred by the City, the subdivider or partitioner shall be liable to the city for the difference.

1.

If desired by the subdivider or partitioner, the final plat may contain only a portion of the approved preliminary plan, and if such portion is filed and recorded as provided in this chapter, the approval of the tentative plan shall remain effective for a one (1) year period. If requested, the Commission may authorize extensions, not to exceed one (1) year at a time.

2.

the Commission shall consider approval of a proposed final plat when an original and copies containing all the information required by this chapter, together with all supplementary information, has been submitted to the city and the following have occurred:

A.

Signatures of all parties specified in Section 9.530 have been obtained, together with the signatures of all owners of the property being subdivided or partitioned;

B.

A proposed agreement and/or bond for improvements, pursuant to Section 9.550 has been submitted or, if no such agreement or bond is required, certification report by the Superintendent that all required improvements, streets and public facilities have been completed.

3.

The Commission may withhold final approval of a plat until a field check, within a reasonable time, has been made by the appropriate city official or the county's surveyor as required by ORS Chapter 92. If the Commission determines that the final plat conforms to all requirements as specified by this ordinance and with the requirements specified by the Commission as part of its tentative plan approval, the Commission shall give its approval to the final plat, provided, however, that all supplemental documents and provisions for proposed improvements are satisfactory. If the Commission does not approve the plat, it shall advise the subdivider or partitioner of the changes or additions, within the scope of these regulations and its tentative plat approval, which must be made and shall afford him or her an opportunity to make such corrections. After approval of the final plat by the Commission, the same shall be referred to the Council, and after approval by the Council, and after all conditions to said approval have been met, the Mayor of the City of Enterprise shall, without delay, affix his or her signature to the final pint.

After approval by the Commission and the Council and signing by the Chairman and the Mayor, the subdivider or partitioner shall, without delay, submit the final plat for signatures of the following public officials:

1.

Wallowa County Treasurer and Wallowa County Assessor;

2.

Wallowa County Clerk for recording.

Approval of the final plat shall be null and void if the plat is not recorded within thirty (30) days after the date the county's signatures are obtained. After all the required signatures have been obtained, the subdivider or partitioner shall submit two (2) copies of the subdivision or partition plat to the City Recorder for inclusion in the official file.

The general regulations and design standards contained in this chapter shall apply to all land use applications, including subdivisions and partitions, and the design standards shall be applicable whenever the construction or improvement of facilities covered in this chapter are required in conjunction with a land use application. (Amended by Ord. 523 § 2 (part), 1999)

1.

The officer or body empowered to approve a particular application may require the applicant to construct or improve streets, sidewalks and bikeways necessary to serve the proposed use or as are otherwise provided in this section or ordinance. The facilities which may be required to be constructed include, but are not limited to, the following:

A.

Construction or improvement of streets, sidewalks, bikeways, or other transportation facilities (and dedication of necessary streets right-of-ways) whether on or off-site, to the standards set forth in the City's TSP and in this ordinance.

B.

Construction or improvement of City water and sewer main facilities necessary to serve the proposed use, whether on or off-site and dedication thereof to the City.

C.

Construction of such other utility facilities as are necessary and desirable to serve the proposed use including, without limiting the foregoing, storm drain facilities, electric distribution facilities, telecommunication facilities and cable television facilities.

2.

Sidewalks shall be required to the standards set forth in the TSP and in this ordinance in the following circumstances:

A.

In conjunction with new subdivisions, multi-family developments of four (4) or more units, planned developments, shopping centers and commercial districts.

B.

Along an arterial, collector and most local streets in conjunction with new uses served by a new street.

C.

In conjunction with any commercial use, or other use subject to site plan review, where (1) the use is in the CBD zone or in another area presently served by a sidewalk system, or adjacent to such an area, (2) the use is in, or adjacent to, an area presently without a sidewalk network that is planned for future sidewalks under the City's TSP capital improvements program and the sidewalks would connect to such future planned sidewalks, or (3) sidewalks would be in the public's interest due to public safety or other cause.

D.

Where offsite road improvements are required, they shall include facilities for safe and convenient pedestrian access.

3.

On-site facilities shall be provided which accommodate safe and convenient pedestrian and bicycle access from within new subdivisions, multi-family developments, planned developments, shopping centers and commercial districts to adjacent residential areas, transit stops and to neighborhood activity centers within one half mile of development. For purposes of this subsection, "neighborhood activity centers," includes, but is not limited to, existing or planned schools, parks, shopping areas, transit stops or employment centers. For purposes of this subsection, "safe and convenient" means bicycle and pedestrian routes, facilities and improvements which:

A.

