(1)

The purpose of this chapter is to protect the public health, safety and general welfare while allowing for efficient development of property and to implement the requirements of the Tualatin Development Code, City Ordinances, state law, and other applicable regulations.

(2)

The provisions in this Chapter will be administered to ensure orderly growth and development, and implement and facilitate the provisions in the Tualatin Comprehensive Plan, Tualatin Community Map and capital improvement plans.

(Ord. No. 1450-20 meeting, § 3, 12-14-20)

An expedited land division, as defined by ORS 197.360(1), provides an alternative to the standard review procedures for land divisions in TDC Chapter 36. When an applicant requests an expedited land division, the application will be processed as provided in ORS 197.360 through ORS 197.380, in lieu of the procedures in TDC Chapter 36.

(1)

A person seeking a Variance or Minor Variance to the provisions of this Chapter must submit an application under TDC 33.120 (Variances and Minor Variances) and comply with its terms.

(2)

Notwithstanding TDC 33.120, Variances or Minor Variances for subdivisions and partitions will be processed as part of the Property Line Adjustment decision, Tentative Partition Plan decision, Tentative Subdivision decision, Tentative Phased Subdivision decision, Tentative Manufactured Dwelling Park, Tentative Subdivision Plan decision, or Tentative Replat decision, as applicable.

(1)

Applications subject to this Chapter must follow the procedures specified in TDC Chapter 32; however, in case of conflict the procedures specified in TDC Chapter 36 prevail.

(2)

Additional Submittal Requirements. In addition to the application materials required by TDC 32.140 (Application Submittal), the following application materials are also required to subdivide, partition, or replat land:

(a)

Subdivision or partition plan map;

(b)

Proposed plat name, approved by the County Surveyor;

(c)

The names, addresses, and contact information of the design engineer and surveyor;

(d)

The date the plan was prepared;

(e)

North arrow;

(f)

Scale of drawing;

(g)

Location of the subdivision or partition by 1-4 Section, Township and Range;

(h)

Preliminary utility plans for existing and proposed water, sanitary sewer and storm drainage, including the size and grade;

(i)

A street plan showing all existing streets, proposed streets (public and private), and accessways on the subject property and extending 1,000 feet in all directions from the site, including location, centerline, right-of-way and pavement width, approximate radius of curves and approximate grades of proposed streets;

(j)

An outline plan demonstrating that the adjacent property can be divided in the future in a manner that is consistent with the subdivision plan, and illustrating the connections to transit routes, pedestrian and bike facilities, and accessways to adjacent properties;

(k)

Easements, including location, width and purpose of all recorded and proposed easements in or abutting the site;

(l)

Flood areas, including the location of any flood plain, drainage hazard areas and other areas subject to flooding or ponding;

(m)

Natural resources, including the location of natural features, such as rock outcroppings, wetlands, water courses, creeks, wooded areas and trees having a trunk diameter of eight inches or greater, as measured at a point four feet above ground level, proposed to be removed and to be retained on site;

(n)

Approximate lot dimensions, including all existing property lines and their lengths and the approximate location and dimensions of all proposed lots;

(o)

Approximate area of each lot;

(p)

Proposed lot numbers;

(q)

Existing structures, including the location and present use of all structures, wells and septic tanks on the site and an indication of which structures, wells and septic tanks are to remain after platting; indicate all City-designated historic landmarks;

(r)

All lots intended to be dedicated or reserved for public use;

(s)

A vicinity map showing a minimum one-mile radius;

(t)

Contour lines with intervals at a minimum of two feet for slopes up to five percent and five feet for slopes over five percent;

(u)

For subdivisions and phased subdivisions, a completed trip generation estimate on forms provided by the City and a Traffic Impact Analysis;

(v)

If a variance or minor variance is requested to the dimensional standards of the lots, or the minimum lot size, adequate information to show compliance with the approval criteria in TDC 33.120(5) for a minor variance or TDC 33.120(6) for a variance;

(w)

A "Service Provider Letter" from Clean Water Services;

(x)

If a railroad-highway grade crossing provides or will provide the only access to the subject property, the applicant must indicate that fact in the application, and the City must notify the ODOT Rail Division and the railroad company that the application has been received;

(y)

A completed City fact sheet;

(z)

A title report for the property(ies) subject to the application;

(aa)

Other supplementary material as may be required, such as deed restrictions, a statement of ownership, use, covenants, conditions, limitations, and responsibility for maintenance; and

(bb)

Other information required by the City Manager.

(Ord. No. 1451-25 meeting, § 7, 8-11-25)

(1)

Applicability. Property line adjustment approval is required before a property line can be relocated or eliminated. A property line adjustment is required to relocate or eliminate all or a portion of a common property line between two abutting units of land that were lawfully established, as defined by ORS 92.010(3)(a). Property line adjustments cannot be used to create an additional unit of land, or to create units of land that are nonconforming.

(2)

Procedure Type. A property line adjustment is processed as a Type I procedure under TDC 32.210.

(3)

Submittal Requirements. In addition to the application materials required by TDC 32.140 (Application Submittal), the following application materials are also required:

(a)

A copy of recorded deeds for the existing units of land;

(b)

A site plan, drawn to scale, indicating:

(i)

The dimensions and areas of the units of land before and after the proposed property line adjustment; and

(ii)

Setbacks, building separations, lot coverage, vehicular access, and public and private utilities.

(c)

A copy of the proposed property line adjustment deed containing:

(i)

The names of the owners;

(ii)

Legal description of the adjusted lines;

(iii)

References to original recorded deeds; and

(iv)

Place for the signatures of all parties, along with proper acknowledgment.

(4)

Approval Criteria. A property line adjustment must be approved if all of the following criteria are met:

(a)

The property line adjustment will not create an additional unit of land;

(b)

The property line adjustment will not create nonconforming units of land or nonconforming development, or increase the degree of nonconformity in existing units of land or existing development;

(c)

The property line adjustment involves only units of land that were lawfully established, where the instruments creating the units of land have been properly recorded;

(d)

The property line adjustment is not prohibited by any existing City land use approval, or previous condition of approval, affecting one or both of the units of land;

(e)

The property line adjustment does not involve the relocation or elimination of any public easement or right-of-way; and

(f)

The property line adjustment does not adversely impact the availability or access to public and private utilities or streets.

