This chapter provides uniform standards for the division of land and the installation of related improvements within the corporate limits of the city for the purposes of protecting property values, and furthering the health, safety and general welfare of the citizens of Newport. The provisions of this chapter implement Statewide Planning Goals as addressed in the Newport Comprehensive Plan along with the applicable portions of Chapters 92 and 227 of the Oregon Revised Statutes.

A.

A person seeking approval of a land division shall submit the following to the Community Development Department:

1.

A completed city application form signed by the owner of the property or an authorized agent. If the application form is signed by an authorized agent, it must be accompanied by a document signed by the property owner authorizing the agent to act for the owner in the land division process.

2.

A tentative plan containing the information identified in Section 14.48.010(C).

3.

A narrative listing each applicable approval criterion or standard and an explanation as to how the criterion or standard is met.

4.

A vicinity map showing existing subdivisions and unsubdivided land ownerships adjacent to the proposed subdivision and showing how proposed streets and utilities will be extended to connect to existing streets and utilities and may be connected to future streets and utilities.

5.

Proposed deed restrictions, if any, in outline form.

6.

Approximate center line profiles with extensions for a reasonable distance beyond the limits of the proposed subdivision showing the finished grade of streets and the nature and extent of street construction.

7.

A plan for domestic water supply lines and related water service facilities.

8.

Proposals for sewage disposal, storm water drainage, and flood control, including profiles of proposed drainage ways.

9.

If lot areas are to be graded, a plan showing the nature of cuts and fills and information on the character of the soil.

10.

Where geologic hazards are known to exist on part or all of the property in question based on adopted maps of the City of Newport, a geologic hazard report is required and shall be provided in accordance with the requirements of Chapter 14.21. The report must clearly state what measures will be taken to safeguard against existing hazards.

11.

Written letters from public facilities (water, sewer, storm water, and streets) and utilities (electric and phone) identifying requirements for providing service to the land division.

12.

An application fee in an amount set by City Council resolution.

13.

A Trip Assessment Letter, if required by Chapter 14.43.

14.

A Traffic Impact Analysis, if required by Chapter 14.45.

15.

Other materials that the applicant believes relevant or that may be required by the city.

B.

The tentative plan of a land division shall be drawn such that the dimensions can be verified with the standard tick marks depicted on an Engineer's or Architects scale.

C.

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

1.

If a subdivision, the proposed name of the subdivision. This name shall not duplicate or resemble the name of another subdivision in the county and shall be approved by the Planning Commission.

2.

Date, northpoint, and scale of the drawing.

3.

Appropriate identification of the drawing as a tentative plan.

4.

Location of the property being divided sufficient to define its location and boundaries, and a legal description of the entire property being divided.

5.

Names and addresses of the owner, the applicant if different from the owner, and the engineer and/or surveyor.

6.

The following existing conditions shall be shown on the tentative plan:

a.

The location, widths, and names of existing streets and undeveloped rights-of-way within or adjacent to the tract, any existing easements, and other important features such as section lines, section corners, city boundary lines, and monuments.

b.

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

i.

For slopes of less than 5 percent: show the direction of slope by means of arrows or other suitable symbols, together with not less than four spot elevations per acre, evenly distributed.

ii.

For slopes of 5 percent to 15 percent: 5 feet.

iii.

For slopes of 15 percent to 20 percent: 10 feet.

iv.

For slopes of over 20 percent: 20 feet.

c.

The location and direction of water courses and the location of areas subject to flooding.

d.

Natural features such as wetlands, tidelands, marshes, or any natural resource identified as a protected Statewide Land Use Planning Goal 5 or Goal 17 resource on maps adopted by the city shall be identified. Other features, such as rock outcroppings, wooded areas, and isolated trees that serve as the basis of any requested modifications to the land division standards shall also be identified.

e.

Existing uses of the property and location of existing structures to remain on the property after platting.

f.

The location within the land division and in the adjoining streets and property of existing sewers, water mains, culverts, drain pipes, and utility lines.

7.

