Zoneomics Logo
search icon

Waldport City Zoning Code

CHAPTER 16

100 Land Division

16.100.010 Purposes

As authorized by law, including ORS Chapter 92 and Chapter 215, the following requirements and standards relating to the division of land apply to all land within the City of Waldport. These regulations have the following objectives:

  1. To provide for the proper location of utilities;
  2. To specify the width, location and improvement standards for streets;
  3. To provide for adequate sewage disposal facilities;
  4. To provide for adequate water supplies;
  5. To provide for adequate stormwater drainage facilities.

16.100.020 Approval Of Partitions

  1. A person may offer or negotiate to sell any parcel in a partition prior to the approval of the tentative plan for such partition, but no person may dispose of, transfer, sell or agree to sell any parcel in a partition prior to final approval.
  2. No building permits shall be issued for any parcel in a partition until the partition has been granted final approval.
  3. If it is determined that continuous partitioning of a tract of land may occur in subsequent years which may result in the need for a new road(s), utilities, or stormwater drainage facilities to be constructed, thereby impacting City services and surrounding property, the application shall be referred to the Planning Commission for a determination as to whether the development should be subject to the subdivision requirements of this article.

16.100.030 Approval Of Subdivisions

  1. No plat or replat of a subdivision of land shall be recorded or have any validity unless and until it has the approval of the City, as provided for in this article.
  2. No person shall negotiate to sell any lot in any subdivision until a tentative plan of that subdivision has been approved.
  3. No person shall dispose of, transfer, or sell any lot in any subdivision until final approval is obtained and the plat of that subdivision is recorded.