(5)

Multiple Property Line Adjustments. If more than three property line adjustment applications affecting the same unit of land are proposed within a six month period, the property line adjustments must be processed as follows:

(a)

When the units of land are within a recorded plat, the property line adjustments affecting the units of land must be by replat; and

(b)

When the units of land are not within a recorded plat, the property line adjustments affecting the units of land must be by partition.

(6)

Monumentation. Property line adjustments must be surveyed and monumented as required by state law.

(7)

Expiration; Recording.

(a)

Property line adjustment approval expires two years from the effective date, unless a property line adjustment deed is recorded in the deed records of the appropriate county.

(b)

Multiple property line adjustments processed according to subsection (5) expire as provided in the expiration period specified for replats, partitions, or subdivisions as applicable.

(c)

Evidence demonstrating that the property line adjustment deed has been recorded with the appropriate county must be provided to the City Manager after recording.

(Ord. No. 1463-21 meeting, § 7, 12-13-21)

(1)

Applicability. Tentative Partition Plan approval is required before land can be divided into three or fewer parcels within a calendar year. When the area of a proposed partition is such that it can be further divided resulting in four or more lots or parcels, the development standards applicable to subdivisions set forth in TDC 36.120 (Tentative Subdivision Plan) apply and any improvements resulting from the application of those standards to the proposed partition must be constructed.

(2)

Procedure Type. A Tentative Partition Plan is processed as a Type II procedure under TDC 32.220.

(3)

Submittal Requirements.

(a)

Prior to submitting an application for a Tentative Partition Plan, the applicant must comply with the pre-application conference requirements in TDC 32.110 (Pre-Application Conference) and Neighborhood/Developer Meeting requirements in TDC 32.120 (Neighborhood/Developer Meetings).

(b)

In addition to the submittal requirements for a Type II application under TDC 32.140 (Application Submittal), an application for a Tentative Partition Plan must include the information required in TDC 36.040(2)(Additional Submittal Requirements).

(4)

Approval Criteria. A Tentative Partition Plan must be approved if all of the following criteria are met:

(a)

The Tentative Partition Plan complies with the standards of this Chapter and with all applicable provisions of the TDC, including, but not limited to, the following:

(i)

Lot standards, including, but not limited to, standards for lot area, lot width and depth, lot frontage, and designation of front and rear lot lines;

(ii)

City infrastructure standards; and

(iii)

Any special development standards, including, but not limited to, floodplain development, special setbacks, geological or geotechnical analysis, and vision clearance.

(b)

The Tentative Partition Plan does not impede the future use or development of the property or adjacent land.

(c)

Development within the Tentative Partition Plan can be adequately served by City infrastructure.

(d)

The street system in and adjacent to the Tentative Partition Plan conforms to the requirements of TDC Chapter 74, TDC Chapter 75, and Tualatin Transportation System Plan.

(e)

The street system in and adjacent to the Tentative Partition Plan is designed so as to provide for the safe, orderly, and efficient circulation of traffic into, through, and out of the partition area.

(f)

The Tentative Partition Plan takes into account the topography and vegetation of the site so the need for variances is minimized to the greatest extent practicable.

(g)

The layout, size, and dimensions of the parcels within the Tentative Partition Plan take into account the topography and vegetation of the site, such that the least disruption of the site, topography, and vegetation will occur from the reasonable development of the parcels.

(5)

Effective Date. The effective date of a Tentative Partition Plan approval is the date the notice of decision is mailed.

(6)

Permit Expiration. Tentative Partition Plan approval expire in two years of the effective date, unless an application for final plat is submitted within two years of the effective date, or an extension is granted under TDC 36.210 (Extension of Approval Decision).

(Ord. No. 1463-21 meeting, § 8, 12-13-21)

Unless the applicant elects to use the discretionary criteria contained in TDC 36.110, for housing applications entitled to clear and objective review pursuant to state statute, the City Manager must approve, conditionally approve, or deny the partition application based on the following criteria:

(1)

The proposed land uses is consistent with the land use zone.

(2)

The proposed partition complies with all of the following, unless specifically exempt from compliance through a code provision applicable to a special area zone or overlay zone:

(a)

The applicable lot dimensions, setbacks, and density requirements for the subject zone and any applicable overlay zones;

(b)

The Residential Design Standards in TDC 73A.100 through 73A.130; or Cottage Cluster Design Standards in 73A.150;

(c)

The Landscape Standards in 73B.020, 73B.050, and 73B.060;

(d)

The Parking Standards in TDC 73C.010 through 73C.090;

(e)

The Installation of Improvement Requirements in TDC 74.160;

(f)

The Street Standards in TDC 74.030 and TDC 74.060 through 74.070;

(g)

The Greenway, Natural Area, Bike, and Pedestrian Path Requirements in TDC 72;

(h)

The Easement Requirements in TDC 74.080;

(i)

The Bikeway and Pedestrian Path Requirements in TDC 74.090;

(j)

The Mid-Block Accessway Requirements in TDC 74.100;

(k)

The Street Name and Sign Requirements in TDC 74.130 and 74.140;

(l)

The Utility Standards in TDC 74.110; TMC 3-02 (Sewer), TMC 3-03 (Water), and TMC 3-5-010 through 35—190 (Stormwater);

(m)

The Street Tree Standards in TDC 74.150;

(n)

The Access Management Standards in TDC Chapter 75;

(o)

The Floodplain Development Standards in TDC Chapter 70;

(p)

Any applicable Special Setback Standards;

(q)

Vision Clearance Area in TDC 75.020;

(r)

The Requirements in the Clean Water Services Service Provider Letter;

(s)

The Surface Water Management Standards in TMC 3-5-200 through 3-5-460;

(t)

For development in the Wetland Protection District, the requirements in TDC 71;

(u)

The Existing Structures and Appurtenances Provisions in TDC 36.340; and

(v)

The applicable Lot Dimensions in TDC 36.400.

