Roseburg City Zoning Code
CHAPTER 12
12 LAND DIVISIONS
§ 12.12.010 Partitions and subdivisions.
A.
Land divisions. As authorized by law, including ORS Chapters 92, 197, and 227, subdivisions, partitions and streets created for the purpose of partitioning land and lot line adjustments shall be approved in accordance with this Chapter. This Chapter applies to all incorporated land within the City of Roseburg. A person desiring to subdivide land, to partition land, to accomplish a common boundary line adjustment, or to create a street or road shall submit preliminary plans and final documents for approval as provided in this Chapter and State statutes. Licensed engineers and surveyors shall be engaged to perform appropriate services as set forth in applicable State statutes.
B.
Purpose. Any person desiring to divide land or accomplish a common boundary line adjustment within the City of Roseburg shall submit preliminary plans and final plats or maps for such subdivisions and partitions and common boundary line adjustments to the Community Development Director for review. Such review of proposed subdivisions and partitions and common boundary line adjustments is necessary in order that the City provide for the proper width and arrangement of streets and thoroughfares and their relation to existing or planned streets and thoroughfares; provide for conformity with the Comprehensive Plan regarding patterns for the development and improvement of the City; for recreation, safety, and health; provide for the orderly development of centers of population; and promote the public health, safety, and general welfare, as defined in ORS Chapters 92, 197 and 227. Land divisions shall be designed to help improve the health of the City's citizens and encourage the availability of a variety of transportation choices for moving people with a balanced transportation system that supports walking, bicycling and transit, that avoids principal reliance upon any one mode of transportation, and that encourages residents to achieve recommended levels of exercise.
C.
Definitions. The definitions set forth in Section 12.02.100 of this Code shall be utilized for the purpose of this Chapter.
E.
Requirements and standards for preliminary plans. The following are the requirements and standards to which the preliminary plan and improvement plan of a subdivision or partition or common boundary line adjustment must conform:
1.
Conformity with the Comprehensive Plan. All divisions of land and common boundary line adjustments shall conform to the Roseburg Urban Area Comprehensive Plan with respect to the type and intensity of use, population densities, locations, and sizes of public areas, rights-of-way and improvements of streets, and any other aspects governed by comprehensive plan goals, policies or maps.
3.
Variance from Subdivision Provisions. Variance from the strict application of the standards and provisions of this Section may be granted by the Approving Authority when such standards and provisions would impose unusual practical difficulty on the applicant. Application for a variance as authorized by this Section shall be heard by the Approving Authority concurrently with the proceedings for preliminary plat approval. The criteria for granting a variance shall be the same as that required in Subsection 12.10.050(B). However, if the variance is a modification to the standards of Subsections 12.12.010(F), 12.12.010(G), 12.12.010(I) and 12.12.010(L), the variance shall also address the following criteria:
a.
Physical or topographic conditions make it impractical to satisfy the street or walkway connection requirements of this Section. These conditions include, but are not limited to, controlled access streets, steep slopes, wetlands, floodplains, or water bodies where a connection could not reasonably be provided. Grades too steep for streets may provide an accessway.
b.
Buildings or other existing development on adjacent lands physically preclude a street or accessway connection now or in the future considering the potential for redevelopment.
c.
Streets or accessways would violate provisions of existing leases, easements, agency access standards, or similar restrictions that are demonstrated to be legally beyond the control of and not entered into by the applicant, developer, or property owner.
d.
Abutting undeveloped or underdeveloped property is within the 100-year floodplain.
4.
Relation to Adjoining Street System and Bicycle System. A subdivision or partition shall provide for the continuation of major and secondary streets existing in adjoining subdivisions or partitions, or for their proper projection when adjoining property is not subdivided or partitioned, and such streets shall be of a width not less than the minimum requirements for streets set forth in these regulations. The connecting street network shall have capacity to support the proposed land uses. Connections shall also be made for pedestrian, bicycle, and vehicle access to schools, parks, employment, and recreation areas. Where the Approving Authority finds that topographic conditions make such continuation or conformity impractical, appropriate exceptions to this requirement shall be made.
5.
Conform with requirements of Subsection 12.04.090(X) of this Code (Subdivision and Partitioning Proposals).
6.
Future Subdivision or Partition of Lots or Parcels. Where the subdivision or partition will result in a lot or parcel which in the judgment of the Approving Authority is likely to be further divided in the future, the Approving Authority may require that the location of lot and parcel lines and other details of layout be such that future division may readily be made without violating the requirements of this Code and without interfering with orderly extension of adjacent streets. Any restriction of buildings within future street locations shall be made a matter of record by having a deed restriction filed with the County Clerk.
a.
If a subdivision or partition is created which contains lots or parcels of sufficient size to otherwise qualify for future re-division, and the Approving Authority does not require special provisions for future redivision as specified in this Subsection, the Approving Authority may attach a condition to such subdivision or partition preventing any future re-division of the lots or parcels. Such condition shall be a special deed restriction and shall be filed with the County Clerk.
7.
Access.
a.
Every lot or parcel created by partition or subdivision or common boundary adjustment shall have direct access to a public street or road except as provided in this Section.
A lot or parcel shall be considered to have direct access to a public street or road if:
b.
Access to a lot or parcel created by partition or subdivision or common boundary line adjustment may be accomplished by a private easement of way established by deed or by creation of flag lots, if:
i.
The Approving Authority finds that such private easement or flag lot is the only reasonable method of providing sufficient access to the rear portion of an unusually narrow and deep lot, otherwise large enough to warrant partitioning.
ii.
There is an express grant or reservation of an easement in a document recorded in the office of the County Clerk or the flag lot is created through a recorded final plat or final partition plat.
iii.
No more than one lot or parcel will be provided access via the easement or flag lot.
iv.
Residential use of a lot or parcel provided access via an easement or flag lot will be limited to a single-family or duplex dwelling.
v.
The easement or the "pole" portion of the flag lot must meet the following standards:
(1)
The minimum street frontage shall be 20 feet. The width of the remaining street frontage of the parent lot or parcel must also be a minimum of 20 feet.
(2)
The minimum paved driveway width shall be 12 feet.
(3)
The easement or flag lot driveway shall be consolidated with the driveway on the parent lot or parcel to the greatest extent practicable.
(4)
Parking along any portion of the driveway within the easement or "pole" portion is prohibited unless the driveway is suitably sized to meet the combined needs of parking and emergency access requirements.
vi.
Commercial uses establish common access points in order to reduce the number of access points to streets. Construction of common access points must be preceded by recording of joint access and maintenance easements.
8.
Special Investigations Required. In addition to the information and data submitted in fulfillment of other Sections of this Code, the sub-divider may be required to accomplish special investigations, studies and reports concerning soil, geologic and foundation conditions, floodplain elevation and other conditions determined by the Approving Authority to be of concern. Such information, reports, etc. shall be submitted for review by the Approving Authority. The information and findings may form the basis for conditions to be applied by the Approving Authority to the subdivision plan and improvements.
F.
Platting and mapping standards—Streets and roads.
1.
General.
a.
Dedication. The Approving Authority may require right-of-way for adequate and proper streets, including arterials, collector streets, local streets, and other streets, and any necessary open space for recreation to be dedicated to the public by the applicant of such design and in such location as are necessary to facilitate provision for the transportation, access and open space needs of the community and the subject area in accordance with the purpose of this Code. The street system and public open space shall accommodate bicycle and pedestrian facilities within the public right-of-way.
b.
Special Safety Requirements. Where necessary to ensure safety, reduce traffic hazards, and promote the welfare of the general public and residents of the subject area, the Approving Authority may require that local streets be so designed as to discourage their use by non-local traffic.
Traffic-calming features such as traffic circles, roundabouts, curb extensions, speed humps on residential streets, chicanes and other special paving treatments may be required by the Approving Authority to slow traffic and discourage use of local streets by non-local traffic.
c.
Transportation System Plan. Any such adopted plan and amendments thereto shall be considered as the correct designation of the transportation, access and safety needs of the Roseburg Urban Area or subareas included with respect to the streets designated thereon, for the purpose of determining design and location of streets to be required under Paragraphs 12.12.010(F)(a) and (b) above, unless convincing evidence to the contrary is presented to the Approving Authority.
2.
Width.
a.
Generally. Widths of street right-of-way and paving design for streets shall be not less than those set forth in Table 6-1: Standard Street Widths, below.
b.
New Street Adjoining Undeveloped Land. For a street abutting land not in the subdivision or partition area, a lesser width than shown in the table may be allowed at the discretion of the Approving Authority where the applicant presents a satisfactory plan for ultimate expansion of the street to the width otherwise required.
c.
Existing Adjacent Street. The widths of street right-of-way provided in the table below shall be the minimum widths of right-of-way for streets existing along and adjacent to any boundary of the subdivision or partition, and the applicant shall dedicate additional right-of-way, as determined by the Approving Authority in accordance with such table, for any such adjacent street where the existing width of right-of-way for such street is less than the minimum in said table.
d.
Slope Easements. The Approving Authority may require special slope easements which shall be dedicated in accordance with the specifications and procedures established by this Code.
3.
Reserve Strips. The Approving Authority may require the land divider to create a reserve strip controlling the access to a street, said strip to be deeded to the City when the Approving Authority determines that a strip is necessary:
a.
To prevent access to abutting land at the end of a street in order to assure the proper extension of the street pattern and the orderly development of land lying beyond the street (also known as a "street plug").
b.
To prevent access to the side of a street on the side where additional width is required to meet the right-of-way standards provided in Table 6-1: Standard Street Widths, above.
c.
To prevent access to land abutting a street of the partition or subdivision, but not within the partition or subdivision itself.
TABLE 6-1: STANDARD STREET WIDTHS (Streets in Hillside areas may use Street Standards shown in Subsection 12.04.100(D)) | |||
|---|---|---|---|
TYPE OF STREET | MINIMUM RIGHT-OF-WAY WIDTH | ||
Arterials[3][4][5] | 70'—120'[1] | ||
Collector Streets and All Business Streets Other than Arterials[3][4][5] | 60'—70'[2] | ||
Local Streets in Single-Family Density Areas[3] | 60' | ||
Circular Ends of Cul-de-Sacs where allowed under Paragraph 12.12.010(F)(7) | 96' Diameter | ||
All Streets Not Specifically Provided for Above | 60' | ||
STANDARD STREET PAVEMENT WIDTH AND DESIGN FEATURES | |||
|---|---|---|---|
TYPE OF STREET | PARKING BOTH SIDES | PARKING ONE SIDE | NO PARKING |
Local[3] | 34-36' | 26-28'* | 20'* |
Collector[3] | 48-50' | 40-42' | 32-34' |
Arterial[4][5][6] | N/A | N/A | |
3 lane | 48-50' | ||
5 lane | 70-74' | ||
Notes: | |
|---|---|
* | Where allowed |
[1] | The Approving Authority may require a width within the limits shown, based upon adjacent physical conditions, safety of the public and the traffic needs of the community, sidewalk width, and in accordance with other specifications of this Code. |
[2] | Right-of-way to 70 feet may be required with wider sidewalks; where other design features are included, additional right-of-way may be required. |
[3] | Pavement width in excess of that shown may be required for other road configurations, such as for turn lanes, etc. |
[4] | Collector and arterial streets require bike lanes. Local streets utilize shared lanes. |
[5] | Freight route shall have minimum lane width of 12 feet. |
[6] | Bus route shall have minimum lane width of 11 feet. |
4.
Intersections of Streets.
a.
Angles. Streets shall intersect one another at an angle as near to a right angle as is practicable, considering topography of the area and previous adjacent layout, but in no case at an angle less than 60 degrees. The right-of-way and street paving within the acute angle shall have a minimum of 30 feet centerline radius.
b.
Offsets. With the exception of residential zones intersections shall be so designed that no offset dangerous to the traveling public is created as a result of staggering intersections; and with the exception of residential zones, shall there be an offset of less than 200 feet from centerline to centerline. Larger offsets may be required for major arterials and collector streets if traffic circulation is adversely impacted
5.
