Sections:

Sections:

Subdivision regulations are intended to promote the public health, safety and general welfare; lessen traffic congestion; provide adequate light and air; prevent overcrowding of land; and facilitate adequate water supply, sewage and drainage.

(Ord. No. 2011-011, § 1, 10-4-2011)

A.

Approval of a subdivision occurs through a two-step process: the preliminary plat and the final plat.

1.

The preliminary plat shall be approved by the Approval Authority before the final plat can be submitted for approval consideration; and

2.

The final plat shall reflect all conditions of approval of the preliminary plat.

B.

All subdivision proposals shall conform to all state regulations set forth in ORS Chapter 92, Subdivisions and Partitions.

C.

Future re-division

When subdividing tracts into large lots, the Approval Authority shall require that the lots be of such size and shape as to facilitate future re-division in accordance with the requirements of the zoning district and this Division.

D.

Future Partitioning

When subdividing tracts into large lots which may be resubdivided, the City shall require that the lots be of a size and shape, and apply additional building site restrictions, to allow for the subsequent division of any parcel into lots of smaller size and the creation and extension of future streets.

E.

Lot averaging

Lot size may be averaged to allow lots less than the minimum lot size allowed in the underlying zoning district subject to the following regulations:

1.

The average lot area for all lots is not less than allowed by the underlying zoning district.

2.

No lot created under this provision shall be less than 90 % of the minimum lot size allowed in the underlying zoning district.

3.

The maximum lot size cannot be greater than 10 % of the minimum lot size.

F.

Required Setbacks

All required building setback lines as established by this Code, shall be shown in the preliminary subdivision plat.

G.

Property Sales

No property shall be disposed of, transferred, or sold until required subdivision approvals are obtained, pursuant to this Code.

(Ord. No. 2011-011, § 1, 10-4-2011)

A.

Approval Authority

1.

The approving authority for preliminary and final plats of subdivisions shall be in accordance with Section 16.72.010 of this Code.

a.

A subdivision application for 4-10 lots will follow a Type II review process.

b.

A subdivision application for 11-50 lots will follow a Type III review process.

c.

A subdivision application for over 50 lots will follow a Type IV review process.

2.

Approval of subdivisions is required in accordance with this Code before a plat for any such subdivision may be filed or recorded with County. Appeals to a decision may be filed pursuant to Chapter 16.76.

B.

Phased Development

1.

The Approval Authority may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period for any phase be greater than two years without reapplying for a preliminary plat.

2.

The criteria for approving a phased subdivision review proposal are:

a.

The public facilities shall be scheduled to be constructed in conjunction with or prior to each phase to ensure provision of public facilities prior to building occupancy;

b.

The development and occupancy of any phase shall not be dependent on the use of temporary public facilities:

(1)

For purposes of this subsection, a temporary public facility is an interim facility not constructed to the applicable City or district standard; and

(2)

The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as a part of the approval of the preliminary plat.

3.

The application for phased development approval shall be reviewed concurrently with the preliminary plat application and the decision may be appealed in the same manner as the preliminary plat.

(Ord. No. 2011-011, § 1, 10-4-2011)

No preliminary plat shall be approved unless:

A.

Streets and roads conform to plats approved for adjoining properties as to widths, alignments, grades, and other standards, unless the City determines that the public interest is served by modifying streets or road patterns.

B.

Streets and roads held for private use are clearly indicated on the plat and all reservations or restrictions relating to such private roads and streets are set forth thereon.

C.

The plat complies with applicable zoning district standards and design standards in Division II, and all provisions of Divisions IV, VI, VIII and IX. The subdivision complies with Chapter 16.128 (Land Division Design Standards).

D.

Adequate water, sanitary sewer, and other public facilities exist to support the use of land proposed in the plat.

E.

Development of additional, contiguous property under the same ownership can be accomplished in accordance with this Code.

F.

Adjoining land can either be developed independently or is provided access that will allow development in accordance with this Code.

G.

Tree and woodland inventories have been submitted and approved as per Section 16.142.060.

H.

The plat clearly shows the proposed lot numbers, setbacks, dedications and easements.

I.

A minimum of five percent (5%) open space has been provided per Section 16.140.030 (Parks, Open Spaces and Trees-Single-Family Residential Subdivisions), if applicable.

J.

Privately maintained trails for public use shall conform to the public trails standards in the Transportation System Plan (TSP).