16.100.040 General Requirements And Minimum Standards Of Design Development

  1. The following are the minimum requirements and standards to which subdivisions and partitions must conform:
    1. Conformity to the comprehensive plan. All subdivisions and partitions shall conform with all applicable portions of the comprehensive plan and development regulations for the City.
    2. Performance agreement. If all improvements required by the City and this code are not completed according to specifications as required herein prior to the time the plat or map is duly submitted for consideration and approval, the City may accept in lieu of said completion of improvements a performance agreement bond, or other assurance equal to the value of the cost of the improvements, plus administrative costs and inflation amounts not to exceed the amount of twenty (20) percent of the value of the cost of the improvements, executed by the subdivider/partitioner and any surety company, conditioned upon faithful performance and completion of all such improvements within a period of time stated in such performance agreement, pursuant to Section 16.100.010 of this chapter.
    3. Relation to adjoining street system. A subdivision or partition shall provide for the continuation of existing and projected streets. If physical conditions make such continuation impractical, exceptions may be made. All new subdivisions will be required to construct public streets to City standards.
    4. Access.
      1. A subdivision or partition shall provide each lot or parcel, by means of a public street or private road, satisfactory vehicular access to an existing street.
      2. A subdivision or partition shall consider vehicular access to the parcel off existing or proposed streets that addresses traffic congestion, speed, stop signs and turn lanes for the orderly development of traffic accessing the area.
      3. The subdivider/partitioner shall be solely responsible for constructing all necessary or required street(s) or road(s), whether public or private, to City requirements as stated herein to serve each and every lot or parcel created by the subdivision or partition.
      4. All public or private streets or roads established for the purpose of subdividing, partitioning or replatting land shall be surveyed and monumented.
      5. All plans and specifications for street and road improvements, whether public or private, shall be prepared by a civil engineer licensed in the State of Oregon. Street improvements, including grades, paving, drainage and centerline radii on curves, shall at a minimum meet the applicable requirements of this title and standards set forth in the American Association of State Highway and Transportation Officials (AASHTO) manual or other design principles and construction specifications consistent with generally accepted engineering practices which are acceptable to the Planning Commission.
    5. Private Roads.
      1. Private roads shall provide access only to abutting lots. No road providing access to other roads or to areas not abutting such streets shall be approved as a private road.
      2. The establishment of a private road shall not be allowed if it will deny the public access to public areas such as beaches or parks.
      3. No private road shall be approved unless the Planning Commission is satisfied that such road is not presently needed as a public street nor will it ever be extended through to adjacent property or is necessary for public street purposes in the normal growth of the area.
      4. Yard setbacks shall be determined from the road right-of-way or access easement line in instances where private roads are considered.
      5. Private road rights-of-way may be approved of less than fifty (50) feet in width but in no instance shall the road right-of-way be less than thirty (30) feet except that a private road to two lots may be twenty (20) feet in width. In instances where the road access to more than three lots is less than fifty (50) feet in width utility/slope easements may be required.
      6. Private road improvement standards shall be the same as those for public streets. In residential zones, roads providing access to no more than three lots shall be exempt from standards for improvements and shall be regarded as private driveways.
      7. An approved turn-a-round shall be provided on all dead-end streets as required by the fire department.
    6. Public Street Standards.
      1. Street Widths: The right-of-way and surface widths shall conform to the widths as specified in Section 16.100.100 of this chapter unless a modification is granted pursuant to Section 16.100.090 of this chapter.
      2. Street Design and Improvements.
        1. The layout of streets shall give suitable recognition to surrounding topographical conditions in accordance with the purpose of this code.
        2. Street improvements, street grades, paving, drainage and centerline radii on curves shall meet the minimum requirements as specified in Section 16.100.100 of this chapter.
      3. Street Intersections.
        1. Streets shall intersect one another at an angle as near to a right angle as is practical considering the topography of the area and previous adjacent layout.
        2. Intersections shall be designed so that no danger to the traveling public is created as a result of staggered intersections and in no case shall intersections be offset less than one hundred (100) feet.
        3. Any intersection that accesses an arterial street shall provide an additional turn lane access.
      4. Cul-de-Sacs and Turn-a-Rounds.
        1. In general, dead end (cul-de-sac) streets in partitions or subdivisions should not exceed four hundred (400) feet in length and must terminate in a turn-a-round with a minimum property line radius of forty-five (45) feet or other type of turn-a-round approved by the Planning Commission.
        2. Approved turn-a-rounds shall be provided on all dead end streets.
    7. Public Access Ways: When necessary for public convenience and safety, the City may require a subdivider to dedicate to the public access ways ten (10) to twenty (20) feet in width to connect cul-de-sacs, to pass through oddly shaped or unusually long blocks, to provide for networks of public paths according to adopted plans or to provide access to schools, parks, beaches or other public areas, and be of such design and location as reasonably required to facilitate public use.
    8. Traffic Impact Analysis. See Section 16.72.140.
    9. Lots and Parcels.
      1. Every lot/parcel shall abut a public street or private road. A flag lot with the staff that does not comply with the required minimum lot widths for the zone it is located in is permitted but shall not be less than twenty-five (25) feet minimum frontage.
      2. Each side line shall be as close to perpendicular to the adjacent street/road or radial to a curved street/road as possible.
      3. Lots/parcels with double frontage shall not be permitted unless, in the opinion of the City, it is unavoidable.
      4. The staff portion of a flag lot shall not be used in computing lot size for zoning and building purposes.
    10. Utility Easements: Where alleys are not provided, easements of not less than ten (10) feet in width may be required on side or rear lines if determined to be necessary for utility lines, wires, conduits, storm and sanitary sewers, gas and water.

      Easements of the same or greater widths may be required along boundary lines or across lots where necessary for the extension of utility lines, waterways, and walkways, and to provide necessary drainage ways or channels.
    11. Water Service: All lots/parcels shall be served by water service provided by the City or others unless the City has received and accepted:
      1. Certification that water service has been provided to the boundary line of each lot/parcel, and utility location maps are furnished to the City; or
      2. Certification by the owner or superintendent of a State certified public or privately owned domestic water supply system that water service has been installed to the boundary line of each lot/parcel; or
      3. A performance agreement, bond, contract or other assurance that water service will be provided to the boundary line of each lot/parcel.
    12. Sewer: No plat of a subdivision or parcel in a partition shall be approved unless the City has received and accepted:
      1. Certification that City sewer service has been provided to the boundary line of each lot/parcel and utility location maps are furnished to the City; or
      2. Certification by the County sanitarian for septic approval of each lot/parcel; or
      3. A performance agreement, bond, or contract or other assurance that sewer service will be provided to the boundary line of each lot/parcel.