(3)

The proposed partition will not cause any existing improvements on the proposed lots to be inconsistent with applicable standards in this land use code.

(4)

The proposed partition provides for the provision of pedestrian, bicycle and transit circulation among buildings located within the development site, as well as to adjacent and nearby residential areas, transit stops, neighborhood activity centers, office parks, and industrial parks. "Nearby" means uses within ¼ mile that can reasonably be expected to be used by pedestrians, and uses within two miles that can reasonably be expected to be used by bicyclists.

(5)

The partition complies with development standards explicitly addressed in the application.

(Ord. No. 1463-21 meeting, § 9, 12-13-21; Ord. No. 1486-24, § 5, 6-10-24; Ord. No. 1451-25 meeting, § 7, 8-11-25)

(1)

Applicability. Tentative Subdivision Plan approval is required before land is divided into four or more lots within a calendar year. For Phased Subdivisions, see TDC 36.130 (Phased Tentative Subdivision Plan). For Manufactured Dwelling Park Subdivisions, see TDC 36.140 (Manufactured Dwelling Park Tentative Subdivision Plan).

(2)

Procedure Type. A Tentative Subdivision Plan is processed as a Type II procedure under 32.220.

(3)

Submittal Requirements.

(a)

Prior to submitting an application for a Tentative Subdivision Plan, the applicant must comply with the pre-application conference requirements in TDC 32.110 (Pre-Application Conference) and Neighborhood/Developer Meeting requirements in TDC 32.120 (Neighborhood/Developer Meetings).

(b)

In addition to the submittal requirements for a Type II application under TDC 32.140 (Application Submittal), an application for subdivision tentative plan must include the information required in TDC 36.040(2) (Additional Submittal Requirements).

(4)

Approval Criteria. A Tentative Subdivision Plan must be approved if all of the following criteria are met:

(a)

The Tentative Subdivision Plan complies with the standards of this Chapter and with all applicable provisions of the TDC, including, but not limited to, the following:

(i)

Lot standards, including, but not limited to, standards for lot area, lot width and depth, lot frontage and designation of front and rear lot lines.

(ii)

City infrastructure standards; and

(iii)

Any special development standards, including, but not limited to, floodplain development, special setbacks, geological or geotechnical analysis, and vision clearance.

(b)

The Tentative Subdivision Plan does not impede the future use or development of the property or adjacent land.

(c)

Development within the Tentative Subdivision Plan can be adequately served by City infrastructure.

(d)

The street system in and adjacent to the Tentative Subdivision Plan conforms to the requirements of TDC Chapter 74, TDC Chapter 75, and the Tualatin Transportation System Plan.

(e)

The street system in and adjacent to the Tentative Subdivision Plan is designed so as to provide for the safe, orderly, and efficient circulation of traffic into, through, and out of the subdivision.

(f)

The Tentative Subdivision Plan provides safe and convenient bicycle and pedestrian access from within the subdivision to adjacent residential areas and transit stops, existing or planned schools, parks, shopping areas, transit stops, employment centers, and other neighborhood amenities.

(g)

The Tentative Subdivision Plan mitigates impacts to the transportation system consistent with the approved Traffic Impact Analysis, in TDC Chapters 74 and Chapter 75, and the Tualatin Transportation System Plan.

(h)

The Tentative Subdivision Plan takes into account the topography and vegetation of the site so the need for variances is minimized to the greatest extent practicable.

(i)

The Tentative Subdivision Plan takes into account the topography and vegetation of the site, such that the least disruption of the site, topography, and vegetation will result from the reasonable development of the lots.

(j)

All transportation improvements are designed to comply with the requirements in TDC Chapters 74 and 75, and the Tualatin Transportation System Plan.

(5)

Effective Date. The effective date of a Tentative Subdivision Plan approval is the date the notice of decision is mailed.

(6)

Permit Expiration. Tentative Subdivision Plan approval expires approval expires two years from the effective date, unless an application for final plat is submitted within two years of the effective date, or an extension is granted under TDC 36.210 (Extension of Approval Decision).

(Ord. No. 1463-21 meeting, § 10, 12-13-21)

Unless the applicant elects to use the discretionary criteria contained in TDC 36.120, for housing applications entitled to clear and objective review pursuant to state statute, the City Manager must approve, conditionally approve, or deny the subdivision application based on the following criteria:

(1)

The proposed land uses is consistent with the land use zone.

(2)

The proposed subdivision complies with all of the following, unless specifically exempt from compliance through a code provision applicable to a special area zone or overlay zone:

(a)

The applicable lot dimensions, setbacks, and density requirements for the subject zone and any applicable overlay zones;

(b)

The Residential Design Standards in TDC 73A.100 through 73A.130; or Cottage Cluster Design Standards in 73A.150;

(c)

The Landscape Standards in 73B.020, 73B.050, and 73B.060;

(d)

The Parking Standards in TDC 73C.010 through 73C.090;

(e)

The Installation of Improvement Requirements in TDC 74.160;

(f)

The Street Standards in TDC 74.030 and TDC 74.060 through 74.070;

(g)

The Greenway, Natural Area, Bike, and Pedestrian Path Requirements in TDC 72;

(h)

The Easement Requirements in TDC 74.080;

(i)

The Bikeway and Pedestrian Path Requirements in TDC 74.090;

(j)

The Mid-Block Accessway Requirements in TDC 74.100;

(k)

The Street Name and Sign Requirements in TDC 74.130 and 74.140;

(l)

The Utility Standards in TDC 74.110; TMC 3-02 (Sewer), TMC 3-03 (Water), and TMC 3-5-010 through 35—190 (Stormwater);

(m)

The Street Tree Standards in TDC 74.150;

(n)

The Access Management Standards in TDC Chapter 75;

(o)

The Floodplain Development Standards in TDC Chapter 70;

(p)

Any applicable Special Setback Standards;

(q)

Vision Clearance Area in TDC 75.020;

(r)

The Requirements in the Clean Water Services Service Provider Letter;

(s)

The Surface Water Management Standards in TMC 3-5-200 through 3-5-460;

(t)

For development in the Wetland Protection District, the requirements in TDC 71;

(u)

The Existing Structures and Appurtenances Provisions in TDC 36.340; and

(v)

The applicable Lot Dimensions in TDC 36.400.