(Ord. No. 2023-002, § 2, 3-7-2023; Ord. No. 2021-010, § 2, 12-7-2021; Ord. No. 2015-003, § 2, 3-17-2015; Ord. No. 2011-011, § 1, 10-4-2011)

A.

Procedure

1.

Unless otherwise noted below, final subdivision approval includes meeting all conditions from the land use approval, review and approval by County, and the signature of the City's designee on the mylar.

2.

The subdivider shall submit the final plat, and all supplementary information required by the Planning Department or pursuant to this Code.

3.

Upon approval of the final plat drawing, the applicant may submit the mylar for final signature.

4.

All requirements for signature of the mylar shall be completed within two (2) years of approval of the final plat.

B.

Extensions

If the final plat is not approved within two (2) years, the preliminary plat approval shall expire and a new plat must be submitted. However, the City may, upon written request by the applicant, grant a single extension up to one (1) year upon a written finding that the facts upon which approval was based have not changed to an extent sufficient to warrant refiling of the preliminary plat and that no other development approval would be affected. For preliminary plat approvals granted between January 1, 2007 and December 31, 2009, the approval shall be extended until December 31, 2013.

C.

Approval Criteria: Final Plat

By means of a Type I procedure, the City shall review the final plat based on findings regarding compliance with the following criteria:

1.

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

2.

All public improvements required by the preliminary plat have been installed and approved by the City Engineer or appropriate service provider (e.g., road authority). Alternatively, the developer has provided a performance guarantee in accordance with Section 16.120.070.

3.

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

4.

The plat and deed contain a dedication to the public of all public improvements, including but not limited to streets, public pathways and trails, access reserve strips, parks, sewage disposal, storm drainage and water supply systems;

5.

The applicant has provided copies of all recorded homeowners association Covenants, Conditions and Restrictions (CC&R's); deed restrictions; private easements and agreements (e.g., for access, common areas, parking, etc.); and other recorded documents pertaining to common improvements recorded and referenced on the plat;

6.

The plat complies with the applicable Sections of this code (i.e., there have been no changes in land use or development resulting in a code violation since preliminary plat approval);

7.

Certification by the City or service district, as applicable, that water and sanitary sewer service is available to every lot depicted on the plat; or bond, contract or other assurance has been provided by the subdivider/partitioner to the City that such services will be installed in accordance Division VI of this Code, and the bond requirements of 16.120.070. The amount of the bond, contract or other assurance by the subdivider/partitioner shall be determined by a registered professional engineer, subject to review and approval by the City;

8.

The plat contains an affidavit by the surveyor who surveyed the land, represented on the plat to the effect the land was correctly surveyed and marked with proper monuments as provided by ORS Chapter 92, indicating the initial point of the survey, and giving the dimensions and kind of such monument and its reference to some corner established by the U.S. Geological Survey, or giving two or more permanent objects for identifying its location.

(Ord. No. 2011-011, § 1, 10-4-2011)

A.

Subdivision Agreement

The subdivider shall either install required improvements and repair existing streets and other public facilities damaged in the development of the subdivision pursuant to the Division VI, or execute and file with the City an agreement specifying the period within which all required improvements and repairs shall be completed, and providing that if such work is not completed within the period specified, the City may complete the same and recover the full cost and expense thereof from the subdivider. Such agreement may also provide for the construction of the improvements in stages.

B.

Performance Security

The subdivider is required to provide monetary assurance of full and faithful performance in the form of a bond, cash, or other security acceptable to the City in an amount equal to one hundred twenty-five percent (125%) of the estimated cost of the improvements.

(Ord. No. 2015-003, § 2, 3-17-2015; Ord. No. 2011-011, § 1, 10-4-2011)

A.

Performance guarantee required. As required by Section 16.120.060, the subdivider shall file with the agreement an assurance of performance supported by one of the following:

1.

A surety bond executed by a surety company authorized to transact business in the state of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated or cash.

2.

Determination of sum. The assurance of performance shall be for a sum determined by the City Engineer as required to cover the cost of the improvements and repairs, including related engineering and incidental expenses.

3.

Itemized improvement estimate. The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance.

4.

When subdivider fails to perform. In the event the subdivider fails to carry out all provisions of the agreement and the City has un-reimbursed costs or expenses resulting from such failure, the City shall call on the bond, cash deposit for reimbursement.

5.

Termination of performance guarantee. The subdivider shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City.