The following information shall be included on the tentative plan of a subdivision.

a.

The location, width, names, approximate grades, and radii of curves of proposed streets and the relationship of proposed streets to streets shown in the Transportation System Plan. Streets in existing adjacent developments and approved subdivisions and partitions shall also be shown, as well as potential street connections to adjoining undeveloped property.

b.

The location, width, and purpose of proposed easements.

c.

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

d.

Proposed sites, if any, allocated for purposes other than single-family dwellings.

D.

If the land division proposal pertains to only part of the property owned or controlled by the owner or applicant, the city may require a sketch of a tentative layout for streets in the undivided portion.

Streets created with a subdivision or partition shall meet the requirements of Section 14.44.060.

A.

Blocks created in land divisions shall be consistent with the standards in Table 14.48.020-A Modifications to the standards may be made by the approving authority pursuant to the standards in Chapter 14.33 if the street is adjacent to an arterial street, the location of adjoining streets, or other constraints identified in Section 14.33.100 justify the modification.

B.

Mid-block pedestrian and bicycle connections must be provided when the block length exceeds 300 feet to ensure convenient access for all users. Mid-block pedestrian and bicycle connections must be provided on a public easement or right-of-way every 300 feet, unless the connection is impractical due to topography, inadequate sight distance, high vehicle travel speeds, lack of supporting land use, or other factors that may prevent safe crossing; or a rational nexus to the proposed development is not established and the connection is not roughly proportional to the impacts created by the proposed land division.

Table 14.48.020-A. Block Length ¹

¹ All distances measured from edge of adjacent approaches.

² See Section 14.48.020(B).

³ All Arterial streets are under ODOT jurisdiction. ODOT facilities are subject to access spacing guidelines in the Oregon Highway and the Blueprint for Urban Design which vary based on posted speed and urban context.

A.

Utility Lines. Easements for sewers and water mains shall be dedicated to the city wherever a utility is proposed outside of a public right-of-way. Such easements must be in a form acceptable to the city. Easements for electrical lines, or other public utilities outside of the public right-of-way shall be dedicated when requested by the utility provider. The easements shall be at least 12 feet wide and centered on lot or parcel lines, except for utility pole tieback easements, which may be reduced to six feet in width.

B.

Utility Infrastructure. Utilities may not be placed within one foot of a survey monument location noted on a subdivision or partition plat.

C.

Water Course. If a tract is traversed by a water course such as a drainage way, channel, or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially to the lines of the water course, and such further width as will be adequate for the purpose. Streets or parkways parallel to the major water courses may be required.

A.

Size. The size (including minimum area and width) of lots and parcels shall be consistent with the applicable lot size provisions of the Zoning Ordinance, with the following exception: 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 the off-street service and parking facilities required by the type of use and development contemplated.

B.

Street Frontage. Each lot and parcel shall possess at least 25 feet of frontage along a street other than an alley.

C.

Through Lots and Parcels. Through lots and parcels are not allowed. Modifications may be made by the approving authority where they are essential to provide separation of residential development from major traffic arteries or adjacent nonresidential activities or to overcome specific disadvantages of topography and orientation. The approving authority may require a planting screen easement at least ten feet wide and across which there shall be no right of access. Such easement may be required along the line of building sites abutting a traffic artery or other incompatible use.

D.

Lot and Parcel Side Lines. The side lines of lots and parcels shall run at right angles to the street upon which they face, except that on curved streets they shall be radial to the curve. Modifications to this requirement may be made by the approving authority where it is impractical to do so due to topography or other conditions or when the efficient layout of the land division has the lines running as close to right angles (or radial) as practical.

E.

Special Setback Lines. All special building setback lines, such as those proposed by the applicant or that are required by a geological report, which are to be established in a land division, shall be shown on the plat, or if temporary in nature, shall be included in the deed restrictions.

F.