        When septic approval has been obtained, the property owner will be required to waive objection to the formation of an LID for the purpose of providing sewer to the property. In the event that sewer becomes available to the lot/parcel, replacement of a septic system will not be allowed. Parcels with adequate septic systems will not be required to hook up to sewer until such time as replacement of the septic system is necessary.
    13. Drainage: No plat of a subdivision or parcel in a partition shall be approved unless the City has received and accepted:
      1. Width, depth and direction of flow of all drainage channels on the property;
      2. Names, depth and direction of flow of all drainage and approximate grade of all streets within and abutting the subdivision;
      3. Location, size and type of conduit used in drainage channels and driveway accesses;
      4. Inspection and approval of dry-wells installed on the property by the Public Works Director.
      5. Inspection and approval of drainage disposal by the Public Works Director.
  2. The following shall apply to subdivisions only:
    1. Parks and Open Space. In subdivisions or planned developments the City shall require the subdivider to pay a park assessment fee based on the size of the subdivision. The City Council shall determine by resolution, from time to time, the amount of the park assessment fee to be charged to the subdivider under this section.
    2. Block Length. Blocks shall be no longer than one thousand two hundred (1,200) feet in length between street lines.
    3. Partial Development. If a proposed subdivision area includes only part of the tract owned by the subdivider, the City may require a sketch of the tentative layout of streets in the remainder of that tract.
    4. Phase Development. A developer of a subdivision may file a plat on a portion or phase of the approved tentative plan. If the subdivision is submitted for plat approval in phases, each phase must be able to qualify in all respects to the applicable requirements of approval of the tentative plan as well as any changes or additions to the code which may have occurred subsequent to the approval of the tentative plan. If the subdivision is a planned unit subdivision, each phase must be able to qualify for approval independently from the balance of the approved tentative plan.
    5. Duplication of names: The name of a tentative plan of a proposed subdivision must not duplicate the name used in any other legally recorded subdivision in Lincoln County, except for the words "town", "city", "place", "court", "addition", or similar words, unless the land platted is contiguous to and platted by the same party that platted the subdivision bearing that name or unless the party files and records the consent of the party that platted the subdivision bearing that name. All plats must continue the block numbers of the plat of the same name last filed.
    6. Planned unit subdivisions. The tentative plan and plat application procedures for planned unit subdivisions are the same as for other subdivisions. A planned unit subdivision is subject to all applicable provisions contained in the Planned Development (P-D) overlay zone section of this title (Chapter 16.60).
    7. Underground utilities. In any subdivision which includes the construction of new public or private streets, underground utilities shall be provided to City standards. Where a subdivision is proposed to front on existing streets which contain existing utility construction, underground utilities shall not be required unless the affected utility companies have adopted a schedule for the construction of underground utilities for the area.
    8. Other street improvements.
      1. In any subdivision which includes the construction of new private or public streets, concrete curbs, gutters, and sidewalks shall be provided. These improvements shall be of a design and location acceptable to the City for the purpose of pedestrian use and drainage control.
      2. Residential and service driveways shall conform to standards established under City code or any amendments or other standards as established by the City Council.
    9. Time Extensions. If all phases are not completed within the required two year time period for tentative approval, a time extension must be applied for subject to provisions contained in Section 16.100.050(F) of this chapter.
    10. Fire Protection. All proposals for a partition or subdivision shall be sent to the Central Oregon Coast Fire and Rescue District ("COCFRD" or "fire district") for review and comment. If, in the opinion of the fire district, a fire hydrant(s) is necessary for the protection of life and property on the new parcel(s) or lot(s) created by a subdivision or partition, the subdivider/partitioner shall provide the same together with the required water line at its sole expense to the location requested on the subject property by the fire district.