(Ord. No. 2011-011, § 1, 10-4-2011)

A.

County Review

When the City determines that the plat conforms to all requirements, the plat shall be authorized for review by the County.

B.

Recording the Plat

After approval, the City shall authorize the transmittal of the final map, tracing, and other data to the County, to determine that there has been compliance with all provisions of State and local statutes. Approval of the final plat shall be null and void if the plat is not recorded within sixty (60) days after the date of the last required approving signatures have been obtained.

C.

Effective Date

Subdivision approval shall become final upon the recording with the County of the approved subdivision plat or partition map together with any required documents. Development permits may be issued only after final approval, except for activities at the preliminary plat phase, specifically authorized by this Code.

(Ord. No. 2011-011, § 1, 10-4-2011)

A.

Definition

A condominium is a building, or group of buildings, in which units are individually owned, and the shared structures, common areas and facilities are owned by all of the unit owners on a proportional, undivided basis.

B.

Procedure

A proposal for new construction of a condominium or conversion of existing units into condominiums is reviewed through the procedure applicable to the housing type (e.g., multi-family development or middle housing). All condominium proposals must meet the appropriate requirements of ORS Chapter 100 (Condominiums).

C.

Public Improvements

1.

An applicant must demonstrate adequate water, sanitary sewer and other public facilities exist to support the proposed condominium development. For the purposes of this section:

a.

Adequate water service shall mean: Ability to connect to the City water supply system and the City water supply system has the capacity to provide service in compliance with City standards.

b.

Adequate sanitary sewer service shall mean: Ability to connect to the City sanitary sewer system and the City sanitary sewer system has the capacity to provide service in compliance with City standards, if City sanitary sewer lines are located within three-hundred (300) feet of any point of the lot lines of the lot proposed for condominiums.

c.

Installation of private on-site septic sewage disposal facilities shall be deemed adequate when the lot proposed for condominiums is 15,000 square feet or more if the private on-site septic system is permitted by Washington County Health and City sewer lines are not located within three-hundred (300) feet of any point of the lot lines of the lot proposed for condominiums.

d.

The adequacy of other public facilities such as storm water and streets shall be determined by the City Manager or his/her designee based on applicable City policies, plans and standards for said facilities.

2.

An applicant must demonstrate that all public improvements required for the condominium development have been installed and approved by the City Engineer or appropriate service provider (e.g., road authority). Alternatively, the developer has provided a performance guarantee in accordance with § 16.120.070.

(Ord. No. 2022-004, § 2, 6-13-2022)

A.

Approval Required

A tract of land or contiguous tracts under a single ownership shall not be partitioned into two (2) or more parcels until a partition application has been approved by the City Manager or his/her designee.

B.

City Action

The City Manager or his/her designee shall review the partition applications submitted in accordance with Section 16.70 and shall approve, approve with conditions or deny the application.

(Ord. No. 2011-011, § 1, 10-4-2011)

Partitions shall not be approved unless:

A.

The partition complies with applicable zoning district standards and design standards in Division II, and all provisions of Divisions IV, VI, VIII and IX, and complies with Chapter 16.128 (Land Division Design Standards).

B.

The partition dedicates to the public all required common improvements and areas including but not limited to streets, parks, floodplains, and sanitary sewer, storm water, and water supply systems.

C.

The applicant must demonstrate adequate water, sanitary sewer and other public facilities exist to support the proposed use of the partitioned land. For the purposes of this section:

1.

Adequate water service shall mean: the ability to connect to the City water supply system and the City water supply system has the capacity to provide service in compliance with City standards.

2.

Adequate sanitary sewer service shall mean: the ability to connect to the City sanitary sewer system and the City sanitary sewer system has the capacity to provide service in compliance with City standards if City sanitary sewer lines are located within three hundred (300) feet of any point of the lot lines of the partition.

3.

Installation of private on-site septic sewage disposal facilities shall be deemed adequate when the lots proposed are 15,000 square feet or more if the private on-site septic system is permitted by Washington County Health and City sewer lines are not within three hundred (300) feet.

4.

The adequacy of other public facilities such as storm water and streets shall be determined by the City Manager or his/her designee based on applicable City policies, plans and standards for said facilities.

D.

Adjoining land can be developed, or is provided access that will allow future development, in accordance with this Code.

E.