Maximum Lot and Parcel Size. Proposed lots and parcels shall not contain square footage of more than 175 percent of the required minimum lot size for the applicable zone. Modifications to this requirement may be made by the approving authority to allow greater square footage where topography or other conditions restrict further development potential or where the layout of the land division is designed and includes restrictions to provide for extension and opening of streets at intervals which will permit a subsequent division into lots or parcels of appropriate size for the applicable zone designation.

G.

Development Constraints. No lot or parcel shall be created with more than 50 percent of its land area containing wetlands or lands where the city restricts development to protect significant Statewide Land Use Planning Goal 5 or Goal 17 resources, except that areas designated as open space within a land division may contain up to 100 percent of a protected resource. Modifications to this requirement may be made by the approval authority if the approval authority determines that the proposed lot or parcel contains sufficient land area to allow for construction on the lot or parcel without impacting the resource or that a variance or other permit has been obtained to allow for impacts on the identified resource.

H.

Lots and Parcels Within Geologic Hazard Areas. Each new undeveloped lot or parcel shall include a minimum 1000 square foot building footprint within which a structure could be constructed and which is located outside of active and high hazard zones and active landslide areas (See Chapter 14.21 for an explanation of hazard zones). New public infrastructure serving a lot or parcel shall similarly be located outside of active and high hazard zones and active landslide areas.

(Ord. No. 2025-06, § 2(Exh. A), 10-6-2025)

A.

The following public improvements are required for all land divisions, except where a subdivision plat is reconfiguring or establishing rights-of-way for future public streets:

1.

Streets. All streets, including alleys, within the land division, streets adjacent but only partially within the land divisions, and the extension of land division streets to the intersecting paving line of existing streets with which the land division streets intersect, shall be constructed in accordance with the standards set forth in Chapter 14.44. Street width standards may be adjusted subject to the provisions of Section 14.33.070.

2.

Surface Drainage and Storm Sewer System. Drainage facilities shall be provided within the land division and to connect the land division drainage to drainage ways or storm sewers outside the land division. Design of drainage within the land division shall consider the capacity and grade necessary to maintain unrestricted flow from areas draining through the land division and to allow extension of the system to serve such areas.

3.

Sanitary Sewers. Sanitary sewers shall be installed to serve each lot or parcel in accordance with standards adopted by the city, and sewer mains shall be installed in streets as necessary to connect each lot or parcel to the city's sewer system.

4.

Water. Water mains shall be installed to allow service to each lot or parcel and to allow for connection to the city system, and service lines or stubs to each lot shall be provided. Fire hydrants shall be installed as required by the Uniform Fire Code. The city may require that mains be extended to the boundary of the land division to provide for future extension or looping.

5.

Sidewalks. Required sidewalks shall be constructed in conjunction with the street improvements except as specified below:

a.

Delayed Sidewalk Construction. Where sidewalks are designed contiguous with the curb in residential areas, the subdivider may delay the placement of concrete for the sidewalks until such time as driveway aprons are established and constructed on individual lots. In such cases, sidewalks shall be installed and accepted by the City Engineer prior to issuance of a certificate of occupancy.

B.

Public Improvement Procedures. In addition to other requirements, public improvements installed by a developer that is dividing land, whether required or voluntarily provided, shall comply with this chapter, and with any public improvement standards or specifications adopted by the city. The following procedure shall be followed:

1.

Improvement work, including excavation in the excess of 100 cubic yards, shall not be commenced until plans have been checked for adequacy and approved by the city. To the extent necessary for evaluation of the proposal, the plans shall be required before approval of the tentative plan of a subdivision or partition.

2.

Improvement work shall not commence until after the city is notified, and, if work is discontinued for any reason, it shall not be resumed until after the city is notified.

3.

Public improvements shall be constructed under the inspection and to the satisfaction of the City Engineer. The city may require change in typical sections and details in the public interest if unusual conditions arise during construction to warrant the change.

4.

Underground utilities, sanitary sewers, and storm drains installed in streets shall be constructed prior to the surfacing of the streets. Stubs for service connection for underground utilities and sanitary sewers shall be placed to allow future connections without disturbing the street improvements.

5.