Are reasonably free from hazards, particularly types or levels of automobile traffic which would interfere with or discourage pedestrian or cycle travel for short trips.

B.

Provide a reasonably direct route of travel between destinations such as between a transit stop and a store; and

C.

Meet travel needs of cyclists and pedestrians considering destination and length of trip; and considering that the optimum trip length of pedestrians in generally one quarter to one half mile.

4.

Bikeways, to the minimum specifications required by state law, shall be required along new arterials and major collector streets.

5.

Accessways may be required in new subdivisions or in conjunction with uses, requiring site plan review where pedestrian access and circulation could be better provided by virtue of an accessway rather than a sidewalk. As used herein "accessway" means a walkway that provides pedestrian and or bicycle passage either between streets or from a street to a building or other destination such as a school, park, or transit stop.

6.

Bicycle parking facilities shall be required in conjunction with new multi-family residential development of four (4) units or more, new retail office and institutional developments and all transit transfer stations or park and ride lots. (Added by Ord. 523 § 1 (part), 1999)

The location, width and grade of streets shall be considered in their relation to existing streets in the vicinity of the proposed subdivision or major partition, to topographical conditions, and to the proposed use of land to be served by the streets and shall be, wherever possible, prolongation of existing center lines. Streets shall be designed as to not create a hardship on abutting property owners. Private streets intended for public thoroughfare shall not be allowed. Streets should intersect at or as near right angles as practicable and, in no instance, shall they intersect at less than a seventy five (75°) degree angle. The Commission may modify these regulations if determined that topography or the small number of lots or parcels involved or other unusual, conditions justify such modifications. If not otherwise indicated in the Land Use Plan, or other pertinent city ordinances, streets shall conform to the standards as follows:

1.

Unless the Commission and Council determine that a lesser width is sufficient, minimum right-of-way width shall be as follows:

2.

STREET GRADES. No street grade shall be less than one half (½) of one (1%) percent nor in excess of ten (10%) percent, unless the Commission finds that, because of topographic condition, a steeper grade is necessary.

3.

RESERVE BLOCKS. Reserve blocks controlling the access to public ways or which will not prove taxable for special improvements may be required by the Commission but will not be approved unless such strips are necessary for the protection of the public welfare or of substantial property rights, or both, and in no case, unless the land comprising such strips is placed in the name of the city for disposal and dedication for street or road purposes whenever such disposal and dedication has the approval of the Commission or such other person as may have jurisdiction.

4.

ADDITIONAL RIGHTS-OF-WAY. Where topographical requirements necessitate either cuts or fills for the proper grading of the streets, additional rights-of-way shall be required to allow all cut and full slopes to be within the rights-of-way.

5.

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 provisions of the Land Use Plan and shall be subject to the approval of the Commission.

6.

STREET DEDICATION. If an area or unit of land to be subdivided or partitioned includes a portion of a right-of-way, highway or road, the location of which has been determined by the city but which has not been acquired by the city, the person subdividing or partitioning said land shall dedicate such right-of-way, highway or road for the purpose or use proposed up to the boundary of the subdivision or partition. In no instance shall a subdivider or partitioner be required to dedicate more than twenty-five (25%) percent of the total land area of the subdivision or partition.

7.

RADIUS AT STREET INTERSECTION. The property line radius at street intersections shall be approved by the city.

8.

TWO-LEVEL STREETS. Where it is determined that two-level streets best serve hillside tracts, the right-of-way shall be of sufficient width to provide on each level, space for one (1) sidewalk, plus a minimum width of twenty-two (22′) feet for roadways, curbs and drainage facilities. Between the two (2) street levels and out to the right-of-way lines, there shall be space for all cut and fill slopes.

9.

STREET IMPROVEMENTS. All plans and specifications for street improvements, including pavement, curbs, sidewalks and surface drainage shall be approved by the Commission prior to construction. Approval of the subdivision or partition may be withheld until the Commission is satisfied that all of the following improvements will be completed:

A.

Clearing and grading to full right-of-way limits.

B.

Storm drainage system facilities both within and outside of rights-of-way limits.

C.

Base and/or pavement materials for streets as specified by the Superintendent.

D.

Concrete curbs and sidewalks, if considered so necessary by the Commission.

10.

PAVING. Paving of streets shall be required. The Commission may defer the requirement of paving until a later date or time after receipt of an appropriate agreement or bond under Section 9.550 if immediate paving would cause any undue financial hardship.

11.

IMPROVEMENT STANDARDS. New streets shall be improved in accordance with the general design configuration relating to improved street width, curbs, sidewalks, planter and parking strips in accordance with the standards set forth in the City's Transportation System Plan. (Amended by Ord. 523 § 2 (part), 1999)

1.

