Washington County Unincorporated
City Zoning Code

ARTICLE VI

LAND DIVISIONS AND PROPERTY LINE ADJUSTMENTS

600 - INTRODUCTION

Article VI establishes applicable review procedures and approval criteria for Land Divisions and property line adjustments in unincorporated Washington County.

A "Middle Housing Land Division," allowable in urban residential districts only, is an action distinct from other types of land divisions per Oregon law. For purposes of this Code, the terms "Standard Land Division," "Standard Subdivision," and "Standard Partition" are used in reference to land divisions that are subject to Sections 601, 602, 603 and either 605 or 610—these are not Middle Housing Land Divisions. Middle Housing Land Divisions are subject to Section 606 and not to other standards of this Article.

(Ord. No. 890A, § 2.A.(Exh. 1, § 27.), 2-7-23, eff. 3-9-23)

600-1

Intent and Purpose

The intent of Article VI is to provide regulations for land divisions and property line adjustments in unincorporated Washington County to:

Protect and provide for the public health, safety and general welfare;

Guide future growth and development in accordance with the Comprehensive Plan;

Secure protections against fire, flood, and other danger;

Establish reasonable design standards and procedures for division of land and changes to property boundaries to further the orderly layout and use of land and ensure proper legal descriptions and monumenting of lots, parcels and property lines;

Ensure that public facilities are available with adequate quality and capacity;

Encourage the conservation of energy resources and provide the opportunity for utilization of solar energy through protection of solar access; and

Encourage safe and convenient pedestrian and bicycle access.

(Ord. No. 890A, § 2.A.(Exh. 1, § 27.), 2-7-23, eff. 3-9-23)

601 - APPLICABILITY

Standard Land Divisions, Middle Housing Land Divisions, and property line adjustments are subject to County approval under this Article.

601-1

Standard Land Divisions and Property Line Adjustments

601-1.1

The provisions of Sections 601, 602, and 603 shall apply to all Standard Land Divisions, and all property line adjustments, except as otherwise specified in this Article.

601-1.2

Additionally, Standard Land Divisions and property line adjustments are subject to the following:

Inside an urban growth boundary—Section 605

Outside an urban growth boundary—Section 610

601-1.3

In addition to the standards listed above, all Standard Land Divisions and property line adjustments shall comply with the applicable standards and requirements of the Community Plans, the Rural/Natural Resource Plan, and the Transportation System Plan listed below. Section 390-3 in the North Bethany Subarea Overlay District identifies additional standards and requirements from the Bethany Community Plan that are also applicable to development in the North Bethany Subarea of the Bethany Community Plan. Section 391 in the Bonny Slope West Subarea Overlay District identifies additional standards and requirements from the Cedar Hills - Cedar Mill Community Plan that are applicable to development in the Bonny Slope West subarea.

Community Plan Provisions:

(1)

General Design Elements;

(2)

Subarea Provisions, including the Design Elements and Area of Special Concern and Potential Park/Open Space/Recreation Requirements;

(3)

Significant Natural Resource Designations;

(4)

Historic and Cultural Resource Designations;

(5)

Mineral and Aggregate Resource Designations (District A and B designations);

(6)

Major Bus Stop Designations;

(7)

Interim Light Rail Station Overlay Designations;

(8)

Local Street Connectivity Lands Designations;

(9)

Pedestrian Connectivity Areas;

(10)

Transportation Functional Classification Map;

(11)

Transportation Circulation Designations; and

(12)

Street Corridor, Arterial Access and Pedestrian System Designations.

Rural/Natural Resource Plan Provisions:

(1)

Significant Natural Resource Designations;

(2)

Historic and Cultural Resource Designations;

(3)

Mineral and Aggregate Resource Designations (District A and B designations);

(4)

Habitat Protection Plan;

(5)

Implementing Strategy E of Policy 10 (Implementing Oregon Department of Fish and Wildlife Habitat Protection Plan recommendations for Big Game Range areas within EFU, EFC, and AF-20 land use districts); and

(6)

Transportation Functional Classification Map.

Comprehensive Framework Plan for the Urban Area

(1)

Policy 41, Urban Growth Boundary Expansions

The Transportation System Plan

(1)

Goals 2, 3, 4, 5, 6, 7, 8, 9 and 11, including their implementing objectives and strategies;

(2)

The Functional Classification System Map;

(3)

The Lane Numbers Map;

(4)

The Special Area Street Overlay Map;

(5)

The Transit System Map;

(6)

The Bicycle System Map; and

(7)

The Pedestrian System Map.

(Ord. No. 890A, § 2.A.(Exh. 1, § 28.), 2-7-23, eff. 3-9-23; Ord. No. 903, § 2.M.(Exh. 13, § 21.), 10-15-24, eff. 11-14-24)

601-2

Middle Housing Land Divisions

601-2.1

Section 606 shall apply to all Middle Housing Land Divisions. Sections 601-1, 602 and 603 do not apply to a Middle Housing Land Division.

601-2.2

In accordance with ORS 197.360 a Middle Housing Land Division is not a land use decision, a limited land use decision or a permit.

(Ord. No. 890A, § 2.A.(Exh. 1, § 28.), 2-7-23, eff. 3-9-23)

602 - GENERAL PROVISIONS FOR STANDARD LAND DIVISIONS AND PROPERTY LINE ADJUSTMENTS

602-1

Filing and Recording

602-1.1

All Standard Land Divisions shall be created by a Subdivision or Partition plat and must comply with ORS Ch. 92. All property line adjustments shall be executed by deed and must comply with ORS Ch. 92. Within 2 years of final review and approval, all final plats for Standard Land Divisions shall be filed and recorded with the Department of Assessment & Taxation, except as required otherwise for the filing of a plat to lawfully establish an unlawfully created unit of land.

Plats to lawfully establish unlawfully created units of land must be recorded within 90 days of the county's validation of the property - Section 216. Within four years of approval, all deeds necessary to execute a property line adjustment shall be recorded with the Department of Assessment & Taxation.

602-1.2

Prior to acceptance of a final Standard Subdivision or Standard Partition plat for recording by the Department of Assessment & Taxation, Recording Division, a copy of all supplemental information that must be recorded, such as restrictive covenants, shall be attached to the final plat. Supplemental information that is required to be recorded shall be recorded immediately after recording the plat. The county clerk shall note the document recording numbers on the plat.

602-1.3

All Standard Subdivision plats shall be approved and signed by the County Surveyor, the County Assessor, and the Chairperson or Vice-Chairperson of the Board of Commissioners prior to recording.

602-1.4

Section 602 does not apply to a Middle Housing Land Division as defined in Section 106 (see Section 606).

(Ord. No. 890A, § 2.A.(Exh. 1, §§ 1., 29.), 2-7-23, eff. 3-9-23)

602-2

Expiration

The final approval for a Standard Land Division shall expire after 2 years, and the approval for a property line adjustment shall expire after 4 years, unless prior to expiration:

The Standard Land Division or property line adjustment has been filed and recorded (as approved); or

An extension according to the provisions of Section 201-5 has been requested; or

Development has commenced pursuant to Section 201-6.

(Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

602-3

Subsequent Standard Land Divisions and Property Line Adjustments

Standard Land Division

A Standard Land Division with preliminary approval may be revised in accordance with Section 602-5 (Minor Revisions to Preliminary Approved Land Divisions). A Standard Land Division with final approval is subject to Section 602-6 (Revisions to Standard Land Divisions with Final Approval).

Once final approval is obtained, no subsequent Standard Land Division may be approved on the same development site prior to filing and recording in accordance with Section 602-1.1, unless the final approval has expired in accordance with Section 602-2, or is revoked in accordance with Section 201-7, withdrawn, or otherwise invalidated.

Property Line Adjustment

No subsequent Standard Land Division or property line adjustment may be approved on the same lot or parcel until the previously approved property line adjustment has been filed and recorded in accordance with the provisions of Section 602-1, or the previous approval expires in accordance with Section 602-2, or is revoked in accordance with Section 201-7, withdrawn, or otherwise invalidated.

(Ord. No. 889A, § 2.C.(Exh. 3, § 19.), 2-7-23, eff. 3-9-23)

602-4

Recordation Prior to Sale

No lot or parcel created by Standard Land Division shall be sold prior to filing and recording as specified in Section 602-1.

(Ord. No. 889A, § 2.C.(Exh. 3, § 19.), 2-7-23, eff. 3-9-23)

602-5

Minor Revisions to Preliminary Approved Standard Land Divisions

602-5.1

Minor revisions to a preliminary approval for a Standard Land Division may be made through a Type I procedure for the following:

Lot dimensions;

Street locations;

Lot patterns;

Density decreases;

Phasing of the development, including the addition of phasing or adjusting approved phasing, subject to Section 602-5.2 G.;

Inclusion of a gated private street, subject to Section 409-4.6; and

Adjustments to parent lot(s) or parcel(s) property lines, in accordance with the applicable provisions in Section 605 or Section 610.

602-5.2

Minor revisions shall meet the following standards:

Streets within a development that abut an adjacent property or an exterior adjacent street shall not be relocated more than one-half the width of the right-of-way, easement or tract; or relocated so they abut a different property than approved in the preliminary plat approval, or as required in the primary district;

Stub streets within a development that abut an adjacent property or an exterior adjacent street shall not be changed to permanent "dead-end" streets (e.g., cul-de-sac or hammerhead) within the development;

Permanent "dead-end" streets within a development shall not be changed to a stub street which abuts an adjacent property or connected to an exterior adjacent street;

The revisions shall comply with the circulation standards of this Code. However, where connections were approved as direct, they must remain direct. Where connections were approved as circuitous, they must remain circuitous. The street network must maintain the planned functional classification of new and existing roads in the area. No modification to the review standards of Section 408 is allowed;

Density decreases shall not exceed 5% and must meet the minimum density standards required in the applicable land use district;

Lot dimensions and lot patterns: Minor changes to lot dimensions and lot patterns may occur, but the overall lotting pattern shall remain the same as the original.

No deferment, exemption or exception of Article V services is allowed when phasing is added to accommodate a property line adjustment after preliminary approval. Applications shall demonstrate that required Article V public services and facilities are provided for each property subject to a property line adjustment.

602-5.3

All other revisions shall be processed as a new application and shall be subject to the standards that are in effect at the time the new application is submitted.

(Ord. No. 855, § 2.A.(Exh. 1, § 26), 8-6-19, eff. 11-28-19; Ord. No. 889A, § 2.C.(Exh. 3, § 19.), 2-7-23, eff. 3-9-23; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

602-6

Revisions to Standard Land Divisions with Final Approval

Revisions to a Standard Partition or Standard Subdivision which has received final approval, with the exception of Standard Land Divisions for the creation of nonfarm parcels pursuant to Section 602-7, shall be processed as a new application and shall be subject to the standards that are in effect at the time the new application is submitted.

(Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

602-7

Relocation of Access(es) for a Final Approved Standard Partition for Nonfarm Parcels

For a final approved Standard Partition for the creation of a nonfarm parcel(s), a Type II procedure shall be used to process an application to relocate an approved access(es), including a private road, subject to the following:

No existing or final approved property lines can be relocated;

The access(es) can only be relocated on the property which was part of the initial application; and

The request complies with the standards of Subsection 501-8.5 F. (Sight Distance Standards).

(Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

602-8

Standards for Phased Developments

Within the 5-year total time period for recording approved phases of a development, unless the approved plan specifically identified dimensions and uses, new code standards for these requirements may be applied.

602-9

Waiver or Deferral of Requirement

If in the judgment of the Director, a requirement is not applicable, the Director may waive the requirement or defer the requirement to a later stage of development.

602-10

Special Assessments

No Standard Land Division or property line adjustment may be approved for land which is subject to special assessments for public improvements by Clean Water Services or Washington County, unless application has been made to the appropriate entity for division of those assessments under its ordinances or procedures. Applications for division of assessments and for division of land may be processed concurrently.

(Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

602-11

Survey and Monumentation Requirements

602-11.1

Property Line Adjustments

A common property line that is relocated through a property line adjustment shall be surveyed and monumented unless the affected parcels are greater than 10 acres.

When required, surveys shall be filed with the County Surveyor after filing and recording the necessary deeds with the Department of Assessment & Taxation Recording Division.

Recorded deed numbers must be shown on the record of survey.

602-11.2

Standard Partitions

Parcels created through a Standard Partition shall be surveyed and monumented in accordance with the requirements of ORS Ch. 92, with the exception of parcels greater than 10 acres which are created by a Standard Partition outside of the urban growth boundary.

602-11.3

Standard Subdivisions

Standard Subdivision plats shall be surveyed and monumented in accordance with the requirements of ORS Ch. 92.

(Ord. No. 833, § 2.A.(Exh. 1, § 9), 8-7-18, eff. 9-6-18; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

603 - SUBDIVISION COMMITTEE

603-1

The Director may establish a Subdivision Committee to act in a technical advisory capacity for the review of urban and rural Standard Land Division applications that involve the creation of a public or private street or road. The Subdivision Committee shall meet when a meeting is called by the Director. Section 603 does not apply to a Middle Housing Land Division application.

(Ord. No. 890A, § 2.A.(Exh. 1, § 30.), 2-7-23, eff. 3-9-23)

603-2

The Subdivision Committee shall consist of representatives of appropriate county departments, service providers, and other appropriate or affected departments or agencies. The Subdivision Committee may request any information from any affected municipality, district, department, other governmental agency or county department or agency which will aid in the performance of its duties.

603-3

The Subdivision Committee shall review preliminary Standard Subdivision plats and Standard Partition plats that involve the creation of a street or road when required by the Director. The Subdivision Committee shall then make recommendations to the appropriate Review Authority as to the compliance of such plats and applications to the provisions of this Code.

(Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

603-4

The Director may schedule a Subdivision Committee meeting with an applicant or an applicant's agent(s). Representatives of other affected governmental entities or of county departments or agencies may, and shall be encouraged to attend the conferences.

605 - STANDARD LAND DIVISIONS AND PROPERTY LINE ADJUSTMENTS INSIDE AN URBAN GROWTH BOUNDARY

605-1

Property Line Adjustment (Property Line Relocation)

A property line adjustment is the relocation or consolidation of a common boundary line between two or more abutting properties where an additional lot or parcel is not created.

605-1.1

General Limitations

Property line adjustments are limited as follows:

(1)

Existing lots or parcels reduced in size by a property line adjustment may not be reduced below the minimum lot size established by the applicable land use district, unless authorized by Section 605-1.1 B.

(2)

For property line adjustments on lots or parcels with two or more land use districts, the minimum lot size shall be based on the predominant land use district of the parcel.

Property Line Adjustments Permitted Through a Type I Procedure

Property line adjustments shall be processed through a Type I procedure, unless otherwise specified in this Code, provided that:

(1)

Both properties meet or exceed the minimum lot or parcel size for the applicable district; or

(2)

Equal land areas are exchanged; or

(3)

For properties entirely outside the boundary of a city, one or both of the abutting properties are smaller than the minimum lot or parcel size for the applicable district before the property line adjustment and, after the adjustment, one is as large as or larger than the minimum lot or parcel size for the applicable district; or

(4)

For properties entirely outside the boundary of a city, both abutting properties are smaller than the minimum lot or parcel size for the applicable district before and after the property line adjustment.

605-1.2

Submission Requirements

In addition to the requirements of Section 203-4, all applications for a property line adjustment shall include the following:

Name(s), address(es) and telephone number(s) of the owner(s), agent(s) and surveyor(s).

A plot plan showing:

(1)

All existing and proposed property lines;

(2)

All existing and proposed structures;

(3)

Existing and proposed easements;

(4)

The location of any floodplain, drainage hazard areas and other areas subject to flooding or ponding; and

(5)

The location of any water quality sensitive areas and vegetated corridors.

Existing and proposed lot sizes.

605-1.3

Review Standards

The proposed property line adjustment must be found to comply with the applicable provisions of this Code and the applicable Community Plan, including the definition set forth above and the dimensional requirements of the district except as described in Section 605-1.1 B. No property line adjustment shall result in a boundary line that violates the setback standards of the applicable land use district unless a variance to the setback is approved. Property line adjustments shall comply with Section 501-8.5 (Access to county and public roads) except as provided in this subsection. Property line adjustments for parcels or lots which do not meet the sight distance standards of Section 501-8.5 F., (including existing accesses), shall be approved if the parcel or lot's sight distance is not decreased as a result of the property line adjustment.

605-1.4

Survey Requirements

As set forth in Section 602-11.

605-1.5

Filing and Recording

As set forth in Section 602-1.

(Ord. No. 866, § 2.C.(Exh. 3, § 25), 9-1-20, eff. 10-1-20)

605-2

Urban Standard Land Divisions (Partitions and Subdivisions)

Land within the urban unincorporated portions of Washington County may be divided through a Standard Partition or Standard Subdivision plat. To partition land means to divide a unit of land into two or three parcels within a calendar year. To subdivide land means to divide a unit of land into four or more lots within a calendar year. A Standard Partition or Standard Subdivision may or may not involve the creation of a street or road.

Standard Subdivisions and Standard Partitions are subject to the general standards of the land use districts, the applicable development standards of Article IV, the applicable standards of Article V (Public Facility and Service Requirements) and the provisions of this Article, including standards in Section 605-3 (Development Standards for Urban Standard Land Divisions). Section 605 does not apply to a Middle Housing Land Division (see Section 606).

605-2.1

Procedures

Standard Partitions and Standard Subdivisions shall be processed through a two-step process consisting of a preliminary review and a final review.

Preliminary Review:

The preliminary review of a Standard Partition or Standard Subdivision shall:

(1)

Be through a Type I procedure when in an approved Special Industrial Overlay District (SID) and in conformance with the approved SID - Section 377;

(2)

Be through a Type II procedure when no variance from the standards of this Code is required; or

(3)

Be through a Type III procedure when a variance from the applicable standards of this Code is required or when required by the applicable Community Plan or when in conjunction with a Type III development.

(4)

Expire automatically four years from the date of approval unless prior to expiration:

(a)

A request for final review, which includes all required information, is filed with the County; or

(b)

A request for an extension is filed with the County pursuant to Article II; or

(c)

Development is commenced pursuant to Section 201-6. If the Director determines that development has commenced prior to final approval, the preliminary review shall expire five years from the date of approval unless final approval is granted.

For approved phased developments, preliminary approval for the first and each subsequent phase shall expire two years from the date final approval was issued for the previous development phase(s) unless development has commenced or an application for an extension is filed for a particular phase.

Final Review:

Final review of a Standard Partition or Standard Subdivision shall be through a Type I procedure, unless otherwise specified by the Review Authority in the preliminary approval. Final approval shall be granted prior to approval of the Standard Partition or Standard Subdivision plat by the County Surveyor.

605-2.2

Review Standards

Preliminary Review:

The proposed Standard Partition or Standard Subdivision shall be reviewed for compliance with the applicable provisions of this Code, including Section 601-1.

Final Review:

(1)

The request for final approval of a Standard Partition or Standard Subdivision shall be reviewed for consistency with the preliminary approval and shall comply with the standards and conditions of the preliminary approval.

(2)

Any request for final approval submitted prior to expiration, but the expiration date subsequently passes and final approval is not granted for lack of the required information, shall be denied if the required information is not submitted within 60 days of expiration. In this situation, the preliminary approval has expired and shall be null and void.