A map showing public improvements as built shall be filed with the city upon completion of the improvements.

6.

Public improvements shall not be commenced until any appeals of the subdivision approval are resolved.

A.

Tentative plans for land divisions shall be approved only if public facilities and utilities (electric and phone) can be provided to adequately service the land division as demonstrated by a written letter from the public facility provider or utility provider stating the requirements for the provision of public facilities or utilities (electric and phone) to the proposed land division.

B.

For public facilities of sewer, water, storm water, and streets, the letter must identify the:

1.

Water main sizes and locations, and pumps needed, if any, to serve the land division.

2.

Sewer mains sizes and locations, and pumping facilities needed, if any, to serve the land division.

3.

Storm drainage facilities needed, if any, to handle any increased flow or concentration of surface drainage from the land division, or detention or retention facilities that could be used to eliminate need for additional conveyance capacity, without increasing erosion or flooding.

4.

Street improvements outside of the proposed development that may be needed to adequately handle traffic generated from the proposed development.

A.

Undergrounding. All utility lines within the boundary of the proposed land divisions, including, but not limited to, those required for electric, telephone, lighting, and cable television services and related facilities shall be placed underground, except surface-mounted transformers, surface-mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric and communication feeder lines, and utility transmission lines operating at 50,000 volts or above. The subdivider shall make all necessary arrangements with the serving utility to provide the underground service.

B.

Non-City-Owned Utilities. As part of the application for tentative land division approval, the applicant shall submit a copy of the preliminary plat to all non-city-owned utilities that will serve the proposed subdivision. The subdivider shall secure from the non-city-owned utilities, including but not limited to electrical, telephone, cable television, and natural gas utilities, a written statement that will set forth their extension policy to serve the proposed land division with underground facilities. The written statements from each utility shall be submitted to the city prior to the final approval of the plat for recording.

A.

Approval Criteria. The criteria for approval are as follows:

1.

The tentative plan complies with the definition of a replat or partition, as appropriate.

2.

All lots or parcels within the tentative plan meet the requirements of Section 14.48.030. Alternatively, if the original lots or parcels were nonconforming, the resultant lots or parcels may be allowed without a variance if they are less nonconforming.

3.

Approval of the tentative plan does not interfere with the provision of key public facilities.

4.

The applicant has agreed to sign a consent to participate in sewer, water, or street local improvement districts that the subject lots or parcels would be part of once those districts are formed. The consent shall be a separate document recorded upon the lots or parcels subject to the partition. The document shall be recorded prior to final plat approval.

5.

Public facilities serving the minor replat or partition are adequate under Section 14.48.040. Proposed streets within the minor replat or partition comply with the standards under Section 14.48.015, including any allowed modifications.

6.

All required public improvements will be provided.

7.

Any required submitted geological hazard report concludes that the property can be developed in the manner proposed, in accordance with any recommendations contained in the report.

B.

Compliance with Criteria. If the tentative plan complies with the criteria, the plan shall be approved. Conditions of approval, including requirements to provide public improvements necessary to allow development, may be imposed. If the tentative plan does not comply with the criteria or cannot be made to comply through reasonable conditions of approval, the plan shall be denied and the applicant shall be notified in writing why the tentative plan was denied and what items need to be corrected before the tentative plan can be approved.

C.

Geological Hazards Reports. Approval of the minor replat or partition pursuant to a submitted geological hazard report includes approval of the geological report recommendations. Based on the report, the Community Development Director shall establish when compliance with the geological report recommendations must be demonstrated. This shall be in the form of a written certification prepared by an engineering geologist or other equivalent certified professional, establishing that the report requirements have been satisfied, and should be noted as a condition of approval.

D.

Final Plat Approval. Within 24 months of the tentative plan approval, the applicant shall submit to the city a final plat for the replat or partition that is consistent with the tentative plan and state law. A signature block for the Community Development Director, the Lincoln County Surveyor, the Lincoln County Tax Collector, and the Lincoln County Tax Assessor shall be on the final plat. The Community Development Director shall approve the final plat if it is consistent with the tentative plan and all conditions have been satisfied, including the provision and acceptance of any required public improvements. The city shall forward approved plats to Lincoln County for review and recordation. The applicant shall submit one paper copy of the recorded final plat within 90 days to the Community Development Department.