Topography. The layout of streets shall give suitable recognition to surrounding topographical conditions in accordance with the purpose of Subsection 12.12.010(B) of this Code.
6.
Future Extension of Streets. Where the subdivision or partition is adjacent to land likely to be divided in the future, streets shall continue through to the boundary lines of the area under the same ownership of which the subdivision or partition is a part, where the Approving Authority determines that such continuation is necessary to provide for the orderly division of such adjacent land, or the transportation and access needs of the community. A temporary all weather turn-around of asphalt concrete shall be provided at the end of any such street, together with any necessary easements. It shall be the responsibility of the developer extending the street in the future to remove the turn-around and construct necessary pavement, curbs and gutters, and sidewalks.
7.
Cul-de-Sacs. Cul-de-sacs and other permanent dead-end streets shall be prohibited unless the Approving Authority finds:
a.
The configuration with the cul-de-sac is the minimum necessary to address the constraint;
b.
The application of the standard is impractical due to one or more of the following circumstances:
i.
Physical or topographic conditions make it impractical to satisfy the street connection requirements of this Code. These conditions include, but are not limited to, controlled access streets, steep slopes, wetlands, floodplains, or water bodies where a connection could not reasonably be provided. Grades too steep for a street may not be too steep for an accessway.
ii.
Buildings or other existing development on adjacent lands physically preclude a street or accessway connection now or in the future considering the potential for redevelopment.
iii.
Streets or accessways would violate provisions of existing leases, easements, agency access standards, or similar restrictions that are demonstrated to be legally beyond the control of and not entered into by the applicant, developer, or property owner.
iv.
Abutting undeveloped or underdeveloped property is within the 100-year floodplain.
c.
If a determination is made under Subsection 12.12.010(F)(7)(a-b) that a permanent dead-end street is necessary, it shall provide adequate access for emergency vehicles, as determined by the Fire Chief, and it shall not serve more than 20 single-family dwellings, or any combination of residential, multi-family or commercial uses generating more than 200 vehicles per weekday.
8.
Street Names. Streets that are in alignment with existing named streets shall bear the names of such existing streets. Names for streets that are not in alignment with existing streets are subject to approval by the Director, and shall not unnecessarily duplicate or resemble the name of any existing platted street in the greater Roseburg area.
9.
Grades and Curves. Unless otherwise approved by the Approving Authority because topographical conditions will not reasonably permit, grades shall not exceed 6% on arterials, 10% on collector streets, and 15% on all other streets. When it can be shown that steeper grades cannot be avoided by different street alignment and redesign of the preliminary plan, grades not exceeding 20% may be permitted for short steep pitches not exceeding 300 feet in length. For street grades steeper than 6%, a centerline profile shall be included in the preliminary plan. No street grades flatter than five-tenths percent (.5%) shall be used. Improvement plans shall include top of curb profiles of all curbs. Centerline radii on curves shall not be less than 300 feet on arterials and high traffic collector industrial streets, 200 feet on other collector streets, or 100 feet on all other streets.
10.
Subdivision Adjacent to Arterial and Collector Street. Where a subdivision abuts or contains an existing or proposed collector or arterial street, the Planning Commission may require marginal access streets, reverse frontage lots with suitable depth, screen planting contained in a non-access reservation along the rear or side property line, or other treatment necessary for adequate protection of residential properties and to afford separation of through and local traffic.
11.
Traffic Impact Study. A Traffic Impact Study shall be submitted as required by Paragraph 12.06.010(D)(4) of this Code.
G.
Platting and mapping standards—Alleys.
1.
Dedication. The Approving Authority may require in other than the RO, R10, R7.5, and R6 zones adequate and proper alleys to be dedicated to the public by the land divider of such design and in such location as necessary to provide for the access needs of the subdivision or partition in accordance with the purpose of Section 12.12.010(13).
2.
Width. Width of right-of-way and paving design for alleys shall be no greater than 20 feet, except that for an alley abutting land not in the subdivision or partition, a lesser width may be allowed in the discretion of the Approving Authority where the land divider presents a satisfactory plan whereby such alley will be expanded to the width otherwise required.
3.
Corner Radius. Where two alleys intersect, right-of-way corners shall have a radius of not less than 12 feet.
4.
Grades and Curves. Unless otherwise approved by the Approving Authority where topographical conditions will not reasonably permit, grades shall not exceed 12% on alleys, and centerline radii on curves shall be not less than 100 feet.
5.
Other Requirements. All provisions and requirements with respect to streets in Paragraphs 12.12.010(F)(3)(4)(5) and (6) shall apply to alleys the same in all respects as if the word "street" or "streets" therein appeared as the word "alley" or "alleys," respectively.
H.
Grading plan. Where the developer proposes to grade, cut or fill, or change existing ground contours in areas of the subdivision or partition outside the limits of street construction or within the Special Flood Hazard Area (SFHA), the Approving Authority may require submittal of a grading plan as part of the preliminary plan or improvement plans in order to evaluate impact of the work on drainage, soil stability, driveways, access, foundation conditions, etc. A grading plan may also be required to evaluate impact of street construction cuts and fills, probable lot grading by subsequent buyers to achieve building sites or access or to evaluate borrow or spoil areas.
I.
Walkways and public accessways. Pathways (i.e., for both bicycles and/or pedestrians) shall be provided at or near mid-block where the block length exceeds 500 feet (the maximum length allowable under Section 12.12.010(L)). Pathways shall also be provided where cul-de-sacs or dead-end streets are planned that would exceed the maximum length allowable under Section 12.12.010(L). Pathways shall connect the ends of the streets together, connect to other streets, and/or connect to other developments, as shown below in Figure 6-1: Pathways.
FIGURE 6-1: PATHWAYS  |
Pathways used to comply with this Section shall meet all of the following criteria:
1.
Pathway surfaces shall be concrete, asphalt, brick/masonry pavers, or other durable surface. The paved width of pathways shall be no less than six feet wide, and shall conform to ADA requirements. Multi-use pathways shall be no less than 10 feet wide.
2.
If the streets within a subdivision or neighborhood are lighted, the pathways shall also be lighted.
3.
Stairs or switchbacks in a narrower paved width may be required in lieu of a multi-use pathway where grades are steep. Troughs for bicycle tires shall be provided where stairs are used.
4.
Landscaping or fencing is required along the pathway to protect the privacy of adjoining properties.
J.
Off-site improvements required. The Approving Authority may determine that the proposed subdivision or partition may result in impacts extending beyond the boundaries of the area to be divided, and in order to provide for the health and welfare of the broader neighborhood area, or the urban area as a whole, may require the developer to construct or participate in the construction of improvements or facilities to alleviate those impacts. Included may be street repair, widening, extension, drainage improvements, measures to facilitate traffic flow, traffic signals, sewer improvements, etc. It is the intent of these requirements to cause development to proceed in an orderly and timely manner, and to avoid overburdening existing facilities and creating hardship for other users of the public facilities that may result if the proposed development proceeded without correcting or participating in correction of deficiencies.
K.
Easements.
1.
Public Easements. Dedication to the public of easements for storm drains, sanitary sewers, and other public utilities, and for access, walkways, and other public access needs, may be required. Widths shall be sufficient for the intended purpose, and may vary to suit the need as determined by the Approving Authority. Required easements will normally be located along lot or parcel lines, but may also be located elsewhere as necessary to provide needed facilities for present or future development of the area in accordance with the Comprehensive Plan and purpose of this Code.
Easements shall be shown on the preliminary map or plat and on the final plat or map with proper language for dedication included in the narrative, and with proper notation on the map as to the purpose (e.g., Public Utility Easement, Public Access Easement, etc.). Temporary easements shall be so noted. Dimensioning of easement boundaries on the map shall be sufficient to allow proper field location from survey monuments.
If a subdivision or partition is or will be periodically subject to accumulation of surface water or is traversed by a water course, drainage way, channel stream, creek or river, there shall be dedicated to the public storm drain easements approved as adequate by the Approving Authority to provide for present and future drainage needs of the area, including access for maintenance. Where the Approving Authority determines that the public need would be better served by dedication of rights-of-way rather than easement, the map/plat shall so indicate, and the land shall be conveyed to public ownership by instrument. In the layout of the subdivision or partition, streets or parkways or walkways parallel and adjacent to water courses may be required.
In addition to being shown and dedicated on the map, all public easements shall be conveyed to the City by properly executed and recorded standard grant of easement instruments with purpose of the easement and agency rights clearly described. No building, structure, retaining wall, or fill in excess of three feet shall be placed or located on or in the public easement. The time of recording may precede or accompany the map or plat recording, but all easement instruments shall be prepared and approved for recording before the Approving Authority acts to approve a final map or plat.
2.
Private Easements. Easements may be required on the map or plat to provide for private drainage, sewer, or other private utility purposes, or for private access purposes. Such easements shall be shown, dimensioned, and adequately labeled and described to show clearly the private purpose and to whose benefit the easement is being granted (e.g., a Storm Drain Easement to serve Lot 1, Block 1).
L.
Platting and mapping standards—Blocks.
1.
General. The length, width, and shape of blocks shall take into account the need for adequate lot size and street width, and shall recognize the limitations of the topography.
2.
Size. For local streets, no blocks shall be more than 500 feet in length between street corner lines unless it is adjacent to an arterial street, or unless the topography or the location of adjoining streets justifies an exception. The recommended minimum length of blocks along a collector street is 1,000 feet. The recommended minimum length of blocks along an arterial street is 1,800 feet.
M.
Platting and mapping standards—Lots and parcels.
1.
General Size and Frontage Requirements
a.
Width. Each lot and parcel shall meet the minimum lot width stipulated in the Zoning District where located as specified in Section 12.04.030 of this Code.
b.
Depth. Each lot and parcel shall have an average depth between the front and rear lot lines of not less than 80 feet and not more than two and one-half (2½) times the average width between the side lines. Each double frontage lot and parcel shall have an average depth between the front and rear lot lines of not less than 120 feet unless a lesser depth is approved by the Approving Authority necessitated by unusual topographical conditions.
c.
The Approving Authority may authorize the reversal of average minimum lot and parcel dimension with respect to width and depth upon a finding that such reversal is necessitated by unusual topographic conditions or that such reversal would facilitate improved subdivision or partition design.
d.
Area. Each lot shall meet the minimum lot area stipulated in the Zoning District where located. Except, however, the Approving Authority shall allow a maximum of 30% of the lots in a subdivision to contain less than the minimum lot area otherwise required in the applicable zoning district, provided that the average area of all lots in the subdivision must be at least the minimum specified in the applicable Zoning District, but in no case shall any lot contain less than 85% of the minimum area specified for the applicable Zoning District.
NOTE: The minimum areas required in this and other Sections of this Code are intended to be ultimate minimums which may often be impractical and impossible in terrain which presents development difficulties, such as steep slopes. In such cases, the requirements of suitability of access and buildability of each lot, which must be adequately demonstrated in the review process, will often rule out the possibility of approval of lots at the absolute minimum, and as a result, a larger lot size may be required. |
e.
Frontage. Except as otherwise permitted for townhouses, each lot and parcel shall have frontage of not less than 40 feet upon a street having a proposed right-of-way width of at least 50 feet, except that a lot or parcel on the outer radius of a curved street or facing the circular end of a cul-de-sac shall have frontage of not less than 20 feet upon a street, measured on the arc. In the case of flag lots or partitioning of odd-shaped lots with narrow frontages, the minimum lot frontage shall be 20 feet.
f.
Exceptions.
i.
Subdivisions Developed as a Planned Unit. The Approving Authority may use discretion to authorize the relaxation of lot and parcel size and frontage requirements as specified herein where the applicant presents a plan satisfactory to the Approving Authority whereby the entire subdivision will be designed and developed in accordance with the provisions of Section 12.12.020 of this Code.
ii.