(3)

The proposed subdivision will not cause any existing improvements on the proposed lots to be inconsistent with applicable standards in this land use code.

(4)

The proposed subdivision provides for the provision of pedestrian, bicycle and transit circulation among buildings located within the development site, as well as to adjacent and nearby residential areas, transit stops, neighborhood activity centers, office parks, and industrial parks. "Nearby" means uses within ¼ mile that can reasonably be expected to be used by pedestrians, and uses within two miles that can reasonably be expected to be used by bicyclists.

(5)

The subdivision complies with development standards explicitly addressed in the application.

(Ord. No. 1463-21 meeting, § 11, 12-13-21; Ord. No. 1486-24, § 5, 6-10-24; Ord. No. 1451-25 meeting, § 7, 8-11-25)

(1)

Applicability. Phased Tentative Subdivision Plan approval is required before land is divided as a phased subdivision. When the subdivision of land is phased, one tentative plan is approved for the entire phased subdivision, and each individual phase receives separate final plat approval.

(2)

Procedure Type. A Phased Tentative Subdivision Plan is processed as a Type II procedure under TDC 32.220 (Type II Procedure).

(3)

Submittal Requirements.

(a)

Prior to submitting an application for a Phased Tentative Subdivision Plan, the applicant must comply with the pre-application conference requirements in TDC 32.110 (Pre-Application Conference) and Neighborhood/Developer Meeting requirements in TDC 32.120 (Neighborhood/Developer Meetings).

(b)

In addition to the submittal requirements for a Type II application under TDC 32.140 (Application Submittal), an application for a Phased Tentative Subdivision Plan must include the information required in TDC 36.040(2) (Additional Submittal Requirements).

(c)

An application for a Phased Tentative Subdivision Plan must also include:

(i)

A phasing plan that indicates the tentative boundaries of each phase;

(ii)

The sequencing of the phases;

(iii)

The tentative configuration of lots in each phase; and

(iv)

A plan for the construction of all required city infrastructure in each phase.

(4)

Approval Criteria. A Phased Tentative Subdivision Plan must be approved if all of the following criteria are met:

(a)

The Phased Tentative Subdivision Plan meets all of the criteria for Tentative Subdivision Plan approval in TDC 36.110 (Tentative Subdivision);

(b)

Connectivity for streets and City utilities between each phase ensures the orderly and efficient construction of required public improvements among all phases;

(c)

Each phase is substantially and functionally self-contained and self-sustaining with regard to required public improvements; and

(d)

Each phase is designed in such a manner that all phases support the infrastructure requirements for the phased subdivision as a whole.

(5)

Modification Pursuant to Final Plat Approval. If the approval of a final plat for a phase of a phased subdivision requires the change of a boundary of a subsequent phase, or a change to the conditions of approval, the tentative phased subdivision plan must be modified prior to approval of the final plat.

(6)

Effective Date. The effective date of a Phased Subdivision Plan approval is the date the notice of decision is mailed.

(7)

Permit Expiration. Tentative Phased Subdivision plan approval expires as follows:

(a)

The first phase expires two years of from the effective date, unless an application for final plat is submitted or an extension is granted under TDC 36.210 (Extension of Approval Decision); and

(b)

All subsequent phases expire ten years from the effective date, and an extension under TDC 36.210 (Extension of Approval Decision) is not available for subsequent phases of a phased subdivision.

(1)

Applicability. A manufactured dwelling park or mobile home park that existed as of July 2, 2001, must receive Manufactured Dwelling Park Tentative Subdivision Plan approval before the land is divided as a manufactured dwelling park or mobile home park subdivision.

(2)

Procedure Type. A Manufactured Dwelling Park Tentative Subdivision Plan is processed as a Type II procedure under TDC 32.220 (Type II Procedure).

(3)

Submittal Requirements.

(a)

Prior to submitting an application for a Manufactured Dwelling Park Tentative Subdivision Plan, the applicant must comply with the pre-application conference requirements in TDC 32.110 (Pre-Application Conference) and Neighborhood/Developer Meeting requirements in TDC 32.120 (Neighborhood/Developer Meetings).

(b)

In addition to the submittal requirements for a Type II application under TDC 32.140 (Application Submittal), an application for a Manufactured Dwelling Park Tentative Subdivision Plan must include the information required in TDC 36.040(2) (Additional Submittal Requirements).

(4)

Approval Criteria. A Manufactured Dwelling Park Tentative Subdivision Plan must be approved if all of the following criteria are met:

(a)

The proposed area to be subdivided is in compliance with the development standards for manufactured dwelling parks or mobile home parks applicable at the time the park was approved, or the park is a nonconforming use. For purposes of this subsection, a park is in compliance if the City did not issue a written notice of noncompliance prior to before July 2, 2001;

(b)

The Manufactured Dwelling Park Tentative Subdivision Plan does not increase or decrease the number of lots, as defined in ORS 446.003, approved for the park, change the external boundary lines or setback requirements, or make other development changes; provided, however, the tentative manufactured dwelling park subdivision plan may provide for a reduction in the number of lots if the reduction involves only lots that have never been used for the placement of manufactured dwellings;

(c)

The Manufactured Dwelling Park Tentative Subdivision Plan restricts the use of lots in the subdivision to the installation of manufactured dwellings, and restricts any other property in the subdivision to use as common property, as defined in ORS 94.550, or for public purposes;

(d)

The applicant has recorded with the county the waiver of right to remonstrance required under ORS 92.835; and

(e)

The Manufactured Dwelling Park Tentative Subdivision Plan is in compliance with the applicable requirements of ORS 92.010 to 92.179.

(5)

Conditions of Approval. Conditions of approval of a Manufactured Dwelling Park Tentative Subdivision Plan may only include conditions that:

(a)

Were conditions of the original manufactured dwelling park approval; and

(b)

Are required by ORS 92.830 to 92.845.

(6)

Effective Date. The effective date of a Manufactured Dwelling Park Tentative Subdivision Plan approval is the date the notice of decision is mailed.