16.100.050 Procedure For Subdividing, Partitioning Or Replatting Land

  1. Pre-Application Conference. Prior to submitting a tentative plan of a subdivision, partition, or replat, the applicant shall confer with the City Planner regarding the requisites of the tentative plan application and the applicable standards and criteria of this chapter.
  2. Tentative plan requirements. The submitted tentative plan for a subdivision, partition, or replat shall contain all of the information listed in the applicable City of Waldport application form. If the proposal includes new access from a State highway, the applicant shall submit documentation that the Oregon Department of Transportation is willing to issue the requested road approach permits.
  3. Tentative plan application and review for subdivisions and partitions. The procedure for application and review of the tentative plan of a subdivision shall be as set forth in Section 16.108.020(C) of this title. The procedure for application and review of the tentative plan for a partition shall be as set forth in Section 16.108.020(B) of this title.
  4. Tentative plan application and review for replats.
    1. If the proposed replat involves three (3) lots or less and is for the purpose of lot boundary changes only, procedure for review and approval of the tentative plan shall be as set forth in Section 16.108.020(B) of this title.
    2. If the proposed replat involves four (4) lots or more or includes changes to street right-of-ways, utilities, or any other features besides boundary lines, procedure for review and approval of the tentative plan shall be as set forth in Section 16.108.020(C) of this title.
    3. For replats of previously recorded partition plats, procedure for review and approval of the tentative plan shall be as set forth in Section 16.108.020(B) of this title.
  5. Time Limit on tentative approval. Approval of a tentative plan of a partition, subdivision or replat is valid for a period of three (3) years per phase from the effective date of the approval. Phases are allowed to run consecutively, e.g. Phase 1: Years 1-3, Phase 2: Years 4-6. If no request for final approval or time extension has been received within the approved period, the tentative plan approval shall expire.
  6. Time extension on preliminary plan approval. Approval of a preliminary plan may be extended upon written request. Requests for time extensions shall be considered and acted upon in accordance with Section 16.108.020(A) of this title or may be submitted to the planning commission for their decision. In considering a request for time extension, the city planner or the commission may consider to what extent any required improvements have been constructed or completed, whether there have been any changes in circumstances or applicable code or statutory requirements which could have affected the original approval, and whether additional conditions or requirements could be imposed on the preliminary plan approval which would satisfactorily address any deficiencies resulting from changed circumstances or code or statutory requirements. In granting a request for a time extension, the city planner or the planning commission may impose such additional conditions or requirements as are considered appropriate. A time extension shall be for a period of three (3) years. Not more than one (1) time extension of a preliminary plan approval may be granted. (Ord. 768 § 7, 2019)