Land Zoned for Commercial Use. The Approving Authority may use discretion to authorize relaxation of the lot or parcel size and frontage requirements specified herein in the case of land zoned for commercial use, where such relaxation is necessary in consideration of the suitability of the land for such use, and in accordance with the purpose of this Code.
iii.
Lot or Parcel Retained for Future Subdivision or Partition. The Approving Authority may use discretion to waive frontage requirements where a lot or parcel will be retained by the applicant, and future subdivision or partition of such lot or parcel will be the highest and best use thereof, and such use will be best protected by the creation of a reserve strip separating such lot or parcel from any street.
iv.
Open Space in a Subdivision. The Approving Authority may use discretion to waive the minimum lot size requirement for any lot that is created for the dedication of a public park or open space where the total net area equal to at least 10% of the land affected by the subdivision equals less than the minimum lot size for the underlying zone. Such lots so designated shall be protected from future development by either a deed restriction or a conservation easement and plainly indicated as such on the final plat.
2.
Lot and Parcel Side Lines. As far as is practicable, lot and parcel side lines shall run at right angles to the street upon which the lots or parcels face, except that on curved streets, they shall be radial to the curve.
3.
Suitability for Intended Use. All lots and parcels shall be suitable for the purpose for which they are intended to be used. No lot or parcel shall be of such size or design as to be detrimental to the health, safety, or sanitary needs of the residents of the subdivision or partition, or of such lot or parcel, as determined by the Approving Authority in accordance with the purpose of this Code.
4.
Open Space.
a.
Open space shall be provided and dedicated to the City when a need is identified in the Comprehensive Parks Master Plan. All open space to be dedicated to the City shall be deemed suitable, conveniently situated, and shall conform as nearly as possible to the recommendations in the Comprehensive Parks Master Plan prior to being accepted by the City.
i.
Except as hereinafter provided, in subdivisions; such open space shall have a total net area equal to at least 10% of the land affected by the subdivision. Such areas so designated shall be protected from future development by either a deed restriction or a conservation easement.
A.
Open space areas shall abut a public street or have direct access to a public property through a right-of-way.
B.
The open space shall be accessible to all residents by sidewalks and/or pedestrian walkways.
C.
The developer shall submit a separate landscape plan for the proposed open space areas which clearly displays the type of signs, fencing, play apparatus, trails, and outdoor furniture;
b.
Where a proposed park or playground, school or other public use shown on the Parks Master Plan, or an existing school site is located in whole or in part in a subdivision, then in such case the open space shall be located within the designated area or immediately adjacent to the existing public use.
N.
Platting and mapping standards—Railroads.
1.
Crossings. Special requirements may be imposed by the Approving Authority, including, but not limited to, provisions for separation of street and railroad grades, in connection with any railroad crossing which will immediately affect the safety of the residents of the subdivision or partition, for the protection of such residents and the safety of the general public in accordance with the purpose of this Code. The distance from the railroad to intersection on the cross street shall be determined to provide minimum distance required for approach grades to grade separation. Crossing street rights-of-way and setbacks to buildings shall allow for the grade separation.
2.
Streets Parallel to Railroad. Wherever the proposed subdivision contains or is adjacent to a railroad right-of-way, provision may be required for a street approximately parallel to and on each side of such right-of-way to be set back at a distance suitable for the appropriate use of the land between the streets and the railroad, including sufficient lot depth to allow screen planting along the railroad right-of-way.
O.
Platting and mapping standards—Master development plans. Where the subdivision or partition includes only part of the area owned by the applicant, the Approving Authority shall determine the remaining area for which a Master Development Plan of future development shall be submitted by the sub-divider or developer showing streets, tentative uses, and lots, drainage, major utilities, and other features that will have a bearing on and guide future development of the property in question and surrounding areas. The property may be proposed for development in phases, and the limits of each phase shall be shown on the Master Development Plan. The approved Master Development Plan may be revised by the sub-divider or developer from time to time, or with each phase, but it shall serve the purpose of providing comprehensive guidance to the overall development of the property to facilitate and achieve optimum street design and traffic circulation, proper storm drainage, integrated utilities, etc.
P.
Improvement procedures.
1.
The sub-divider shall engage the services of properly licensed professional engineers and surveyors to perform the work of designing, supervising construction of and surveying the improvements. The engineer shall be responsible for subdivision planning and design, preparation of plans and specifications, and, in the event of bonding, cost estimates.
2.
The applicant shall have a contact person who shall have authority to control the work of the engineer, surveyor and contractor constructing the improvements, and who shall be responsible for coordination with agency representatives through the project. The applicant or his/her engineer(s) are in the best position to perform this role.
3.
The developer's engineer shall design the improvements according to the standards and specifications of the Approving Authority. Full plans and specifications shall be prepared and submitted for the Approving Authority's review, comment, and approval, and for approval by any other agency having authority over the work. Plans shall be prepared on stable base polyester film to generally accepted engineering standards. All revisions and changes resulting from review and comments shall be made on the original plans before prints are made for construction. The City Engineer shall stamp five sets of approved plans before any construction is undertaken.
4.
Advance notice shall be provided to the affected agency that work to be approved and inspected by that agency is to begin. Initial notice shall be 48 hours in advance of work, and if work that has been discontinued is to resume, a 24-hour advance notice shall be provided. Notice shall be considered to have been made when it is confirmed by the agency person responsible for construction inspection.
5.
All work to construct improvements in conformance with approved plans shall be inspected and approved by the agency person responsible for such construction inspection within two working days of a written request for such inspection. The Approving Authority may refuse to accept and allow occupancy of any part of the subdivision if improvements have not been inspected, or if they do not conform in all respects to the standards and specifications of the affected agency as to workmanship, materials, equipment, etc. It is the responsibility of the developer to see that all phases of the work are inspected before proceeding to the next phase. Weather conditions, change in work schedules, and other circumstances beyond the control of the affected agency do not excuse the developer from necessary inspections.
6.
Underground utilities, sanitary sewers, and storm drains installed in streets by the sub-divider shall be constructed prior to the surfacing of the streets. Stubs for service connections for underground utilities and sanitary sewers shall be placed to lengths that will obviate the necessity for disturbing street improvements when service connections are made.
7.
In the event unusual or changed conditions occur during construction which in the opinion of the Public Works Director differ from original design assumptions and conclusions such that they will result in a project not in conformance with the development standards in effect at the time of initial preliminary plat approval, or be in the public interest, the Public Works Director may require changes in the design, layout, details, materials, or any applicable part of the work to accommodate the changed conditions. Where such changes require revision of the design and plans prepared by the developer's engineer, such revisions shall be accomplished by that engineer.
8.
The developer and his/her contractor shall carry out the improvements in a manner that will not damage or disturb the lands or improvements of adjoining owners. Special conditions may be required by the Approving Authority to prevent damage, inconvenience, disruption or other infringement from erosion, dust, noise, blasting, construction traffic, drainage, or other impacts resulting from the work. The developer is solely responsible for the action of his/her contractor in carrying out the work.
9.
The developer and his/her contractor may be required to submit specific plans or outline measures to be taken to deal with and carry out solutions to problems. If construction activity is to take place in the winter months October through April, or if any part of the uncompleted work is to "winter over" before completion and acceptance by the City, the developer may be required to receive approval for and carry out a plan to control erosion and damage, both onsite and off-site, until the work is complete, including reconstruction of damaged areas. Exposed earth slopes may be required to be seeded if native grasses will not develop before erosion can occur.
10.
A complete set of "as-built" plans on stable base polyester film shall be filed with the Public Works Director and with other affected agencies upon completion of the improvements.
Q.
Improvement requirements. Improvements to be installed at the expense of the sub-divider shall be as follows and shall comply with Floodplain requirements in Subsection 12.04.090(X) of this Code:
1.
Streets. Streets within or partially within the subdivision, and the extension of such streets to a point of conformance with existing streets with which such streets intersect, shall be improved to the following minimum standards:
a.
The street shall be brought to proper grade, including portions outside the roadway where necessary to serve pedestrians, to protect the roadway, or to serve abutting property.
b.
Standard concrete curbs and gutters shall be constructed along the edge of the roadway.
c.
Roadway base and concrete or asphaltic concrete surfacing of sufficient width to meet local street design shall be installed to adopted design standards.
d.
Sidewalks and walkways shall be constructed to adopted design standards required by Subsection 12.06.020(E) and 12.06.030(W).
2.
Monuments.
a.
Permanent iron pipe monuments shall be set at each boundary corner of the subdivision, along exterior boundaries at intervals of not over 500 feet, and at other points as may be required by the Approving Authority.
b.
Concrete monuments depressed below street grade shall be set at intersections of street centerline tangents or offsets therefrom, and where such intersect on private property, at the beginning and end of the centerline curve or offsets therefrom. The exact location of all monuments shall be shown on the final map before approval is requested.
c.
A permanent monument shall be established and maintained on land partitioned or subdivided, showing the elevation in feet above mean sea level, NAVD 88. The location of such monument shall be shown on the final partition map or subdivision plat.
d.
Any monument required by this Code that is disturbed or destroyed before acceptance of all improvements shall be replaced by the sub-divider.
3.
Storm Drains. Excepting as is hereinafter provided, storm drains shall be constructed in the easement or drainage right-of-way areas specified in Subsection 12.12.010(L) or in dedicated streets. Storm drain design shall conform to the standards of design set by the Public Works Director, but in no case shall facilities provide for carrying less than the ten-year storm runoff with one-and-a-quarter (1.25) feet of freeboard to the top of curb or top of channel. Requirements for major storm drains (trunk mains) may be increased commensurate with their importance and function in providing for public safety. Offsite drainage shall be provided for, and each lot shall be capable of being drained in a reasonably practical manner. Drainage easements shall be dedicated or granted where necessary to provide for present or future needs.
4.
Sewers. Sanitary sewer lines to serve the subdivision or partition and to connect the subdivision or partition to existing mains shall be designed and installed according to requirements of the sewer utility serving the area and the State Department of Environmental Quality. All systems shall be gravity, except in special circumstances reviewed and approved by the Approving Authority and the affected agency. Pumping of sewage where facilities are to be privately owned and maintained may be approved, provided the owner is clearly aware of his/her responsibilities. Provisions for maintenance must be assured, and ownership clearly defined. Pumping of sewage where facilities are to be publicly owned and maintained may be approved if it is clear that the area can never be served by a gravity system that would be extended to the area over time as development occurs pursuant to the adopted Comprehensive Plan. Long-term costs and maintenance shall be among factors considered in establishing the minimum size of pump facility which the affected agency would accept for ownership and maintenance.
5.
Water System. Water lines with valves and fire hydrants to serve the subdivision or partition and to connect the subdivision or partition to existing mains shall be designed and installed according to requirements of the water utility serving the area.
6.
Deposit Required for Improvements and Services. The developer shall deposit with the affected agencies a sum of money determined to be sufficient to cover the cost of construction inspection services, street sign installation, barricades and other miscellaneous items provided or installed by the affected agencies as part of completing the subdivision. The balance of the deposit that is unexpended after completion of the work shall be returned to the developer. The developer shall pay any amounts exceeding the deposit before approval of the plat or acceptance of the improvements, whichever occurs last.
7.
Underground Utilities.
a.
All permanent utility service to lots shall be provided from underground facilities, and no overhead utility facilities in connection with permanent utility service to a subdivision shall be permitted, except that in the case of a partition in an area where underground utility service is not presently provided, permanent service may be supplied by means of overhead wires or cables.
b.
The developer's engineer shall prepare a utility plan showing the coordinated location of all new and existing utilities, and shall have the responsibility to coordinate utility location. The plan shall be the product of a coordinated effort among the affected agencies, so as to allow conflicts to be resolved and locations to be settled before construction begins. Copies of the plan shall be submitted with improvement plans for approval, and shall be given to all affected agencies and the Public Works Director before construction begins.
c.