Sidewalks shall be constructed to a width of five (5) feet adjacent to streets classified as local and collector streets, to a width of six feet adjacent to arterial streets, except in the Central Business District where the sidewalks shall be constructed to a width of twelve (12) feet, unless the City Council approves a narrower sidewalk.

2.

Sidewalks shall be constructed of concrete, unless the City Council authorizes an alternate material and shall be constructed to City specifications, as established by the Superintendent of Public Works. (Added by Ord. 523 § 1 (part), 1999)

Block lengths and widths shall be determined by giving consideration to the following factors:

1.

The distance and alignment of existing streets adjacent to or in the general vicinity of a proposed subdivision or partition;

2.

Topography;

3.

Adequate lot size;

4.

Need for and direction of the flow of through and local traffic, provided, however, that in no instance shall the block width be less than one hundred eighty (180′) feet, provided however, that the Commission need not require subdivision or partitions be laid out in blocks.

Where topographic or other conditions make it necessary or desirable, the Commission may require a walk through a block on a public right-of-way of such width, at such location and of such material or materials as the Commission may specify.

1.

All lots and parcels shall conform to minimums established in this ordinance.

2.

In cul-de-sacs the minimum lot or parcel line fronting the turnaround shall be fifty (50′) feet and, in no case, shall the lot or parcel width be less than sixty (60′) feet at the building line. If topography, drainage or other conditions justify, the Commission may require a greater area on any or all lots or parcels.

3.

An exception to the minimum lot size shall be applied to lots not served by a public sewer. In such cases the lot size shall permit compliance with the requirements of the Department of Environmental Quality and other factors deemed to be in the best interest of the public's health.

When front lot lines are on a curve or arc, the front line distance shall be indicated on the final plat by bearing and chord distance.

Side lot or parcel lines shall be as close to right angles to the front street line as practicable. Unless otherwise approved, rear lot lines shall be not less than one-half (½) the width of the front lot lines.

Unless otherwise approved because of some unusual topographic or other conditions, minimum building lines shall be in accordance with setback requirements of the zone in which the subdivision or partition is located.

Survey monuments shall be affixed at the site of all subdivision and partition of a type and at the locations as specified in ORS Chapter 92, together with other applicable provisions of Oregon State law.

Unless otherwise approved, all lots or parcels shall be serviced by the city's sewage system. The subdivider or partitioner shall furnish a set of plans from a professional engineer, registered in the State of Oregon, to the Commission, the Superintendent and the Department of Environmental Quality. Before construction begins, the subdivider or partitioner shall furnish the City a complete copy of the approved sewage plan and all necessary permits. The plans shall be reviewed and approved by the Superintendent prior to commencement of construction. In constructing the sewage system, care should be given so that each lot has easy access to the line. The subdivider or partitioner shall also use the following as design standards for the installation and construction of the system:

1.

All lines shall be placed on an even grade with a stub out of the last manhole.

2.

Manholes shall be spaced at three hundred (300′) foot intervals or at change of grade, change of direction, or change of pipe size. The manhole shall consist of concrete, forty two (42″) inches in diameter, built to grade level and covered with an Oregon standard traffic cast iron ring and lid with a minimum twenty four (24″) inch opening with one hole in the lid for pick opening. The line may be laid through the manhole, encased in concrete with a minimum of four (4″) inches of concrete under and over the pipe. Six (6″) inches shall be required in areas of high water table or in areas subject to flooding as on record in the City Recorder's office, with a protective barrier of plastic beneath the concrete. The finished bottom shall be sloped four (4) ways to the center trench, which shall be twenty four (24″) inches in length and as wide as the line inside diameter for cleaning and servicing.

3.

The minimum acceptable size for all main and trunk lines shall be eight (8″) inches in diameter. A larger line size may be necessary depending on location. A smaller diameter line may be approved if adequate in capacity under the specific circumstances. As used herein, a sewer 'main' is a large line that circulates and is cross connected to the sewer system. A sewer 'trunk line' is a sewer line that is a lateral dead end line. All pipe shall have a minimum 1500 ASTM (3) point bearing method (1500 lbs. crush strength per square inch). In areas of greater stress such as railroads or heavy traffic routes, pipe shall be ASTM 2500. Culverts shall be used when crossing under railroad tracks and pipes shall be encased therein. All lines shall be laid to facilitate basement connections and shall be compacted when backfilled to minimize settling.

4.