(7)

Permit Expiration. Manufactured Dwelling Park Tentative Subdivision Plan approval expires two years from the effective date, unless an application for final plat is submitted within two years of the effective date, or an extension is granted under TDC 36.210 (Extension of Approval Decision).

(1)

Applicability. A replat is required to reconfigure lots or parcels and public easements in a recorded partition or subdivision plat, to increase or decrease the number of lots in a subdivision, or where multiple property line adjustments require a replat. Tentative Replat Plan approval is required before a replat can occur.

(2)

Procedure Type. A Tentative Replat Plan is processed as a Type II procedure under 32.220.

(3)

Submittal Requirements.

(a)

Prior to submitting an application for a Tentative Replat Plan, the applicant must comply with the pre-application conference requirements in TDC 32.110 (Pre-Application Conference) and Neighborhood/Developer Meeting requirements in TDC 32.120 (Neighborhood/Developer Meetings).

(b)

In addition to the submittal requirements for a Type II application under TDC 32.140 (Application Submittal), an application for a Tentative Replat Plan must include the information required in TDC 36.040(2) (Additional Submittal Requirements).

(c)

If the Tentative Replat Plan will vacate an easement, the plan must show the easement proposed to be vacated.

(4)

Approval Criteria. A Tentative Replat Plan must be approved if all of the following criteria are met:

(a)

The Tentative Replat Plan does not propose to vacate any public street or road, or any recorded covenants or restrictions;

(b)

The Tentative Replat Plan will not create nonconforming units of land or nonconforming development, or increase the degree of nonconformity in existing units of land or development;

(c)

The Tentative Replat Plan complies with the standards of this Chapter and with all applicable provisions of the TDC;

(d)

The Tentative Replat Plan complies with all applicable provisions of ORS Chapter 92;

(e)

The Tentative Replat Plan is not prohibited by any existing City land use approval or previous condition of approval, affecting one or both of the units of land; and

(f)

The Tentative Replat Plan does not adversely affect the availability of, or access to, City infrastructure or public or private utilities or streets.

(5)

Notice to Utilities. When a utility easement is proposed to be realigned, reduced in width, or eliminated by a Tentative Replat Plan, notice of the Tentative Replat Plan application must be mailed to all affected utility companies or public agencies. Any utility company that desires to maintain an easement that would be realigned, reduced in width, or eliminated by a proposed Tentative Replat Plan must notify the City Manager in writing within 14 days of the mailing date of the notice. If an objection to the realignment, reduction in width, or elimination of an easement is received within the 14 day period, the utility easement will not be realigned, reduced in width, or eliminated.

(6)

Effective Date. The effective date of a Tentative Replat Plan approval is the date the notice of decision is mailed.

(7)

Permit Expiration. Tentative Replat Plan approval expires two years from the effective date, unless an application for final plat is submitted within two years of the effective date, or an extension is granted under TDC 36.210 (Extension of Approval Decision).

(1)

Applicability. Final plat approval is required before a final plat of a partition, subdivision, phased subdivision, and manufactured dwelling park subdivision is recorded.

(2)

Procedure. Final plats are exempt from the procedures TDC 32.220 (Type II Procedure), and instead follow the procedures set forth in this section. Final plats must be reviewed by the City prior to recording with county.

(3)

Submittal Requirements. Applications for final plat must be submitted prior to expiration of tentative plan approval.

(4)

Approval Criteria. A final plat must be approved if all of the following criteria are met:

(a)

The final plat is in substantial conformance with the approved tentative plan or tentative replat plan.

(b)

For phased subdivisions in commercial and industrial zones, unless the divergence from the tentative plan would require a modification of any condition of approval, the final plat for each phase may diverge from the tentative plan and still be in substantial conformance with the approved tentative plan for that phase if there is:

(i)

A decrease or increase in the number of lots within the particular phase;

(ii)

A change in the location or width of public rights-of-way within the specific phase; provided, however, the change does not materially affect connectivity, does not increase or decrease the number of connections to streets set forth in the tentative plan, does not change the point of connection with existing or planned streets, and does not change the street designation from one classification to another;

(iii)

A change in the location or width of a public utility easement, so long as the change does not adversely affect connectivity with constructed or planned utilities;

(iv)

A decrease in the number of phases; or

(v)

An increase or decrease in the area of a specific phase.

(c)

If the approval of a final plat for a specific phase requires the change of a boundary of a subsequent phase, or a change to the conditions of approval, the tentative plan must be modified first to reflect the changes.

(d)

The final plat complies with all applicable provisions of ORS Chapter 92.

(e)

Conditions of approval imposed on the tentative plan or tentative replat have been met;

(f)

The final plat dedicates, free and clear of all liens and encumbrances and without any reservation or restriction other than reversionary rights upon vacation, all City infrastructure, if such dedication is required by the Tualatin Development Code or as a condition of approval;

(g)

The City Manager has certified that:

(i)

All required public improvements and private improvements are completed and approved; or

(ii)

The owner of the property subject to the final plat has executed and filed with the City an Improvement Agreement under TDC 36.320 (Improvement Agreement for Public Improvements), requiring all City infrastructure and private improvements to be completed within 24 months of the final plat approval.

(5)

Approval or Rejection of Final Plat.

(a)

If the City Manager finds that the final plat does not meet the approval criteria set forth in subsection (3) of this section, the City Manager must notify the applicant of the deficiencies and afford the applicant opportunity to comply. Rejection of a final plat does not affect tentative plan or tentative replat approval.

(b)

If the City Manager finds that the final plat meets the approval criteria set forth in subsection (3) of this section, the City Manager must endorse approval on the final plat, and the applicant may process and record the final plat.

(6)

Recording of Final Plat. The approved final plat must be recorded within ten years of the effective date of the tentative plan or tentative replat approval. No building permits for development of lots or parcels will be issued until the final plat is recorded.