The applicant shall be responsible for complying with the requirements of this Section, and shall make all necessary arrangements with the utility companies and other persons or corporations affected by installation of such underground facilities in accordance with the rules and regulations of the Public Utility Commissioner of the State of Oregon.
8.
Street Lights. The sub-divider shall enter into an agreement with the electric utility for the installation of street lights at such locations as determined by the Public Works Director.
9.
Open Space. Signs, fencing, play apparatus, walkways, outdoor furniture, and other improvements within dedicated park space shall be installed at the expense of the sub-divider prior to the recording of the Final Plat.
R.
Preliminary subdivision plan approval. The approval of a preliminary subdivision plan is an administrative action subject to the provisions of Subsection 12.10.010(I) of this Code.
1.
Application for Preliminary Subdivision Plan Approval.
a.
An application for preliminary subdivision plan approval shall be initiated as provided in Chapter 12.10 of this Code.
b.
The applicant shall file with the Director a preliminary subdivision plan and five additional copies, together with such other data and plans as may be required by other Sections of this Code, or the Approving Authority, and together with other supplementary information required by below Paragraph 12.12.010(R)(2) of this Code to demonstrate the design and objectives of the subdivision.
c.
The preliminary plan shall be clearly and legibly drawn. It shall show all required information to scale so that the Approving Authority may have an adequate understanding of what is proposed. Under ordinary circumstances, the scale of the drawing is to be one inch equals 100 feet, or one inch equals 50 feet.
d.
The Community Development Director shall notify the applicant within 30 working days if it is found that the application for preliminary subdivision plan approval is incomplete or if additional information is needed.
2.
Information Required in the Preliminary Subdivision Plan.
a.
The proposed name of the subdivision.
b.
North point, scale, and date of the drawing.
c.
Appropriate identification clearly stating the map is a preliminary plan.
d.
Names and addresses of the landowners, sub-divider, and the engineer, surveyor, land planner, or landscape architect responsible for designing the subdivision.
e.
The tract designation or other description according to the real estate records of Douglas County (Township, Range, Section, Tax Lot Number, Assessor's Tax Account Number, Lot Number, Block Number, and Subdivision or metes and bounds description).
f.
The boundary line (accurate in scale) of the tract to be subdivided and approximate acreage of the property.
h.
100-year flood elevation data shall be provided and shown on the preliminary partition and subdivision plats. Applicant shall show boundaries of the 100-year flood and floodway on preliminary and final partition and subdivision plats.
i.
The names of adjacent subdivisions or the names of recorded owners of adjoining parcels of unsubdivided land.
j.
The location, widths, and names of existing or platted streets or other public ways (including easements) within or adjacent to the tract, existing permanent buildings, railroad rights-of-way and other important features, such as section lines, political subdivision boundary lines, and school district boundaries.
k.
Existing sewers, water mains, culverts, drainage ways, or other underground utilities or structures within the tract or immediately adjacent thereto, together with pipe sizes, grades and locations indicated.
l.
Location, acreage, and dimensions of parcels of land to be dedicated for public use or reserved in the deeds for the common use of property owners in the proposed subdivision, together with the purpose of conditions or limitations of such reservations, if any.
m.
Proposed plan for draining surface water from the development and accepting offsite runoff water, and a description of any effects on adjacent properties.
n.
The proposed street pattern or layout showing the name and widths of proposed streets and alleys, and curve radii of centerline and rights-of-way.
o.
Private streets and all restrictions or reservations relating to such private streets.
p.
Easements, together with their dimensions, purpose, and restrictions on use.
q.
List proposed suppliers of utility services and show locations of proposed facilities for sanitary sewer, storm drain, water lines, electric/telephone, fire hydrants, street lights, etc.
r.
Proposed blocks, numbered in consecutive order.
s.
Proposed lots, approximate dimensions, size and boundaries. Residential lots shall be numbered consecutively. Lots that are to be used for other than residential purposes shall be identified with letter designations.
t.
Proposed dwelling types.
u.
Parks, playgrounds, recreation areas, parkways, walkways, bikeways, signs, landscaping, and open space for public use, and any other special features that are proposed to be part of the subdivision.
v.
Zoning classification of the land and Comprehensive Plan Map designation.
w.
Draft of proposed restrictions and covenants affecting the plat.
x.
Predominant natural features such as water courses and their flows, marshes, rock outcroppings, and areas subject to flooding, sliding or other natural hazards.
y.
Show minimum setback lines if more restrictive than provided for in this Code.
3.
Development Phasing.
a.
A preliminary subdivision plan may provide for platting in as many as three phases. The preliminary plan must show each phase and be accompanied by proposed time limitations for approval of the final plat for each phase.
b.
Time limitations for the various phases must meet the following requirements:
i.
Phase 1 final plat shall be approved within 24 months of preliminary approval.
ii.
Phase 2 final plat shall be approved within 24 months of final approval of Phase 1.
iii.
Phase 3 final plat shall be approved within 24 months of final approval of Phase 2.
iv.
In no case shall the preliminary approval of any phase last longer than 10 years beyond the preliminary approval in compliance with ORS.
4.
Criteria for Approval of Preliminary Subdivision Plan.
a.
A decision on the preliminary subdivision plan application shall be made by the Approving Authority as provided in Chapter 12.10 of this Code, within 180 days of filing a complete application.
b.
The preliminary subdivision plan shall be approved if the Approving Authority finds the following:
i.
The information required by this Section has been provided;
ii.
The design and development standards of this Section have been met; and;
iii.
If the preliminary plan provides for development in more than one phase, the Approving Authority makes findings and conclusions that such phasing is necessary due to the nature of the development, and that the applicant will be able to comply with the proposed time limitations.
c.
Should the Approving Authority find that conditions of approval are necessary to ensure that the preliminary plan will meet all applicable standards, it shall approve the plan with conditions in cases where the necessary conditions of approval can be applied with sufficient specificity.
d.
Should the Approving Authority find that the preliminary plan submitted cannot be reasonably approved with conditions of sufficient specificity so as to ensure that the plan will meet all applicable standards, it shall deny the submitted plan with a statement indicating the areas of deficiency.
5.
Duration of Preliminary Subdivision Plan Approval.
a.
Approval of a preliminary subdivision plan shall be valid for 36 months from the date of approval of the preliminary plan, provided that if the approved preliminary plan provides for phased development, the approval shall be valid for the time specified for each phase, subject to the limitations of Paragraph 12.12.010(R)(3) of this Code.
b.
If any time limitation is exceeded, approval of the preliminary subdivision plan, or of the phase of the preliminary subdivision plan, and any subsequent phases, shall be void. Any subsequent proposal by the applicant for division of the property shall require new administrative action.
6.
Granting of Extensions.
a.
An applicant may request an extension of a preliminary subdivision plan approval, or, if the preliminary plan provides for phased development, an extension of preliminary approval with respect to the phase the applicant is then developing. Such request shall be considered a limited land use decision, and shall be submitted to the Approving Authority in writing, stating the reason why an extension should be granted.
b.
The Approving Authority may grant an extension of up to 36 months of a preliminary subdivision plan approval, or if the preliminary plan provides for phased development, an extension of up to 12 months of a preliminary subdivision plan approval with respect to the phase then being developed, if it is determined that a change of conditions, for which the applicant was not responsible, would prevent the applicant from obtaining final plat approval within the original time limitation. Further extensions of up to one year each may be granted by the Approving Authority if extraordinary circumstances are shown by the applicant. However, in no case shall the preliminary approval extend beyond 10 years in compliance with ORS.
S.
Final subdivision plat approval. Action upon a final subdivision plat by the Approving Authority is a ministerial action, and must be undertaken within 30 days of receipt of the final plat.
1.
Application for Final Subdivision Plat Approval.
a.
Before expiration of the preliminary subdivision plan approval obtained pursuant to Subsection 12.12.010(R) of this Code, the applicant shall cause an Oregon licensed land surveyor to survey the subdivision and to prepare a final plat, in conformance with the approved preliminary plan.
b.
The applicant shall initiate a request for final plat approval by filing with the Approving Authority a final plat, other supporting documents as described in Paragraphs 12.12.010(S)(2-6) of this Code, and the appropriate fees as established by the City Council.
2.
Final Subdivision Plat Requirements.
a.
A preliminary subdivision guarantee report issued by a title insurance company in the name of the owner of the land, showing all parties whose consent is necessary and their interests in the premises, shall be submitted with the final subdivision plat prior to final approval.
b.
Prior to submission for final approval, the final subdivision plat shall be signed by all persons who own land in the subdivision, and their mortgagees, or by their authorized representatives or any titleholder. The plat shall bear the signature and seal of the licensed land surveyor responsible for its preparation and certification that the plat has been correctly surveyed and properly monumented. All signatures must be with permanent black ink, not ball point.
c.
A certificate by the Public Works Director certifying that the sub-divider has installed improvements in accordance with the requirements of these regulations, other required standards, and with the action of the Approving Authority giving conditional approval of the preliminary plat; or a certificate by the County Clerk that an agreement has been recorded as provided in Paragraph 12.12.010(S)(5) to ensure completion of required improvements.
d.
A copy of the covenants, if any, that will be placed on the subdivision.
e.
A copy of all documents relating to establishment and maintenance of private facilities, common areas, and easements, including the volume and page of recording with the Douglas County Clerk.
f.
A copy of all documents relating to additional requirements or restrictions required by the Approving Authority as a condition of approval.
g.
Declaration. A notarized certificate signed and acknowledged by all parties having any record title interest in the land, consenting to the preparation and recording of the plat.
h.
Dedication. A notarized certificate, signed, and acknowledged by all parties having any record title interest in the land dedicating all land intended for public use and common improvements, including, but not limited to, streets, roads, parks, sewage disposal, and water supply systems, the dedication of which was made a condition of approval of the preliminary plan.
i.
Certification line by the Douglas County Tax Collector certifying that taxes and assessments on the tract are paid to date.
3.
Information Required on the Final Subdivision Plat. The following information shall be included on the final plat or in the supporting documents, and the plat shall otherwise comply with ORS 209.250:
a.
Name of subdivision.
b.
North arrow, scale, and date the plat was prepared.
c.
Legal description of the subdivision boundaries, area of the subdivision in acres, and the location of the subdivision by Quarter Section, Township, and Range.
d.
Names and addresses of the sub-divider, owner, mortgagee, if any, and the person preparing the plat.
e.
Subdivision block and lot boundary lines and street right-of-way and centerlines with dimensions to the nearest 1/100th of a foot, bearings or deflection angles, radii, arcs, points of curvature, chord bearings and distances, and tangent bearings. Subdivision boundaries, lot boundaries and street bearings shall be shown to the nearest second with basis of bearings.
f.
Names and width of the portion of streets being dedicated, the width of any existing right-of-way, and the width on each side of the centerline. For streets on curvature, curve data shall be based on the street centerline. In addition to the centerline dimensions, the radius and central angle shall be indicated.
g.
Easements denoted by fine dotted lines, clearly identified, and, if already of record, their recorded reference. The width of the easement, its length and bearing, and sufficient ties to locate the easement with respect to the subdivision must be shown. If the easement is being dedicated by the map, it shall be properly referenced in the owner's certificate of dedication.
h.
Locations and widths of drainage channels, railroad rights-of-way, reserve strips at the end of stubbed streets and along the edge of partial width streets on the boundary of the subdivision.
i.
Ties to any City, County, condominium, or adjacent subdivision boundary lines, and geodetic control monuments as required by ORS 92.050.
j.
Numbering of blocks and lots, as follows:
i.
Any subdivision submitted for final approval shall not use block numbers or letters unless such subdivision is a continued phase of a previously recorded subdivision, bearing the same name that has previously used block numbers or letters.
ii.