E.

Procedure for Approval of Replat Other than a Minor Replat. The procedure and criteria for tentative and final approval of replats other than minor replats shall be the same as for subdivisions or partitions, depending on whether the replat is of a subdivision or partition.

(Ordinance No. 2199, August 15, 2022; Ord. No. 2025-06, § 2(Exh. A), 10-6-2025)

A.

Street Lights. Street lights are required in all land divisions where a street is proposed. The city may adopt street light standards. In the absence of adopted standards, street lights shall be place in new land divisions to assure adequate lighting of streets and sidewalks within and adjacent to the land division.

B.

Street Signs. Street name signs, traffic control signs and parking control signs shall be furnished and installed by the city.

C.

Monuments. Upon completion of street improvements, monuments shall be reestablished and protected in monument boxes at every street intersection and all points of curvature and points of tangency of street center lines.

D.

Exceptions for Planned Developments. The standards and requirements of this chapter may be modified without an adjustment or variance for planned developments.

E.

Adjustment or Variances. Adjustments or variances to this chapter not otherwise allowed by modification within this chapter are subject to the standards and procedures for set forth in Chapter 14.33. Notice of the adjustment or variance request may be included in the legal notice for the hearing on the tentative plan for a subdivision or may be provided separately.

F.

Standards in Effect After Subdivision Approval. The land use standards in effect at the time of a subdivision approval apply to all applications for land use approval within the subdivision filed within 180 days of the subdivision approval. After that time, the land use standards in effect at the time the land use application is deemed complete shall apply to the land use application.

A.

Submission of Final Plat. Within 24 months after tentative plan approval, such other time established at the time of tentative plan approval, or extensions granted under this chapter, the owner and/or applicant (collectively referred to as the "developer") shall cause the land division to be surveyed and a final plat prepared. If the developer elects to develop the land division in phases, final plats for each phase shall be completed within the time required (e.g., Phase I completed within two years, Phase II completed within the next two years, etc.). The final plat shall be in conformance with the approved tentative plan, this chapter, ORS Chapter 92, and standards of the Lincoln County Surveyor.

B.

Provision of Improvements. It shall be the responsibility of the developer to install all required improvements and to repair any existing improvements damaged in the development of the property. The installation of improvements and repair of damage shall be completed prior to final plat approval. Except as provided in Subsection C., or where payment in lieu of constructing a required improvement is allowed by the city and has been paid by the developer per Chapter 14.44, the final plat will not be approved until improvements are installed to the specifications of the city and "as constructed" drawings are given to the city and approved by the City Engineer. The developer shall warrant the materials and workmanship of all required public improvements for a period of one year from the date the city accepts the public improvements.

C.

Improvement Agreements. If all the required improvements have not been satisfactorily completed before the final plat is submitted for approval, the city may, at its discretion, allow final approval of the plat if the developer enters into a written agreement with the city to provide the required improvements secured by a cash deposit, bond, or letter of credit. The agreement must provide for completion within one year of the approval of the final plat. The agreement shall be acceptable to the city attorney and include provisions that:

1.

Authorize the city to complete the required improvements and recover their full cost and expense from the developer if the developer fails to complete the improvements as required.

2.

Authorize the inspection of all improvements by the City Engineer and provide for reimbursement to the city of all costs of inspection.

3.

Indemnify of the city, its officials, employees and agents, from and against all claims of any nature arising or resulting from the failure of the developer to comply with any requirement of such agreement.

4.

Ensure compliance with conditions required by the city in approving the final plat prior to completion of all required improvements.

D.

Financial Assurances. A developer that enters into an improvement agreement shall provide financial assurances in the form of one or more of the following:

1.

A surety bond executed by a surety company authorized to transact business in the State of Oregon and in a form satisfactory to the city attorney, or

2.