    In considering a request for time extension, the City Planner or Commission may consider the following:
    1. To what extent any required improvements have been constructed or completed;
    2. Whether there have been any changes in circumstances or in applicable code or statutory requirements which would render the original approval inappropriate or non-conforming;
    3. Whether additional conditions or requirements could be imposed on the tentative plan approval which would satisfactorily address any deficiencies resulting from changed circumstances or code or statutory requirements. In granting a request for a time extension, the City Planner or the Commission may impose such additional conditions or requirements as are considered appropriate.
  7. Revision of tentative plan. If an approved tentative plan of a partition or administrative replat is to be substantially revised, such revision shall be filed as a new application for tentative plan approval. If an approved tentative plan for a subdivision or replat described in subsection (D)(2) of this section is revised in any way, the Planning Commission shall review the proposed revision to determine if a new application for tentative approval will be required.
  8. Certifications required for final approval. Requests for final approval of a subdivision, partition or replat shall be accompanied by the following:
    1. A copy of all covenants and restrictions;
    2. Copies of legal documents required for dedication of public facilities or for the creation of a homeowner's association;
    3. The certification, performance agreement or statement regarding the installation of water and sewerage services;
    4. As-built certifications for all required roads and/or utilities unless otherwise guaranteed by a performance agreement;
    5. A plat and one exact copy meeting the requirements of Section 16.100.060 of this chapter and ORS 92.050-92.100.
    6. When access from a State highway or County road is proposed, a copy of the approach road permit issued by the Oregon Department of Transportation or the Lincoln County Road Department.
    7. A preliminary title report, lot book report, subdivision guaranty report or equivalent documentation of the ownership of the subject property, issued not more than thirty (30) days prior to the date the final plat is submitted for final approval. Such a report shall also identify all easements of record.
    8. Such other information as is deemed necessary by the City Planner or Commission to verify conformance with the conditions of tentative approval.
  9. Procedure for final approval of partitions.
    1. The procedure for application and review of a request for final approval of a partition or replat of a partition shall be as set forth in Section 16.108.020(A) of this title. All such applications shall be accompanied by the certifications set forth in subsection G of this section.
    2. Upon the granting of final approval, the City Planner shall sign the plat and its exact copy.
    3. Upon signing, the City Planner shall deliver the plat and its exact copy to Lincoln County. The County Surveyor shall review the plat for conformance with the requirements of Section 16.100.060 of this chapter and the provisions of ORS 92.050-92.100.
    4. Upon approval of the County Surveyor, partition plats shall be delivered to the County Clerk for recording.
    5. The signature of the City Planner on a final partition plat shall be valid for a period of one (1) year. If a plat has not been recorded within one (1) year of the date of the City Planner's signature, the final approval of the plat by the City Planner, in accordance with subsection H of this section shall expire, and a new request for final approval shall be required.
  10. Procedure for final approval of replats.
    1. If the proposed replat involves three (3) lots or less and is for the purpose of lot boundary changes only, the procedure for review of final approval shall be as set forth in Section 16.108.020(A) of this title.
    2. If the proposed replat involves four (4) lots or more or includes changes to street right-of-ways, utilities, or any other features besides boundary lines, procedures for review of the final approval shall be as set forth in subsection K of this section.
    3. Following the signature of the City Planner or Planning Commission chairperson, the City shall deliver the replat and its exact copy to the Lincoln County Surveyor. The County Surveyor shall review the plat for conformance with the requirements of subsection H of this section and the provisions of ORS 92.050-92.080.
    4. Upon approval of the County Surveyor, subdivision replats shall be circulated for signing to the required officials and delivered for recording as required in subsections (K)(4) through (6) of this section.
  11. Procedure for final approval of subdivisions.
    1. When the City Planner determines that all of the certifications set forth in subsection H of this section have been met and that the plat conforms in all respects to the tentative plan as approved, consideration of the plat will be placed on the next scheduled meeting of the Planning Commission for determination that all requirements have been met. The Commission shall then approve, disapprove for cause, or, when further information is required, postpone a decision on the plat.
    2. Unless appealed in accordance with Section 16.108.020(H) of this title, the decision of the Planning Commission shall become effective fifteen (15) days after the decision is rendered, in accordance with Section 16.108.020(F) of this title. When the approval becomes effective, the Planning Commission chairperson shall sign the plat and its exact copy.
    3. Following the Planning Commission chairperson's signature, the City shall deliver the plat and its exact copy to the Lincoln County Surveyor. The County Surveyor shall review the plat for conformance with the requirements of subsection H of this section and the provisions of ORS 92.050-92.080.
    4. Upon approval of the County Surveyor, subdivision plats shall be circulated for signing to the following officials:
      1. The County Treasurer, whose signature shall certify that all taxes on the property have been paid;
      2. The County Assessor, whose signature shall certify that the plat is signed by the owner or owners of record.
    5. Upon signing by the County Treasurer and County Assessor, subdivision plats shall be delivered to the County Clerk for recording.
    6. The signature of the chairperson on a final subdivision plat shall be valid for a period of one (1) year. If a plat has not been recorded within one (1) year of the date of the signature, the final approval of the plat by the director, in accordance with subsection J of this section shall expire, and a new request for final approval shall be required.