(7)

Operation and Maintenance of Facilities and Common Property. Where facilities and common property, including, but not limited to, private streets, parking areas, privately owned pedestrian walkways and bikeways, and landscape strips, are included within the development, the recorded covenants, conditions, and restrictions for the development must include a provision that such facilities and common property be perpetually operated and maintained by a property owners' association. Each property owner must be a member of the property owners' association. The association must have the power to levy and assess against privately owned property in the development all necessary costs for operation and maintenance of such facilities and common property. The documents creating such association must be approved by the City Manager.

(8)

Operation and Maintenance of Flag Lot Accessways. Where a flag lot accessway serving more than one lot or parcel is included within a development, reciprocal and irrevocable access rights for all lots or parcels served by the flag lot accessway must be included on the final plat and in the deeds for the individual lots or parcels. Maintenance of the flag lot accessway must be shared between the owners of the properties served by the flag lot accessway and an agreement requiring maintenance of the flag lot accessway must be recorded in the deeds for the individual lots or parcels.

(1)

Applicability. The approval of a tentative partition plan, tentative subdivision plan, tentative phased subdivision plan, manufactured dwelling park tentative subdivision plan, or tentative replat may be modified after its effective date if the proposed modification meets the criteria set forth in this section. Modifications that do not meet the criteria in this section require submittal of a new application for tentative partition plan, tentative subdivision plan, tentative phased subdivision plan, manufactured dwelling park tentative subdivision plan, or tentative replat.

(2)

Procedure Type. Modifications pursuant to this section are processed as a Type I procedure under TDC 32.210.

(3)

Submittal Requirements. In addition to the submittal requirements under TDC 32.220, an application for a modification must include the following:

(a)

For modification of a tentative partition plan approval, the information required under TDC 36.100(3)(Submittal Requirements).

(b)

For modification of a tentative subdivision plan approval, the information required under TDC 36.110(3)(Submittal Requirements).

(c)

For modification of a phased tentative subdivision plan approval, the information required under TDC 36.120(3)(Submittal Requirements).

(d)

For modification of a tentative manufactured dwelling park subdivision plan approval, the information required under TDC 36.130(3)(Submittal Requirements).

(e)

For modification of a tentative replat approval, the information required under TDC 36.140(3)(Submittal Requirements).

(4)

Criteria. An application for modification pursuant to this section must be approved if all of the following criteria are met:

(a)

The proposed modification is not substantially inconsistent with the conditions of the original approval; and

(b)

Accessways to adjacent streets or properties must not be relocated more than 25 feet from the location approved on the subdivision plan. In addition, accessways must not be relocated to a different adjacent property.

(c)

Stub streets must not be changed to non-through streets.

(d)

Culs-de-sac must not be changed to stub streets.

(e)

Density decreases must not exceed a 20 percent reduction in the total number of approved lots or dwelling units.

(f)

The proposed modification must not result in a change or deletion of a condition of approval of the subdivision plan approval.

(g)

The proposed modification will not result in significant changes to the physical appearance of the development, the use of the site, and the impacts on surrounding properties.

(5)

Expiration. The modification does not affect the expiration of the original decision.

(1)

Applicability. The City Manager may grant a one-year extension of a Tentative Partition Plan decision, Tentative Subdivision decision, Tentative Phased Subdivision decision, Tentative Manufactured Dwelling Park Tentative Subdivision Plan decision, and Tentative Replat decision.

(2)

Procedure Type. Extensions pursuant to this section are processed as a Type I procedure under TDC 32.210.

(3)

Criteria. An application for an extension of Tentative Partition Plan decision, Tentative Subdivision decision, Tentative Phased Subdivision decision, Tentative Manufactured Dwelling Park Tentative Subdivision Plan decision, or Tentative Replat decision will be approved if all of the following criteria are met:

(a)

There have been no significant changes in any conditions, ordinances, regulations, or other standards of the City or applicable agencies that affect the previously approved subdivision so as to warrant its resubmittal; and

(b)

If the applicant did not neglect the site, its maintenance, or otherwise allowed the site to become blighted.

(4)

Number of Extensions. The City Manager cannot grant more than a single one-year extension.

Lots and parcels for Greenways and Natural Area are lots or parcels created as part of a partition, subdivision, phased subdivision, manufactured dwelling park subdivision, or replat for the purpose of preservation and management of natural resources through the sale or transfer to a public agency or a non-profit entity. As used in this section, natural resources include, but are not limited to, areas of wildlife habitat, riparian areas, areas of sensitive ecological areas, or areas that contain rare or endangered species. Conservation lots or parcels proposed as part of a partition, subdivision, phased subdivision, manufactured dwelling park subdivision, or replat will be approved subject to the following:

(1)

A greenway or natural area lot or parcel must be primarily undeveloped and in a natural state.

(2)

A greenway or natural area lot or parcel has no minimum standards for lot area, width, depth, or frontage.

(3)

A greenway or natural area lot or parcel must be designated as such on the tentative plan and the final plat.

(4)

The deed conveying the greenway or natural area lot or parcel must contain a covenant that requires long-term preservation and management of the lot or parcel as a significant natural resource.

(1)

The plat of a partition, subdivision, phased subdivision, manufactured dwelling park subdivision, or replat must provide for the dedication of all public rights-of-way, reserve strips, easements, tracts and accessways, together with public improvements therein approved and accepted for public use.

(a)

The applicant must comply with the requirements of TDC Chapter 74, Public Improvement Requirements.

(b)

The applicant must comply with the design and construction standards set forth in the Public Works Construction Code.

(c)

The applicant must provide evidence to the City that property intended to be dedicated to the public is free of all liens, encumbrances, claims and encroachments.

(2)

The plat of a partition, subdivision, phased subdivision, manufactured dwelling park subdivision, or replat must indicate the ownership and location of private easements and tracts, and the ownership and location of private improvements within public rights-of-way and easements.

(3)

Approval of the final plat of a partition, subdivision, phased subdivision, manufactured dwelling park subdivision, or replat by the City constitutes acceptance of all public rights-of-way, reserve strips, easements, tracts and accessways shown thereon, as well as public facilities located therein.

(1)

An applicant may submit the subdivision plat for City acceptance prior to installing all required public improvements if the applicant submits a signed Improvement Agreement and written assurances, to City Manager.