An irrevocable letter in a form satisfactory to the city attorney, or

3.

A cashier's check or money order from a bank or other reputable lending institution, or

4.

Certification by a bank or other reputable lending institution that funds are being held, or a line of credit has been established, to cover the cost of required improvements.

5.

One or more award letters from public funding sources made to a subdivider who is subdividing property to develop affordable housing, that is or will be subject to an affordability restriction as defined in ORS 456.250 or an affordable housing covenant as defined in ORS 456.270.

E.

Amount of Security. The financial assurances shall be in an amount equal to 110 percent of the amount determined by the City Engineer as sufficient to cover the cost of the improvements, engineering, inspection, and incidental expenses. The financial assurances may provide for reduction of the amount in increments as improvements are completed and approved by the City Engineer. However, the number of reductions or disbursements and the amount of retainage required shall be at the discretion of the City Engineer.

F.

Post Completion Financial Assurances. On acceptance of all improvements by the city, a financial assurance, as provided in Subsection (D), shall be provided in an amount equivalent to 10 percent of the construction cost. Such financial assurance shall remain in effect for a period of one year. All deficiencies in construction and maintenance discovered and brought to the attention of the developer within one year of acceptance must be corrected to the satisfaction of the City Engineer.

G.

Acceptance of Improvements by City, Guarantee. The city will accept public improvements only if they have received final inspection approval by the City Engineer and "as constructed" engineering plans have been received and accepted by the City Engineer. The developer shall warrant all public improvements and repairs for a period of one year after acceptance by the city.

H.

Phased Developments. For a phased development, final plats may be submitted consistent with any phasing plan approved at the time of tentative plan approval.

I.

Approval of Final Plat. The approval authority shall note their approval of the final plat, along with the effective date of approval, which constitutes the City's acceptance of any dedications to the public contained therein.

J.

Recording of Final Plat. After final approval, the final plat shall be forwarded to Lincoln County for review and recording as required by law.

(Ordinance No. 2216, January 2, 2024)

A.

Minimum Requirements for the Platting and Subdivision of Land for Cemetery Purposes. The following are the minimum requirements for lot sizes, walkways, streets, and street improvement widths applicable to cemeteries:

1.

Lot Sizes:

a.

Width - not less than 4 feet.

b.

Length - not less than 10 feet.

2.

Walkways:

a.

Width - not less than 6 feet.

b.

Location - each individual grave to be served.

3.

Street Right-of-Way Widths:

a.

Within the plat - not less than 32 feet.

b.

Entrance roads - to conform to present city subdivision regulations.

4.

Street Improvement Widths:

a.

Within the plat - not less than 24 feet.

b.

Entrance roads - to conform to present city subdivision regulations.

5.

Dead end Roads (Within the Plat):

a.

Right-of-way - not less than 42 feet.

b.

Improvement width - not less than 36 feet.

c.

Cul-de-sac - not less than a 45 foot radius.

B.

Buffer Strips. Buffer strips shall be established that are at least 100 feet in width when a cemetery development is adjacent to a residentially zoned property; 75 feet when a cemetery development is adjacent to tourist commercial zoned property; and 50 feet in width when a cemetery development is adjacent to all other commercially zoned property. No lots shall be allowed within the buffer strips.

C.

Buffer Strip Planting and Maintenance. All required buffer strips shall be planted at the time the adjacent land planted for cemetery lots is being offered for sale. The buffer strip shall have evergreen trees planted to such a density that they are an effective screen to adjoining property. The evergreen trees shall have an initial minimum planting height of four feet and shall be of such species that they will reach a height of at least 20 feet at maturity. All remaining ground areas in the buffer strip shall be maintained as lawn area, shrubs, or flower beds, as are maintained by the management of the cemetery in all other areas of the cemetery plat that are presently being used.

D.

Location of Cemeteries. No cemeteries shall be allowed to be placed within one mile of the high-water line of the Pacific Ocean and within one-half mile of the high-water line of the Yaquina Bay.