Block numbers continuing consecutively without omission or duplication throughout the subdivision. The numbers shall be solid, of sufficient size and thickness to stand out, and so placed as to not obliterate any figure or lot numbers. In an addition to a subdivision of the same name, numbers shall be a continuation of the numbering in the original subdivision.
iii.
Lot numbers beginning with the number "1" and numbered consecutively or consecutively within each block.
k.
Zoning classification of the property within the subdivision.
l.
The course of all lines traced or established, giving the basis of bearing and the distance and course to a Section Corner, Quarter Corner, Sixteenth Corner, or Donation Land Claim Corner in Township and Range, a lot corner of a recorded subdivision, a boundary corner of a recorded condominium, or a parcel corner of a recorded partition.
m.
100-year flood elevation data shall be provided and shown on final subdivision plats. Applicant must also show boundaries of the 100-year flood and floodway on final subdivision plat.
n.
Space for date and signature of the officials specified in Paragraph 12.12.010(S)(10) of this Code.
o.
Any conditions specified by the Approving Authority upon granting preliminary approval.
p.
A narrative pursuant to the provisions of ORS 209.250(2).
q.
Dedications and/or declarations shall be notarized.
r.
A copy of the covenants, if any, that will be placed on the partition, including the volume and page of recording with the Douglas County Clerk.
s.
Community Development Department File Number.
4.
Survey Requirements for Final Plat.
a.
Format. All plats shall be drawn with a good quality black ink, approved by the County Surveyor, on .003 inch thick polyester based transparent drafting film, or an equivalent, matted on both sides, 18 inches by 24 inches in size, with a three inch extension at the left end (overall size shall be 18" x 27") that is suitable for binding and copying purposes. The quality of said drafting film and any other drafting particulars will be subject to the County Surveyor's approval. No diazo process may be used. No drafting shall come nearer any edge than one inch and no nearer the left or binding edge than four inches.
b.
Scale. The plat shall be drawn to a scale of 1" = 100'. Any deviation from this scale shall be allowed only with the approval of the County Surveyor.
c.
Survey Accuracy.
i.
Monuments shall be set with such accuracy that measurements may be taken between monuments within one-tenth of a foot or within 1/5,000 of the distance shown on the subdivision plat, whichever is greater.
ii.
The survey for the plat shall be of such accuracy that the error of closure shall not exceed 1 foot in 5,000 feet. Any lesser accuracy shall be allowed only with the approval of the County Surveyor.
iii.
The dimensions shown on the plat shall be of such accuracy that the error of closure of any portion shall not exceed 1 foot in 10,000 feet.
d.
Measurements. The plat shall contain the following measurements:
i.
The boundary lines with distances, bearings, and the exact location and width of existing or recorded streets intersecting the boundary. Distances shall be to the nearest 1/100th of a foot and bearings or angles to the nearest second.
ii.
The lengths of arcs, radii, internal angles, lengths, and bearings of tangents and lengths and bearings of chords and the central angle.
iii.
Block indications, lot numbers, and lot lines with dimensions and bearings and/or angles to street and alley lines.
iv.
The area of each lot in either acres to the nearest 1/100th of an acre, or square feet.
v.
All bearings or measured angles and distances separately indicated from those of record.
vi.
All monuments set and their relation to older monuments found. A detailed description of monuments found and set shall be included, and all monuments set shall be separately indicated from those found.
vii.
Any additional information shall be typed or printed in narrative form.
e.
Monuments
i.
The plat shall contain the location, material, and approximate size of all monuments which have been set. A monument shall be set at every angle point along the boundary lines, any exceptions shall be allowed only with the approval of the County Surveyor. All monuments for the exterior boundaries of a subdivision shall be set and referenced on the plat before the plat is offered for approval. Interior monuments need not be set prior to the approval of the plat. Special symbols shall be used to designate and describe points where such interior monuments will be set.
ii.
Monuments shall meet the specifications of the County Surveyor, and shall be no less than those required by ORS 92.060.
iii.
If the interior monuments are not set prior to the approval of the plat:
A.
The person performing the survey work shall, by affidavit, certify that the interior monuments will be set by a date specified by them, such a date not to exceed one year from the date of submission of the plat for approval. The County Surveyor may extend the one-year period, and such extension shall be in writing. The County Surveyor shall submit a written copy of the extension to the Approving Authority.
B.
The sub-divider shall furnish to the Douglas County Surveyor's Office a bond, cash deposit, or other security at the option of the Douglas County Surveyor's Office, in an amount equal to not more than 120% of the County Surveyor's estimate of the cost to perform the work for the interior monumentation.
C.
Space will be provided on the face of the plat for endorsement of the recording reference to the plat copy to be filed upon completion of such interior monumentation.
D.
Upon completion of the interior monumentation, the person performing the survey shall notify the County Surveyor within five days.
E.
The County Surveyor shall check the interior monumentation, and, if the conditions required on the tentative plan have been complied with, he shall so certify on the subdivision plat in the County Clerk's Office on the exact copy filed in the County Surveyor's Office.
F.
Upon approval of the work by the County Surveyor, the person performing the work shall reference the monuments on the subdivision plat in the County Clerk's Office and the exact copy filed in the County Surveyor's Office.
G.
The person performing the survey work shall certify by affidavit on the plat that he has correctly surveyed and marked with proper monuments the land as represented.
iv.
Floodplain Monumentation for Subdivisions and Partitions. For subdivisions and partitions involving land in a floodplain, the following specifications shall apply:
A.
A permanent monument shall be established and maintained on land partitioned or subdivided, showing the elevation in feet above mean sea level, NAVD 88. The location of such monument shall be shown on the final partition map or subdivision plat.
B.
A standard Bench Mark shall be a minimum of 36 inches in depth and eight inches in diameter, constructed of concrete with a brass cap set in the center. The brass cap shall bear the name of the Bench Mark, the year set and the agency or Registered Land Surveyor's license number. The Bench Mark shall be set at least 30 inches in the ground in a stable, protected area of the partition or subdivision. The elevation established shall be third order or higher.
C.
The Bench Mark location shall be indicated on the face of the plat or final survey map, along with its name and elevation and the name, year and elevation of the Bench Mark upon which the elevation is based.
D.
The level notes or a copy thereof shall be filed with the final map. Any exceptions shall be allowed only with the approval of the County Surveyor.
f.
Field Notes and Closure Copies to County Surveyor.
i.
Copies of all lot closures, block closures, and plat closures of the subdivision shall be furnished to the County Surveyor upon his/her request.
ii.
If the interior monuments are not set prior to the approval of the plat, the field notes or legible copies for the original survey of the subdivision shall be furnished to the County Surveyor upon his/her request.
g.
County Surveyor Fees. The sub-divider shall pay a fee to the County Surveyor as provided in ORS 92.100(2). If the interior monuments are not set prior to the approval of the plat, the sub-divider shall pay an additional fee to the County Surveyor equal to 50% of that fee provided in ORS 92.100(2) to cover the second field check as provided in most monumentation. In the event a second field and/or office check becomes necessary because of substantial discrepancies found in the first check, the County Surveyor may, at his/her discretion, charge a second fee or partial fee.
5.
Agreement for Improvements.
a.
Before approval of the final subdivision plat, the applicant shall install the improvements required by the preliminary plan approval and repair existing streets and other public facilities damaged in the development of the subdivision. The developer may execute an agreement between the property owner and the City for deferring the construction of sidewalks for a period not to exceed five years from the time the final plat is recorded within which required improvements and repairs will be completed. The agreement may provide for the construction of the required improvements in phases. The agreement shall provide that if work is not completed within the period specified, the City may complete the work and recover the full cost and expense thereof from the property owner.
b.
An applicant may request an extension of time for completion of required improvements. Such request will be considered an application for administrative action. Such extension shall be approved only if changed conditions for which the applicant is not responsible have made it impossible for them to fulfill the agreement within the original time limits.
6.
Performance Bond.
b.
Such assurance of full and faithful performance shall be for a sum determined by the Public Works Director to be sufficient to cover the cost of the improvements and repairs that may be required prior to approval of the final plat, including related engineering, administration, inspection, utilities, fees, and other incidental expenses to obtain finished streets and saleable lots, and may include an additional percentage as determined by the Public Works Director to cover any inflationary costs which may be incurred during the construction period prior to the full and final completion of the project.
c.
If the applicant fails to carry out provisions of the improvement agreement, and the City has reimbursed costs or expenses resulting from such failure, the City shall call on the bond or cash deposit for reimbursement. If the amount of the bond or cash deposit exceeds the cost and expense incurred, the remainder shall be released. If the amount of the bond or cash deposit is less than the cost and expense incurred, the applicant shall be liable to the City.
d.
The sub-divider and his/her contractor shall provide a guarantee of one year extending from the date of final plat approval, or certification by the engineer that improvements are complete and the bond can be released. The guarantee shall cover workmanship and materials, during which time the sub-divider and his/her contractor are responsible for and must make good any defects through faulty, improper or inferior workmanship or materials, arising from or discovered in any part of his/her work during this time.
e.
Upon completion of the improvements, the Public Works Director shall inspect the work and all other requirements and conditions for conformity with the preliminary plan, and if complete and acceptable and all accounts are settled or satisfactory provisions are made for settlement, he shall certify the work complete and ready for acceptance by the Approving Authority, after which the final plat may be approved, or the bond on improvements released.
7.
Development Phasing. If the preliminary subdivision plan approval pursuant to Subsection 12.12.010(R) of this Code provided for phasing of development, the applicant may request final plat approval for an individual phase of the subdivision by filing with the Director a final plat and supporting documents, as provided in Subparagraphs 12.12.010(S)(1-6) of this Subsection, for that phase only.
8.
Review of Final Plat. The official plat for final approval shall be delivered to the Director for final review and approval. The Director shall cause the final map and other data to be reviewed by appropriate agencies and officials, who shall examine them to determine that the subdivision as shown substantially conforms to the approved preliminary plan as conditionally approved.
If the Director determines that substantial conformity to the preliminary plat with conditions has not been made, he shall advise the sub-divider and shall afford them an opportunity to make such changes or additions necessary to comply with the preliminary plat as conditionally approved.
9.
Standards for Final Subdivision Plat Approval.
a.
The Director shall grant final subdivision plat approval if he determines that the final plat and supporting documents are in substantial conformance with the approved preliminary plan, including any conditions imposed by the Approving Authority. Substantial conformance means that any differences between the preliminary and final plans are "minor amendments," as defined in Subparagraph 12.12.010(V)(1)(a) of this Code.
b.
The granting of final plat approval shall not be affected by a change in the zone or plan map designation of the subject property made after approval of the preliminary subdivision plan.
10.
Filing and Recording of Final Plat.
a.
After final plat approval, the applicant shall submit without delay the final plat for signatures of the following officials, in the order listed:
b.
At least two members of the Board of County Commissioners shall sign the plat prior to its submission to the County Clerk.
c.
The final plat shall be recorded within 30 days of the date that signatures and approvals required by the above Subparagraphs 12.12.010(8) and (9) of this Code were obtained, or the approval shall be null and void.
d.
Upon filing the final plat, the applicant shall submit to the Director three prints of the final plat as filed.
T.
Land partitioning approval.
1.
Approval of Preliminary Partition Plans. Approval of a preliminary partition plan is an administrative action subject to the provisions of Subsection 12.10.010(F) of this Code.
a.
An application for preliminary partition plan approval shall be initiated as provided in Chapter 12.10 of this Code. Applicants shall file with the Director five copies of the preliminary plan. The Director shall notify the applicant within 30 working days if it is found that the application for preliminary partition plan approval is incomplete or if additional information is needed.
b.
A preliminary partition plan and supporting documents shall include the following:
i.
An identifying name or title of the partition;
ii.
A vicinity map locating the proposed partitioning in relation to adjacent subdivisions, roadways and other land parcels;
iii.
North arrow, scale, and date;
iv.
A plan of the proposed partitioning, showing tract dimensions, bearings of all lines, area of each tract, and the names of existing and proposed streets or roads and walkways;
v.