16.100.060 Plat Requirements

  1. Requirements of survey plat. The surveys and plats of all subdivisions, partitions, and replats shall be made by a registered professional land surveyor and shall conform to the requirements of ORS 92.050-92.100 and ORS 209.250.
  2. Exceptions.
    1. Parcels created in excess of eighty (80) acres need not be shown on a partition plat; and
    2. Parcels in excess of ten (10) acres created by partition plat need not be surveyed or monumented.

16.100.070 Standards And Procedures For Property Line Adjustments

  1. Tentative approval.
    1. The procedure for application, review and tentative approval of property line adjustments shall be as set forth in Section 16.108.020(A) of this title.
    2. A property line adjustment shall be tentatively approved by the City Planner, if:
      1. No additional lots or parcels will be created;
      2. The subject lots, parcels, or tracts of land will not be reduced in size to below the minimum area required by the applicable use zone;
      3. The proposed lots, parcels or other tracts of land as adjusted will comply with any required minimum width requirement as set forth in the applicable use zone;
      4. The proposed property line adjustment will not reduce any yard or other setback below that required under applicable zoning;
      5. The proposed property line adjustment will not reduce the street or road frontage of the subject lots or parcels to below that required by this title;
      6. The proposed property line adjustment will not reduce any setback for an existing on-site sewage disposal system or approved replacement area below the required minimum; and
      7. The proposed property line adjustment shall not increase the degree of non-conformity on vacant lots, parcels, or tracts that do not conform to lot size, width, or depth requirements, or on developed lots if the increase in non-conformity results in adjacent property becoming further dividable. A proposed property line adjustment shall not increase the degree of non-conformity for required yards.
    3. Notwithstanding the above, an existing lot or parcel may be reduced in area or building setbacks through a property line adjustment provided that:
      1. The lot or parcel to be reduced in area is developed with residential, commercial or industrial structural improvements; or
      2. The reduction in area is necessary to resolve a boundary discrepancy, hiatus or encroachment; or,
      3. The reduction in area is necessary to comply with an applicable setback or other dimensional standard established by this chapter or other applicable law; or,
      4. The reduction in area results from acquisition or condemnation for right-of-way or other public purpose.
    4. Tentative approval of a property line adjustment is valid for a period of one (1) year. If no request for a time extension is received by the City within one year of the date of tentative approval, the tentative approval shall expire. A tentative approval may be extended by the City Planner for a period of one (1) year upon request of the applicant.
  2. Final Approval.
    1. The procedure for application, review and final approval of property line adjustments shall be as set forth in Section 16.108.020(A) of this title.
    2. Final approval of a property line adjustment shall be granted upon submittal of the following:
      1. A copy of a filed survey of the property line adjustment in accordance with ORS 92.060(7) which is in substantial conformance with the tentative approval, except that property line adjustments where all lots, tracts or parcels affected are greater than ten (10) acres need not be surveyed or monumented;
      2. Copies of recorded conveyances conforming to the tentatively approved property line adjustment and containing the names of the parties together with proper acknowledgment.
      3. Such other documentation as may be required by the City Planner to verify conformance with any requirements or conditions of the tentative approval.

16.100.080 Property Line Adjustments In Subdivisions And Partitions

  1. Except as provided for herein, all property line adjustments within recorded plats shall be accomplished by replatting in accordance with Section 16.100.050 of this chapter.
  2. Property lines within a recorded plat may be adjusted in accordance with the procedure for property line adjustments set forth in Section 16.100.070 of this chapter rather than by replatting, when the City Planner determines that:
    1. The property line or lines to be adjusted will not result in a substantial reconfiguration of the affected lots or parcels; and
    2. The property line or lines to be adjusted will not result in an increase in lots.
    3. All of the other requirements for property line adjustments set forth in Section 16.100.070(B) of this chapter will be met.