Notwithstanding any other provisions, a proposed Standard Subdivision or Standard Partition shall comply with all applicable provisions of State law.

605-2.3

Submission Requirements for Preliminary Review of Urban Standard Land Divisions

In addition to the requirements of Section 203-4 and the applicable requirements of Article IV, all applications for Standard Partitions and Standard Subdivisions shall include the following information. The preliminary plat and other drawings shall accurately represent all graphic data to scale. Drawings showing other information not shown on the preliminary plat shall be drawn to the same scale as the preliminary plat unless approved otherwise by the Director.

A preliminary plat which includes the following:

(1)

A graphic representation of the Standard Land Division drawn to scale which is noted on the drawing. In all cases the scale used shall be standard, being 10, 20, 30, 40, 50, or 60 feet to the inch or multiples of 10 of any one of these scales;

(2)

Names and addresses of the owner(s) and, when applicable, names and addresses of the designer of the Standard Subdivision or Standard Partition, engineer or surveyor;

(3)

Date of preliminary plat preparation;

(4)

For Standard Subdivisions, the proposed name;

(5)

Existing streets or roads (public or private) - location; names; right-of-way and pavement widths on and abutting the site; and the location of existing and proposed access points;

(6)

Proposed streets or roads (public or private) - location, right-of-way and pavement widths, approximate radius of curves and approximate grades of proposed streets on the subject property and within 300 feet of the site. An outline plan illustrating a future street plan shall also be provided for all property adjacent to the proposed site, including all contiguous property under common ownership;

(7)

Easements - locations, widths, and purpose of all recorded or proposed easements in or abutting the proposed site;

(8)

Public utilities - location of all existing and proposed storm sewers, sanitary sewers and water lines;

(9)

Flood areas - the location of any floodplain, drainage hazard areas and other areas subject to flooding or ponding (see Sections 410 and 421);

(10)

Significant Natural Resources - the location of areas designated as a Significant Natural Resource on a Community Plan (see Section 422);

(11)

Lot dimensions - all existing property lines and their lengths and the approximate location and dimensions of all proposed lots or parcels;

(12)

Lot size - the minimum proposed lot or parcel size. For proposed lots or parcels that are within 5% of the district's minimum lot area, the proposed lot area shall be provided. The lot area for lots or parcels less than 1 acre in size shall be shown in square feet;

(13)

Existing structures - location and present use of all structures on the site and indication of which, if any, structures are to remain after platting;

(14)

Identification of land (e.g., lots or tracts) to be dedicated or reserved for any purpose, public or private, to distinguish it from lots or parcels intended for sale. Land not intended to be buildable shall be so identified; and

(15)

The location of any water quality sensitive areas and vegetated corridors.

Location, size and species of trees 6 inches or greater in caliper DBH. The general location of trees less than 6 inches in caliper DBH shall also be shown. This information may be shown on the preliminary plat provided all information is legible.

Preliminary utility plans for sewer, water, storm drainage, and street lighting for new public streets. This information may be included on the preliminary plat provided all information is legible;

Supplemental information - including deed restrictions, if any; and a statement of ownership, use, conditions or limitations and responsibility for maintenance of all nonbuildable areas or tracts, or areas or tracts to be dedicated or reserved for public use.

605-2.4

Submission Requirements for Final Review of all Standard Land Divisions

Requests for final review of a Standard Subdivision or Standard Partition shall be submitted within 4 years of preliminary approval and shall include the following information:

Necessary copies of the final plat which shall include the following information:

(1)

The location, right-of-way, width and centerline of all streets within the boundary of the site;

(2)

All existing and proposed easements shall be shown and shall be clearly identified as to intended purpose. The width of the easement, its length and bearing and sufficient ties to locate the easement with respect to the plat shall be shown;

(3)

The name of new streets as approved by the County Surveyor;

(4)

Identification of land (e.g., lots or tracts), to be dedicated or reserved for any purpose, public or private, to distinguish it from lots or parcels intended for sale. Land not intended to be buildable shall be so identified;

(5)

A declaration as required by ORS Ch. 92.075;

(6)

A non-graphic notation on the plat of any floodplain or drainage hazard area, including the floodplain or drainage hazard area elevation and the affected lots or parcels; and

(7)

Plat restrictions required in the preliminary approval.

Supplemental information, including but not limited to:

(1)

A copy of any proposed deed restrictions.

(2)

Dedication deeds requiring separate documents.

(3)

Warranty deeds conveying property to the county, the State of Oregon or other public agency.

(4)

Certification that public street improvement construction plans have been approved by the Engineering Division and the applicant has either:

(a)

Installed all improvements required pursuant to the provisions of the preliminary approval and this Article; or

(b)

Executed an agreement accompanied by the financial assurance as provided by Section 501-8.6 for public improvements.

(5)

For private streets, any documentation required by Section 409-3.4.

(6)

Provisions for access to and maintenance of off-right-of-way drainage, if any.

Convey to Washington County by fee title a 1-foot non-access tract at the terminus of all on-site public stub streets, if any.

For new public streets, certification of a street lighting plan approved by the county Engineering Division and meeting the materials and installation requirements of the electrical utility company providing service to the area.

605-2.5

Survey Requirements

As set forth in Section 602-11.

605-2.6

Filing and Recording

Final plats shall be filed and recorded as set forth in Section 602-1.

(Ord. No. 855, § 2.A.(Exh. 1, § 27), 8-6-19, eff. 11-28-19; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

605-3

Development Standards for Urban Standard Land Divisions

In addition to the other standards in this Code, the following standards shall apply to all Standard Land Divisions within the urban unincorporated portions of Washington County.

605-3.1

Sewers

Sanitary sewer plans shall conform to the standards and specifications adopted by the Board of Directors of the Clean Water Services of Washington County. Sewer lines shall be installed to serve all properties within the boundaries of the Standard Subdivision or Standard Partition except as permitted otherwise by Section 501-2.1, 501-4, or 501-5.

605-3.2

Storm Drainage Systems

Storm drainage systems shall provide for the adequate drainage of surface water on and crossing a site. Storm drainage systems include, but are not limited to, ditches, pipes, inlets, creeks, rivers and detention facilities. Storm drainage systems may be located within public rights-of-way; easements or tracts for public travel, including private streets; drainage easements; and tracts of common ownership. Drainage plans and street plans shall indicate the direction of storm drainage flow.

Storm drainage systems shall:

(1)

Be approved by the county;

(2)

Be constructed and installed throughout the development site to carry off water from all inlets and catch basins;

(3)

Be connected to a discharge facility which may include detention and retention basins or other storage facilities as may be found appropriate by the county;

(4)

Provide extension to the boundaries of the development site to facilitate pickup of all stormwater runoff from all portions of the drainage basin lying above and naturally draining through the development site. Sufficient capacity shall be provided to carry such stormwater through the development's storm drainage system to a storm drainage facility; and

(5)

Conform to any official drainage master plan adopted by the Board.

Provisions for the access and maintenance of storm drainage facilities that are not located in a public right of way shall be provided as required by the Clean Water Services and in accordance with adopted county standards. An easement or tract with adequate width for access and maintenance of drainage facilities shall be provided.

Copies of design computation of the stormwater system shall be provided for review and approval by the county.

If a development site is traversed by a water course, drainageway, channel or stream, the development shall:

(1)

Include retention and detention basins when part of an approved drainage plan and;

(2)

Provide an easement or tract over the water course, drainage way, channel or stream for drainage or stormwater purposes. The easement or tract shall:

(a)

Substantially conform to the boundaries of the water course, drainage way, channel or stream at design flood, except as permitted by Section 421; and

(b)

Provide adequate width for access and maintenance of drainage facilities.

605-3.3

Streets and Street Improvements

Street improvements may include, but not be limited to, street construction; grading; surfacing; curbs and gutters; sidewalks and bicycle facilities; street trees; utilities; and fire, water, storm and sanitary sewer facilities. Construction, installation or repair shall be in accord with the adopted Washington County Road Standards and this Code;

Stormwater inlets, catch basins and fire protection facilities shall be constructed and installed in the right-of-way at points approved by the county;

Street plans shall indicate the direction of storm drainage flow along all curbs;

Streets shall be designed and constructed to be compatible in character, width, grade and alignment with the overall design of the streets which abut the proposed development. Where streets are a continuation or projection of existing streets the centerline shall be continuous;

The adopted Transportation System Plan shall prevail in location, course, grade and widths of streets. Where there is a conflict between the Transportation Plan and existing street pattern, the Transportation System Plan shall prevail;

The minimum right-of-way of streets shall comply with the adopted Transportation System Plan;

All developments shall comply with adopted county sight distance standards;

Streets, existing and future, shall:

(1)

Be consistent with the standards of Section 408 (Neighborhood Circulation);

(2)

Provide for general public convenience and safety in the areas to be served;

(3)

Not allow the intersection of more than two streets at any one point;

(4)

Be designed to encourage safe and efficient traffic flow;

(5)

Be designed to discourage through traffic on minor streets; and

(6)

A Local or Neighborhood Route street may be established which exceeds the maximum county standard for cul-de-sac length when the street is planned to be ultimately connected to another public street and meets Fire Marshal approval for adequate terminus;

All Local and Neighborhood Route stub streets which abut a proposed development site shall be extended within the site to provide through circulation when not precluded by environmental or topographic constraints, existing development patterns, or strict adherence to other standards of this Code;

At street intersections, the property line shall be rounded by an arc bearing a radius of not less than 15 feet. However, when an arterial street is an intersection street, the arc shall bear a radius of not less than 25 feet. Property lines at arterial street intersections, or at other locations where the Review Authority anticipates traffic hazards or congestion, shall be designed for a greater radius as may be necessary to alleviate such hazards; and

County and public streets shall not be gated or barricaded except when required by the Director to address an operational or safety issue or as permitted by Section 431-4.2 E (2).

605-3.4

Public Utilities

Utility lines for telephone, gas, cable television and electric services, which serve more than one lot or parcel, shall conform to ORS Ch. 92 and be placed in easements as set forth in Section 605-2.4 A.(2). All utilities shall be underground except as approved through Section 416;

All conduits and cables for cable television, gas and electric service lines shall be placed within easements or rights-of-way in a manner which does not conflict with other underground services and in compliance with adopted road standards;

Transformers shall be located in a manner not hazardous to the public or unsightly in appearance; and

The Board of Commissioners may, by resolution and order or ordinance, promulgate rules and regulations governing location of public utilities.

605-3.5

Sidewalks

Sidewalks shall be provided as required in Articles IV and V.

605-3.6

Lots or Parcels

Double-frontage lots or parcels shall be prohibited unless the Review Authority finds:

(1)

They are essential to provide separation of existing or proposed residential uses from Collectors or Arterials or adjacent nonresidential activities; and/or

(2)

They are needed to overcome specific disadvantages of topographical orientation.

An additional lot depth may be required by the Review Authority on double frontage lots.

Wherever possible, side lot lines shall be at right angles or radial to the street on which the lots face except where lots abut a cul-de-sac or hammerhead street terminus.

Remnant lands which cannot meet Code requirements shall be added to adjacent lots or parcels, not left as unusable parcels unless such lands are designated as permanent open space.

Lots or parcels intended to be buildable which abut a watercourse, drainageway, channel or stream may be required to have additional width or depth to provide a building site which meets Code requirements. In addition, the Review Authority may require dedication of a portion of this land for pedestrian ways or bicycle paths.

605-3.7

Blocks

Length, width and shape of blocks shall be designed to provide adequate building sites for proposed uses, convenient motor vehicle, pedestrian, bicycle and transit access, control of traffic circulation and provision for maximum advantage of topography and other natural characteristics.

Blocks shall not exceed 600 feet in length and 1,800 feet in perimeter, except as allowed through the provision of Sections 408-5 and 408-6.

605-3.8

Easements

Sewer, water, utility or planting easements shall be sized as deemed appropriate by the Review Authority.

(Ord. No. 890A, § 2.A.(Exh. 1, §§ 1., 31.), 2-7-23, eff. 3-9-23)

606 - MIDDLE HOUSING LAND DIVISION

A lot within the R-5, R-6, R-9, R-15, R-24, R-25+, R-6 NB, R-9 NB, R-15 NB, TO:R9-12, TO:R12-18 or TO:R18-24 district may be divided through a Middle Housing Land Division to create a separate lot or parcel for exactly one Middle Housing unit each, subject to compliance with applicable standards of Article III (Land Use Districts), Article IV (Development Standards), Article V (Public Facility and Service Requirements) and Section 606 of this Article.

(Ord. No. 890A, § 2.A.(Exh. 1, § 32.), 2-7-23, eff. 3-9-23)

606-1

Application Completeness, Notice, Comment Period

606-1.1

Completeness

If the application for a Land Division is incomplete, the County shall notify the applicant of exactly what information is missing within 21 days of receipt of the application and allow the applicant to submit the missing information. For purposes of computation of time under this Section, the application shall be deemed complete on the date the applicant submits the requested information or refuses in writing to submit it.

If a Middle Housing Land Division application is complete when first submitted, or the applicant submits the requested additional information within 180 days of the date the application was first submitted, application approval or denial shall be based on standards and criteria in effect when the application was first submitted.

606-1.2

Notice of complete application

The County shall provide written notice of the receipt of a complete Middle Housing Land Division application to:

(1)

Any state agency, local government or special district responsible for providing public facilities or services to the development;

(2)

The Community Participation Organization whose boundaries include the site; and

(3)

Owners of property within 100 feet of the proposed Middle Housing Land Division site. The notification list shall be compiled from the most recent property tax assessment roll. For purposes of appeal to the Hearings Officer, this requirement shall be deemed met when the County can provide an affidavit or other certification that such notice was given.

The required notice shall include:

(1)

The street address or other easily understood geographical reference to the subject property;

(2)

The time and place where copies of all evidence submitted by the applicant will be available for review;

(3)

The applicable criteria for the Middle Housing Land Division decision;

(4)

A brief summary of the County's decision-making process for the Middle Housing Land Division decision;

(5)

The address for submitting written comments, and the closing date of the 14-day comment period, which shall conclude at the end of the Department of Land Use & Transportation's business day;

(6)

Notification that issue(s) which may provide the basis for an appeal to the Hearings Officer must be raised in writing prior to the end of the comment period, and with sufficient specificity to enable the County to respond to the issue(s); and

(7)

The name and telephone number of a County contact person.

(Ord. No. 890A, § 2.A.(Exh. 1, § 32.), 2-7-23, eff. 3-9-23)

606-2

Review of a Complete Application—Procedures and Timing

606-2.1

After the County has provided notice per Section 606-1.2, the County shall:

Provide a 14-day period for submission of written comments prior to the decision, consistent with Section 606-1.2 B.(5), above;

Make a decision within 63 days of receiving a completed application, based on whether the application satisfies applicable substantive requirements of this Code. An approval may include conditions to ensure that the application meets those requirements;

Issue a written determination of compliance or noncompliance with applicable land use regulations that provide the basis for the determination, and a summary statement explaining the determination;

Provide notice of the decision to the applicant and to those who received notice under Section 606-1.2 within 63 days of the date of a completed application. The notice of decision shall include:

(1)

The summary statement described in 606-2.1 C.; and

(2)

An explanation of appeal rights under Section 606-3.

606-2.2

The County shall not hold a hearing to make a decision on a Middle Housing Land Division application.

606-2.3

If the County decision on a Middle Housing Land Division application will exceed the 63-day limit applied under 606-2.1 B.:

Except as provided in B., below, the applicant may apply in Washington County circuit court for a writ of mandamus to compel the County to issue the approval. The circuit court decision may be appealed only to the Court of Appeals.

After seven days' notice to the applicant, prior to the expiration of the 63-day period, at a regularly scheduled public meeting the Board may take action to extend the 63-day time period to a date certain that is no more than 120 days after the application was deemed complete, for one or more Middle Housing Land Division applications. This extension shall be based on a determination that an unexpected or extraordinary increase in applications makes action within 63 days impracticable. In accordance with ORS 197.370, the decision to approve or not approve such an extension is not a land use decision or limited land use decision.

The applicant may still pursue the remedy provided under A., above, except that the extended period shall be substituted for the 63-day period.

(Ord. No. 890A, § 2.A.(Exh. 1, § 32.), 2-7-23, eff. 3-9-23)

606-3

Appeals—Procedures and Timing

606-3.1.

An appeal of the decision on a Middle Housing Land Division:

Shall be filed with the County within 14 days of the date the notice of decision was mailed.

Shall be accompanied by a deposit for costs.

May only be filed by:

(1)

The applicant; or

(2)

Any person or organization who files written comments in the 14-day period established under 606-1.2 B.(5).

A person or organization that provided written comments to the County but did not file an appeal may participate only with respect to the issues raised in the written comments submitted by that person or organization.

Shall be based solely on one or more of the following allegations:

(1)

Violation of the applicable substantive provisions of this Code;

(2)

Unconstitutionality of the decision;

(3)

Ineligibility of the application for review as a Middle Housing Land Division, and that it should be reviewed as a land use decision or limited land use decision (for example an urban Standard Land Division subject to compliance with land use standards of 601-1, 602, 603 and 605); or

(4)

That substantive rights of the applicant or applicable person/organization have been substantially prejudiced by the County due to an error in procedure.

Shall be decided by the Hearings Officer. The Hearings Officer:

(1)

Shall, within seven days of being appointed to decide the appeal, notify the following parties and advise them of the manner in which they may participate in the appeal:

(a)

The applicant;

(b)

The County:

(c)

The appellant if other than the applicant;

(d)

Any person or organization entitled to notice under Section 606-1.2 that provided written comments to the County; and

(e)

All providers of public facilities and services entitled to notice under Section 606-1.2.

(2)

May use any procedure for decision-making consistent with the interests of the parties to ensure a fair opportunity to present information and argument.

(3)

Shall provide the County an opportunity to explain the County's decision but is not limited to reviewing the County's decision and may consider information not presented to the County.

(4)

Shall apply the applicable substantive requirements of this Code. If the Hearings Officer determines that the application does not qualify as a Middle Housing Land Division based on those requirements, the Hearings Officer shall remand the application for consideration as a land use decision or limited land use decision. In all other cases, the Hearings Officer shall seek to identify means by which the application can satisfy the applicable requirements of this Code.

(5)

May not reduce the density of the Middle Housing Land Division application.

(6)

Shall, within 42 days of the date the appeal was filed, make a written decision approving or denying the application, or approving it with conditions designed to ensure it satisfies applicable substantive requirements of this Code.

(7)

May not remand the application to the County for any reason other than as set forth in this section.

The above noted time periods for filing and issuing a decision on an appeal are not included in the time period allowed under Section 606-2.1 for the initial decision.

606-3.2

Any party to a Middle Housing Land Division appeal decided by the Hearings Officer may seek judicial review in the Court of Appeals. The Land Use Board of Appeals does not have jurisdiction to consider Middle Housing Land Division decisions, aspects of decisions or actions.

(Ord. No. 890A, § 2.A.(Exh. 1, § 32.), 2-7-23, eff. 3-9-23)

606-4

Review of Middle Housing Land Divisions

A Middle Housing Land Division is subject to a two-step process involving separate reviews for tentative and final approval.