(2)

The Improvement Agreement must be in a form approved by the City and contain the following provisions:

(a)

A promise by the owner to complete the required public improvements within 24 months of final plat approval.

(b)

Monetary assurance for the full value of all required public improvements in one of the following forms:

(i)

A Corporate Surety Bond issued by a surety company authorized to transact business in the State of Oregon; or

(ii)

A cash deposit; or

(iii)

Cash in escrow.

(c)

A statement that if the owner fails to perform all of the conditions of the Improvement Agreement that the City may collect on the assurance and pursue any and all remedies available to it at law and in equity to enforce the Improvement Agreement.

(3)

The value of the monetary assurance must be based upon of the costs of the City completing the public improvements and include, but are not limited to:

(a)

Related engineering;

(b)

Right-of-way acquisition;

(c)

Easement acquisition and public contracting costs;

(d)

Labor and materials; and

(e)

Incidental expenses.

(4)

In the event the applicant fails to perform all provisions of the Improvement Agreement, the City is authorized, but not required, to complete unfinished or improperly constructed portions of the required public improvements and to use the assurance for reimbursement to cover the City's costs, including bringing any necessary action to collect such funds.

(a)

If the amount of the assurance exceeds the actual cost and expense incurred by the City to satisfy the provisions of the Compliance Agreement upon the applicant's failure to do so, the City will release the balance.

(b)

If the amount of the assurance is less than the actual costs incurred by the City, the owner is liable to the City for such additional costs. A City lien must be placed on the subdivision still owned by the owner in an amount which represents the difference between the City costs and the amount received by the City pursuant to the applicant's assurance.

(5)

If the applicant fails to perform under the provisions of the Improvement Agreement the City may, as an additional but not exclusive remedy, refuse to issue building permits for properties subject to the Improvement Agreement.

(6)

The remedies provided by this section for violation of an Improvement Agreement are in addition to any other remedies available to the City at law and in equity.

(1)

Except as provided in subsection (2) of this section, the City must not issue a building permit or permits to connect to City utility services for lots within a subdivision or partition plat until the City Manager has determined that the corresponding public improvements are substantially complete to assure that the health and safety of the citizens will not be endangered from inadequate public facilities.

(2)

Subject to submittal and approval of, and compliance with, the subdivision plan, as well as sufficient security to assure completion of the public portions of the subdivision, the applicant or individual lot owners within the subdivision may receive a building permit or utility service for not more than 50 percent of the platted lots within the subdivision prior to:

(a)

The completion of all required public improvements in accordance with the Public Works Construction Code; and

(b)

The acceptance of the public improvements by resolution of the City Council.

(3)

The City must not issue building permits or utility service approval for any lot which together with previously approved lots would exceed 50 percent of the platted lots within the subdivision until:

(a)

All required public improvements have been completed in accordance with the Public Works Construction Code; and

(b)

The public improvements have been accepted by resolution of the City Council.

(4)

City approval for use of a public improvement prior to the final approval and acceptance by the City of the subdivision plat does not constitute a release or waiver of any security which has been filed to assure compliance with the subdivision plan approval or any related agreements.

(5)

For a subdivision or partition in commercial, institutional, or manufacturing zones (planning districts) or multi-family residential developments which require Architectural Review approval, the City Manager may authorize building permits to be issued prior to the public improvements being substantially complete provided the following conditions are satisfied:

(a)

A Public Works Permit for the public improvements has been issued;

(b)

An Architectural Review for the development has been approved;

(c)

The subdivision or partition plat is recorded;

(d)

All easements and dedications required of any development approval have been recorded; and

(e)

Building permits are conditioned to deny occupancy until the public improvements in the subdivision are complete and are accepted by resolution of the City Council.

(1)

Any existing structures proposed to be demolished must be removed prior to the City approval of the subdivision or partition plat. Any structures determined to be a historic City landmark must be reviewed in accordance with TDC Chapter 68.

(2)

Any existing wells must be abandoned in the manner prescribed by State and County regulations prior to the City approval of the subdivision or partition plat.

(3)

Any existing underground fuel or oil tanks, septic tanks and similar underground storage tanks must be removed or filled as required by the Department of Environmental Quality prior to the City's approval of the subdivision or partition plat.

(1)

Double Frontage and Reverse Frontage.

(a)

Double frontage and reversed frontage lots must be avoided except where essential to provide separation of residential development from railroad tracks or crossings, traffic on arterials or collectors, adjacent nonresidential uses, or to overcome specific disadvantages of topography and orientation.

(b)

Vehicular access on double frontage lots must be oriented towards the lowest classification street adjacent to the lot as follows:

(i)

Alley;

(ii)

Local street; or

(iii)

Neighborhood route.

(2)

Large Lots. When subdividing, partitioning or adjusting land into large lots which at some future time are possible to be resubdivided, repartitioned, or readjusted to a size which more closely conforms to the other lots in the subdivision or area, the applicant must submit a future streets plan. The future streets plan must indicate that proposed large lots be of such size and shape and contain such building site restrictions as will provide for the extension and opening of streets at such intervals and the subsequent division of any such large lot into smaller size lots which meet the requirements of the TDC.

(3)

Side Lot Lines. The side lines of lots, as far as practicable, must run at right angles to the street upon which the lots face.

(4)

Lot Size and Shape. The lot size, width, shape and orientation must be appropriate for the location of the lot and comply with the zone (planning district) standards for the type of development and use contemplated.

(5)

Frontage on Public Streets. All lots created after September 1, 1979 must abut a public street, except for the following:

(a)

Secondary condominium lots, which must conform to TDC 73C and TDC 75;

(b)

Lots and tracts created to preserve wetlands, greenways, Natural Areas and Stormwater Quality Control Facilities identified by TDC Chapters 71, 72, and TMC Chapter 3-5 Surface Water Management, or for the purpose of preserving park lands in accordance with the Parks and Recreation Master Plan;

(c)

Residential lots where frontage along a public street is impractical due to physical site restraints. Access to lots may be provided by a private street under the provisions of Chapter 74.060. The private street must have no adverse impacts to surrounding properties or roads and may only be approved if it meets the following criteria:

(i)

A public street is not needed to provide access to other adjacent properties as required by TDC Chapter 74;

(ii)

A recorded document providing for the ownership, use rights, and allocation for liability for construction and maintenance has been submitted to the City Manager prior to issuance of a building permit; and

(iii)

Access easements have been provided to all properties needing access to the driveway.