Existing or proposed private streets or roads and walkways and all restrictions or reservations relating to such private streets roads, and walkways;
vi.
Easements to be conveyed or dedicated, indicating width, location, purpose, affected agencies, etc.;
vii.
Name and address of the landowners, the applicant and the surveyor, if any, employed to make necessary surveys and prepare the description of each tract involved;
viii.
Names of adjacent owners and property identification;
ix.
Proposed means and location of water supply and sewage disposal for each tract;
x.
Proposed drainage plan;
xi.
Zoning classification of the land and Comprehensive Plan Map designation;
xii.
Predominant natural features, such as water courses and their flows, marshes, rock outcroppings and areas subject to flooding, sliding, or other natural hazards;
xiii.
Existing structures and distances from all existing and proposed property lines;
xiv.
Contours as called for on preliminary subdivision plats;
xv.
Draft of any proposed restrictions and covenants affecting the partitioned land.
c.
Standards for approval of a preliminary partition plan:
i.
A decision on a preliminary partition plan application shall be made by the Approving Authority as provided in Chapter 12.10 of this Code.
ii.
The preliminary partition plan shall be approved if the Approving Authority finds that the information required by this Subsection has been provided, and if the design and development standards of this Chapter and the Comprehensive Plan have been met.
d.
The Approving Authority may require dedication or reservation of land and utility or drainage easements, and may impose conditions promoting redevelopment of the parcels, if, in view of the zoning and Comprehensive Plan Map designation, the acreage of the parcel or parcels in contiguous ownership makes additional partitioning of the subject property feasible.
2.
Land Partition Plat Requirements.
a.
Conformance to Tentative Plan. The plat shall substantially conform to the tentative plan as approved.
b.
Conformance to State Law. In addition to the requirements of this Subsection, the plat shall conform to all requirements of state law.
c.
Preparation. All plats shall be prepared by a professional land surveyor registered with the State of Oregon and shall otherwise comply with ORS 209.250.
d.
Format. All plats shall be drawn with good quality black ink approved by the County Surveyor, on .003 inch thick polyester based transparent drafting film, or an equivalent, matted on both sides, 18 inches by 24 inches in size with a three inch extension at the left end (overall size shall be 18 inches by 27 inches) that is suitable for binding and copying purposes. The quality of said drafting film and any other drafting particulars will be subject to the County Surveyor's approval. No diazo process may be used. No drafting shall come nearer any edge than one inch and no nearer the left or binding edge than four inches.
e.
Scale. The partition plat shall be drawn to a scale of 1"=100' or to such other scale, approved by the County Surveyor.
f.
Survey Accuracy.
i.
Monuments shall be set with such accuracy that measurements may be taken between monuments within one-tenth of a foot to within 1/5,000 of the distance shown on the partition plat, whichever is greater.
ii.
The survey for the plat shall be of such accuracy that the error of closure shall not exceed one foot in 10,000 feet. Any lesser accuracy shall be allowed only with the approval of the County Surveyor.
iii.
The dimensions shown on the plat shall be of such accuracy that the error of closure on any portion shall not exceed one foot in 10,000 feet.
g.
Measurements. The plat shall contain the following measurements:
i.
The boundary lines with distance bearings, and the exact location and width of existing or recorded streets intersecting the boundary of the parcel. Distances shall be to the nearest 1/100th of a foot and bearings or angles to the nearest second.
ii.
The lengths of arcs, radii, internal angles, lengths and bearings of the tangents and lengths and bearings of chords and the central angle.
iii.
The area of each parcel in either acres to the nearest 1/100th of an acre, or square feet.
iv.
All bearings or measured angles and distances separately indicated from those of record.
v.
All monuments set and their relation to older monuments found. A detailed description of monuments found and set shall be included and all monuments set shall be separately indicated from those found.
Any additional information shall be typed or printed in narrative form. |
h.
Monuments.
i.
The plat shall contain the location, material, and approximate size of all monuments which have been set. A monument shall be set at every angle point along the boundary lines, any exceptions shall be allowed only with the approval of the County Surveyor. All monuments shall be set and referenced on the plat before the plat is offered for approval.
ii.
Monuments shall meet the specifications of the County Surveyor and shall be no less than those required by ORS 92.060.
iii.
For partitions involving land in a floodplain, the provisions of Subparagraph 12.10.010(S)(4)(e) of this Code shall apply.
iv.
A permanent monument shall be established and maintained on land partitioned or subdivided, showing the elevation in feet above mean sea level, NAVD 88, The location of such monument shall be shown on the final partition map or subdivision plat.
i.
General Information. The plat shall comply with ORS 209.250, and shall contain the following information:
i.
Location of the parcel by Quarter Section, Township, and Range;
ii.
Names and addresses of the partitioner, owner, mortgagee, if any, and the person preparing the plat;
iii.
North arrow, scale, and date submitted;
iv.
The names of any streets intersecting or within the parcels. In the event any streets are created or dedicated, data as required in Subparagraphs 12.10.010(S)(3)(e)—(f) of this Code shall be provided;
v.
Easements provided for public services or utilities and any limitations of the easements, as required in Subparagraph 12.10.010(S)(3)(g) of this Code;
vi.
Locations and widths of drainage channels, railroad rights-of-way, reserve strips at the end of stubbed streets and along the edge of partial width streets on the boundary of the partition;
vii.
100-year flood elevation data shall be provided and shown on final partition plats. Applicant must also show boundaries of the 100-year flood and floodway on final partition plat;
viii.
A copy of the covenants, if any, that will be placed on the partition, including the volume and page of recording with the Douglas County Clerk;
ix.
A copy of all documents relating to establishment and maintenance of private facilities, common areas and easements, including the volume and page of recording with the Douglas County Clerk;
x.
Declaration. A notarized certificate signed and acknowledged by all parties having any record title interest in the land, consenting to the preparation and recording of the partition;
xi.
Dedication. A notarized certificate, signed and acknowledged by all parties having any record title interest in the land, dedicating all land intended for public use and common improvements, including, but not limited to streets, roads, parks, sewage disposal, and water supply systems the donation of which was made a condition of the approval of the preliminary partition;
xii.
Zoning classification;
xiii.
The course of all lines traced or established, giving the basis of bearing and the distance and course to a section corner, one-quarter corner, one sixteenth corner or Donation Land Claim corner in Township and Range, a lot corner of a recorded subdivision, boundary corner of a condominium or a parcel corner of a recorded partition;
xvi.
Any additional information made a condition of approval of the tentative plan;
xvii.
A surveyor's certificate per ORS 92.070 and written legal description of the boundary of all land contained in the land partition. Each parcel shall be identified with a parcel designation;
xviii.
When parcels are not required to be monumented or surveyed, a schematic diagram shall be included on the face of the final partition plat showing the exterior boundaries of all parcels and their relationship with the parcel(s) requiring monumentation and surveying;
xx.
Community Development Department File number;
xxi.
The partitioner shall pay a fee to the County Surveyor for checking partition plats and such fee shall be established by the County Surveyor;
xxii.
Certification line for the Douglas County Tax Collector certifying that taxes and assessments on the tract are paid to date.
3.
Approval of Final Partition Plat.
a.
The applicant shall initiate a request for final partition plat approval by filing with the Director a final plat prepared in accordance with those standards specified in Subparagraph 12.10.010(S)(3) of this Code.
b.
If the parcel of land to be partitioned exceeds five acres, and within a year is being partitioned into more than two parcels any one of which is less than one acre, full compliance with all requirements for subdivision may be required if the Approving Authority should determine, in its judgment, that the entire parcel being partitioned is in the process of being divided into small parcels.
c.
The approval of a final partition plat by the Director is a ministerial action. The Director shall grant final approval within 180 days if he determines that:
i.
The final plat and any supporting documents are in substantial conformance with the approved preliminary partition plan;
ii.
Any conditions imposed by the Approving Authority have been met.
iii.
Substantial conformance means that any differences between the preliminary and final plans are "minor amendments," as defined in Subparagraph 12.12.010(T)(1)(a) of this Code.
d.
Every lot or parcel created by a partition shall conform to the access requirements specified in Subparagraph 12.12.010(E)(6) of this Code.
e.
The granting of final plat approval shall not be affected by a change in the zone or plan plat designation of the subject property made after approval of the preliminary partition plan.
f.
After approval of the final partition plat, the Director and the County Surveyor shall endorse their approval on the plat. The plat shall be recorded with the County Clerk.
g.
Upon filing the final partition plat, the applicant shall submit to the Director three prints of the final partition plat.
U.
Common boundary line adjustments.
1.
Application for Approval of Common Boundary Line Adjustments. Approval of a common boundary line adjustment is an administrative action subject to the provisions of Subsection 12.10.010(I) of this Code.
a.
An application for common boundary line adjustment approval shall be initiated as provided in Chapter 12.10 of this Code.
b.
An application for common boundary line adjustment approval shall include the following:
i.
An identifying name or title of the common boundary line adjustment;
ii.
A vicinity map locating the proposed common boundary line adjustment in relation to adjacent land parcels and roadways;
iii.
North arrow, scale and date.
iv.
A plan of the proposed common boundary line adjustment, showing all affected lots, boundaries to be adjusted, parcel dimensions, areas of each parcel, all streets or roads both public and private, existing structures with dimensions and distances from all existing and proposed property lines, driveways, and location of utilities (gas, sewer, water, electricity, and any others) with appropriate dimensions;
v.
Easements to be conveyed or dedicated, indicating width, location, purpose, affected agencies, etc.;
vi.
Name and address of landowners, the applicant, and the surveyor, if any, employed to make necessary surveys and prepare the description of each tract involved;
vii.
Names of adjacent owners and property identification;
viii.
A notarized certificate signed and acknowledged by all parties having any record title interest in any affected units of land, consenting to the preparation and recording of the common boundary line adjustment. The certificate shall include legal descriptions of all adjusted lots prepared at the applicant's expense;
ix.
Space for date and signature of the Director;
x.
Any additional information made a condition of approval;
xi.
A non-refundable filing fee in an amount determined by ordinance or resolution of the City Council;
2.
Standards for Approval:
a.
A decision on a common boundary line adjustment application shall be made by the Approving Authority as provided in Chapter 12.10 of this Code.
b.
The common boundary line adjustment shall be approved if the Approving Authority finds that:
i.
The information required by this Section has been provided;
ii.
The design and development standards of this Code and the Comprehensive Plan have been met;
iii.
All adjusted lots will be no more non-conforming than the original lots with respect to minimum lot area, dimensions, and building setback requirements for the given zone;
iv.
All adjustments are within a given zone and not among differing zones;
v.
No substandard lots shall be created;
vi.
The adjustment will not affect or impede the public right-of-way or any recorded easement.
c.
After approval of the common boundary line adjustment the Director shall endorse his or her approval on the Plat in the place provided and notify the applicant in writing. The survey plat, if required, shall be filed with the County Surveyor. Deeds of conveyance conforming to the approved common boundary line adjustment shall be recorded with the County Clerk within 30 days after approval is granted.
V.
Amendments to preliminary plans and final plats or maps.
1. "Minor amendment"i. ii. iii. iv. "Major amendment"
Definitions.
means a change that:
Does not increase the number of parcels created by the subdivision or partition or common boundary line adjustment;
Does not enlarge the boundaries of subdivided or partitioned area;
Does not change the general location or amount of land devoted to a specific land use; or
Includes only minor shifting of the established lines, location of buildings, proposed public or private streets, pedestrian ways, utility easements, parks or other public open spaces, and does not result in conflicts or other conditions unacceptable to the Approving Authority.
means any change which is not a minor amendment.
2.
Approval of Minor Amendments. A minor amendment to an approved preliminary subdivision or partition plan or common boundary line adjustment or to an approved final subdivision plat or final partition map may be approved by the Director.
3.