606-4.1

Tentative approval

Written and plan information shall be submitted by the applicant to demonstrate compliance with the requirements below. The application shall describe the manner in which the proposed Middle Housing Land Division complies with each of the provisions of Section 606. The preliminary plat and other drawings shall accurately represent all graphic data at the same scale, using a scale of 10, 20, 30, 40, 50, or 60 feet to the inch, or multiples of 10 of any one of these scales. The scale shall be included on drawings.

A Middle Housing Land Division application that includes the following shall be granted tentative approval:

(1)

A proposal for development of Middle Housing (a land use application distinct from a Middle Housing Land Division application), either previously approved or submitted for concurrent review and approval, in compliance with the following:

(a)

The Oregon Residential Specialty Code;

(b)

Standards of this Code applicable to Middle Housing and Middle Housing Land Divisions pursuant to:

(i)

Article III (Land Use Districts);

(ii)

Section 403-2 (Master Plan—Minimum Requirements for all Development);

(iii)

Section 406-6 (Mixed Solid Waste and Recyclables Storage Facilities);

(iv)

Section 407-7 (Urban Street Tree Standards);

(v)

Section 409 (Private Streets);

(vi)

Section 410 (Grading and Drainage);

(vii)

Section 413 (Parking and Loading);

(viii)

Section 416 (Utility Design);

(ix)

Section 418 (Setbacks);

(x)

Section 421 (Floodplain and Drainage Hazard Areas);

(xi)

Section 422 (Significant Natural Resources);

(xii)

Section 430-37 (Detached Dwelling Unit (Single) on Lot of Record, Middle Housing Duplex, and Type II Middle Housing);

(xiii)

Section 431 (Transit Oriented Design Principles, Standards and Guidelines); and

(xiv)

Article V (Public Facilities and Services).

NOTE: A previously approved proposal for development of Middle Housing that was designed for development on a single shared lot may lack certain provisions required for a Middle Housing Land Division, for example fire wall requirements applicable to attached units on separate lots per building code, spacing between buildings to accommodate minimum setbacks to newly proposed property lines (Article III), or separate utilities (606-4.1 B.(8), below).

An applicant who intends to develop units on a shared lot but retain potential to divide later should ensure that design of the Middle Housing development accommodates all building and spatial requirements needed for a Middle Housing Land Division.

(2)

Evidence of compliance with Section 606 and all Articles/Sections listed under 606-4.1 B.(1)(b) specifically as they apply to a Middle Housing Land Division.

(3)

Evidence demonstrating how buildings or structures on a resulting lot or parcel will comply with applicable building code provisions relating to new property lines and, notwithstanding the creation of new lots or parcels, how structures or buildings located on the newly created lots or parcels will comply with the Oregon Residential Specialty Code.

(4)

Plan information showing exactly one dwelling unit per resulting lot or parcel, except for lots, parcels or tracts used as common areas.

(5)

No housing that is not Middle Housing as defined in this Code.

(6)

Consistent with (4) and (5), above, for any existing Single Detached Dwelling Unit or Accessory Dwelling Unit to be retained:

(a)

Evidence within the Middle Housing development proposal required under Section 606-4.1 B.(1), that the unit meets the definition and applicable requirements of this Code for the Middle Housing type otherwise proposed onsite, and a written request for its consideration as such; and

(b)

Inclusion on its own separate lot within the Middle Housing Land Division.

See also 430-2 (Accessory Dwelling Unit) and 430-84 (Middle Housing) regarding existing dwellings and implications for a Middle Housing Land Division.

(7)

Evidence that no dwelling or accessory building, or any part thereof, is located on land within a significant natural resource, open space, scenic or historic resource area mapped in County Comprehensive Plan documents for protection consistent with statewide planning goals, or within a floodplain and drainage hazard area based on currently applicable FEMA and County maps.

(8)

Plans showing separate utilities for each dwelling unit, except to the extent that standards of Clean Water Services and/or County Building Services allow for shared storm or sanitary sewer system elements.

(9)

Plans showing proposed easements necessary for each dwelling unit for:

(a)

Locating, accessing, replacing and servicing all utilities;

(b)

Pedestrian access from each dwelling unit to a private or public road;

(c)

Any common use areas or shared building elements;

(d)

Any dedicated driveways or parking; and

(e)

Any dedicated common area.

Building permit applications for Middle Housing units may be submitted at the same time as an application for tentative approval of a Middle Housing Land Division. Regardless, building permits for new Middle Housing units shall not be issued before the final plat is recorded.

NOTE: Applicants who choose to submit building permit applications at the same time as a Middle Housing Land Division application should consult with Building Services about timing implications.

The applicant shall submit a preliminary plat showing:

(1)

Compliance with Section 606-4.1 B., above;

(2)

Names and addresses of the owner(s), engineer or surveyor, and, when applicable, the designer of the Middle Housing Land Division;

(3)

Date of preliminary plat preparation;

(4)

For a Middle Housing Land Division that is a Subdivision (four or more resulting Middle Housing lots), the proposed Subdivision name;

(5)

A scaled drawing of the Middle Housing Land Division (see Section 606-4.1 A.);

(6)

Locations and widths of existing access points, and any access points proposed through an application for development of Middle Housing (see Section 430-84 and Article V for driveway/access standards that apply to each Middle Housing type);

(7)

Existing and proposed improvements to meet Sufficient Infrastructure requirements for Middle Housing per Sections 106-210, 409, 410, 430-84, 431 and Article V (may be shown on separate plan drawings as necessary to show any required offsite improvements for Sufficient Infrastructure);

(8)

Existing and proposed streets/roads, public and private, on and abutting the site, including locations, widths, approximate curve radii and grades, street name(s), and associated right-of-way, tracts and easements, including but not limited to the following:

(a)

Existing right-of-way and necessary right-of-way dedications, along the entire site frontage where a parent lot or parcel abuts a public street, to meet Washington County Functional Classification standards as required for a Middle Housing Land Division under Articles III and V.

(b)

Public improvements and right-of-way to County standard, as required under Article V, where a lot resulting from a Middle Housing Land Division will front a public street, including preliminary utility plans for sewer, water, storm drainage, and street lighting for new public streets;

(c)

Private street improvements, as required under Section 409, where a lot resulting from a Middle Housing Land Division will front a private street;

NOTE: Vehicular access and internal streets/roads are not required for a Middle Housing Land Division, except as necessary for required compliance with standards that apply to the associated application for development of Middle Housing (606-4.1 B.(1)), including off-street parking requirements (Section 413), the minimum frontage on a public or private street for Middle Housing Townhouse lots or parcels (Article III), or Sufficient Infrastructure requirements (Section 106-210, 409, 410, 430-84, 431, Article V).

(9)

Location, width, and purpose of all recorded or proposed easements in or abutting the site;

(10)

Area of the existing parent lot or parcel and each lot or parcel to result from the Middle Housing Land Division, and dimensions of all existing and proposed property lines;

(11)

Identification of:

(a)

Proposed Middle Housing lots or parcels intended for sale;

(b)

Land to be dedicated or reserved for any other purpose, public or private; and

(c)

Land not intended to be buildable;

(12)

Location of all existing structures on the site, their setbacks to existing and proposed property lines, and notations indicating present use of the structures and whether they are proposed to remain after platting;

(13)

Location of all proposed Middle Housing units and structures, and their setbacks to existing and proposed property lines;

(14)

Separate utilities for each dwelling unit as required under 606-4.1 B.(8);

(15)

Onsite land area mapped in Comprehensive Plan documents as a significant natural resource, open space, scenic area or historic resource; and any onsite floodplain or drainage hazard area based on currently applicable FEMA and County maps;

(16)

Supplemental information—including deed restrictions and plat notations, if any, documents addressing ownership, use rights, and allocation/liability for maintenance of all private streets shall be submitted to the Review Authority prior to or in conjunction with final approval; and a statement of ownership, use, conditions or limitations and responsibility for maintenance of all nonbuildable areas or tracts, or areas or tracts to be dedicated or reserved for public use.

The tentative approval for a Middle Housing Land Division application shall include a condition requiring a notation on the final plat which states that:

(1)

Approval was granted under Community Development Code standards for a Middle Housing Land Division; and

(2)

Further division of the resulting lots or parcels is prohibited.

The tentative approval for a Middle Housing Land Division is void if and only if a final Subdivision or Partition plat is not recorded within three years of the tentative approval.

606-4.2

Final Review of Middle Housing Land Divisions

The tentative approval of a Middle Housing Land Division is void if and only if a final plat is not recorded within three years of the tentative approval.

An application for final review of a Middle Housing Land Division shall be submitted to Current Planning. Final Current Planning review and approval of the proposed final plat shall be granted prior to approval of the plat by the County Surveyor and recording.

Building permits for a Middle Housing development shall not be issued prior to recording of the final plat.

Requests for final Current Planning review of a Middle Housing Land Division shall include the following information:

(1)

Copies of the proposed final plat which shall include the following information:

(a)

Plat notations required by Section 606-4.1 E.;

(b)

The location, right-of-way, width and centerline of all streets within the boundary of the site;

(c)

All existing and proposed easements, clearly identified as to intended purpose. The width of the easement, its length and bearing and sufficient ties to locate the easement with respect to the plat shall be shown;

(d)

The name of new streets as approved by the County Surveyor;

(e)

Labels identifying proposed lots or parcels intended for sale, and the intended purpose of all other land within the site, consistent with Section 606-4.1 D.(11);

(f)

A declaration as required by ORS Ch. 92.075;

(g)

A non-graphic notation on the plat, of any floodplain or drainage hazard area, including the floodplain or drainage hazard area elevation and the affected Middle Housing lots or parcels. NOTE: No dwelling in a Middle Housing Land Division is permitted within such areas; and

(2)

Supplemental information, including but not limited to:

(a)

A copy of any proposed deed restrictions;

(b)

Dedication deeds requiring separate documents;

(c)

Warranty deeds conveying property to the county, the State of Oregon or other public agency;

(d)

Certification that construction plans have been approved by the Engineering Division for public improvements required under Sections 410, 606 and Article V, and the applicant has either:

(i)

Installed all such improvements; or

(ii)

Executed an agreement accompanied by the financial assurance as provided by Section 501-8.6 for public improvements;

(e)

For new public streets, certification of a street lighting plan approved by the County Engineering Division and meeting the materials and installation requirements of the electrical utility company providing service to the area;

(f)

For private streets, documentation required by Section 409-3.4 and 409-4; and

(g)

Provisions for access to and maintenance of drainage areas that are partially or fully outside right-of-way, if any.

(Ord. No. 890A, § 2.A.(Exh. 1, § 32.), 2-7-23, eff. 3-9-23)

606-5

Filing and Recording Middle Housing Land Divisions

606-5.1

Within three years of tentative approval, the final plat for a Middle Housing Land Division shall be recorded with the Department of Assessment & Taxation.

606-5.2

Prior to acceptance of a final plat for a Middle Housing Land Division for recording by the Department of Assessment & Taxation, Recording Division, a copy of all supplemental information that must be recorded, such as restrictive covenants, shall be attached to the final plat.

Supplemental information that must be recorded shall be recorded immediately after recording the plat.

606-5.3

Final Middle Housing Land Division plats shall be approved and signed by the County Surveyor, the County Assessor, and the Chair or Vice-Chair of the Board of Commissioners prior to recording.

606-5.4

No lot or parcel resulting from a Middle Housing Land Division shall be sold prior to recording of the final approved plat.

(Ord. No. 890A, § 2.A.(Exh. 1, § 32.), 2-7-23, eff. 3-9-23)

606-6

Subsequent Land Divisions and Property Line Adjustments

Further division of lots or parcels resulting from a Middle Housing Land Division is prohibited.

(Ord. No. 890A, § 2.A.(Exh. 1, § 32.), 2-7-23, eff. 3-9-23)

606-7

Revisions to Middle Housing Land Divisions

Except for revisions to an application with tentative approval that are required for final approval, revisions to a Middle Housing Land Division with tentative or final approval shall be:

Processed as a new application; and

Subject to the Middle Housing Land Division standards that are in effect at the time the new application is submitted.

(Ord. No. 890A, § 2.A.(Exh. 1, § 32.), 2-7-23, eff. 3-9-23)

606-8

Special Assessments for Middle Housing Land Divisions

No Middle Housing Land Division may be approved for land which is subject to special assessments for public improvements by Clean Water Services or Washington County, unless application has been made to the appropriate entity for division of those assessments under its ordinances or procedures. Applications for division of assessments and for division of land may be processed concurrently.

(Ord. No. 890A, § 2.A.(Exh. 1, § 32.), 2-7-23, eff. 3-9-23)

606-9

Survey and Monumentation Requirements

Middle Housing Land Division plats shall be surveyed and monumented in accordance with the requirements of ORS 92.010 to 92.192, except that provisions of ORS 92.044 or 92.046 that are inconsistent with state and County provisions for a Middle Housing Land Division shall not apply.

(Ord. No. 890A, § 2.A.(Exh. 1, § 32.), 2-7-23, eff. 3-9-23)

606-10

Development on Lots or Parcels Resulting from a Middle Housing Land Division

Development shall occur in accordance with Section 606 and standards of all applicable Sections of this Code specified within Section 606.

Only one dwelling unit is permitted on each lot resulting from a Middle Housing Land Division. Accessory Dwelling Units are not permitted.

The type of Middle Housing approved on the parent parcel shall not be altered by a Middle Housing Land Division. For example, a unit approved as a Cottage, or a detached Middle Housing Duplex, Triplex or Quadplex unit, shall remain such after a Middle Housing Land Division. It shall not be considered a Single Detached Dwelling Unit (defined in Section 106) and shall not be allowed an Accessory Dwelling Unit.

(Ord. No. 890A, § 2.A.(Exh. 1, § 32.), 2-7-23, eff. 3-9-23)

610 - STANDARD LAND DIVISIONS AND PROPERTY LINE ADJUSTMENTS OUTSIDE AN URBAN GROWTH BOUNDARY

610-1

Property Line Adjustments (Property Line Relocation)

A property line adjustment is the relocation or consolidation of a common boundary line between two or more abutting properties where an additional lot or parcel is not created.

610-1.1

General Limitations

Property line adjustments are limited as follows:

(1)

In the EFC District, no lot or parcel shall be reconfigured to qualify for a Dwelling under Section 430-37.2 E.(2) with the exception of those Type I adjustments described under Section 610-1.1 B.

(2)

Property line adjustments that result in lots or parcels of less than two acres shall provide:

(a)

Documentation from the Department of Health & Human Services or the Department of Environmental Quality that property(ies) less than two acres in size can accommodate a subsurface sewage disposal system and/or replacement system; and

(b)

Documentation from the Water Master that property(ies) less than two acres in size can accommodate public water or an on-site water source.

(3)

(4)

For property line adjustments on lots or parcels with two or more land use districts, the minimum lot size shall be based on the predominant land use district of the parcel.

(5)

Lots that were created through a Measure 49 authorization shall not be increased by a Property Line Adjustment to exceed the following size limitations established by OAR 660-041-0180(2):

(a)

Two acres if the property is located on high-value farm or forest land, or on land within a ground water restricted area; or

(b)

Five acres if the property is not located on high-value farm or forest land, and is not on land within a groundwater restricted area.

Property Line Adjustments Permitted Through a Type I Procedure

Property lines in the EFC District may be adjusted through a Type I procedure only if consistent with CDC Section 610-1.1.B. (2), (3)(a), (b) and (d) below. All other property line adjustments in the EFC District shall be reviewed under Section 610-1.1 C.

Property lines in the EFU, AF-20, AF-10, AF-5, RR-5, R-COM, R-IND and MAE Districts shall be adjusted through a Type I procedure provided:

(1)

Both properties meet or exceed the minimum lot or parcel size for the applicable district; or

(2)

Equal land areas are exchanged; or

(3)

No lot or parcel is reduced in size below the minimum lot size for the District except for the following:

(a)

When a federal, state, or local judiciary issues a court decree for adverse possession, way of necessity or a prescriptive use. The adjustment shall not be larger than the minimum size necessary to implement the court decree; or

(b)

Where a parcel has a lawfully established structure which is in violation of a setback requirement. The adjustment shall not be larger than the minimum size necessary to correct the violation; or

(c)

Where a parcel is being reconfigured for the purpose of a Federal project for creation of, restoration of or enhancement of wetlands; or

(d)

When a parcel is reconfigured to provide adequate sight distance as determined by the County Engineer; or

(e)

A lot or parcel is reconfigured to align with a road or railroad right-of-way, a power transmission line on deeded property, an urban growth boundary or a channel of a river or other watercourse or body of water that divides the lot or parcel; or

(4)

(5)

Property Line Adjustments Permitted Through a Type II Procedure

Except as otherwise allowed under CDC Section 610-1.1.B. (2), (3)(a), (b) and (d), in the EFC District, on lots or parcels located entirely outside the boundary of a city, property lines may be adjusted through a Type II procedure when the following standards are met:

(1)

Both properties meet or exceed the minimum lot or parcel size for the applicable district; or

(2)

One or both of the abutting properties are smaller than the minimum lot or parcel size before the adjustment, and after the adjustment, at least one property is as large or larger than the minimum lot or parcel size for the applicable district; or

(3)

Both abutting properties are smaller than the minimum lot or parcel size for the applicable district before and after the adjustment.

(4)

The adjustment shall not decrease the size of a lot or parcel that, before the relocation or elimination of the common property line, is smaller than the minimum lot or parcel size for the applicable district and contains an existing dwelling or is approved for the construction of a dwelling, if the abutting vacant tract would be increased to a size as large as or larger than the minimum tract size required to qualify the vacant tract for a dwelling.

(5)

The adjustment shall not decrease the size of a lot or parcel that contains an existing dwelling or is approved for construction of a dwelling to a size smaller than the minimum lot or parcel size, if the abutting vacant tract would be increased to a size as large as or larger than the minimum tract size required to qualify the vacant tract for a dwelling.

(6)

The adjustment shall not allow an area of land used to qualify a tract for a dwelling based on an acreage standard to be used to qualify another tract for a dwelling if the land use approval would be based on an acreage standard.

610-1.2

Submission Requirements

In addition to the requirements of Section 203-3, all applications for a property line adjustment outside a UGB shall include the following:

Name(s), address(es) and telephone number(s) of the owner(s), agent(s) and surveyor(s);

A plot plan showing:

(1)

All existing and proposed property lines;

(2)

All existing and proposed structures;

(3)

Existing and proposed easements;

(4)

The location of any floodplain, drainage hazard areas and other areas subject to flooding or ponding; and

(5)

Existing subsurface sewerage systems, including drainfields and associated easements, within 10 feet of an existing or proposed property line.

Existing and proposed lot or parcel sizes.

610-1.3

Review Standards

In addition to the applicable requirements of Section 610-1.1, property line adjustments shall meet the following standards:

No additional unit(s) of land shall be created as a result of the property line adjustment;

No property line adjustment shall result in a property line that violates the setback of the applicable land use district unless a variance to the standard is approved; and

The adjusted parcels meet the sight distance requirements of Section 501-9.5.

610-1.4

Survey Requirements

As set forth in Section 602-11.

610-1.5

Filing and Recording

As set forth in Section 602-1.

