Ordinance No. 74-02 1
r �
CITY OF TIGARD, OREGON
ORDINANCEN0,7j-,,"k 1111'01
AN ORDINANCE AMENDING AND SUPPLEMENTING TITLE 17 (Subdivisions)
OF THE TIGARD MUNICIPAL CODE AND VARIOUS CHAPTERS AND SECTIONS THEREOF
TO BRING SAME INTO CONFORMITY WITH CHAPTER 696, OREGON LAWS OF 1973,
WITH RESPECT TO REAL PROPERTY PARTITIONING AND SUBDIVISION; PRESCRIB-
ING EFFECTIVE DATE AND DECLARING AN EMERGENCY.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
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Section 1: That Section 17.04.010 of Title 17, Tigard Mnnicipal Code,
is hereby amended to read as follows:
"17.04,010 Short title. The ordinance codified in this title
shall be known as Fhe RCITY OF TIGARD SUBDIVISION AND LAND k
PARTITIONING ORDINANCE", and may be cited as such.
Section I-A: That Title 17, Tigard Municipal Code is hereby supple-
mented to add Section 17.04,011 reading as follows:
i
"17.04.011 Provisions for subdividing and partitioning land.
No person may subdivide land or partition land except in
accordance with ORS 92.010 to 92.090 and 92.100 to 92.160 and
the provisions of this title.
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Section 2: That Section 17.08.050 is hereby amendedto read as follows:
1117.08.050 Lot or Parcel.
(1) "Lot" means a unit of land created by subdivision 1
of land.
(2) "Parcel" means a unit of land created by partition
ing of land.
(3) "Corner lot" means a lot abutting upon two or more
strepts at their intersections.
(it) "Reversed corner lot" means a corner lot, the side
street line of which is substantially a continuation of the
front lot line of the first lot to its rear,
(5) "Through lot" means a lot having frontage on two
parallel or approximately parallel streets other than alleys.0
Section 3: t Section 17.08.090, Tigard Municipal Code, Is hereby
amended to read as follows:
I
"17 08 090 Flat and Map.
(1) "Plat" includes a final map, diagram, drawing,
replat or other writing containing all the descriptions,
locations, specifications, dedications, provisions and in-
formation concerning a subdivision.
(2) "Map" means a final diagram, drawing or other ;
writing concerning-a major partition_"
Section 4: That Section 17.08.130, Tigard Municipal Code, is hereby
amended to read as follows:
"17.08.130 Streets or roads.
(1) "Street " or "road" means a public or private way
that is created to provide ingress or egress fox-persons to
one or more lots, parcels, areas or tracts of land, EXCLUDING
a private way that is created to ;
1
(2) "Alley" means a narrow street through a block pri-
marily for vehicular service access to the back or side of
PV3perties otherwise abutting on another street,
(;) "Arterial" means a street which is used primarily
for through trarric or which, by its location, will !i,!=ly be
needed for such use in the normal growth of the county.
(4) "Collector" means a street supplementary to the
arterial street system used to some extent for through traffic
and to some extent for access to abutting properties.
(5) "Cul-de-sac (dead-end street)" means a short street
having one end open to traffic and being terminated by a
turnaround.
(6) "Half street" means a portion of the width of a
street usually along the edge of a subdivision where the
remaining portion of the street has been or could later be
provided in another subdivision.
(7) "Marginal access street (frontage road)" means a
minor street parallel and adjacent to a major arterial street
providing access to abutting properties, but protected from
through traffic."
Section 5: That Section 17.08.150 - '§ubdivide land"- of the Tigard
Municipal Code, be, and the same is, hereby amended
to read as follows:
"17.08,150 Subdivide land. "Subdivide lard" means to divide
an area or tract 3f land into four or more lots within a
calendar year when such area or tract of land exists as a unit
or contiguous units of land under a single ownership at the
beginning of such year."
Section 6: That Section 17.08.160 - "subdivision" - of the Tigard
Municipal Code, be, and the same is, hereby amended to
read as follows:
"17,08,1$0 Subdivision. "Subdivision" means either an act of
su diviWng !and, or an area or a tract of land subdivided as
defined in this title,"
Secti6n7: That Chapter 17.08 - Definitions - of the Tigard Munici-
pal Code, be, and the same is, hereby amended and sup-
plemented to add thereto the following Section 17.08.170 reading as
follows;
"17.08.170 Partition,
(1) "Partition" means either an act of partitioning land,
or an area or tract of land partitioned as defined in this title.
(2) "Major partition" means a partition which includes
the creation of a road or street.
(3) "Minor partition" means a partition that is subject
to approval by a city or county under a regulation or ordinance
adopted pursuant to ORS 92.046 and that_does not include the
creation of a road or street.
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(4) "Partition land" means to divide an area or tract
of land into two or three parcels within a calendar year when
such area or tract of land exists as a unit or contiguous units
of land undrr single ownership at the beginning of such year.