Approval of Major Amendments. Approval of a major amendment to an approved preliminary subdivision or preliminary partition plan, or to an approved final subdivision plat or final partition map, shall be an administrative action subject to the provisions of Section 12.10.010(F) of this Code.
W.
Prohibition on sale. No person shall sell any lot or adjusted lot or parcel of land before the subdivision or partition or common boundary line adjustment creating the same has been approved by the Approving Authority and the plat or partition has been recorded with the County Clerk.
(Ord. 3538, §§ 6—8, 3-23-2020; Ord. 3561, § 9, 6-28-2021)
§ 12.12.020 Planned unit development.
A.
Purpose. The purposes of Planned Unit Development are to provide a means of creating harmonious planned environments through the application of flexible and diversified land development standards; to encourage the application of new development techniques and technology which will result in superior living or development arrangements; to promote the efficient use of land to facilitate more economic provision of housing, circulation systems, utilities and their maintenance; to promote energy conservation and use of renewable energy resources; to preserve to the greatest extent possible significant landscape features and to utilize such features in a harmonious fashion; and to provide for more usable and suitably located open space and recreation facilities than would otherwise be provided under conventional land development procedures.
The purpose of the Planned Unit Development process is also to provide special site review for development occurring in areas designated in the Comprehensive Plan and Zoning Map by a PUD Overlay.
B.
Types of PUDs and general process of consideration. Planned Unit Developments shall fall into two basic categories:
1.
PUDs involving land division and/or condominiums, and development of property that requires the application of flexible standards not afforded by strict application of the usual zoning and land division regulations, and/or involving cases where the applicant seeks such flexibility to achieve a desired design. The consideration process in this case is substantively a specialized subdivision proceeding with special site review.
The proceeding shall include a determination of the appropriate development standards to be applied, wherein appropriate regulatory flexibility is granted in specific terms in exchange for development amenities and/or mitigation of potential adverse impacts on significant landscape features, neighboring properties and uses.
The consideration process shall culminate in the review and approval of a detailed site plan and formal articulation of conditions and standards of development.
Factors to be reviewed by the hearings body include the following:
a.
Clustered or compact development with open space protection and enhancement;
b.
Dedications of land to public for public recreational facilities;
c.
Increased density;
d.
Architectural design regulation;
e.
Extraordinary landscaping;
f.
Amenities and design for the special needs of children, the elderly, the handicapped or disadvantaged persons;
g.
Recreational and cultural amenities;
h.
Urban agriculture/silviculture production;
i.
Low-cost housing programs;
j.
Traffic and parking regulation and provisions;
k.
Energy conservation enhancement;
l.
Special protection of environmentally sensitive areas and historical and natural resources onsite, and those offsite;
m.
Development of uses not normally permitted in the zoning district(s) of the subject property;
n.
Structure height, setbacks, and lot coverage;
o.
Lot area and dimension.
2.
PUDs involving the development without land division or condominium on property whose nature and/or location have been determined by designation in the Comprehensive Plan and/or Zoning Map to be of a sensitive nature with an acknowledged potential for adverse impacts on surrounding properties or uses, either directly adjacent or in the general vicinity, and/or on the community in general. The process in this instance is substantively a special site review with public hearing.
The site plan approval process may provide for the application of conditions to the site plan. Such conditions may consist of development criteria articulated herein or conditions in addition to the standard development criteria.
3.
Factors to be applied:
a.
Screening and buffering of sight, access, noise, light, vibration, etc., from neighboring properties, uses and rights-of-way;
b.
Protection of significant landscape features and historic and natural resources;
c.
Traffic and parking regulation;
d.
Enhancement of storm drainage facilities;
e.
Uses not normally permitted by the zoning;
f.
Extraordinary landscaping;
g.
Structure height, setbacks, and lot coverage.
C. Common open space. Private open space. Public open space.
Definitions. The following definitions apply only to this Section:
Open space reserved primarily for the leisure and recreational use of all PUD residents, and owned and maintained in common by them through a homeowners association or other legal arrangement.
Open space located immediately adjacent to an individual dwelling unit, owned and maintained by the owners of the dwelling unit, and reserved exclusively for the use of the residents of the dwelling unit.
Open space dedicated in fee to a public agency and maintained by the agency for public use.
D.
PUD preliminary development plan approval. Approval of a PUD preliminary development plan is an administrative action subject to the provisions of Subsection 12.10.010(F) of this Code.
1.
An application for PUD preliminary development plan approval shall be initiated as provided in Chapter 12.10 of this Code.
2.
The PUD preliminary development plan shall consist of the following:
a.
Written Documents.
i.
A legal description of the total site proposed for development, including a statement of present and proposed ownership and present zoning, or any proposed zoning.
ii.
A statement of planning objectives to be achieved by the PUD through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and adjacent areas, discussion of how the proposed development will relate to the natural environment and significant landscape features of the site and adjacent areas, and the rationale behind the assumptions and choices made by the applicant.
iii.
A development schedule indicating the approximate date when construction of the PUD or stages of the PUD can be expected to begin and be completed.
iv.
A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the PUD, such as land areas, dwelling units, commercial and industrial structures, etc.
v.
Information regarding the establishment of a property owners association or other similar entity, if any common space or facilities are contemplated.
vi.
Quantitative data for the following: Total number and type of dwelling units; parcel sizes; proposed lot coverage of buildings and structures; approximate gross and net residential acreages; total amount of open space; amounts of private, common and public open space; total area and types of nonresidential construction; economic feasibility studies or market analysis where necessary to support the objectives of the development.
vii.
Proposed covenants, if any.
b.
Site Plan and Supporting Maps. A site plan and any maps necessary to show the major details of the proposed PUD, containing the following minimum information:
i.
The existing site conditions, including contours at five-foot intervals, water courses, floodplains and other areas subject to natural hazards, significant landscape features, and forest cover.
ii.
Proposed lot lines and layout design.
iii.
The location and floor area size of all existing and proposed buildings, structures and other improvements, including maximum heights, types of dwelling units, and nonresidential structures, including commercial and industrial facilities, and elevation plans of major structures. Major structures do not include single-family and two-family dwellings.
iv.
The location and size in acres or square feet of all areas to be conveyed, dedicated or reserved as common or public open spaces or recreational areas, school sites, and similar public and semipublic uses.
v.
The existing and proposed circulation system of arterial, collector and local streets, including off-street parking areas, service areas, loading areas and major points of access to public rights-of-way. Notations of proposed ownership, public or private, should be included where appropriate.
vi.
The existing and proposed pedestrian and bicycle circulation system, including its interrelationships with the vehicular circulation system indicating proposed treatment of points of conflict.
vii.
The existing and proposed system for providing sewage disposal, water, electricity, gas, fire protection, and telephone services.
viii.
A general schematic landscape plan indicating the technique and materials to be used for private, common, and public open spaces.
ix.
A preliminary subdivision or partition plan if the land is to be divided, including all information required for the filing of a preliminary subdivision or partition plan as specified in Section 12.12.010 of this Code.
x.
Enough information on land areas adjacent to the proposed PUD, including land uses, zoning classifications, densities, circulating systems, public facilities and significant landscape features, to indicate the relationships between the proposed development and the adjacent areas.
xi.
The proposed treatment of the perimeter of the PUD, including materials and techniques to be used, such as landscaping, screens, fences, and walls.
3.
The Approving Authority shall decide on the PUD preliminary development plan application as provided in Chapter 12.10 of this Code, and shall approve the preliminary development plan if it finds:
a.
The proposed PUD is consistent with applicable Comprehensive Plan goals, policies, and map designations, and with the purpose set forth in Subsection 12.12.020(A);
b.
The preliminary development plan meets the development standards of Subsections 12.12.020(F) and 12.02.020(H);
c.
If the preliminary development plan provides for phased development, pursuant to Subsection 12.12.020(G), that each phase meets the standards of Paragraph 12.12.020(G)(3), and that the applicant has the capability to obtain final development plan approval in the time limits imposed;
d.
Exceptions from the standards of the underlying zone district or from the quantitative requirements of Section 12.12.010 of this Code are warranted by amenities and other design features of the PUD furthering the purpose of Subsection 12.12.020(A);
e.
Any conditions or modifications imposed by the Approving Authority in the preliminary development plan approval are necessary to meet the requirements of Subsections 12.12.020(F) to 12.12.020(H), to further the purposes of Subsection 12.12.020(A), or to comply with the Comprehensive Plan.
E.
PUD standards and criteria in non-residential districts. PUDs in nonresidential districts shall be developed to standards applied by the Approving Authority pursuant to Subsections 12.12.020(A) and 12.12.020(B).
F.
PUD standards and criteria in residential districts. A PUD must meet the development standards of this Section and those applied in conditions of approval pursuant to Subsection 12.12.020(B).
1.
Minimum Site Size. A parcel to be developed as a PUD in any residential district shall be a minimum of four times the minimum lot size required for a single-family dwelling in the underlying district.
2.
Permitted Uses. The following uses are permitted subject to the general standards of this Section:
a.
Residential Uses. Single-family dwellings, duplex dwellings, mobile homes conforming to the standards established in Section 12.10.100 of this Code, multi-family dwellings, including townhouses, apartments and condominiums, and accessory buildings such as garages, storerooms, woodsheds, hobby shops, laundries, playhouses, or similar and related uses may be permitted.
b.
Commercial Uses. Retail commercial uses may be permitted in a PUD if the Approving Authority determines that they are designed to serve primarily the residents of the PUD. The Approving Authority may require that the applicant submit a market analysis demonstrating that the amount of land proposed for commercial use is needed for, and realistically can be supported in, commercial use by the residents of the PUD.
c.
Other Uses. If designed to serve primarily the residents of a PUD, the following uses may be permitted. If designed to serve residents of adjacent areas, as well, the following uses may be permitted by the Approving Authority if it finds that such use is consistent with the purposes of Subsection 12.12.020(A) and with the surrounding Zoning District:
3.
Density Criteria. The number of dwelling units in a PUD shall not exceed the number that would be allowed on the net acreage of the site developed at minimum lot sizes in the underlying Zoning District, except that the Commission may allow an increase of up to 15% if it finds that such increase is compensated by the provision of amenities described in Paragraph 12.12.020(B)(1) and can be reasonably accommodated on the site without adversely affecting public facilities, significant landscape features, or properties and uses in the vicinity.
4.
Lot Sizes. Where lots are proposed, size and shape shall be determined with consideration given to the types of structures contemplated and the privacy and safety needs of the residents. Appropriateness shall be demonstrated.
5.
Building Spacing and Yard Requirements.
a.
General Requirements. A preliminary development plan shall provide for reasonable light, ventilation, safety separation and visual and acoustic privacy for residences and other structures. Fences, insulation, walks, barriers, and landscaping shall be used, as appropriate, for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views, and reduction of noise. High-rise buildings shall be located within a PUD in such a way as to avoid adverse impact on neighboring low-rise buildings and shall not invade the privacy of the occupants of such low-rise buildings.
b.
Yard Requirements - Detached Dwellings. Yard requirements (setbacks) for detached dwellings in a PUD shall be as established by the applicable zoning district, except that one side yard may be reduced or eliminated, providing the adjoining side yard of the abutting lot shall be increased by an amount equal to the reduction, or by 50% over the minimum side yard requirement of the applicable zoning district, whichever is less.
c.
Yard Requirements - Attached Dwellings. Yard requirements for attached dwellings in a PUD shall be as established by the applicable zoning district, except that two single-family dwellings may be attached along one common lot line and may also have a garage or carport attached along the same common line, provided the conditions of Paragraph 12.12.020(F)(5) are satisfied.
d.
Front Yard Variation. In a PUD, front yards may be varied so as to facilitate a staggered effect to avoid monotony and enhance the aesthetics of the development, provided the following requirements are met:
i.
The average front yard of no more than every three consecutive dwellings along a street shall be no less than the minimum requirement of the applicable zoning district, and in no case shall a front yard be less than 10 feet.
ii.