(Ord. No. 809, § 2.E.(Exh. 5, § 5), 8-16-2016, eff. 9-15-2016; Ord. No. 866, § 2.C.(Exh. 3, § 26, 9-1-20, eff. 10-1-20)

610-2

Rural Standard Land Divisions (Standard Partitions and Standard Subdivisions)

Land outside an urban growth boundary may be divided through a Standard Partition or a Standard Subdivision. To partition land means to divide a unit of land into two or three parcels within a calendar year. To subdivide land means to divide a unit of land into four or more lots within a calendar year. A Standard Partition or Standard Subdivision may or may not involve the creation of a street or road. Standard Subdivisions and Standard Partitions are subject to the general standards of the land use districts, the applicable development standards of Article IV, the applicable standards of Section 501-9 (Limited Application of the Public Facilities and Service Standards Outside the UGB) and the provisions of this Article, including standards in Section 610-3 (Development Standards for Rural Standard Land Divisions).

610-2.1

Procedures

Standard Partitions and Standard Subdivisions shall be processed through a two-step process consisting of a preliminary review and a final review.

Preliminary Review:

The preliminary review of a Standard Partition or Standard Subdivision shall:

(1)

Be through a Type II procedure when no variance from the standards of this Code is required; or

(2)

Be through a Type III procedure when a variance from the applicable standards of this Code is required or when in conjunction with a Type III development.

(3)

Expire automatically four years from the date of approval.

(a)

A request for final review, which includes all required information, is filed with the County; or

(b)

A request for an extension is filed with the County pursuant to Article II; or

(c)

Final Review:

610-2.2

Review Standards

Preliminary Review:

The proposed Standard Partition or Standard Subdivision shall be reviewed for compliance with the applicable provisions of this Code, including Section 601-1.

Final Review:

(1)

(2)

Any request for final approval submitted prior to expiration, but the expiration date subsequently passes and final approval is not granted for lack of the required information, shall be denied if the required information is not submitted within 60 days of the expiration. In this situation, the preliminary approval as expired and shall be null and void.

Notwithstanding any other provisions, a proposed Standard Subdivision or Standard Partition shall comply with all applicable provisions of State law.

610-2.3

Submission Requirements for Preliminary Review of Rural Standard Land Divisions

The preliminary plat and other drawings shall accurately represent all graphic data to scale. Drawings showing other information not shown on the preliminary plat shall be drawn to the same scale as the preliminary plat, unless approved otherwise by the Director.

A preliminary plat which includes the following:

(1)

A graphic representation of the Standard Land Division drawn to a scale which is noted on the drawing.

In all cases the scale used shall be standard, being ten, 20, 30, 40, 50, or 60 feet to the inch or multiples of ten of any one of these scales;

(2)

Names and addresses of the owner(s) and, when applicable, names and addresses of the designer of the Standard Subdivision or Standard Partition, engineer or surveyor;

(3)

Date of preliminary plat preparation;

(4)

For Standard Subdivisions, the proposed name;

(5)

Existing streets or roads (public or private) - location, names, right-of-way and pavement widths on and abutting the site, and the location of existing and proposed access points;

(6)

Proposed streets or roads (public or private) - location, right-of-way and pavement widths, approximate radius of curves and approximate grades of proposed streets on the subject property and within 300 feet of the site. An outline plan illustrating a future street plan shall also be provided for all property adjacent to the proposed site and all contiguous property under common ownership;

(7)

Easements - locations, widths, and purpose of all recorded or proposed easements in or abutting the proposed site;

(8)

Public utilities - location of all existing and proposed storm sewers, sanitary sewers and water lines, if any;

(9)

Flood areas - the location of any floodplain, drainage hazard areas and other areas subject to flooding or ponding (see Sections 410 and 421);

(10)

Significant Natural Resources - the location of areas designated as a Significant Natural Resource on the Rural/Natural Resource Plan Element (see Section 422);

(11)

Lot dimensions - all existing property lines and their lengths, and the approximate location and dimensions of all proposed lots or parcels;

(12)

Lot size - the minimum proposed lot or parcel size;

(13)

Existing structures - location and present use of all structures on the site and indication of which, if any, structures are to remain after platting;

(14)

Identification of land (e.g., lots or tracts) reserved for any purpose, public or private, to distinguish it from lots or parcels intended for sale. Land not intended to be buildable shall be so identified;

A generalized vegetation map of existing trees. This information may be shown on the preliminary plat provided all information is legible;

Preliminary utility plans for sewer, water and storm drainage when these utilities are to be provided. This information may be included on the preliminary plat provided all information is legible;

Subsurface sewerage systems - location of all existing systems, including drainfields and associated easements; and

610-2.4

Submission Requirements for Final Review of all Standard Land Divisions

Requests for final review of a Standard Subdivision or Standard Partition shall be submitted within four years of preliminary approval and shall include the following information:

Necessary copies of the final plat, which shall include the following information:

(1)

The right-of-way location, width and centerline of all streets within the boundary of the site;

(2)

(3)

The name of new streets approved by the County Surveyor;

(4)

(5)

A declaration as required by ORS Ch. 92.075;

(6)

A non-graphic notation on the plat of any floodplain or drainage hazard area, including the floodplain or drainage hazard area elevation and the affected lots or parcels;

(7)

Plat restrictions required in the preliminary approval; and

(8)

Unless a subsurface sewerage permit or site evaluation approval has been issued from the appropriate agency for all the preliminary approved lots or parcels, a notation shall be placed on the plat stating that the allowance of the Standard Partition or Standard Subdivision does not warrant that sewer or septic tank approval is or will be available to the affected lots or parcels.

However, lots or parcels created in the RR-5 District pursuant to Section 350-6.1 C. are required to obtain a subsurface sewerage permit or site evaluation approval as required by Section 350-6.1 C. (2).

Supplemental Information, including but not limited to:

(1)

A copy of any proposed deed restrictions;

(2)

Dedication deeds requiring separate documents;

(3)

Warranty deeds conveying property to the county, the State of Oregon or other public agency;

(4)

Certification that public street improvement construction plans have been approved by the Engineering Division and the applicant has either:

(a)

Installed all improvements required pursuant to the provisions of the preliminary approval and this Article; or

(b)

Executed an agreement accompanied by the financial assurance as provided by Section 501-8.6 for public improvements;

(5)

Provisions for access to and maintenance of off-right-of-way drainage, if any; and

(6)

When required by Section 409-5, written certification by the applicable fire marshal that private streets, if any, have been constructed in accordance with the preliminary approval and the standards of Section 409-5.

Convey to Washington County by fee title a one-foot non-access tract at the terminus of all on-site public stub streets, if any.

610-2.5

Survey Requirements

As set forth in Section 602-11.

610-2.6

Filing and Recording

Final plats shall be filed and recorded as set forth in Section 602-1.

610-2.7

Phased Development

When an applicant desires to record and develop portions of an approved Standard Subdivision plat in phases the Review Authority may authorize a time schedule for platting and otherwise developing in phases. The Review Authority may condition any stage to comply with the standards of this Code in effect at the time of development. In no case shall the total time period for final approval of all stages exceed five years without resubmission of the tentative plan for review pursuant to the standards then in effect.

(Ord. No. 813, § 2.C.(Exh. 3, § 7), 8-23-2016, eff. 11-25-2016; Ord. No. 890A, § 2.A.(Exh. 1, §§ 1., 33.), 2-7-23, eff. 3-9-23)

610-3

General Development Review Standards

In addition to the other standards in this Code, the following standards shall apply to all Standard Land Divisions outside an urban growth boundary in Washington County.

610-3.1

Storm Drainage Systems

The following storm drainage requirements shall apply to all Standard Land Divisions unless otherwise indicated.

Storm drainage systems provide for the adequate drainage of surface water on and crossing a site. Storm drainage systems include but are not limited to ditches, pipes, inlets, creeks, rivers and detention facilities. Storm drainage facilities may be located within public rights-of-way; easements or tracts for public travel, including private streets; drainage easements; and tracts of common ownership. Drainage plans and street plans shall indicate the direction of storm drainage flow.

Storm drainage systems shall:

(1)

Be developed in accordance with the adopted Washington County Road Standards and be approved by the county;

(2)

Be constructed and installed throughout the development to carry off water from all inlets and catch basins, if any;

(3)

Be connected to a discharge facility which may include detention and retention basins or other storage facilities as may be found appropriate by the county;

(4)

Provide extension to the boundaries of the development to facilitate pickup of all stormwater runoff from all portions of the drainage basin lying above and naturally draining through the development. Sufficient capacity shall be provided to carry such stormwater through the development's storm drainage system to a storm drainage facility; and

(5)

Conform to any official drainage master plan adopted by the Board;

Provisions for the access and maintenance of storm drainage facilities that are not located in a public right-of-way shall be provided as required by the Clean Water Services and in accordance with adopted county standards. An easement or tract with adequate width for access and maintenance of drainage facilities shall be provided.

Copies of design computation of the stormwater system shall be provided for review and approval by the county where applicable.

If a proposed development is traversed by a watercourse, drainageway, channel or stream, the proposed development shall:

(1)

Provide an easement or tract over the watercourse, drainage way, channel or stream for drainage or stormwater purposes. The easement or tract shall:

(a)

Substantially conform to the boundaries of the water course, drainage way, channel or stream at design flood, except as permitted by Section 421; and

(b)

Provide adequate width for access and maintenance of drainage facilities.

(2)

Include retention and detention basins when a part of an approved drainage plan.

610-3.2

Streets and Street Improvements

Street improvements may include, but not be limited to, street construction; grading; surfacing; utilities; and fire, water and storm drainage facilities. Construction, installation or repair shall be in accord with the adopted Washington County Road Standards and this Code;

When provided, stormwater inlets, catch basins and fire protection facilities shall be constructed and installed in the right-of-way at points approved by the county;

Street plans shall indicate the direction of storm drainage flow;

The adopted Transportation Plan shall prevail in location, course, grade and widths of streets. Where there is a conflict between the Transportation Plan and existing street pattern, the Transportation Plan shall prevail;

The minimum right-of-way of streets shall comply with the adopted Transportation Plan;

In all Standard Subdivisions all developments shall comply with adopted county sight distance standards;

Streets, existing and future shall:

(1)

Provide reasonable circulation of traffic within the development;

(2)

Provide for adequate runoff of stormwater;

(3)

Provide for general public convenience and safety in the areas to be served;

(4)

Not allow the intersection of more than two streets at any one point;

(5)

Be designed to encourage safe and efficient traffic flow;

(6)

Be aligned to discourage through traffic on minor streets; and

610-3.3

Public Utilities

Utility lines for telephone, gas, cable television and electric services, which serve more than one lot or parcel, shall conform to ORS Ch. 92 and be placed in easements as set forth in Section 416. All utilities shall be underground except as approved through Section 416;

All conduits and cables for cable television and gas and electric service lines shall be placed within easements or rights-of-way in a manner which does not conflict with other underground services and in compliance with adopted road standards;

Transformers shall be located in a manner not hazardous to the public or unsightly in appearance; and

The Board of Commissioners may, by resolution and order or ordinance, promulgate rules and regulations governing location of public utilities.

610-3.4

Lots In All Standard Subdivisions

Double-frontage lots shall be prohibited unless the Review Authority finds:

(1)

They are essential to provide separation of existing or proposed residential uses from Arterials or adjacent nonresidential activities; and/or

(2)

They are needed to overcome specific disadvantages of topographical orientation.

An additional lot depth may be required by the Review Authority on through or double-frontage lots.

Wherever possible, side lot lines shall be at right angles or radial to the street on which the lots face, except where lots abut a cul-de-sac or hammerhead street terminus.

Remnant lands which cannot meet Code requirements shall be added to adjacent lots or parcels unless such lands are designated as permanent open space.

Lots or parcels intended to be buildable which abut a watercourse, drainageway, channel or stream may be required to have additional width or depth to provide a building site which meets Code requirements. In addition, the Review Authority shall require that any lot or parcel not intended to be buildable be clearly indicated as unbuildable in the Standard Subdivision or Standard Partition plat.

610-3.5

Blocks

All Standard Subdivision length, width and shape of blocks shall be designed to provide adequate building sites for proposed uses, convenient access, control of traffic circulation and provision for maximum advantage of topography and other natural characteristics.

610-3.6

Easements

Easements shall be provided in accordance with Section 416.

(Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

Washington County Unincorporated
City Zoning Code

ARTICLE VI

LAND DIVISIONS AND PROPERTY LINE ADJUSTMENTS

600 - INTRODUCTION

Article VI establishes applicable review procedures and approval criteria for Land Divisions and property line adjustments in unincorporated Washington County.

(Ord. No. 890A, § 2.A.(Exh. 1, § 27.), 2-7-23, eff. 3-9-23)

600-1

Intent and Purpose

The intent of Article VI is to provide regulations for land divisions and property line adjustments in unincorporated Washington County to:

Protect and provide for the public health, safety and general welfare;

Guide future growth and development in accordance with the Comprehensive Plan;

Secure protections against fire, flood, and other danger;

Ensure that public facilities are available with adequate quality and capacity;

Encourage the conservation of energy resources and provide the opportunity for utilization of solar energy through protection of solar access; and

Encourage safe and convenient pedestrian and bicycle access.

(Ord. No. 890A, § 2.A.(Exh. 1, § 27.), 2-7-23, eff. 3-9-23)

601 - APPLICABILITY

Standard Land Divisions, Middle Housing Land Divisions, and property line adjustments are subject to County approval under this Article.

601-1

Standard Land Divisions and Property Line Adjustments

601-1.1

The provisions of Sections 601, 602, and 603 shall apply to all Standard Land Divisions, and all property line adjustments, except as otherwise specified in this Article.

601-1.2

Additionally, Standard Land Divisions and property line adjustments are subject to the following:

Inside an urban growth boundary—Section 605

Outside an urban growth boundary—Section 610

601-1.3

Community Plan Provisions:

(1)

General Design Elements;

(2)

Subarea Provisions, including the Design Elements and Area of Special Concern and Potential Park/Open Space/Recreation Requirements;

(3)

Significant Natural Resource Designations;

(4)

Historic and Cultural Resource Designations;

(5)

Mineral and Aggregate Resource Designations (District A and B designations);

(6)

Major Bus Stop Designations;

(7)

Interim Light Rail Station Overlay Designations;

(8)

Local Street Connectivity Lands Designations;

(9)

Pedestrian Connectivity Areas;

(10)

Transportation Functional Classification Map;

(11)

Transportation Circulation Designations; and

(12)

Street Corridor, Arterial Access and Pedestrian System Designations.

Rural/Natural Resource Plan Provisions:

(1)

Significant Natural Resource Designations;

(2)

Historic and Cultural Resource Designations;

(3)

Mineral and Aggregate Resource Designations (District A and B designations);

(4)

Habitat Protection Plan;

(5)

(6)

Transportation Functional Classification Map.

Comprehensive Framework Plan for the Urban Area

(1)

Policy 41, Urban Growth Boundary Expansions

The Transportation System Plan

(1)

Goals 2, 3, 4, 5, 6, 7, 8, 9 and 11, including their implementing objectives and strategies;

(2)

The Functional Classification System Map;

(3)

The Lane Numbers Map;

(4)

The Special Area Street Overlay Map;

(5)

The Transit System Map;

(6)

The Bicycle System Map; and

(7)

The Pedestrian System Map.

(Ord. No. 890A, § 2.A.(Exh. 1, § 28.), 2-7-23, eff. 3-9-23; Ord. No. 903, § 2.M.(Exh. 13, § 21.), 10-15-24, eff. 11-14-24)

601-2

Middle Housing Land Divisions

601-2.1

Section 606 shall apply to all Middle Housing Land Divisions. Sections 601-1, 602 and 603 do not apply to a Middle Housing Land Division.

601-2.2

In accordance with ORS 197.360 a Middle Housing Land Division is not a land use decision, a limited land use decision or a permit.

(Ord. No. 890A, § 2.A.(Exh. 1, § 28.), 2-7-23, eff. 3-9-23)

602 - GENERAL PROVISIONS FOR STANDARD LAND DIVISIONS AND PROPERTY LINE ADJUSTMENTS

602-1

Filing and Recording

602-1.1

602-1.2

602-1.3

All Standard Subdivision plats shall be approved and signed by the County Surveyor, the County Assessor, and the Chairperson or Vice-Chairperson of the Board of Commissioners prior to recording.

602-1.4

Section 602 does not apply to a Middle Housing Land Division as defined in Section 106 (see Section 606).

(Ord. No. 890A, § 2.A.(Exh. 1, §§ 1., 29.), 2-7-23, eff. 3-9-23)

602-2

Expiration

The final approval for a Standard Land Division shall expire after 2 years, and the approval for a property line adjustment shall expire after 4 years, unless prior to expiration:

The Standard Land Division or property line adjustment has been filed and recorded (as approved); or

An extension according to the provisions of Section 201-5 has been requested; or

Development has commenced pursuant to Section 201-6.

(Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

602-3

Subsequent Standard Land Divisions and Property Line Adjustments

Standard Land Division

Property Line Adjustment

(Ord. No. 889A, § 2.C.(Exh. 3, § 19.), 2-7-23, eff. 3-9-23)

602-4

Recordation Prior to Sale

No lot or parcel created by Standard Land Division shall be sold prior to filing and recording as specified in Section 602-1.

(Ord. No. 889A, § 2.C.(Exh. 3, § 19.), 2-7-23, eff. 3-9-23)

602-5

Minor Revisions to Preliminary Approved Standard Land Divisions

602-5.1

Minor revisions to a preliminary approval for a Standard Land Division may be made through a Type I procedure for the following:

Lot dimensions;

Street locations;

Lot patterns;

Density decreases;

Phasing of the development, including the addition of phasing or adjusting approved phasing, subject to Section 602-5.2 G.;

Inclusion of a gated private street, subject to Section 409-4.6; and

Adjustments to parent lot(s) or parcel(s) property lines, in accordance with the applicable provisions in Section 605 or Section 610.

602-5.2

Minor revisions shall meet the following standards:

Permanent "dead-end" streets within a development shall not be changed to a stub street which abuts an adjacent property or connected to an exterior adjacent street;

Density decreases shall not exceed 5% and must meet the minimum density standards required in the applicable land use district;

Lot dimensions and lot patterns: Minor changes to lot dimensions and lot patterns may occur, but the overall lotting pattern shall remain the same as the original.

602-5.3

All other revisions shall be processed as a new application and shall be subject to the standards that are in effect at the time the new application is submitted.

(Ord. No. 855, § 2.A.(Exh. 1, § 26), 8-6-19, eff. 11-28-19; Ord. No. 889A, § 2.C.(Exh. 3, § 19.), 2-7-23, eff. 3-9-23; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

602-6

Revisions to Standard Land Divisions with Final Approval

(Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

602-7

Relocation of Access(es) for a Final Approved Standard Partition for Nonfarm Parcels

No existing or final approved property lines can be relocated;

The access(es) can only be relocated on the property which was part of the initial application; and

The request complies with the standards of Subsection 501-8.5 F. (Sight Distance Standards).

(Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

602-8

Standards for Phased Developments

602-9

Waiver or Deferral of Requirement

If in the judgment of the Director, a requirement is not applicable, the Director may waive the requirement or defer the requirement to a later stage of development.

602-10

Special Assessments

(Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

602-11

Survey and Monumentation Requirements

602-11.1

Property Line Adjustments

A common property line that is relocated through a property line adjustment shall be surveyed and monumented unless the affected parcels are greater than 10 acres.