(d)

Lots in the Manufacturing Park Zone Planning District which have access to the public right-of-way in accordance with TDC 73C and TDC Chapter 75 via permanent access easement over one or more adjoining properties, creating uninterrupted vehicle and pedestrian access between the subject lot and the public right-of-way.

(Ord. 1427-19, § 16, 11-25-19; Ord. No. 1451-25 meeting, § 7, 8-11-25)

(1)

To allow creativity and flexibility in subdivision design and to address physical constraints, such as topography, existing development, significant trees and other natural and built features. The Flexible Lot Subdivision provisions are selected by the applicant and subject to the discretionary subdivision standards in TDC 36.120 and not the Housing Clear and Objective Standards in TDC 36.125.

(2)

Lot Size for Flexible Lots.

(a)

RL Zone. The minimum lot size may be reduced to 5,000 square feet if:

(i)

The density of the proposed subdivision does not exceed the density allowed in the zone; and

(ii)

The subdivision consists of:

(A)

Less than nine lots; or

(B)

At least five percent of gross site area on the plat is dedicated as open space. Stormwater and drainage facilities are not counted toward percentage of open space requirement.

(b)

RML Zone. The minimum lot size for Detached Single Family Dwellings, Duplexes, Triplexes, and Quadplexes may be reduced to 3,000 square feet if:

(i)

The density of the proposed subdivision does not exceed the density allowed in the zone;

(ii)

The site is a minimum of one acre;

(iii)

At least five percent of gross site area is dedicated on the plat as open space. Proposed open space must be for tree preservation and/or active and passive open space. Stormwater and drainage facilities are not counted toward percentage of open space requirement;

(iv)

A minimum of 20 percent of the dwelling units must include Townhomes, Duplexes, Triplexes, or Quadplexes;

(v)

No more than 70 percent of the approved Single-Family Dwellings may be issued Building Permits prior to the construction and issuance of Certificates of Occupancy for all approved housing types (i.e., non-single-family dwellings) in accordance with a City approved phasing plan; and

(vi)

All other requirements of the zone must be followed, except as modified by (i) through (v).

(Ord. No. 1463-21 meeting, § 12, 12-13-21)

Editor's note— Ord. No. 1463-21 meeting, § 12, adopted December 13, 2021, repealed § 36.410 and enacted a new § 36.410 as set out herein. Former § 36.410 pertained to small lot subdivisions for RL and RML zones.

In the RL zone, creation of single-family lots smaller than 6,500 square feet will be permitted if land is dedicated for a Greenway or Natural Area in accordance with the following standards.

(1)

Number of Lots. One small lot is permitted for each 6,500 square foot Greenway or Natural Area Lot created in the subdivision or partition process.

(2)

Minimum Lot Size and Location. The small lot must:

(a)

Be no less than 5,000 square feet and no more than 5,999.99 square feet;

(b)

Have an average lot width of at least 30 feet;

(c)

Lots that have frontage on a public street must have a minimum lot width of 50 feet or 30 feet for lots on a cul-de-sac bulb;

(d)

Have a maximum building coverage of 45 percent;

(e)

When a small lot abuts an existing lot or is across from a lot on a local street of a City-approved and recorded subdivision or partition, the small lot must be no more than 500 square feet smaller than the size of the abutting lot or lot across the street. For purposes of this subsection, a small lot is directly across the street if one or more of its lot lines—when extended in a straight line across the local street—intersect the property line of the lot across the street;

(f)

When a tract or easement is between a small lot and an existing lot in a City approved and recorded subdivision or partition, the small lot must be separated from the existing lot by at least 50 feet; and

(g)

When a subdivision is constructed in phases, a small lot in a later phase may abut or be directly across a local street from an existing lot in an earlier phase.

(3)

Maximum Density. The subdivision's or partition's density, net of the Greenway or Natural Area lots, must not exceed 7.5 dwelling units per acre.

(4)

Location of Greenway or Natural Area Lots. Each Greenway or Natural Area Lot in the development must be located wholly in:

(a)

Natural Resource Protection Overlay (NRPO) District (TDC Chapter 72); or

(b)

Clean Water Services Vegetated Corridor.

(5)

Ownership of Greenway or Natural Area Lot. The ownership of each Greenway or Natural Area Lot must be one of the following:

(a)

Dedicated to the City at the City's option; or

(b)

Dedicated in a manner approved by the City to another public entity; or

(c)

Dedicated to a non-profit conservation organization; or

(d)

Retained in private ownership.

(6)

Ownership Considerations. The City will consider at a minimum the following factors when determining the appropriate ownership of the Greenway or Natural Area Lot, and other factors may be considered:

(a)

Does the Park and Recreation Master Plan designate the lot for a greenway, pedestrian or bike path, public park, recreation, overlook or interpretive facility, or other public facility;

(b)

Does the lot include one or more designated Heritage Trees, or one or more significant trees;

(c)

Does the lot provide a significant view or esthetic element, or does it include a unique or intrinsically valuable element;

(d)

Does the lot connect publicly owned or publicly accessible properties;

(e)

Does the lot abut an existing park, greenway, natural area or other public facility;

(f)

Does the lot provide a public benefit or serve a public need;

(g)

Does the lot contain environmental hazards;

(h)

Geologic stability of the lot; and

(i)

Future maintenance costs for the lot.

(Ord. 1427-19, § 17, 11-25-19)

(1)

The City Manager is responsible for enforcement of the provisions of this Chapter.

(2)

It is a civil infraction to violate to:

(a)

Violate any of the provisions of this Chapter; or

(b)

Selling, offering to sell, contracting to sell land or an interest in land, contrary to the provisions of this Chapter, or contrary to the subdivision or partition plat, or the survey map of the property line adjustment.

(Ord. 1414-18, 12-10-18)