16.100.090 Modifications

  1. If the Council finds that a hardship to the developer will result from strict compliance with these regulations, it may modify them provided that the following exists:
    1. The City's purposes of this code and comprehensive plan will be fulfilled without a strict application of these regulations; and
    2. The modification will not be detrimental to property in the surrounding area.
  2. No modifications may be granted to the procedural requirements of this article.
  3. In granting modifications, the Planning Commission may recommend such conditions as will, in its judgement, secure substantially the objectives of the standards or requirements so modified.
  4. Requests for modifications shall be made in writing at the time of application for tentative approval.

16.100.100 Street Width And Improvement Standards

  1. Street Widths.

    Type of StreetMin. Right-of-Way Width
    Min. Surface Width
    1. Collector streets and all business streets other than arterials:
    60' - 80' +
    36' – 48' +
    2. Local streets in residential areas:
    56' ++
    28' ++
    3. Circular ends of cul-de-sacs:
    90' +++
    70' +++
    4. Hammerheads:
    ++++
    ++++
    Notes: + The City may require a width within the limits shown based upon adjacent physical conditions, safety of the public and the traffic needs of the community. The standard street section for collector and business streets is two 16-22' travel lanes, 2' curb and gutter, 5' sidewalk and 7' utility strip. This may be altered upon approval by the Waldport Public Works Department, utility companies, and the Planning Commission. ++ The standard street section for local streets is two 14' travel lanes, 2' curb and gutter, 5' sidewalk and 7' utility strip. This may be altered upon approval by the Waldport Public Works Department, utility companies, and the Planning Commission. +++ Measured by diameter of circle constituting circular end. ++++ Hammerheads will be of such width and length as to allow for adequate turn-a-round of all emergency vehicles as determined by the Public Works Director and the Central Oregon Coast Fire and Rescue District.
  2. Improvements. Improvements shall have the following minimum standards unless increased at the request of the City Engineer:
    1. Street lighting. Adequate street lighting shall be provided and arranged in cooperation with the Central Lincoln P.U.D.; and
    2. Streets, sidewalks and service driveways shall conform to standards established under City code or resolution adopted by the City Council.

16.100.110 Dedication Of Public Streets

  1. Any person wishing to create a public street shall make written application to the City Council. The application shall consist of a letter addressed to the Council requesting acceptance of the dedication, a deed with exact description of the proposed dedication signed by all owners of the property being dedicated, and a map showing the proposed street and property intended to be served by the street. The City Council may refer the application to the following:
    1. The City Engineer and Public Works Director, who shall check the proposal for grade and conformance to acceptable street standards;
    2. The County or other surveyor, who shall check the description for accuracy;
    3. The County assessor's office, which shall determine that the taxes are paid on the property being dedicated; and
    4. The City Planning Commission which shall determine that the street is not in conflict with the City comprehensive plan nor any adjacent approved tentative plans, plats or maps.
  2. These reports shall be forwarded to the Waldport City Council. If the Council approves the dedication, the executed dedication document shall then be recorded. A public street will not be maintained by the City unless that street is accepted by the City for maintenance.

16.100.120 Procedure For Insuring Completion Of Streets And Utilities

  1. The developer's engineer shall prepare cost estimates on completion of streets and/or utilities. Street cost estimates shall be based on street standards as designated in Section 16.100.100 of this chapter. Sewer and water estimates shall be based upon designs approved by the State Board of Health or other authorized State agency. All cost estimates shall be stamped or sealed by the engineer who prepared them.
  2. All estimates shall be submitted to the Waldport CAO. Copies of street and sewer and/or water service estimates shall be reviewed by the City Engineer and approved or modified.
  3. Following City Engineer review, the CAO shall notify the developer as to the amount of the bond or other performance agreement required and as to any changes necessary for bond acceptance.
  4. The developer shall submit the bond or performance agreement to the City Council for approval.
  5. Upon completion of construction of streets and utilities, the applicant's engineer shall certify that such improvements are built to the standards approved. This certification of completion shall be submitted prior to the release of any bond performance agreement.