When required, surveys shall be filed with the County Surveyor after filing and recording the necessary deeds with the Department of Assessment & Taxation Recording Division.

Recorded deed numbers must be shown on the record of survey.

602-11.2

Standard Partitions

602-11.3

Standard Subdivisions

Standard Subdivision plats shall be surveyed and monumented in accordance with the requirements of ORS Ch. 92.

(Ord. No. 833, § 2.A.(Exh. 1, § 9), 8-7-18, eff. 9-6-18; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

603 - SUBDIVISION COMMITTEE

603-1

(Ord. No. 890A, § 2.A.(Exh. 1, § 30.), 2-7-23, eff. 3-9-23)

603-2

603-3

(Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

603-4

605 - STANDARD LAND DIVISIONS AND PROPERTY LINE ADJUSTMENTS INSIDE AN URBAN GROWTH BOUNDARY

605-1

Property Line Adjustment (Property Line Relocation)

A property line adjustment is the relocation or consolidation of a common boundary line between two or more abutting properties where an additional lot or parcel is not created.

605-1.1

General Limitations

Property line adjustments are limited as follows:

(1)

(2)

For property line adjustments on lots or parcels with two or more land use districts, the minimum lot size shall be based on the predominant land use district of the parcel.

Property Line Adjustments Permitted Through a Type I Procedure

Property line adjustments shall be processed through a Type I procedure, unless otherwise specified in this Code, provided that:

(1)

Both properties meet or exceed the minimum lot or parcel size for the applicable district; or

(2)

Equal land areas are exchanged; or

(3)

(4)

605-1.2

Submission Requirements

In addition to the requirements of Section 203-4, all applications for a property line adjustment shall include the following:

Name(s), address(es) and telephone number(s) of the owner(s), agent(s) and surveyor(s).

A plot plan showing:

(1)

All existing and proposed property lines;

(2)

All existing and proposed structures;

(3)

Existing and proposed easements;

(4)

The location of any floodplain, drainage hazard areas and other areas subject to flooding or ponding; and

(5)

The location of any water quality sensitive areas and vegetated corridors.

Existing and proposed lot sizes.

605-1.3

Review Standards

605-1.4

Survey Requirements

As set forth in Section 602-11.

605-1.5

Filing and Recording

As set forth in Section 602-1.

(Ord. No. 866, § 2.C.(Exh. 3, § 25), 9-1-20, eff. 10-1-20)

605-2

Urban Standard Land Divisions (Partitions and Subdivisions)

605-2.1

Procedures

Standard Partitions and Standard Subdivisions shall be processed through a two-step process consisting of a preliminary review and a final review.

Preliminary Review:

The preliminary review of a Standard Partition or Standard Subdivision shall:

(1)

Be through a Type I procedure when in an approved Special Industrial Overlay District (SID) and in conformance with the approved SID - Section 377;

(2)

Be through a Type II procedure when no variance from the standards of this Code is required; or

(3)

(4)

Expire automatically four years from the date of approval unless prior to expiration:

(a)

A request for final review, which includes all required information, is filed with the County; or

(b)

A request for an extension is filed with the County pursuant to Article II; or

(c)

Final Review:

605-2.2

Review Standards

Preliminary Review:

The proposed Standard Partition or Standard Subdivision shall be reviewed for compliance with the applicable provisions of this Code, including Section 601-1.

Final Review:

(1)

(2)

Notwithstanding any other provisions, a proposed Standard Subdivision or Standard Partition shall comply with all applicable provisions of State law.

605-2.3

Submission Requirements for Preliminary Review of Urban Standard Land Divisions

A preliminary plat which includes the following:

(1)

(2)

Names and addresses of the owner(s) and, when applicable, names and addresses of the designer of the Standard Subdivision or Standard Partition, engineer or surveyor;

(3)

Date of preliminary plat preparation;

(4)

For Standard Subdivisions, the proposed name;

(5)

Existing streets or roads (public or private) - location; names; right-of-way and pavement widths on and abutting the site; and the location of existing and proposed access points;

(6)

(7)

Easements - locations, widths, and purpose of all recorded or proposed easements in or abutting the proposed site;

(8)

Public utilities - location of all existing and proposed storm sewers, sanitary sewers and water lines;

(9)

Flood areas - the location of any floodplain, drainage hazard areas and other areas subject to flooding or ponding (see Sections 410 and 421);

(10)

Significant Natural Resources - the location of areas designated as a Significant Natural Resource on a Community Plan (see Section 422);

(11)

Lot dimensions - all existing property lines and their lengths and the approximate location and dimensions of all proposed lots or parcels;

(12)

(13)

Existing structures - location and present use of all structures on the site and indication of which, if any, structures are to remain after platting;

(14)

(15)

The location of any water quality sensitive areas and vegetated corridors.

Preliminary utility plans for sewer, water, storm drainage, and street lighting for new public streets. This information may be included on the preliminary plat provided all information is legible;

605-2.4

Submission Requirements for Final Review of all Standard Land Divisions

Requests for final review of a Standard Subdivision or Standard Partition shall be submitted within 4 years of preliminary approval and shall include the following information:

Necessary copies of the final plat which shall include the following information:

(1)

The location, right-of-way, width and centerline of all streets within the boundary of the site;

(2)

(3)

The name of new streets as approved by the County Surveyor;

(4)

(5)

A declaration as required by ORS Ch. 92.075;

(6)

A non-graphic notation on the plat of any floodplain or drainage hazard area, including the floodplain or drainage hazard area elevation and the affected lots or parcels; and

(7)

Plat restrictions required in the preliminary approval.

Supplemental information, including but not limited to:

(1)

A copy of any proposed deed restrictions.

(2)

Dedication deeds requiring separate documents.

(3)

Warranty deeds conveying property to the county, the State of Oregon or other public agency.

(4)

Certification that public street improvement construction plans have been approved by the Engineering Division and the applicant has either:

(a)

Installed all improvements required pursuant to the provisions of the preliminary approval and this Article; or

(b)

Executed an agreement accompanied by the financial assurance as provided by Section 501-8.6 for public improvements.

(5)

For private streets, any documentation required by Section 409-3.4.

(6)

Provisions for access to and maintenance of off-right-of-way drainage, if any.

Convey to Washington County by fee title a 1-foot non-access tract at the terminus of all on-site public stub streets, if any.

605-2.5

Survey Requirements

As set forth in Section 602-11.

605-2.6

Filing and Recording

Final plats shall be filed and recorded as set forth in Section 602-1.

(Ord. No. 855, § 2.A.(Exh. 1, § 27), 8-6-19, eff. 11-28-19; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

605-3

Development Standards for Urban Standard Land Divisions

In addition to the other standards in this Code, the following standards shall apply to all Standard Land Divisions within the urban unincorporated portions of Washington County.

605-3.1

Sewers

605-3.2

Storm Drainage Systems

Storm drainage systems shall:

(1)

Be approved by the county;

(2)

Be constructed and installed throughout the development site to carry off water from all inlets and catch basins;

(3)

Be connected to a discharge facility which may include detention and retention basins or other storage facilities as may be found appropriate by the county;

(4)

(5)

Conform to any official drainage master plan adopted by the Board.

Copies of design computation of the stormwater system shall be provided for review and approval by the county.

If a development site is traversed by a water course, drainageway, channel or stream, the development shall:

(1)

Include retention and detention basins when part of an approved drainage plan and;

(2)

Provide an easement or tract over the water course, drainage way, channel or stream for drainage or stormwater purposes. The easement or tract shall:

(a)

Substantially conform to the boundaries of the water course, drainage way, channel or stream at design flood, except as permitted by Section 421; and

(b)

Provide adequate width for access and maintenance of drainage facilities.

605-3.3

Streets and Street Improvements

Stormwater inlets, catch basins and fire protection facilities shall be constructed and installed in the right-of-way at points approved by the county;

Street plans shall indicate the direction of storm drainage flow along all curbs;

The minimum right-of-way of streets shall comply with the adopted Transportation System Plan;

All developments shall comply with adopted county sight distance standards;

Streets, existing and future, shall:

(1)

Be consistent with the standards of Section 408 (Neighborhood Circulation);

(2)

Provide for general public convenience and safety in the areas to be served;

(3)

Not allow the intersection of more than two streets at any one point;

(4)

Be designed to encourage safe and efficient traffic flow;

(5)

Be designed to discourage through traffic on minor streets; and

(6)

County and public streets shall not be gated or barricaded except when required by the Director to address an operational or safety issue or as permitted by Section 431-4.2 E (2).

605-3.4

Public Utilities

Transformers shall be located in a manner not hazardous to the public or unsightly in appearance; and

The Board of Commissioners may, by resolution and order or ordinance, promulgate rules and regulations governing location of public utilities.

605-3.5

Sidewalks

Sidewalks shall be provided as required in Articles IV and V.

605-3.6

Lots or Parcels

Double-frontage lots or parcels shall be prohibited unless the Review Authority finds:

(1)

They are essential to provide separation of existing or proposed residential uses from Collectors or Arterials or adjacent nonresidential activities; and/or

(2)

They are needed to overcome specific disadvantages of topographical orientation.

An additional lot depth may be required by the Review Authority on double frontage lots.

Wherever possible, side lot lines shall be at right angles or radial to the street on which the lots face except where lots abut a cul-de-sac or hammerhead street terminus.

Remnant lands which cannot meet Code requirements shall be added to adjacent lots or parcels, not left as unusable parcels unless such lands are designated as permanent open space.

605-3.7

Blocks

Blocks shall not exceed 600 feet in length and 1,800 feet in perimeter, except as allowed through the provision of Sections 408-5 and 408-6.

605-3.8

Easements

Sewer, water, utility or planting easements shall be sized as deemed appropriate by the Review Authority.

(Ord. No. 890A, § 2.A.(Exh. 1, §§ 1., 31.), 2-7-23, eff. 3-9-23)

606 - MIDDLE HOUSING LAND DIVISION

(Ord. No. 890A, § 2.A.(Exh. 1, § 32.), 2-7-23, eff. 3-9-23)

606-1

Application Completeness, Notice, Comment Period

606-1.1

Completeness

606-1.2

Notice of complete application

The County shall provide written notice of the receipt of a complete Middle Housing Land Division application to:

(1)

Any state agency, local government or special district responsible for providing public facilities or services to the development;

(2)

The Community Participation Organization whose boundaries include the site; and

(3)

The required notice shall include:

(1)

The street address or other easily understood geographical reference to the subject property;

(2)

The time and place where copies of all evidence submitted by the applicant will be available for review;

(3)

The applicable criteria for the Middle Housing Land Division decision;

(4)

A brief summary of the County's decision-making process for the Middle Housing Land Division decision;

(5)

The address for submitting written comments, and the closing date of the 14-day comment period, which shall conclude at the end of the Department of Land Use & Transportation's business day;

(6)

(7)

The name and telephone number of a County contact person.

(Ord. No. 890A, § 2.A.(Exh. 1, § 32.), 2-7-23, eff. 3-9-23)

606-2

Review of a Complete Application—Procedures and Timing

606-2.1

After the County has provided notice per Section 606-1.2, the County shall:

Provide a 14-day period for submission of written comments prior to the decision, consistent with Section 606-1.2 B.(5), above;

Issue a written determination of compliance or noncompliance with applicable land use regulations that provide the basis for the determination, and a summary statement explaining the determination;

Provide notice of the decision to the applicant and to those who received notice under Section 606-1.2 within 63 days of the date of a completed application. The notice of decision shall include:

(1)

The summary statement described in 606-2.1 C.; and

(2)

An explanation of appeal rights under Section 606-3.

606-2.2

The County shall not hold a hearing to make a decision on a Middle Housing Land Division application.

606-2.3

If the County decision on a Middle Housing Land Division application will exceed the 63-day limit applied under 606-2.1 B.:

The applicant may still pursue the remedy provided under A., above, except that the extended period shall be substituted for the 63-day period.

(Ord. No. 890A, § 2.A.(Exh. 1, § 32.), 2-7-23, eff. 3-9-23)

606-3

Appeals—Procedures and Timing

606-3.1.

An appeal of the decision on a Middle Housing Land Division:

Shall be filed with the County within 14 days of the date the notice of decision was mailed.

Shall be accompanied by a deposit for costs.

May only be filed by:

(1)

The applicant; or

(2)

Any person or organization who files written comments in the 14-day period established under 606-1.2 B.(5).

Shall be based solely on one or more of the following allegations:

(1)

Violation of the applicable substantive provisions of this Code;

(2)

Unconstitutionality of the decision;

(3)

(4)

That substantive rights of the applicant or applicable person/organization have been substantially prejudiced by the County due to an error in procedure.

Shall be decided by the Hearings Officer. The Hearings Officer:

(1)

Shall, within seven days of being appointed to decide the appeal, notify the following parties and advise them of the manner in which they may participate in the appeal:

(a)

The applicant;

(b)

The County:

(c)

The appellant if other than the applicant;

(d)

Any person or organization entitled to notice under Section 606-1.2 that provided written comments to the County; and

(e)

All providers of public facilities and services entitled to notice under Section 606-1.2.

(2)

May use any procedure for decision-making consistent with the interests of the parties to ensure a fair opportunity to present information and argument.

(3)

Shall provide the County an opportunity to explain the County's decision but is not limited to reviewing the County's decision and may consider information not presented to the County.

(4)

(5)

May not reduce the density of the Middle Housing Land Division application.

(6)

(7)

May not remand the application to the County for any reason other than as set forth in this section.

The above noted time periods for filing and issuing a decision on an appeal are not included in the time period allowed under Section 606-2.1 for the initial decision.

606-3.2

(Ord. No. 890A, § 2.A.(Exh. 1, § 32.), 2-7-23, eff. 3-9-23)

606-4

Review of Middle Housing Land Divisions

A Middle Housing Land Division is subject to a two-step process involving separate reviews for tentative and final approval.

606-4.1

Tentative approval

A Middle Housing Land Division application that includes the following shall be granted tentative approval:

(1)

(a)

The Oregon Residential Specialty Code;

(b)

Standards of this Code applicable to Middle Housing and Middle Housing Land Divisions pursuant to:

(i)

Article III (Land Use Districts);

(ii)

Section 403-2 (Master Plan—Minimum Requirements for all Development);

(iii)

Section 406-6 (Mixed Solid Waste and Recyclables Storage Facilities);

(iv)

Section 407-7 (Urban Street Tree Standards);

(v)

Section 409 (Private Streets);

(vi)

Section 410 (Grading and Drainage);

(vii)

Section 413 (Parking and Loading);

(viii)

Section 416 (Utility Design);

(ix)

Section 418 (Setbacks);

(x)

Section 421 (Floodplain and Drainage Hazard Areas);

(xi)

Section 422 (Significant Natural Resources);

(xii)

Section 430-37 (Detached Dwelling Unit (Single) on Lot of Record, Middle Housing Duplex, and Type II Middle Housing);

(xiii)

Section 431 (Transit Oriented Design Principles, Standards and Guidelines); and

(xiv)

Article V (Public Facilities and Services).

(2)

Evidence of compliance with Section 606 and all Articles/Sections listed under 606-4.1 B.(1)(b) specifically as they apply to a Middle Housing Land Division.

(3)

(4)

Plan information showing exactly one dwelling unit per resulting lot or parcel, except for lots, parcels or tracts used as common areas.

(5)

No housing that is not Middle Housing as defined in this Code.

(6)

Consistent with (4) and (5), above, for any existing Single Detached Dwelling Unit or Accessory Dwelling Unit to be retained:

(a)

(b)

Inclusion on its own separate lot within the Middle Housing Land Division.

See also 430-2 (Accessory Dwelling Unit) and 430-84 (Middle Housing) regarding existing dwellings and implications for a Middle Housing Land Division.

(7)

(8)

(9)

Plans showing proposed easements necessary for each dwelling unit for:

(a)

Locating, accessing, replacing and servicing all utilities;

(b)

Pedestrian access from each dwelling unit to a private or public road;

(c)

Any common use areas or shared building elements;

(d)

Any dedicated driveways or parking; and

(e)

Any dedicated common area.

NOTE: Applicants who choose to submit building permit applications at the same time as a Middle Housing Land Division application should consult with Building Services about timing implications.

The applicant shall submit a preliminary plat showing:

(1)

Compliance with Section 606-4.1 B., above;

(2)

Names and addresses of the owner(s), engineer or surveyor, and, when applicable, the designer of the Middle Housing Land Division;

(3)

Date of preliminary plat preparation;

(4)

For a Middle Housing Land Division that is a Subdivision (four or more resulting Middle Housing lots), the proposed Subdivision name;

(5)

A scaled drawing of the Middle Housing Land Division (see Section 606-4.1 A.);

(6)

(7)

(8)

(a)

(b)

(c)

Private street improvements, as required under Section 409, where a lot resulting from a Middle Housing Land Division will front a private street;

(9)

Location, width, and purpose of all recorded or proposed easements in or abutting the site;

(10)

Area of the existing parent lot or parcel and each lot or parcel to result from the Middle Housing Land Division, and dimensions of all existing and proposed property lines;

(11)

Identification of:

(a)

Proposed Middle Housing lots or parcels intended for sale;

(b)

Land to be dedicated or reserved for any other purpose, public or private; and

(c)

Land not intended to be buildable;

(12)

(13)

Location of all proposed Middle Housing units and structures, and their setbacks to existing and proposed property lines;

(14)

Separate utilities for each dwelling unit as required under 606-4.1 B.(8);

(15)

(16)

The tentative approval for a Middle Housing Land Division application shall include a condition requiring a notation on the final plat which states that:

(1)

Approval was granted under Community Development Code standards for a Middle Housing Land Division; and

(2)

Further division of the resulting lots or parcels is prohibited.

The tentative approval for a Middle Housing Land Division is void if and only if a final Subdivision or Partition plat is not recorded within three years of the tentative approval.

606-4.2

Final Review of Middle Housing Land Divisions

The tentative approval of a Middle Housing Land Division is void if and only if a final plat is not recorded within three years of the tentative approval.

Building permits for a Middle Housing development shall not be issued prior to recording of the final plat.

Requests for final Current Planning review of a Middle Housing Land Division shall include the following information:

(1)

Copies of the proposed final plat which shall include the following information:

(a)

Plat notations required by Section 606-4.1 E.;

(b)

The location, right-of-way, width and centerline of all streets within the boundary of the site;

(c)

(d)

The name of new streets as approved by the County Surveyor;

(e)

Labels identifying proposed lots or parcels intended for sale, and the intended purpose of all other land within the site, consistent with Section 606-4.1 D.(11);

(f)

A declaration as required by ORS Ch. 92.075;

(g)

(2)

Supplemental information, including but not limited to:

(a)

A copy of any proposed deed restrictions;

(b)

Dedication deeds requiring separate documents;

(c)

Warranty deeds conveying property to the county, the State of Oregon or other public agency;

(d)

Certification that construction plans have been approved by the Engineering Division for public improvements required under Sections 410, 606 and Article V, and the applicant has either:

(i)

Installed all such improvements; or

(ii)

Executed an agreement accompanied by the financial assurance as provided by Section 501-8.6 for public improvements;

(e)

(f)

For private streets, documentation required by Section 409-3.4 and 409-4; and

(g)

Provisions for access to and maintenance of drainage areas that are partially or fully outside right-of-way, if any.