"Partition land" DOES NOT include divisions of land resulting
from lien foreclosures; divisions of land resulting from the
® creation of cemetery lots; and divisions of land made pursuant
to a court order, including but not limited to court orders in
proceedings involving testate or intestate succession; and
"partition land" does not include any adjustment of a lot line
by the relocation of a—common boundary where an additional
parcel is not created and where the existing parcel reduced in
size by the adjustment is not reduced below the minimum lot
size established by any applicable zoning ordinance."
Section 8: That Sectionl7.12.O1O - Adoption of Str Statutes -
of the Tigard un c pal ode, subsectioi.a 1 through (10)
thereof, shall, in referring to ORS §§92.010, 92.014, 32.016, 92.025,
92.040, 92.060, 92.070, 92.080 and 92,090, REFER TO each of such
sections AS AMENDED BY SECTION 3 OF CHAPTER 696, OREGON LAWS OF 1973.
Section 9: paitCode,Section
be,land2theOsamemis�,mhereby amended Tigard
readuci-
as
follows:
"17.12.020 Amendments. The procedures for the adoption of
any or nance or regulations under ORS §§92.044 and 92.046, and
ns under this Title 17 of
land use regulatiothe Tigard Munici-
palCode, shall be as prescribed by ORS §92.048 AS AMENDED BY
SECTION 11,CHAPTER 696, OREGON LAWS OF 1973."
Section_ 10: That Section 17.12.030 - Approval by planning commission
of the Tigard Municipal Code, be, and the same is hereby
amended to read as follows:
"17.12.030 - Planning commission authorized to a roveTats
an ma s -- su e_ct to a eal:
(a) The plann ng comm scions and final1 have aplats�of sub-
ll th ower divisions,
duties with respect to preliminary
divisions, and maps of major partitions, in accordance with
the procedures related thereto, whichad r the City Council reser?es
Raised Statutes and by this title
unto itself the right to exercise equal powers and duties in any given case,
at its optionib) Approval by the planning commission of subdivisions
and major partitions of land inside the boundaries of the
city is required in accordance with this title before a plat
for any such subdivision, or a map�w;th reespect toor
rer_.ording
partition, may be filed or recorded th c-�
nto itself the right to
office, and the City Council reserves u
exercise equal powers and ieued by a denany s on of thiven e planning option.
(c) Any person ngg any subdivision or
.commission in approving or disapproving
major partition proposal, may appeal such decision to the
City Council by notice served upon and filed with the City
Recorder within 30 days after the date of such action cf the
planning commission from which the appeal is to be taken.
(d) Any person aggrieved by a decisionof
the aplanning
commission in approving or disapproving any
proposal, may appeal such decision to the City Council by
notice served upon and filed with the City Recorder with 10
days after the date of such action of the planning c0mmissi0l'
from which the appeal is to be taken.
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Section ll.: That Section 17.12.070 - Sales - Tigard Municipal
Code, aM subsection (a) thereof - Penalties - be,
and the same is, hereby amended to read as follows:
1117.12.070 - Negotiations and sales:
(a) Prohibitions and Penalties-for Violation.
(1) No person shall dispose of, transfer, sell, or
agree, offer or negotiate to sell any lot in any subdivision
with respect to which approval is required by this title, until
such approval is obtained.
(2) A person may offer or negotiate to sell any
parcel in a major partition or in a minor partition prior to
approval of the tentative plat for the major or minor partition,
but no or aree
any parcel sIn aon amajor ppartition ose of rorsinra minor partitiontl
prior
to such approval.
(3) No person shall dispose of, transfer, sell, or
agree, offer or negotiate to sell any lot in any subdivision
until the plat of the subdivision has been acknowledged and
recorded with the recording officer of the county in which the
lot is situated.
(4) p:aperson shall dispose of, transfer, sell, or
agree., offer or negotiate to sell any lot in any subdivision
by reference to, or exhibition or other use of a plat of such
subdivision before the plat for such subdivision has been so
recorded.
(5) Penalties for Violation. Any violation of the
foregoing provis ons o su� sect ons 1) (2) (3) and (4) of
this Section 17.12.070 upon conviction is punishable by a fine
of not less than $50. nor more than $500., or imprisonment in
the city or county 'fail for not less than 25 days nor more
than 50 days, or both."
Section 12: That.Section 17.15.010, Tigard Municipal Code, be, and
the same is, hereby amended to read as follows:
"17.16.010 Submission of Preliminar Plat or Ma No plat for
any su v s on and no map for any proposed mayor partition
may be considered for approval by the city 'planning commission
ux,til the tentative plan for the proposeved dYsubdivision
the norc ro
posed major partition has been app
mission.