Front and side yards of corner lots shall not be varied under the provisions of this Section if such variation would result in encroachment into the required clear vision area otherwise established by this Code.
e.
Zero-Lot-Line Development.
i.
All lots utilizing zero-lot-line attached development shall be clearly identified on the development plan. Once approved, such specified lots shall be considered fixed and shall not be transferable except as provided for in Subsection 12.12.020(L).
ii.
Zero-lot-line development shall comply with the parcel and building standards of the applicable Zoning District except as modified or supplemented by the following design standards.
A.
A zero-lot-line house development must consist of at least two contiguous parcels with frontage on the same street.
B.
Zero-lot-line house developments require that the planning for all house locations be done at the same time.
C.
The interior side setback on one side of the lot containing a zero-lot-line house may be reduced to as little as zero. The zero or reduced setback side of a zero-lot-line house may not abut a street and may not abut a lot that is not part of the zero-lot-line house development. On the "non-zero" side, a setback must be provided equal to at least two times the minimum side setback requirement of the subject Zoning District.
D.
Driveways may not be located in the required side setback.
E.
Eaves on the side of a house with a reduced setback may not project over the property line.
F.
When the zero-lot-line building's exterior wall or eaves are set back less than two feet from the abutting property line, a perpetual maintenance easement at least five feet in width and of a length equal to the depth of the structure it benefits as measured from the front property line, must be provided on the parcel abutting the zero-lot-line property line, which must be kept clear of structures that would prevent maintenance of the zero-lot-line house. A copy of the recorded easement (unless the dwelling units are joined by a common wall) must be provided prior to site plan approval. This provision is intended to ensure the ability to conduct maintenance on the zero-lot-line house.
G.
The side of the house which faces the reduced or zero-lot-line setback of the parcel on which it is situated shall not have windows, doors or other openings that allow for visibility. Windows that do not allow visibility into the side yard of the parcel abutting the zero or reduced setback side, such as clerestory windows or translucent windows, are allowed, subject to compliance with the building code.
H.
Special deed restrictions, when accepted by the Approving Authority, shall be filed with the County Clerk, and shall become perpetual deed restrictions running with the subject lots. No building permit shall be issued for zero-lot-line development until the deed restrictions required by this Section have been filed with and recorded by the County Clerk.
I.
Special Setbacks. If the Approving Authority finds it necessary to meet the perimeter design standards of Paragraph 12.12.020(F)(9), it may require a special setback from all or a portion of the perimeter of the PUD.
6.
Open Space.
a.
Open space must be provided to an extent at least equal to that which would be provided in standard development in conformance with the underlying zone (i.e., the total land area less that area permitted to be covered, as prescribed in the property development standards of each zone under "Coverage").
b.
Open space shall be provided and dedicated to the City when a need is identified in the Comprehensive Parks Master Plan. All open space to be dedicated to the City shall be deemed suitable, conveniently situated, and shall conform as nearly as possible to the recommendations in the Comprehensive Parks Master Plan prior to being accepted by the City.
i.
Except as hereinafter provided, in PUDs; such open space shall have a total net area equal to at least 10% of the land affected by the PUD. Such areas so designated shall be protected from future development by either a deed restriction or a conservation easement.
A.
Open space areas shall abut a public street or have direct access to a public property through a right-of-way.
B.
The open space shall be accessible to all residents by sidewalks and/or pedestrian walkways.
C.
The developer shall submit a separate landscape plan for the proposed open space areas which clearly displays the type of signs, fencing, play apparatus, trails, and outdoor furniture;
c.
Where a proposed park or playground, school or other public use shown on the Parks Master Plan, or an existing school site is located in whole or in part in a subdivision, then in such case the open space shall be located within the designated area or immediately adjacent to the existing public use. Locations, shapes, sizes, and other characteristics of open spaces shall be consistent with their proposed uses and the purposes of the PUD. Unless the Approving Authority requires otherwise, the environmental design standards of Paragraph 12.12.020(F)(7) of this Code, common or public open space shall be distributed equitably throughout the PUD in relation to the dwelling units of the residents they are intended to serve.
d.
Open spaces shall be altered only to the extent necessary for their intended use or as otherwise reasonably necessary to permit development, use and maintenance of the PUD. Open spaces containing significant landscape features shall be left unimproved, or may be improved to assure protection of the features, subject to the requirements imposed by the Approving Authority pursuant to Paragraph 12.12.020(F)(6) of this Code.
e.
The development schedule required by Subparagraph 12.12.020(D)(2)(a)(iii) of this Code shall provide for coordination of the improvement of open spaces with the construction of other proposed site improvements.
7.
Environmental Design.
a.
The preliminary development plan shall provide, to the greatest extent possible, for the preservation of significant landscape features, historic sites and landmarks, and for the integration of the proposed development with the environmental characteristics of the site and adjacent areas. The Approving Authority may require that significant landscape features and historical sites be preserved as part of the common or public open space of the project.
b.
Excessive site clearing of topsoil, trees, and natural features before the commencement of construction operations shall be discouraged. The Approving Authority may require the applicant to submit a grading plan detailing proposed excavation, earth-moving procedures, and other changes to the landscape, in order to ensure preservation of the character of the area to be retained in open space.
c.
Sites for residential and nonresidential buildings shall be discouraged in areas of natural hazards, such areas subject to flooding, landslides, and areas with unstable soil formations. The Approving Authority may require that all floodplains be preserved as permanent common or public open space of the proposed development and be left unimproved or improved to assure minimization of the hazard.
d.
All slopes shall be planted or otherwise protected from the effects of storm runoff erosion, and shall be of a character to cause the slope to blend with the surrounding terrain and development. The applicant shall provide for maintenance of the planting for a period of time established by the Approving Authority.
e.
Preliminary development plans are encouraged to promote the conservation of energy and use of solar or other renewable energy resources through such factors as the location and extent of site improvements, the orientation and exposure of buildings and usable open spaces, the types of buildings, and the selection of building materials.
8.
Traffic Circulation. The location and number of points of access to the site, the interior circulation pattern of streets and pedestrian ways, the separations between pedestrians and moving and parked vehicles, and the arrangement of parking areas in relation to buildings and uses shall be designed to maximize safety and convenience and be compatible with neighboring road systems, buildings, and uses. Design of facilities shall be appropriate to the anticipated usage and shall be approved by the Public Works Director.
9.
Perimeter Design.
a.
The preliminary development plan shall minimize adverse impacts of proposed uses and structures in the PUD on existing and anticipated uses and structures in the adjacent area.
b.
If topographical or other barriers do not provide reasonable privacy and the mitigation of potential adverse impacts on existing uses adjacent to the development, the Approving Authority shall require one or more of the following:
G.
Development phasing.
1.
The applicant may provide in the preliminary development plan for development of the project in up to three phases.
2.
In acting to approve the preliminary development plan, the Approving Authority may require that development be completed in up to three specific phases, if it finds that existing public facilities would not otherwise be adequate to serve the entire development.
3.
If the preliminary development plan provides for phased development, each phase shall provide a suitable share of the development facilities and amenities, as approved by the Approving Authority.
4.
If the preliminary development plan provides for phased development, the Approving Authority shall establish time limitations for the approval of final development plans for each phase, except that the final development plans for the first phase must be approved within 12 months of the date of preliminary approval.
H.
Duration of PUD preliminary development plan approval.
1.
Approval of the preliminary development plan shall be valid for 12 months from the date of approval, provided that if an approved preliminary development plan provides for phased development, the approval shall be valid for the time specified for each phase, subject to the time limitations of Paragraph 12.12.010(G)(4) of this Code.
2.
If any time limit for obtaining final development plan approval is exceeded, the approved preliminary development plan, or phase of the preliminary development plan and any subsequent phase, shall be void. Any subsequent proposal by the applicant for planned development of the subject property shall be deemed a new administrative action.
I.
Extensions of PUD preliminary development plan approval.
1.
An applicant may request an extension of preliminary development plan approval, or, if the preliminary development plan provides for phased development, an extension of preliminary development plan approval with respect to the phase the applicant is then developing.
2.
Such request shall be considered an application for administrative action, and shall be submitted to the Director in writing, stating the reasons why an extension should be granted.
3.
The Director may grant an extension of up to 12 months of preliminary development plan approval, or, if the preliminary development plan provides for phased development, an extension of up to 12 months of a preliminary development plan approval with respect to the phase then being developed, if he determines that a change of conditions, for which the applicant was not responsible, would prevent the applicant from obtaining final development plan approval within the original time limitation.
J.
Improvement procedures. The design and installation of improvements to be dedicated to the public shall conform to the standards of Subsection 12.10.010(P).
K.
PUD final development plan approval. Approval of a PUD final development plan by the Director shall be considered a ministerial act.
1.
Within 12 months of the date of approval of the preliminary development plan, unless otherwise specified pursuant to Subsections 12.12.020(G) and 12.12.020(I) of this Code, the applicant shall submit a final development plan, prepared by an Oregon registered professional engineer, and supporting documents to the Director.
2.
The final development plan shall include:
a.
The site plan and maps submitted pursuant to Paragraph 12.12.020(D)(2) in their final, detailed form.
b.
The documents submitted pursuant to Subparagraph 12.12.020(D)(2)(a) of this Code amended to incorporate any conditions imposed on the preliminary development plan approval.
c.
Final subdivision plat or partition map, if the land is to be divided.
e.
Certification by the Public Works Director that public improvements have been installed in conformance with applicable standards.
3.
Acceptance of Improvements.
a.
Before approval of the final development plan, the applicant shall install the essential improvements required by the preliminary plan approval and repair existing streets and other public facilities damaged in the development of the PUD. The applicant may enter into an agreement with the property owners association, if one is incorporated, to construct nonessential improvements after approval of the final development.
b.
Such agreement shall specify a period not to exceed five years within which the required improvements will be completed. Such agreement is subject to the approval of the Approving Authority, and shall be accompanied by an assurance as specified in Paragraph 12.12.020(K)(4).
c.
An applicant may request an extension of time for completion of required improvements. Such request will be considered an application for administrative action. Such extension shall be approved only if changed conditions for which the applicant is not responsible have made it impossible for them to fulfill the agreement within the original time limit(s).
4.
Performance Bond for Nonessential Improvements.
b.
Such assurance of full and faithful performance shall be for a sum determined by the Public Works Director to be sufficient to cover the cost of the improvements and repairs that may be required prior to approval of the final plan, including related engineering, and may include an additional percentage as determined by the Public Works Director to cover any inflationary costs which may be incurred during the construction period to the full and final completion of the project.
5.
The Director shall act on the application for final development plan approval within 30 days, and shall approve the final development plan if he finds:
a.
The applicant has submitted all information and documents required pursuant to the above Subparagraphs 12.12.020(K) (2-4); and
b.
The final development plan is in substantial compliance with the approved preliminary development plan and any conditions imposed by the Approving Authority. Substantial compliance means that any differences between the final and preliminary plans are "minor amendments," as defined in Paragraph 12.12.020(L)(1) of this Code.
6.
Filing and Recording of Final Development Plan. After final development plan approval, the applicant shall submit without delay the final development plan for signatures of the following officials, in the order listed:
7.
The approved final development plan shall be recorded in the County Clerk's Office within 30 days of the date of approval.
L.
Amendments to approved preliminary and final plans.
1. "Minor amendment"i. ii. iii. iv. v. vi. "Major amendment"
Definitions
means a change that:
Does not increase residential densities;
Does not enlarge the boundaries of the approved plan;
Does not change any use;
Does not change the general location or amount of land devoted to a specific land use, including open space;
Does not eliminate the preservation of a significant landscape feature; and
Includes only minor shifting of the location of buildings, proposed public or private streets, pedestrian ways, utility easements, or common or public open spaces.
is any change which does not meet the definition of a "minor amendment."
2.
A minor amendment to an approved preliminary or final development plan may be approved ministerially by the Director.
(Ord. 3561, § 10, 6-28-2021)