(Ord. No. 890A, § 2.A.(Exh. 1, § 32.), 2-7-23, eff. 3-9-23)

606-5

Filing and Recording Middle Housing Land Divisions

606-5.1

Within three years of tentative approval, the final plat for a Middle Housing Land Division shall be recorded with the Department of Assessment & Taxation.

606-5.2

Supplemental information that must be recorded shall be recorded immediately after recording the plat.

606-5.3

Final Middle Housing Land Division plats shall be approved and signed by the County Surveyor, the County Assessor, and the Chair or Vice-Chair of the Board of Commissioners prior to recording.

606-5.4

No lot or parcel resulting from a Middle Housing Land Division shall be sold prior to recording of the final approved plat.

(Ord. No. 890A, § 2.A.(Exh. 1, § 32.), 2-7-23, eff. 3-9-23)

606-6

Subsequent Land Divisions and Property Line Adjustments

Further division of lots or parcels resulting from a Middle Housing Land Division is prohibited.

(Ord. No. 890A, § 2.A.(Exh. 1, § 32.), 2-7-23, eff. 3-9-23)

606-7

Revisions to Middle Housing Land Divisions

Except for revisions to an application with tentative approval that are required for final approval, revisions to a Middle Housing Land Division with tentative or final approval shall be:

Processed as a new application; and

Subject to the Middle Housing Land Division standards that are in effect at the time the new application is submitted.

(Ord. No. 890A, § 2.A.(Exh. 1, § 32.), 2-7-23, eff. 3-9-23)

606-8

Special Assessments for Middle Housing Land Divisions

(Ord. No. 890A, § 2.A.(Exh. 1, § 32.), 2-7-23, eff. 3-9-23)

606-9

Survey and Monumentation Requirements

(Ord. No. 890A, § 2.A.(Exh. 1, § 32.), 2-7-23, eff. 3-9-23)

606-10

Development on Lots or Parcels Resulting from a Middle Housing Land Division

Development shall occur in accordance with Section 606 and standards of all applicable Sections of this Code specified within Section 606.

Only one dwelling unit is permitted on each lot resulting from a Middle Housing Land Division. Accessory Dwelling Units are not permitted.

(Ord. No. 890A, § 2.A.(Exh. 1, § 32.), 2-7-23, eff. 3-9-23)

610 - STANDARD LAND DIVISIONS AND PROPERTY LINE ADJUSTMENTS OUTSIDE AN URBAN GROWTH BOUNDARY

610-1

Property Line Adjustments (Property Line Relocation)

A property line adjustment is the relocation or consolidation of a common boundary line between two or more abutting properties where an additional lot or parcel is not created.

610-1.1

General Limitations

Property line adjustments are limited as follows:

(1)

In the EFC District, no lot or parcel shall be reconfigured to qualify for a Dwelling under Section 430-37.2 E.(2) with the exception of those Type I adjustments described under Section 610-1.1 B.

(2)

Property line adjustments that result in lots or parcels of less than two acres shall provide:

(a)

(b)

Documentation from the Water Master that property(ies) less than two acres in size can accommodate public water or an on-site water source.

(3)

(4)

For property line adjustments on lots or parcels with two or more land use districts, the minimum lot size shall be based on the predominant land use district of the parcel.

(5)

Lots that were created through a Measure 49 authorization shall not be increased by a Property Line Adjustment to exceed the following size limitations established by OAR 660-041-0180(2):

(a)

Two acres if the property is located on high-value farm or forest land, or on land within a ground water restricted area; or

(b)

Five acres if the property is not located on high-value farm or forest land, and is not on land within a groundwater restricted area.

Property Line Adjustments Permitted Through a Type I Procedure

Property lines in the EFU, AF-20, AF-10, AF-5, RR-5, R-COM, R-IND and MAE Districts shall be adjusted through a Type I procedure provided:

(1)

Both properties meet or exceed the minimum lot or parcel size for the applicable district; or

(2)

Equal land areas are exchanged; or

(3)

No lot or parcel is reduced in size below the minimum lot size for the District except for the following:

(a)

(b)

Where a parcel has a lawfully established structure which is in violation of a setback requirement. The adjustment shall not be larger than the minimum size necessary to correct the violation; or

(c)

Where a parcel is being reconfigured for the purpose of a Federal project for creation of, restoration of or enhancement of wetlands; or

(d)

When a parcel is reconfigured to provide adequate sight distance as determined by the County Engineer; or

(e)

(4)

(5)

Property Line Adjustments Permitted Through a Type II Procedure

(1)

Both properties meet or exceed the minimum lot or parcel size for the applicable district; or

(2)

(3)

Both abutting properties are smaller than the minimum lot or parcel size for the applicable district before and after the adjustment.

(4)

(5)

(6)

610-1.2

Submission Requirements

In addition to the requirements of Section 203-3, all applications for a property line adjustment outside a UGB shall include the following:

Name(s), address(es) and telephone number(s) of the owner(s), agent(s) and surveyor(s);

A plot plan showing:

(1)

All existing and proposed property lines;

(2)

All existing and proposed structures;

(3)

Existing and proposed easements;

(4)

The location of any floodplain, drainage hazard areas and other areas subject to flooding or ponding; and

(5)

Existing subsurface sewerage systems, including drainfields and associated easements, within 10 feet of an existing or proposed property line.

Existing and proposed lot or parcel sizes.

610-1.3

Review Standards

In addition to the applicable requirements of Section 610-1.1, property line adjustments shall meet the following standards:

No additional unit(s) of land shall be created as a result of the property line adjustment;

No property line adjustment shall result in a property line that violates the setback of the applicable land use district unless a variance to the standard is approved; and

The adjusted parcels meet the sight distance requirements of Section 501-9.5.

610-1.4

Survey Requirements

As set forth in Section 602-11.

610-1.5

Filing and Recording

As set forth in Section 602-1.

(Ord. No. 809, § 2.E.(Exh. 5, § 5), 8-16-2016, eff. 9-15-2016; Ord. No. 866, § 2.C.(Exh. 3, § 26, 9-1-20, eff. 10-1-20)

610-2

Rural Standard Land Divisions (Standard Partitions and Standard Subdivisions)

610-2.1

Procedures

Standard Partitions and Standard Subdivisions shall be processed through a two-step process consisting of a preliminary review and a final review.

Preliminary Review:

The preliminary review of a Standard Partition or Standard Subdivision shall:

(1)

Be through a Type II procedure when no variance from the standards of this Code is required; or

(2)

Be through a Type III procedure when a variance from the applicable standards of this Code is required or when in conjunction with a Type III development.

(3)

Expire automatically four years from the date of approval.

(a)

A request for final review, which includes all required information, is filed with the County; or

(b)

A request for an extension is filed with the County pursuant to Article II; or

(c)

Final Review:

610-2.2

Review Standards

Preliminary Review:

The proposed Standard Partition or Standard Subdivision shall be reviewed for compliance with the applicable provisions of this Code, including Section 601-1.

Final Review:

(1)

(2)

Any request for final approval submitted prior to expiration, but the expiration date subsequently passes and final approval is not granted for lack of the required information, shall be denied if the required information is not submitted within 60 days of the expiration. In this situation, the preliminary approval as expired and shall be null and void.

Notwithstanding any other provisions, a proposed Standard Subdivision or Standard Partition shall comply with all applicable provisions of State law.

610-2.3

Submission Requirements for Preliminary Review of Rural Standard Land Divisions

A preliminary plat which includes the following:

(1)

A graphic representation of the Standard Land Division drawn to a scale which is noted on the drawing.

In all cases the scale used shall be standard, being ten, 20, 30, 40, 50, or 60 feet to the inch or multiples of ten of any one of these scales;

(2)

Names and addresses of the owner(s) and, when applicable, names and addresses of the designer of the Standard Subdivision or Standard Partition, engineer or surveyor;

(3)

Date of preliminary plat preparation;

(4)

For Standard Subdivisions, the proposed name;

(5)

Existing streets or roads (public or private) - location, names, right-of-way and pavement widths on and abutting the site, and the location of existing and proposed access points;

(6)

Proposed streets or roads (public or private) - location, right-of-way and pavement widths, approximate radius of curves and approximate grades of proposed streets on the subject property and within 300 feet of the site. An outline plan illustrating a future street plan shall also be provided for all property adjacent to the proposed site and all contiguous property under common ownership;

(7)

Easements - locations, widths, and purpose of all recorded or proposed easements in or abutting the proposed site;

(8)

Public utilities - location of all existing and proposed storm sewers, sanitary sewers and water lines, if any;

(9)

Flood areas - the location of any floodplain, drainage hazard areas and other areas subject to flooding or ponding (see Sections 410 and 421);

(10)

Significant Natural Resources - the location of areas designated as a Significant Natural Resource on the Rural/Natural Resource Plan Element (see Section 422);

(11)

Lot dimensions - all existing property lines and their lengths, and the approximate location and dimensions of all proposed lots or parcels;

(12)

Lot size - the minimum proposed lot or parcel size;

(13)

Existing structures - location and present use of all structures on the site and indication of which, if any, structures are to remain after platting;

(14)

A generalized vegetation map of existing trees. This information may be shown on the preliminary plat provided all information is legible;

Preliminary utility plans for sewer, water and storm drainage when these utilities are to be provided. This information may be included on the preliminary plat provided all information is legible;

Subsurface sewerage systems - location of all existing systems, including drainfields and associated easements; and

610-2.4

Submission Requirements for Final Review of all Standard Land Divisions

Requests for final review of a Standard Subdivision or Standard Partition shall be submitted within four years of preliminary approval and shall include the following information:

Necessary copies of the final plat, which shall include the following information:

(1)

The right-of-way location, width and centerline of all streets within the boundary of the site;

(2)

(3)

The name of new streets approved by the County Surveyor;

(4)

(5)

A declaration as required by ORS Ch. 92.075;

(6)

A non-graphic notation on the plat of any floodplain or drainage hazard area, including the floodplain or drainage hazard area elevation and the affected lots or parcels;

(7)

Plat restrictions required in the preliminary approval; and

(8)

Supplemental Information, including but not limited to:

(1)

A copy of any proposed deed restrictions;

(2)

Dedication deeds requiring separate documents;

(3)

Warranty deeds conveying property to the county, the State of Oregon or other public agency;

(4)

Certification that public street improvement construction plans have been approved by the Engineering Division and the applicant has either:

(a)

Installed all improvements required pursuant to the provisions of the preliminary approval and this Article; or

(b)

Executed an agreement accompanied by the financial assurance as provided by Section 501-8.6 for public improvements;

(5)

Provisions for access to and maintenance of off-right-of-way drainage, if any; and

(6)

Convey to Washington County by fee title a one-foot non-access tract at the terminus of all on-site public stub streets, if any.

610-2.5

Survey Requirements

As set forth in Section 602-11.

610-2.6

Filing and Recording

Final plats shall be filed and recorded as set forth in Section 602-1.

610-2.7

Phased Development

(Ord. No. 813, § 2.C.(Exh. 3, § 7), 8-23-2016, eff. 11-25-2016; Ord. No. 890A, § 2.A.(Exh. 1, §§ 1., 33.), 2-7-23, eff. 3-9-23)

610-3

General Development Review Standards

In addition to the other standards in this Code, the following standards shall apply to all Standard Land Divisions outside an urban growth boundary in Washington County.

610-3.1

Storm Drainage Systems

The following storm drainage requirements shall apply to all Standard Land Divisions unless otherwise indicated.

Storm drainage systems shall:

(1)

Be developed in accordance with the adopted Washington County Road Standards and be approved by the county;

(2)

Be constructed and installed throughout the development to carry off water from all inlets and catch basins, if any;

(3)

Be connected to a discharge facility which may include detention and retention basins or other storage facilities as may be found appropriate by the county;

(4)

(5)

Conform to any official drainage master plan adopted by the Board;

Copies of design computation of the stormwater system shall be provided for review and approval by the county where applicable.

If a proposed development is traversed by a watercourse, drainageway, channel or stream, the proposed development shall:

(1)

Provide an easement or tract over the watercourse, drainage way, channel or stream for drainage or stormwater purposes. The easement or tract shall:

(a)

Substantially conform to the boundaries of the water course, drainage way, channel or stream at design flood, except as permitted by Section 421; and

(b)

Provide adequate width for access and maintenance of drainage facilities.

(2)

Include retention and detention basins when a part of an approved drainage plan.

610-3.2

Streets and Street Improvements

When provided, stormwater inlets, catch basins and fire protection facilities shall be constructed and installed in the right-of-way at points approved by the county;

Street plans shall indicate the direction of storm drainage flow;

The minimum right-of-way of streets shall comply with the adopted Transportation Plan;

In all Standard Subdivisions all developments shall comply with adopted county sight distance standards;

Streets, existing and future shall:

(1)

Provide reasonable circulation of traffic within the development;

(2)

Provide for adequate runoff of stormwater;

(3)

Provide for general public convenience and safety in the areas to be served;

(4)

Not allow the intersection of more than two streets at any one point;

(5)

Be designed to encourage safe and efficient traffic flow;

(6)

Be aligned to discourage through traffic on minor streets; and

610-3.3

Public Utilities

Utility lines for telephone, gas, cable television and electric services, which serve more than one lot or parcel, shall conform to ORS Ch. 92 and be placed in easements as set forth in Section 416. All utilities shall be underground except as approved through Section 416;

Transformers shall be located in a manner not hazardous to the public or unsightly in appearance; and

The Board of Commissioners may, by resolution and order or ordinance, promulgate rules and regulations governing location of public utilities.

610-3.4

Lots In All Standard Subdivisions

Double-frontage lots shall be prohibited unless the Review Authority finds:

(1)

They are essential to provide separation of existing or proposed residential uses from Arterials or adjacent nonresidential activities; and/or

(2)

They are needed to overcome specific disadvantages of topographical orientation.

An additional lot depth may be required by the Review Authority on through or double-frontage lots.

Wherever possible, side lot lines shall be at right angles or radial to the street on which the lots face, except where lots abut a cul-de-sac or hammerhead street terminus.

Remnant lands which cannot meet Code requirements shall be added to adjacent lots or parcels unless such lands are designated as permanent open space.

Lots or parcels intended to be buildable which abut a watercourse, drainageway, channel or stream may be required to have additional width or depth to provide a building site which meets Code requirements. In addition, the Review Authority shall require that any lot or parcel not intended to be buildable be clearly indicated as unbuildable in the Standard Subdivision or Standard Partition plat.

610-3.5

Blocks

610-3.6

Easements

Easements shall be provided in accordance with Section 416.

(Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

Washington County Unincorporated
City Zoning Code

ARTICLE VI

LAND DIVISIONS AND PROPERTY LINE ADJUSTMENTS

600 - INTRODUCTION

Article VI establishes applicable review procedures and approval criteria for Land Divisions and property line adjustments in unincorporated Washington County.

(Ord. No. 890A, § 2.A.(Exh. 1, § 27.), 2-7-23, eff. 3-9-23)

600-1

Intent and Purpose

The intent of Article VI is to provide regulations for land divisions and property line adjustments in unincorporated Washington County to:

Protect and provide for the public health, safety and general welfare;

Guide future growth and development in accordance with the Comprehensive Plan;

Secure protections against fire, flood, and other danger;

Ensure that public facilities are available with adequate quality and capacity;

Encourage the conservation of energy resources and provide the opportunity for utilization of solar energy through protection of solar access; and

Encourage safe and convenient pedestrian and bicycle access.

(Ord. No. 890A, § 2.A.(Exh. 1, § 27.), 2-7-23, eff. 3-9-23)

601 - APPLICABILITY

Standard Land Divisions, Middle Housing Land Divisions, and property line adjustments are subject to County approval under this Article.

601-1

Standard Land Divisions and Property Line Adjustments

601-1.1

The provisions of Sections 601, 602, and 603 shall apply to all Standard Land Divisions, and all property line adjustments, except as otherwise specified in this Article.

601-1.2

Additionally, Standard Land Divisions and property line adjustments are subject to the following:

Inside an urban growth boundary—Section 605

Outside an urban growth boundary—Section 610

601-1.3

Community Plan Provisions:

(1)

General Design Elements;

(2)

Subarea Provisions, including the Design Elements and Area of Special Concern and Potential Park/Open Space/Recreation Requirements;

(3)

Significant Natural Resource Designations;

(4)

Historic and Cultural Resource Designations;

(5)

Mineral and Aggregate Resource Designations (District A and B designations);

(6)

Major Bus Stop Designations;

(7)

Interim Light Rail Station Overlay Designations;

(8)

Local Street Connectivity Lands Designations;

(9)

Pedestrian Connectivity Areas;

(10)

Transportation Functional Classification Map;

(11)

Transportation Circulation Designations; and

(12)

Street Corridor, Arterial Access and Pedestrian System Designations.

Rural/Natural Resource Plan Provisions:

(1)

Significant Natural Resource Designations;

(2)

Historic and Cultural Resource Designations;

(3)

Mineral and Aggregate Resource Designations (District A and B designations);

(4)

Habitat Protection Plan;

(5)

(6)

Transportation Functional Classification Map.

Comprehensive Framework Plan for the Urban Area

(1)

Policy 41, Urban Growth Boundary Expansions

The Transportation System Plan

(1)

Goals 2, 3, 4, 5, 6, 7, 8, 9 and 11, including their implementing objectives and strategies;

(2)

The Functional Classification System Map;

(3)

The Lane Numbers Map;

(4)

The Special Area Street Overlay Map;

(5)

The Transit System Map;

(6)

The Bicycle System Map; and

(7)

The Pedestrian System Map.

(Ord. No. 890A, § 2.A.(Exh. 1, § 28.), 2-7-23, eff. 3-9-23; Ord. No. 903, § 2.M.(Exh. 13, § 21.), 10-15-24, eff. 11-14-24)

601-2

Middle Housing Land Divisions

601-2.1

Section 606 shall apply to all Middle Housing Land Divisions. Sections 601-1, 602 and 603 do not apply to a Middle Housing Land Division.

601-2.2

In accordance with ORS 197.360 a Middle Housing Land Division is not a land use decision, a limited land use decision or a permit.

(Ord. No. 890A, § 2.A.(Exh. 1, § 28.), 2-7-23, eff. 3-9-23)

602 - GENERAL PROVISIONS FOR STANDARD LAND DIVISIONS AND PROPERTY LINE ADJUSTMENTS

602-1

Filing and Recording

602-1.1

602-1.2

602-1.3

All Standard Subdivision plats shall be approved and signed by the County Surveyor, the County Assessor, and the Chairperson or Vice-Chairperson of the Board of Commissioners prior to recording.

602-1.4

Section 602 does not apply to a Middle Housing Land Division as defined in Section 106 (see Section 606).

(Ord. No. 890A, § 2.A.(Exh. 1, §§ 1., 29.), 2-7-23, eff. 3-9-23)

602-2

Expiration

The final approval for a Standard Land Division shall expire after 2 years, and the approval for a property line adjustment shall expire after 4 years, unless prior to expiration:

The Standard Land Division or property line adjustment has been filed and recorded (as approved); or

An extension according to the provisions of Section 201-5 has been requested; or

Development has commenced pursuant to Section 201-6.

(Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

602-3

Subsequent Standard Land Divisions and Property Line Adjustments

Standard Land Division

Property Line Adjustment

(Ord. No. 889A, § 2.C.(Exh. 3, § 19.), 2-7-23, eff. 3-9-23)

602-4

Recordation Prior to Sale

No lot or parcel created by Standard Land Division shall be sold prior to filing and recording as specified in Section 602-1.

(Ord. No. 889A, § 2.C.(Exh. 3, § 19.), 2-7-23, eff. 3-9-23)

602-5

Minor Revisions to Preliminary Approved Standard Land Divisions

602-5.1

Minor revisions to a preliminary approval for a Standard Land Division may be made through a Type I procedure for the following:

Lot dimensions;

Street locations;

Lot patterns;

Density decreases;

Phasing of the development, including the addition of phasing or adjusting approved phasing, subject to Section 602-5.2 G.;

Inclusion of a gated private street, subject to Section 409-4.6; and

Adjustments to parent lot(s) or parcel(s) property lines, in accordance with the applicable provisions in Section 605 or Section 610.

602-5.2

Minor revisions shall meet the following standards:

Permanent "dead-end" streets within a development shall not be changed to a stub street which abuts an adjacent property or connected to an exterior adjacent street;

Density decreases shall not exceed 5% and must meet the minimum density standards required in the applicable land use district;

Lot dimensions and lot patterns: Minor changes to lot dimensions and lot patterns may occur, but the overall lotting pattern shall remain the same as the original.

602-5.3

All other revisions shall be processed as a new application and shall be subject to the standards that are in effect at the time the new application is submitted.

(Ord. No. 855, § 2.A.(Exh. 1, § 26), 8-6-19, eff. 11-28-19; Ord. No. 889A, § 2.C.(Exh. 3, § 19.), 2-7-23, eff. 3-9-23; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

602-6

Revisions to Standard Land Divisions with Final Approval

(Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

602-7

Relocation of Access(es) for a Final Approved Standard Partition for Nonfarm Parcels

No existing or final approved property lines can be relocated;

The access(es) can only be relocated on the property which was part of the initial application; and

The request complies with the standards of Subsection 501-8.5 F. (Sight Distance Standards).

(Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

602-8

Standards for Phased Developments

602-9

Waiver or Deferral of Requirement

If in the judgment of the Director, a requirement is not applicable, the Director may waive the requirement or defer the requirement to a later stage of development.

602-10

Special Assessments

(Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

602-11

Survey and Monumentation Requirements

602-11.1

Property Line Adjustments

A common property line that is relocated through a property line adjustment shall be surveyed and monumented unless the affected parcels are greater than 10 acres.

When required, surveys shall be filed with the County Surveyor after filing and recording the necessary deeds with the Department of Assessment & Taxation Recording Division.

Recorded deed numbers must be shown on the record of survey.

602-11.2

Standard Partitions

602-11.3

Standard Subdivisions

Standard Subdivision plats shall be surveyed and monumented in accordance with the requirements of ORS Ch. 92.

(Ord. No. 833, § 2.A.(Exh. 1, § 9), 8-7-18, eff. 9-6-18; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

603 - SUBDIVISION COMMITTEE

603-1

(Ord. No. 890A, § 2.A.(Exh. 1, § 30.), 2-7-23, eff. 3-9-23)

603-2

603-3

(Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

603-4

605 - STANDARD LAND DIVISIONS AND PROPERTY LINE ADJUSTMENTS INSIDE AN URBAN GROWTH BOUNDARY

605-1

Property Line Adjustment (Property Line Relocation)

A property line adjustment is the relocation or consolidation of a common boundary line between two or more abutting properties where an additional lot or parcel is not created.

605-1.1

General Limitations

Property line adjustments are limited as follows:

(1)

(2)

For property line adjustments on lots or parcels with two or more land use districts, the minimum lot size shall be based on the predominant land use district of the parcel.

Property Line Adjustments Permitted Through a Type I Procedure

Property line adjustments shall be processed through a Type I procedure, unless otherwise specified in this Code, provided that:

(1)

Both properties meet or exceed the minimum lot or parcel size for the applicable district; or

(2)

Equal land areas are exchanged; or

(3)

(4)

605-1.2

Submission Requirements

In addition to the requirements of Section 203-4, all applications for a property line adjustment shall include the following:

Name(s), address(es) and telephone number(s) of the owner(s), agent(s) and surveyor(s).

A plot plan showing:

(1)

All existing and proposed property lines;

(2)

All existing and proposed structures;

(3)

Existing and proposed easements;

(4)

The location of any floodplain, drainage hazard areas and other areas subject to flooding or ponding; and

(5)

The location of any water quality sensitive areas and vegetated corridors.

Existing and proposed lot sizes.

605-1.3

Review Standards

605-1.4

Survey Requirements

As set forth in Section 602-11.

605-1.5

Filing and Recording

As set forth in Section 602-1.

(Ord. No. 866, § 2.C.(Exh. 3, § 25), 9-1-20, eff. 10-1-20)

605-2

Urban Standard Land Divisions (Partitions and Subdivisions)

605-2.1

Procedures

Standard Partitions and Standard Subdivisions shall be processed through a two-step process consisting of a preliminary review and a final review.

Preliminary Review:

The preliminary review of a Standard Partition or Standard Subdivision shall:

(1)

Be through a Type I procedure when in an approved Special Industrial Overlay District (SID) and in conformance with the approved SID - Section 377;

(2)

Be through a Type II procedure when no variance from the standards of this Code is required; or

(3)

(4)

Expire automatically four years from the date of approval unless prior to expiration:

(a)

A request for final review, which includes all required information, is filed with the County; or

(b)

A request for an extension is filed with the County pursuant to Article II; or

(c)

Final Review:

605-2.2

Review Standards

Preliminary Review:

The proposed Standard Partition or Standard Subdivision shall be reviewed for compliance with the applicable provisions of this Code, including Section 601-1.

Final Review:

(1)

(2)

Notwithstanding any other provisions, a proposed Standard Subdivision or Standard Partition shall comply with all applicable provisions of State law.

605-2.3

Submission Requirements for Preliminary Review of Urban Standard Land Divisions

A preliminary plat which includes the following:

(1)

(2)

Names and addresses of the owner(s) and, when applicable, names and addresses of the designer of the Standard Subdivision or Standard Partition, engineer or surveyor;

(3)

Date of preliminary plat preparation;

(4)

For Standard Subdivisions, the proposed name;

(5)

Existing streets or roads (public or private) - location; names; right-of-way and pavement widths on and abutting the site; and the location of existing and proposed access points;

(6)

(7)

Easements - locations, widths, and purpose of all recorded or proposed easements in or abutting the proposed site;

(8)

Public utilities - location of all existing and proposed storm sewers, sanitary sewers and water lines;

(9)

Flood areas - the location of any floodplain, drainage hazard areas and other areas subject to flooding or ponding (see Sections 410 and 421);

(10)

Significant Natural Resources - the location of areas designated as a Significant Natural Resource on a Community Plan (see Section 422);

(11)

Lot dimensions - all existing property lines and their lengths and the approximate location and dimensions of all proposed lots or parcels;

(12)

(13)

Existing structures - location and present use of all structures on the site and indication of which, if any, structures are to remain after platting;

(14)

(15)

The location of any water quality sensitive areas and vegetated corridors.

Preliminary utility plans for sewer, water, storm drainage, and street lighting for new public streets. This information may be included on the preliminary plat provided all information is legible;

605-2.4

Submission Requirements for Final Review of all Standard Land Divisions

Requests for final review of a Standard Subdivision or Standard Partition shall be submitted within 4 years of preliminary approval and shall include the following information:

Necessary copies of the final plat which shall include the following information:

(1)

The location, right-of-way, width and centerline of all streets within the boundary of the site;

(2)

(3)

The name of new streets as approved by the County Surveyor;

(4)

(5)

A declaration as required by ORS Ch. 92.075;

(6)

A non-graphic notation on the plat of any floodplain or drainage hazard area, including the floodplain or drainage hazard area elevation and the affected lots or parcels; and

(7)

Plat restrictions required in the preliminary approval.

Supplemental information, including but not limited to:

(1)

A copy of any proposed deed restrictions.

(2)

Dedication deeds requiring separate documents.

(3)

Warranty deeds conveying property to the county, the State of Oregon or other public agency.

(4)

Certification that public street improvement construction plans have been approved by the Engineering Division and the applicant has either:

(a)

Installed all improvements required pursuant to the provisions of the preliminary approval and this Article; or

(b)

Executed an agreement accompanied by the financial assurance as provided by Section 501-8.6 for public improvements.

(5)

For private streets, any documentation required by Section 409-3.4.

(6)

Provisions for access to and maintenance of off-right-of-way drainage, if any.

Convey to Washington County by fee title a 1-foot non-access tract at the terminus of all on-site public stub streets, if any.

605-2.5

Survey Requirements

As set forth in Section 602-11.

605-2.6

Filing and Recording

Final plats shall be filed and recorded as set forth in Section 602-1.

(Ord. No. 855, § 2.A.(Exh. 1, § 27), 8-6-19, eff. 11-28-19; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

605-3

Development Standards for Urban Standard Land Divisions

In addition to the other standards in this Code, the following standards shall apply to all Standard Land Divisions within the urban unincorporated portions of Washington County.

605-3.1

Sewers

605-3.2

Storm Drainage Systems

Storm drainage systems shall:

(1)

Be approved by the county;

(2)

Be constructed and installed throughout the development site to carry off water from all inlets and catch basins;

(3)

Be connected to a discharge facility which may include detention and retention basins or other storage facilities as may be found appropriate by the county;

(4)

(5)

Conform to any official drainage master plan adopted by the Board.

Copies of design computation of the stormwater system shall be provided for review and approval by the county.

If a development site is traversed by a water course, drainageway, channel or stream, the development shall:

(1)

Include retention and detention basins when part of an approved drainage plan and;

(2)

Provide an easement or tract over the water course, drainage way, channel or stream for drainage or stormwater purposes. The easement or tract shall:

(a)

Substantially conform to the boundaries of the water course, drainage way, channel or stream at design flood, except as permitted by Section 421; and

(b)

Provide adequate width for access and maintenance of drainage facilities.

605-3.3

Streets and Street Improvements

Stormwater inlets, catch basins and fire protection facilities shall be constructed and installed in the right-of-way at points approved by the county;

Street plans shall indicate the direction of storm drainage flow along all curbs;

The minimum right-of-way of streets shall comply with the adopted Transportation System Plan;

All developments shall comply with adopted county sight distance standards;

Streets, existing and future, shall:

(1)

Be consistent with the standards of Section 408 (Neighborhood Circulation);

(2)

Provide for general public convenience and safety in the areas to be served;

(3)

Not allow the intersection of more than two streets at any one point;

(4)

Be designed to encourage safe and efficient traffic flow;

(5)

Be designed to discourage through traffic on minor streets; and

(6)

County and public streets shall not be gated or barricaded except when required by the Director to address an operational or safety issue or as permitted by Section 431-4.2 E (2).

605-3.4

Public Utilities

Transformers shall be located in a manner not hazardous to the public or unsightly in appearance; and

The Board of Commissioners may, by resolution and order or ordinance, promulgate rules and regulations governing location of public utilities.

605-3.5

Sidewalks

Sidewalks shall be provided as required in Articles IV and V.

605-3.6

Lots or Parcels

Double-frontage lots or parcels shall be prohibited unless the Review Authority finds:

(1)

They are essential to provide separation of existing or proposed residential uses from Collectors or Arterials or adjacent nonresidential activities; and/or

(2)

They are needed to overcome specific disadvantages of topographical orientation.

An additional lot depth may be required by the Review Authority on double frontage lots.

Wherever possible, side lot lines shall be at right angles or radial to the street on which the lots face except where lots abut a cul-de-sac or hammerhead street terminus.

Remnant lands which cannot meet Code requirements shall be added to adjacent lots or parcels, not left as unusable parcels unless such lands are designated as permanent open space.

605-3.7

Blocks

Blocks shall not exceed 600 feet in length and 1,800 feet in perimeter, except as allowed through the provision of Sections 408-5 and 408-6.

605-3.8

Easements

Sewer, water, utility or planting easements shall be sized as deemed appropriate by the Review Authority.

(Ord. No. 890A, § 2.A.(Exh. 1, §§ 1., 31.), 2-7-23, eff. 3-9-23)

606 - MIDDLE HOUSING LAND DIVISION

(Ord. No. 890A, § 2.A.(Exh. 1, § 32.), 2-7-23, eff. 3-9-23)

606-1

Application Completeness, Notice, Comment Period

606-1.1

Completeness

606-1.2

Notice of complete application

The County shall provide written notice of the receipt of a complete Middle Housing Land Division application to:

(1)

Any state agency, local government or special district responsible for providing public facilities or services to the development;

(2)

The Community Participation Organization whose boundaries include the site; and

(3)

The required notice shall include:

(1)

The street address or other easily understood geographical reference to the subject property;

(2)

The time and place where copies of all evidence submitted by the applicant will be available for review;

(3)

The applicable criteria for the Middle Housing Land Division decision;

(4)

A brief summary of the County's decision-making process for the Middle Housing Land Division decision;

(5)

The address for submitting written comments, and the closing date of the 14-day comment period, which shall conclude at the end of the Department of Land Use & Transportation's business day;

(6)

(7)

The name and telephone number of a County contact person.

(Ord. No. 890A, § 2.A.(Exh. 1, § 32.), 2-7-23, eff. 3-9-23)

606-2

Review of a Complete Application—Procedures and Timing

606-2.1

After the County has provided notice per Section 606-1.2, the County shall:

Provide a 14-day period for submission of written comments prior to the decision, consistent with Section 606-1.2 B.(5), above;

Issue a written determination of compliance or noncompliance with applicable land use regulations that provide the basis for the determination, and a summary statement explaining the determination;

Provide notice of the decision to the applicant and to those who received notice under Section 606-1.2 within 63 days of the date of a completed application. The notice of decision shall include:

(1)

The summary statement described in 606-2.1 C.; and

(2)

An explanation of appeal rights under Section 606-3.

606-2.2

The County shall not hold a hearing to make a decision on a Middle Housing Land Division application.

606-2.3

If the County decision on a Middle Housing Land Division application will exceed the 63-day limit applied under 606-2.1 B.:

The applicant may still pursue the remedy provided under A., above, except that the extended period shall be substituted for the 63-day period.

(Ord. No. 890A, § 2.A.(Exh. 1, § 32.), 2-7-23, eff. 3-9-23)

606-3

Appeals—Procedures and Timing

606-3.1.

An appeal of the decision on a Middle Housing Land Division:

Shall be filed with the County within 14 days of the date the notice of decision was mailed.

Shall be accompanied by a deposit for costs.

May only be filed by:

(1)

The applicant; or

(2)

Any person or organization who files written comments in the 14-day period established under 606-1.2 B.(5).

Shall be based solely on one or more of the following allegations:

(1)

Violation of the applicable substantive provisions of this Code;

(2)

Unconstitutionality of the decision;

(3)

(4)

That substantive rights of the applicant or applicable person/organization have been substantially prejudiced by the County due to an error in procedure.

Shall be decided by the Hearings Officer. The Hearings Officer:

(1)

Shall, within seven days of being appointed to decide the appeal, notify the following parties and advise them of the manner in which they may participate in the appeal:

(a)

The applicant;

(b)

The County:

(c)

The appellant if other than the applicant;

(d)

Any person or organization entitled to notice under Section 606-1.2 that provided written comments to the County; and

(e)

All providers of public facilities and services entitled to notice under Section 606-1.2.

(2)

May use any procedure for decision-making consistent with the interests of the parties to ensure a fair opportunity to present information and argument.

(3)

Shall provide the County an opportunity to explain the County's decision but is not limited to reviewing the County's decision and may consider information not presented to the County.

(4)

(5)

May not reduce the density of the Middle Housing Land Division application.

(6)

(7)

May not remand the application to the County for any reason other than as set forth in this section.

The above noted time periods for filing and issuing a decision on an appeal are not included in the time period allowed under Section 606-2.1 for the initial decision.

606-3.2

(Ord. No. 890A, § 2.A.(Exh. 1, § 32.), 2-7-23, eff. 3-9-23)

606-4

Review of Middle Housing Land Divisions

A Middle Housing Land Division is subject to a two-step process involving separate reviews for tentative and final approval.

606-4.1

Tentative approval

A Middle Housing Land Division application that includes the following shall be granted tentative approval:

(1)

(a)

The Oregon Residential Specialty Code;

(b)

Standards of this Code applicable to Middle Housing and Middle Housing Land Divisions pursuant to:

(i)

Article III (Land Use Districts);

(ii)

Section 403-2 (Master Plan—Minimum Requirements for all Development);

(iii)

Section 406-6 (Mixed Solid Waste and Recyclables Storage Facilities);

(iv)

Section 407-7 (Urban Street Tree Standards);

(v)

Section 409 (Private Streets);

(vi)

Section 410 (Grading and Drainage);

(vii)

Section 413 (Parking and Loading);

(viii)

Section 416 (Utility Design);

(ix)

Section 418 (Setbacks);

(x)

Section 421 (Floodplain and Drainage Hazard Areas);

(xi)

Section 422 (Significant Natural Resources);

(xii)

Section 430-37 (Detached Dwelling Unit (Single) on Lot of Record, Middle Housing Duplex, and Type II Middle Housing);

(xiii)

Section 431 (Transit Oriented Design Principles, Standards and Guidelines); and

(xiv)

Article V (Public Facilities and Services).

(2)

Evidence of compliance with Section 606 and all Articles/Sections listed under 606-4.1 B.(1)(b) specifically as they apply to a Middle Housing Land Division.

(3)

(4)

Plan information showing exactly one dwelling unit per resulting lot or parcel, except for lots, parcels or tracts used as common areas.

(5)

No housing that is not Middle Housing as defined in this Code.

(6)

Consistent with (4) and (5), above, for any existing Single Detached Dwelling Unit or Accessory Dwelling Unit to be retained:

(a)

(b)

Inclusion on its own separate lot within the Middle Housing Land Division.

See also 430-2 (Accessory Dwelling Unit) and 430-84 (Middle Housing) regarding existing dwellings and implications for a Middle Housing Land Division.

(7)

(8)

(9)

Plans showing proposed easements necessary for each dwelling unit for:

(a)

Locating, accessing, replacing and servicing all utilities;

(b)

Pedestrian access from each dwelling unit to a private or public road;

(c)

Any common use areas or shared building elements;

(d)

Any dedicated driveways or parking; and

(e)

Any dedicated common area.

NOTE: Applicants who choose to submit building permit applications at the same time as a Middle Housing Land Division application should consult with Building Services about timing implications.