Future Development Ability

In addition to the findings required by Section 16.122.010, the City Manager or his/her designee must find, for any partition creating lots averaging one (1) acre or more, that the lots may be re-partitioned or resubdivided in the future in full compliance with the standards of this Code. The City Manager or his/her designee may require the applicant to submit partition drawings or other data confirming that the property can be resubdivided. If re-partitioning or resubdividing in full compliance with this Code is determined not to be feasible, the City Manager or his/her designee shall either deny the proposed partition, require its redesign, or make a finding and condition of approval that no further partitioning or subdivision may occur, said condition to be recorded against the property.

(Ord. No. 2023-002, § 2, 3-7-2023; Ord. No. 2011-011, § 1, 10-4-2011)

By means of a Type I procedure, the City shall review the final plat based on findings regarding compliance with the following criteria:

A.

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

B.

All public improvements required by the preliminary plat have been installed and approved by the City Engineer or appropriate service provider (e.g., road authority). Alternatively, the developer has provided a performance guarantee in accordance with § 16.120.070.

C.

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

D.

The plat and deed contain a dedication to the public of all public improvements, including but not limited to streets, public pathways and trails, access reserve strips, parks, sewage disposal storm drainage and water supply systems;

E.

The applicant has provided copies of all recorded homeowners association Covenants, Conditions and Restrictions (CC&R's); deed restrictions; private easements and agreements (e.g., for access, common areas, parking, etc.); and other recorded documents pertaining to common improvements recorded and referenced on the plat;

F.

The plat complies with the applicable Sections of this code (i.e., there have been no changes in land use or development resulting in a code violation since preliminary plat approval);

G.

The plat contains an affidavit by the surveyor who surveyed the land, represented on the plat to the effect the land was correctly surveyed and marked with proper monuments as provided by ORS Chapter 92, indicating the initial point of the survey, and giving the dimensions and kind of such monument and its reference to some corner established by the U.S. Geological Survey, or giving two or more permanent objects for identifying its location.

(Ord. No. 2011-011, § 1, 10-4-2011)

If a partition exceeds two (2) acres and within one (1) year is re-partitioned into more than two (2) parcels, and any single parcel is less than one (1) acre in size, full compliance with the subdivision regulations of this Code may be required.

(Ord. No. 2011-011, § 1, 10-4-2011)

A.

Generally

Within twelve (12) months after City approval of a land partition, a partition plat shall be submitted to the County in accordance with its final partition plat and recording requirements.

B.

Time Limit

The applicant shall submit the copy of the recorded partition to the City within 30 days of recording, and shall be completed prior to the issuance of any building permits on the re-configured lots.

C.

Extension

After expiration of the twelve (12) months period following partition approval, the partition must be resubmitted for new approval. The City Manager or his/her designee may, upon written request by the applicant, grant an extension up to twelve (12) months upon a written finding that the facts have not changed to an extent sufficient to warrant re-filing of the partition and that no other development approval would be affected. For partitions granted between January 1, 2007 and December 31, 2009, the approval shall be extended until December 31, 2013.

(Ord. No. 2011-011, § 1, 10-4-2011)

A.

The City Manager or his or her designee may approve a property line adjustment by means of a Type I procedure as governed by Chapter 16.72, using approval criteria contained in this Chapter.

B.

Time Limit on Approval

The property line adjustment decision shall be effective for one year from the date of approval.

C.

Extension of Approval

If the adjustment is not recorded with the County within one year, the land use approval expires and must be resubmitted. The City Manager or his/her designee may, upon written request by the applicant, grant an extension up to one year upon a written finding that the facts have not changed to an extent sufficient to warrant re-filing of the property line adjustment and that no other development approval would be affected.,

(Ord. No. 2011-011, § 1, 10-4-2011)

A.

The City Manager or his/her designee shall approve or deny a request for a property line adjustment in writing based on findings that the following criteria are satisfied:

1.

No new lots are created

2.

The adjusted lots comply with the applicable zone requirements.

3.

The adjusted lots continue to comply with other regulatory agency or department requirements.

B.

If the property line adjustment is processed with another development application, all applicable standards of the Code shall apply.

(Ord. No. 2011-011, § 1, 10-4-2011)

A.

Recording Requirements If a property line adjustment is approved by the City, it does not become final until reviewed and approved by County in accordance with its property line adjustment recording requirements.

B.

Time Limit The applicant shall submit the copy of the recorded property line adjustment survey map to the City within 30 days of recording and shall be completed prior to the issuance of any building permits on the re-configured lots.