Approval of the tentative plan shall NOT constitutefinalaccep
tance of the plat of the proposed subdivisionhowever, approval
or
the proposed major partition for recording; ,
by the city of such tentative plan shall be binding upon the
city for the purpose of preparation of the plat or map and
ncil mw
the city planning commission or city co�ecessary requireor only
such changes in the plat rovalmap
ofstheare
tentative plan for the
liance
with the terms of its app
proposed subdivision or proposed major partition.
Before a plat of any subdivision or map of any major partition
may be approved, the applicant shall make application in writ-
ing to the city in accordance with the requirements of this
Title 17. Each such application shall be 'accompanied by nine
copies of the tentative plan showing the general design of
Page 4 - ORDINANCE No.74-- 90Qr�G FAtEC7,
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the proposal and the pbjectives thereof and same must be filed
not considee�•tionnbyhthehird planningay prior to commission is meeting sought.
at which
sought.
Section 13: That Section 17.16.100, Tigard Municipal Code, is
----�— hereby amAnded to read as follows:
in 40
"Section 17 16.100 Tentative
inapproval.
meetin?hfollowing ssub-
the r rst regular pyannlnd
mission of the plat, the planning commission will d in tionreview the
plan and the reports of the agencies liste
preliminary�platlaslsub�0
and may give tentative app roved shall
mitted or as it may be modified, or, if disapp ,
express its disapproval and Its reasons therefor.
No tentative plan for a proposed subdivision and no tentative
plan for a major partition shall be approved unless
Streets and roads are laid out so as to conform to
(a)
the plats of subdivisions or maps of major partitions already
approved for adjoining propertyunleas
stto cidthdeternunesditeion
wige
to
and in all other respects,
be in the public interest ttreet or road pattern.
o modify the s
(b) Streets and roads held for private use are clearly
indicated ti then suchtive privatenand roadsall andrstreetsiare setons
rforthc-
tions relating
thereon.
(c) The tentative planecomplies with
the the
citycompthen ninveffect.
plan and app
licable zoning of a major
(u) No tentative plat of a subdivision or map
oved unless there will exist adequate
partition shall be appr
quantity and quality of water and
a�fadequatethe sewage disposal
system to support the prop
osed bed in
the proposed plat.
Prior to approval of any tentative plan of any subdivision
or major partition, planning commission shall coordinate its
federal
review the with all affected city, county, `
agencies and all affected Bpecial districts. Where it appears
dallaffects jurisdictional interests of any pub-
that the Proposal the review proceedings shall be
lie body other than the city, to enable
continued for such period of time as nroeosalYand report thereon.
such affected agency to consider the prop €
The action of the planning ommissionreference to shall be any:)ed two
copies the the preliminary plat including
attached documents describing any
conditions or restrictions, and
aine
one copy shall be returned
hider and e
, ---herecords ofthetsessioin
the office of the city ecorder
of the planning commission at which said action was taken. i
17.20.040 is hereby
amended as follows:
Section 14: That Section
(a) The pre-existing paragraph thereof entitled "Approval- j
Planning Commission'', is 'hereby designated supplementedaph ,to add
(b) That Section 17.20.040 is hereby
thereto subparagraph (2) reading as follows:
,t(2) No plat of a proposed subdivision and no map of a proposed
major partition shall beapprovedunless:
(a) Streets and rionoorsrestrictlon otherfor public use rthandreversionarY
without any rase
rightsupon vacation of any such street or road and easements
.
for public utilities. fir" PacE583
Page 5 ORDINANCE No. 7 -
(b) Streets andfioads field for private use and
indicated on the tentative plan of such subdivision or
major partition have been aprroved by Lite city,
(c) The plat or man complies with any applicable
zoning ordinances and regulations, and any ordinances
or regulations adopted under ORS 92.044 that are then
in effect.
(d) The plat or map is in substantial conformity
with the provisions of the tentative plan for the sub-
divison or the major partition, as approved.
(e) The plat or map contains a donation to the
public of all common improvements, including but not
limited to streets, roads, parks, sewage disposal and
water supply systems, the donation of which was made a
condition of the approval of the tentative plan for the
subdivision or the major partition.
(f) Explanations of all common improvements re-
quired as conditions of approval of the tentative plan
of the subdivision or the major partition have been
recorded and referenced on the plat or map.
Section 15: Inasmuch as it is necessary for the peace, health and
safety of the people of the City of Tigard that the pro-
visions of the Tigard Municipal Code relating to real property and
subdivisions be brought into conformity with the statutory provisions
and amendments adopted by the 1973 Legislative Session, an emergency
is hereby declared to exist and this ordinance shall become effective
upon its passage by the Council and approval by the Mayor.
PASSED By unanimous vote of all Council members present, after
being read three times by number and title only
this LfW, day of ,,1974.
Fero em Reeprder City or T ggara_
APPROVED: By the Mayor this day of Jari'eie ,• 1974.
mayor y or ? gar
BOOK 584
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