The applicant shall submit a preliminary plat showing:

(1)

Compliance with Section 606-4.1 B., above;

(2)

Names and addresses of the owner(s), engineer or surveyor, and, when applicable, the designer of the Middle Housing Land Division;

(3)

Date of preliminary plat preparation;

(4)

For a Middle Housing Land Division that is a Subdivision (four or more resulting Middle Housing lots), the proposed Subdivision name;

(5)

A scaled drawing of the Middle Housing Land Division (see Section 606-4.1 A.);

(6)

(7)

(8)

(a)

(b)

(c)

Private street improvements, as required under Section 409, where a lot resulting from a Middle Housing Land Division will front a private street;

(9)

Location, width, and purpose of all recorded or proposed easements in or abutting the site;

(10)

Area of the existing parent lot or parcel and each lot or parcel to result from the Middle Housing Land Division, and dimensions of all existing and proposed property lines;

(11)

Identification of:

(a)

Proposed Middle Housing lots or parcels intended for sale;

(b)

Land to be dedicated or reserved for any other purpose, public or private; and

(c)

Land not intended to be buildable;

(12)

(13)

Location of all proposed Middle Housing units and structures, and their setbacks to existing and proposed property lines;

(14)

Separate utilities for each dwelling unit as required under 606-4.1 B.(8);

(15)

(16)

The tentative approval for a Middle Housing Land Division application shall include a condition requiring a notation on the final plat which states that:

(1)

Approval was granted under Community Development Code standards for a Middle Housing Land Division; and

(2)

Further division of the resulting lots or parcels is prohibited.

The tentative approval for a Middle Housing Land Division is void if and only if a final Subdivision or Partition plat is not recorded within three years of the tentative approval.

606-4.2

Final Review of Middle Housing Land Divisions

The tentative approval of a Middle Housing Land Division is void if and only if a final plat is not recorded within three years of the tentative approval.

Building permits for a Middle Housing development shall not be issued prior to recording of the final plat.

Requests for final Current Planning review of a Middle Housing Land Division shall include the following information:

(1)

Copies of the proposed final plat which shall include the following information:

(a)

Plat notations required by Section 606-4.1 E.;

(b)

The location, right-of-way, width and centerline of all streets within the boundary of the site;

(c)

(d)

The name of new streets as approved by the County Surveyor;

(e)

Labels identifying proposed lots or parcels intended for sale, and the intended purpose of all other land within the site, consistent with Section 606-4.1 D.(11);

(f)

A declaration as required by ORS Ch. 92.075;

(g)

(2)

Supplemental information, including but not limited to:

(a)

A copy of any proposed deed restrictions;

(b)

Dedication deeds requiring separate documents;

(c)

Warranty deeds conveying property to the county, the State of Oregon or other public agency;

(d)

Certification that construction plans have been approved by the Engineering Division for public improvements required under Sections 410, 606 and Article V, and the applicant has either:

(i)

Installed all such improvements; or

(ii)

Executed an agreement accompanied by the financial assurance as provided by Section 501-8.6 for public improvements;

(e)

(f)

For private streets, documentation required by Section 409-3.4 and 409-4; and

(g)

Provisions for access to and maintenance of drainage areas that are partially or fully outside right-of-way, if any.

(Ord. No. 890A, § 2.A.(Exh. 1, § 32.), 2-7-23, eff. 3-9-23)

606-5

Filing and Recording Middle Housing Land Divisions

606-5.1

Within three years of tentative approval, the final plat for a Middle Housing Land Division shall be recorded with the Department of Assessment & Taxation.

606-5.2

Supplemental information that must be recorded shall be recorded immediately after recording the plat.

606-5.3

Final Middle Housing Land Division plats shall be approved and signed by the County Surveyor, the County Assessor, and the Chair or Vice-Chair of the Board of Commissioners prior to recording.

606-5.4

No lot or parcel resulting from a Middle Housing Land Division shall be sold prior to recording of the final approved plat.

(Ord. No. 890A, § 2.A.(Exh. 1, § 32.), 2-7-23, eff. 3-9-23)

606-6

Subsequent Land Divisions and Property Line Adjustments

Further division of lots or parcels resulting from a Middle Housing Land Division is prohibited.

(Ord. No. 890A, § 2.A.(Exh. 1, § 32.), 2-7-23, eff. 3-9-23)

606-7

Revisions to Middle Housing Land Divisions

Except for revisions to an application with tentative approval that are required for final approval, revisions to a Middle Housing Land Division with tentative or final approval shall be:

Processed as a new application; and

Subject to the Middle Housing Land Division standards that are in effect at the time the new application is submitted.

(Ord. No. 890A, § 2.A.(Exh. 1, § 32.), 2-7-23, eff. 3-9-23)

606-8

Special Assessments for Middle Housing Land Divisions

(Ord. No. 890A, § 2.A.(Exh. 1, § 32.), 2-7-23, eff. 3-9-23)

606-9

Survey and Monumentation Requirements

(Ord. No. 890A, § 2.A.(Exh. 1, § 32.), 2-7-23, eff. 3-9-23)

606-10

Development on Lots or Parcels Resulting from a Middle Housing Land Division

Development shall occur in accordance with Section 606 and standards of all applicable Sections of this Code specified within Section 606.

Only one dwelling unit is permitted on each lot resulting from a Middle Housing Land Division. Accessory Dwelling Units are not permitted.

(Ord. No. 890A, § 2.A.(Exh. 1, § 32.), 2-7-23, eff. 3-9-23)

610 - STANDARD LAND DIVISIONS AND PROPERTY LINE ADJUSTMENTS OUTSIDE AN URBAN GROWTH BOUNDARY

610-1

Property Line Adjustments (Property Line Relocation)

A property line adjustment is the relocation or consolidation of a common boundary line between two or more abutting properties where an additional lot or parcel is not created.

610-1.1

General Limitations

Property line adjustments are limited as follows:

(1)

In the EFC District, no lot or parcel shall be reconfigured to qualify for a Dwelling under Section 430-37.2 E.(2) with the exception of those Type I adjustments described under Section 610-1.1 B.

(2)

Property line adjustments that result in lots or parcels of less than two acres shall provide:

(a)

(b)

Documentation from the Water Master that property(ies) less than two acres in size can accommodate public water or an on-site water source.

(3)

(4)

For property line adjustments on lots or parcels with two or more land use districts, the minimum lot size shall be based on the predominant land use district of the parcel.

(5)

Lots that were created through a Measure 49 authorization shall not be increased by a Property Line Adjustment to exceed the following size limitations established by OAR 660-041-0180(2):

(a)

Two acres if the property is located on high-value farm or forest land, or on land within a ground water restricted area; or

(b)

Five acres if the property is not located on high-value farm or forest land, and is not on land within a groundwater restricted area.

Property Line Adjustments Permitted Through a Type I Procedure

Property lines in the EFU, AF-20, AF-10, AF-5, RR-5, R-COM, R-IND and MAE Districts shall be adjusted through a Type I procedure provided:

(1)

Both properties meet or exceed the minimum lot or parcel size for the applicable district; or

(2)

Equal land areas are exchanged; or

(3)

No lot or parcel is reduced in size below the minimum lot size for the District except for the following:

(a)

(b)

Where a parcel has a lawfully established structure which is in violation of a setback requirement. The adjustment shall not be larger than the minimum size necessary to correct the violation; or

(c)

Where a parcel is being reconfigured for the purpose of a Federal project for creation of, restoration of or enhancement of wetlands; or

(d)

When a parcel is reconfigured to provide adequate sight distance as determined by the County Engineer; or

(e)

(4)

(5)

Property Line Adjustments Permitted Through a Type II Procedure

(1)

Both properties meet or exceed the minimum lot or parcel size for the applicable district; or

(2)

(3)

Both abutting properties are smaller than the minimum lot or parcel size for the applicable district before and after the adjustment.

(4)

(5)

(6)

610-1.2

Submission Requirements

In addition to the requirements of Section 203-3, all applications for a property line adjustment outside a UGB shall include the following:

Name(s), address(es) and telephone number(s) of the owner(s), agent(s) and surveyor(s);

A plot plan showing:

(1)

All existing and proposed property lines;

(2)

All existing and proposed structures;

(3)

Existing and proposed easements;

(4)

The location of any floodplain, drainage hazard areas and other areas subject to flooding or ponding; and

(5)

Existing subsurface sewerage systems, including drainfields and associated easements, within 10 feet of an existing or proposed property line.

Existing and proposed lot or parcel sizes.

610-1.3

Review Standards

In addition to the applicable requirements of Section 610-1.1, property line adjustments shall meet the following standards:

No additional unit(s) of land shall be created as a result of the property line adjustment;

No property line adjustment shall result in a property line that violates the setback of the applicable land use district unless a variance to the standard is approved; and

The adjusted parcels meet the sight distance requirements of Section 501-9.5.

610-1.4

Survey Requirements

As set forth in Section 602-11.

610-1.5

Filing and Recording

As set forth in Section 602-1.

(Ord. No. 809, § 2.E.(Exh. 5, § 5), 8-16-2016, eff. 9-15-2016; Ord. No. 866, § 2.C.(Exh. 3, § 26, 9-1-20, eff. 10-1-20)

610-2

Rural Standard Land Divisions (Standard Partitions and Standard Subdivisions)

610-2.1

Procedures

Standard Partitions and Standard Subdivisions shall be processed through a two-step process consisting of a preliminary review and a final review.

Preliminary Review:

The preliminary review of a Standard Partition or Standard Subdivision shall:

(1)

Be through a Type II procedure when no variance from the standards of this Code is required; or

(2)

Be through a Type III procedure when a variance from the applicable standards of this Code is required or when in conjunction with a Type III development.

(3)

Expire automatically four years from the date of approval.

(a)

A request for final review, which includes all required information, is filed with the County; or

(b)

A request for an extension is filed with the County pursuant to Article II; or

(c)

Final Review:

610-2.2

Review Standards

Preliminary Review:

The proposed Standard Partition or Standard Subdivision shall be reviewed for compliance with the applicable provisions of this Code, including Section 601-1.

Final Review:

(1)

(2)

Any request for final approval submitted prior to expiration, but the expiration date subsequently passes and final approval is not granted for lack of the required information, shall be denied if the required information is not submitted within 60 days of the expiration. In this situation, the preliminary approval as expired and shall be null and void.

Notwithstanding any other provisions, a proposed Standard Subdivision or Standard Partition shall comply with all applicable provisions of State law.

610-2.3

Submission Requirements for Preliminary Review of Rural Standard Land Divisions

A preliminary plat which includes the following:

(1)

A graphic representation of the Standard Land Division drawn to a scale which is noted on the drawing.

In all cases the scale used shall be standard, being ten, 20, 30, 40, 50, or 60 feet to the inch or multiples of ten of any one of these scales;

(2)

Names and addresses of the owner(s) and, when applicable, names and addresses of the designer of the Standard Subdivision or Standard Partition, engineer or surveyor;

(3)

Date of preliminary plat preparation;

(4)

For Standard Subdivisions, the proposed name;

(5)

Existing streets or roads (public or private) - location, names, right-of-way and pavement widths on and abutting the site, and the location of existing and proposed access points;

(6)

Proposed streets or roads (public or private) - location, right-of-way and pavement widths, approximate radius of curves and approximate grades of proposed streets on the subject property and within 300 feet of the site. An outline plan illustrating a future street plan shall also be provided for all property adjacent to the proposed site and all contiguous property under common ownership;

(7)

Easements - locations, widths, and purpose of all recorded or proposed easements in or abutting the proposed site;

(8)

Public utilities - location of all existing and proposed storm sewers, sanitary sewers and water lines, if any;

(9)

Flood areas - the location of any floodplain, drainage hazard areas and other areas subject to flooding or ponding (see Sections 410 and 421);

(10)

Significant Natural Resources - the location of areas designated as a Significant Natural Resource on the Rural/Natural Resource Plan Element (see Section 422);

(11)

Lot dimensions - all existing property lines and their lengths, and the approximate location and dimensions of all proposed lots or parcels;

(12)

Lot size - the minimum proposed lot or parcel size;

(13)

Existing structures - location and present use of all structures on the site and indication of which, if any, structures are to remain after platting;

(14)

A generalized vegetation map of existing trees. This information may be shown on the preliminary plat provided all information is legible;

Preliminary utility plans for sewer, water and storm drainage when these utilities are to be provided. This information may be included on the preliminary plat provided all information is legible;

Subsurface sewerage systems - location of all existing systems, including drainfields and associated easements; and

610-2.4

Submission Requirements for Final Review of all Standard Land Divisions

Requests for final review of a Standard Subdivision or Standard Partition shall be submitted within four years of preliminary approval and shall include the following information:

Necessary copies of the final plat, which shall include the following information:

(1)

The right-of-way location, width and centerline of all streets within the boundary of the site;

(2)

(3)

The name of new streets approved by the County Surveyor;

(4)

(5)

A declaration as required by ORS Ch. 92.075;

(6)

A non-graphic notation on the plat of any floodplain or drainage hazard area, including the floodplain or drainage hazard area elevation and the affected lots or parcels;

(7)

Plat restrictions required in the preliminary approval; and

(8)

Supplemental Information, including but not limited to:

(1)

A copy of any proposed deed restrictions;

(2)

Dedication deeds requiring separate documents;

(3)

Warranty deeds conveying property to the county, the State of Oregon or other public agency;

(4)

Certification that public street improvement construction plans have been approved by the Engineering Division and the applicant has either:

(a)

Installed all improvements required pursuant to the provisions of the preliminary approval and this Article; or

(b)

Executed an agreement accompanied by the financial assurance as provided by Section 501-8.6 for public improvements;

(5)

Provisions for access to and maintenance of off-right-of-way drainage, if any; and

(6)

Convey to Washington County by fee title a one-foot non-access tract at the terminus of all on-site public stub streets, if any.

610-2.5

Survey Requirements

As set forth in Section 602-11.

610-2.6

Filing and Recording

Final plats shall be filed and recorded as set forth in Section 602-1.

610-2.7

Phased Development

(Ord. No. 813, § 2.C.(Exh. 3, § 7), 8-23-2016, eff. 11-25-2016; Ord. No. 890A, § 2.A.(Exh. 1, §§ 1., 33.), 2-7-23, eff. 3-9-23)

610-3

General Development Review Standards

In addition to the other standards in this Code, the following standards shall apply to all Standard Land Divisions outside an urban growth boundary in Washington County.

610-3.1

Storm Drainage Systems

The following storm drainage requirements shall apply to all Standard Land Divisions unless otherwise indicated.

Storm drainage systems shall:

(1)

Be developed in accordance with the adopted Washington County Road Standards and be approved by the county;

(2)

Be constructed and installed throughout the development to carry off water from all inlets and catch basins, if any;

(3)

Be connected to a discharge facility which may include detention and retention basins or other storage facilities as may be found appropriate by the county;

(4)

(5)

Conform to any official drainage master plan adopted by the Board;

Copies of design computation of the stormwater system shall be provided for review and approval by the county where applicable.

If a proposed development is traversed by a watercourse, drainageway, channel or stream, the proposed development shall:

(1)

Provide an easement or tract over the watercourse, drainage way, channel or stream for drainage or stormwater purposes. The easement or tract shall:

(a)

Substantially conform to the boundaries of the water course, drainage way, channel or stream at design flood, except as permitted by Section 421; and

(b)

Provide adequate width for access and maintenance of drainage facilities.

(2)

Include retention and detention basins when a part of an approved drainage plan.

610-3.2

Streets and Street Improvements

When provided, stormwater inlets, catch basins and fire protection facilities shall be constructed and installed in the right-of-way at points approved by the county;

Street plans shall indicate the direction of storm drainage flow;

The minimum right-of-way of streets shall comply with the adopted Transportation Plan;

In all Standard Subdivisions all developments shall comply with adopted county sight distance standards;

Streets, existing and future shall:

(1)

Provide reasonable circulation of traffic within the development;

(2)

Provide for adequate runoff of stormwater;

(3)

Provide for general public convenience and safety in the areas to be served;

(4)

Not allow the intersection of more than two streets at any one point;

(5)

Be designed to encourage safe and efficient traffic flow;

(6)

Be aligned to discourage through traffic on minor streets; and

610-3.3

Public Utilities

Utility lines for telephone, gas, cable television and electric services, which serve more than one lot or parcel, shall conform to ORS Ch. 92 and be placed in easements as set forth in Section 416. All utilities shall be underground except as approved through Section 416;

Transformers shall be located in a manner not hazardous to the public or unsightly in appearance; and

The Board of Commissioners may, by resolution and order or ordinance, promulgate rules and regulations governing location of public utilities.

610-3.4

Lots In All Standard Subdivisions

Double-frontage lots shall be prohibited unless the Review Authority finds:

(1)

They are essential to provide separation of existing or proposed residential uses from Arterials or adjacent nonresidential activities; and/or

(2)

They are needed to overcome specific disadvantages of topographical orientation.

An additional lot depth may be required by the Review Authority on through or double-frontage lots.

Wherever possible, side lot lines shall be at right angles or radial to the street on which the lots face, except where lots abut a cul-de-sac or hammerhead street terminus.

Remnant lands which cannot meet Code requirements shall be added to adjacent lots or parcels unless such lands are designated as permanent open space.

Lots or parcels intended to be buildable which abut a watercourse, drainageway, channel or stream may be required to have additional width or depth to provide a building site which meets Code requirements. In addition, the Review Authority shall require that any lot or parcel not intended to be buildable be clearly indicated as unbuildable in the Standard Subdivision or Standard Partition plat.

610-3.5

Blocks

610-3.6

Easements

Easements shall be provided in accordance with Section 416.

(Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

Washington County UnincorporatedCity Zoning Code

ARTICLE VI

600 - INTRODUCTION

601 - APPLICABILITY

602 - GENERAL PROVISIONS FOR STANDARD LAND DIVISIONS AND PROPERTY LINE ADJUSTMENTS

603 - SUBDIVISION COMMITTEE

605 - STANDARD LAND DIVISIONS AND PROPERTY LINE ADJUSTMENTS INSIDE AN URBAN GROWTH BOUNDARY

606 - MIDDLE HOUSING LAND DIVISION

610 - STANDARD LAND DIVISIONS AND PROPERTY LINE ADJUSTMENTS OUTSIDE AN URBAN GROWTH BOUNDARY

Washington County UnincorporatedCity Zoning Code

ARTICLE VI

600 - INTRODUCTION

601 - APPLICABILITY

602 - GENERAL PROVISIONS FOR STANDARD LAND DIVISIONS AND PROPERTY LINE ADJUSTMENTS

603 - SUBDIVISION COMMITTEE

605 - STANDARD LAND DIVISIONS AND PROPERTY LINE ADJUSTMENTS INSIDE AN URBAN GROWTH BOUNDARY

606 - MIDDLE HOUSING LAND DIVISION

610 - STANDARD LAND DIVISIONS AND PROPERTY LINE ADJUSTMENTS OUTSIDE AN URBAN GROWTH BOUNDARY

Washington County UnincorporatedCity Zoning Code

ARTICLE VI

600 - INTRODUCTION

601 - APPLICABILITY

602 - GENERAL PROVISIONS FOR STANDARD LAND DIVISIONS AND PROPERTY LINE ADJUSTMENTS

603 - SUBDIVISION COMMITTEE

605 - STANDARD LAND DIVISIONS AND PROPERTY LINE ADJUSTMENTS INSIDE AN URBAN GROWTH BOUNDARY

606 - MIDDLE HOUSING LAND DIVISION

610 - STANDARD LAND DIVISIONS AND PROPERTY LINE ADJUSTMENTS OUTSIDE AN URBAN GROWTH BOUNDARY

Washington County Unincorporated
City Zoning Code

Washington County Unincorporated
City Zoning Code

Washington County Unincorporated
City Zoning Code