(Ord. No. 2011-011, § 1, 10-4-2011)

A.

Any plat or portion thereof may be re-platted, consolidated or vacated upon receiving an application signed by all of the owners as appearing on the deed.

B.

All applications for a plat shall be made in accordance with the subdivision or the partition provisions within this Division and processed under the Type I procedure.

(Ord. No. 2011-011, § 1, 10-4-2011)

The application may be denied if it abridges or destroys any public right in any of its public uses, improvements, streets or alleys.

(Ord. No. 2011-011, § 1, 10-4-2011)

All approved plat vacations shall be recorded in accordance with Section 16.122.010:

A.

Once recorded, the vacation shall operate to eliminate the force and effect of the plat prior to vacation; and

B.

The vacation shall also divest all public rights in the streets, alleys and public grounds, and all dedications laid out or described on the plat.

(Ord. No. 2011-011, § 1, 10-4-2011)

When lots have been sold, the plat may be vacated in the manner herein provided by all of the owners of lots within the platted area.

(Ord. No. 2011-011, § 1, 10-4-2011)

Upon approval of a Type I lot consolidation by the City Manager or designee, and upon demonstrating compliance with approval conditions:

A.

For the consolidation of lots or parcels of a recorded plat, the lot consolidation shall be finalized by a re-plat of the subdivision or partition.

B.

The County may consolidate parcels or tracts of land that are not within a recorded plat.

(Ord. No. 2011-011, § 1, 10-4-2011)

A.

Connectivity

1.

Block Size

The length, width, and shape of blocks shall be designed to provide adequate building sites for the uses proposed, and for convenient access, circulation, traffic control and safety.

2.

Block Length

Block length standards shall be in accordance with Section 16.108.040. Generally, blocks shall not exceed five-hundred thirty (530) feet in length, except blocks adjacent to principal arterial, which shall not exceed one thousand eight hundred (1,800) feet. The extension of streets and the formation of blocks shall conform to the Local Street Network map contained in the Transportation System Plan.

3.

Pedestrian and Bicycle Connectivity. Paved bike and pedestrian accessways shall be provided on public easements or right-of-way consistent with Figure 7.401.

Figure 7.401 — Block Connectivity

B.

Utilities Easements for sewers, drainage, water mains, electric lines, or other utilities shall be dedicated or provided for by deed. Easements shall be a minimum of ten (10) feet in width and centered on rear or side lot lines; except for tie-back easements, which shall be six (6) feet wide by twenty (20) feet long on side lot lines at the change of direction.

C.

Drainages

Where a subdivision is traversed by a watercourse, drainage way, channel or street, drainage easements or rights-of-way shall be provided conforming substantially to the alignment and size of the drainage.

(Ord. No. 2011-011, § 1, 10-4-2011)

Pedestrian or bicycle ways may be required to connect cul-de-sacs, divide through an unusually long or oddly shaped block, or to otherwise provide adequate circulation.

(Ord. No. 2011-011, § 1, 10-4-2011)

A.

Size and Shape

Lot size, width, shape, and orientation shall be appropriate for the location and topography of the subdivision or partition, and shall comply with applicable zoning district requirements, with the following exception:

1.

Lots in areas not served by public sewer or water supply shall conform to any special County Health Department standards.

B.

Access

All lots in a subdivision shall abut a public street, except as allowed for infill development under Chapter 16.68 or for cottage clusters as described below.

1.

Cottage cluster lots shall abut a public street, private street, alley, shared open space, or a shared pathway.

C.

Double Frontage

Double frontage and reversed frontage lots are prohibited except where essential to provide separation of residential development from railroads, traffic arteries, adjacent nonresidential uses, or to overcome specific topographical or orientation problems. A five (5) foot wide or greater easement for planting and screening may be required.

D.

Side Lot Lines Side lot lines shall, as far as practicable, run at right angles to the street upon which the lots face, except that on curved streets side lot lines shall be radial to the curve of the street.

E.

Grading

Grading of building sites shall conform to the following standards, except when topography of physical conditions warrants special exceptions:

1.

Cut slopes shall not exceed one (1) and one-half (1 1/2) feet horizontally to one (1) foot vertically.

2.

Fill slopes shall not exceed two (2) feet horizontally to one (1) foot vertically.

(Ord. No. 2022-004, § 2, 6-13-2022; Ord. No. 2011-011, § 1, 10-4-2011)