All connections shall be with either a sewer YEE or sewer gasket seal and saddle. The City will accept no responsibility or obligation for sewage service until the proposed extension is constructed according to the approved plans and the City has inspected the system and checked for water tightness. Upon completion of the system, the subdivider or partitioner shall, furnish the City with a complete set of plans indicating all specifications, types and profiles. The location, size and type of hookups and manholes shall also be provided as well as any additional information regarding the system. Additional sewer specifications may be found in relevant city ordinances. Construction of storm drainage systems shall use the same procedure and design standards as the sanitary sewer, but, in no instance, shall the storm drainage system be coupled into the sanitary sewage system. In the event it is impractical to connect the proposed subdivision or partition to the city sewer system, the Commission may authorize the use of septic tanks in accordance with the Department of Environmental Quality regulations governing the subsurface disposal of sewage, provided, however, in that event, minimum lot size shall be fifteen thousand (15,000′) square feet. In such cases, prior to final approval of the plat, it shall be the responsibility of the subdivider or partitioner to provide a Department of Environmental Quality statement of suitability for each and every lot or parcel.

The subdivider or partitioner shall be responsible for providing water lines to each lot or parcel and connecting the subdivision or partition to city mains as required by this section, the Superintendent and the Commission. All water mains shall be of adequate size to service future development of adjacent property and, in no instance, shall the line be less than six (6″) inches inside diameter and no less than Class one hundred fifty (150 PSI) pressure per square inch. Water mains shall be installed by the subdivider or partitioner to city specifications and the subdivider or partitioner shall arrange for inspection thereof by the Superintendent prior to the time the same are covered and prior to the time that other actions are taken that would make inspection difficult or impossible. Adequate water pressure shall be provided to each lot by the subdivider or partitioner.

It shall be the subdivider's or responsibility to provide fire protection in accordance with the provisions of this section. There shall be at least one standard hydrant, as in use by the city, not more than six hundred (600′) feet apart in any direction to be placed three (3′) feet away from the lot line and located at or as near as practicable to a street intersection. The hydrant shall consist of two hose nozzles and one pumper nozzle with a valve opening size of not less than five and one-quarter (5 1/4″) inches. The size of the supply line shall not be less than six (6″) inches inside diameter, and shall have an auxiliary valve. The installation of the fire protection facilities shall be performed by the City and billed to the subdivider or partitioner.

All permanent utility service to lots in a subdivision or partition shall be provided from underground facilities and no overhead utility service to a subdivision or partition shall be permitted. The subdivider or partitioner shall be responsible for complying with the requirements of this section and shall:

1.

Obtain all necessary permits for the placement of all underground facilities.

2.

Make all necessary arrangements with utility companies and other persons or corporations affected by the installation of such underground lines and facilities in accordance with the rules and regulations of the Public Utility Commissioner of the State of Oregon.

3.

Underground easement for utilities shall be provided for by the subdivider or partitioner and set forth on the final plat. Each easement shall be minimum of ten (10′) feet in width and, when possible, centered on a bordering lot line.

The Commission may authorize conditional variances to requirements of this ordinance. 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 or other circumstances.

2.

The variance is necessary for the preservation of a property rights of the applicant 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 ordinance, 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 is the minimum variance which would alleviate the hardship. In requesting a variance, the applicant shall submit a written statement specifying the reasons and conditions a specific variance should be granted. The request shall be submitted to the Commission before the presentation of the final plat. Prior to taking any action on the variance request, the Commission shall hold a public hearing after giving the notice as specified in Sections 10.430 through 10.460 of this ordinance. In granting or denying a variance, the Commission shall make a written record of its findings and the facts therewith, and shall describe the variance granted and the conditions designated. The City shall keep the findings on file as a matter of record.

1.

In all flood hazard areas it shall be the subdivider or partitioner's responsibility to provide base flood elevation data on proposed new developments greater than five (5) acres or fifty (50) lots, whichever is the lesser.

2.

Within flood hazard areas all subdivision and partition proposals involving the planned or potential construction of an additional structure shall comply with the following general standards:

A.

All proposals shall be consistent with the need to minimize flood damage;

B.

All proposals shall be reviewed to assure that all structures on all lots can comply with other city regulations governing construction in flood hazard areas, including foundation and floor elevation requirements;

C.

All proposals shall have adequate storm drainage systems provided to reduce exposure to flood damage; and

D.

All proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

3.

In the event base flood elevation data becomes generally available for flood hazard areas within the city, all subdivision and partition proposals shall include base flood elevation data. In the event such data is not required under subparagraph 1 of this section, the best information available shall be utilized to determine if the proposal is in conformance with the standards specified in subparagraph 2 of this section.