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Ordinance No. 68-48 CITY OF TIGARD, OREGON ORDINANCE No.68-.yb' AN ORDINANCE ACCEPTING THE REPORT OF THE CITY PLANNING COMMISSION_ WITH RESPECT TO A P`ROPOSED ORDINANCE REGULATING AiiRb PRCSCRIBINd THE STANDARDS FOR SUBDIVISION OF LANDS `'WITHIN THE CITY OF TIGARD; ADOPZTLN A_SUMVISION ORDINANCE AS PRCc'OSED BY THE CITY PLANNING COMMISSION; DECLARING THE TITLE AND PURPOSE ADOPTING STANDARDS, RULES, REGULATIONS, RESTRICTIONS AND PROCEDURES GOVERNING THE PLANNING AND SUBIiIVISION OF LANDS, CREATION OF STREETS OR WAYS; DEFINING CERTAIN `PERMS IN CONNECTION THEREWITH; PROVIDING PENAL- TIES FOR THE VIOLATION THEREOF; PROVIDING FOR EXCEPTIONS AND VAR- IANCES; PRESCRIBING FEES; PROVIDING FOR THE SEVERABILITY AND VALIDITY OF THE RESPECTIVE PROVISIONS THEREOF; REPEALING ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMER- GENCY. THE CITY OF TIGARD ORDAINS AS FOLLOWS: PREAMBLE A. The City Council finds the City Planning Commission has ' formulated a proposed ordinance providing subdivision and other land partitioning standards and procedures pursuant *o Chapter 92, Oregon Revised Statutes, and has held hearings thereo,i as required by Section 92.048, Oregon Revised Statutes, and thereafter has recommended to the City Council the adoption thereof in the form substantially as hereinafter set forth; and the City Council fur- ther finds that pursuant to Section 92.048, the notice of public hearing on the proposed ordinance as hereinafter set forth was duly and regularly given for two successive weeks prior to a hearing by the City Council, and that said hearing was duly held on)_q z io .� ,., ai , the a2A day of , 1963; and that the C Council finds pursuant thereto that /said ordinance fully complies with the requirements of Chapter 92, Oregon Revised Statutes. B. The City Council further finds that said report and ordi- nance proposed for adoption by the City Planning Commission and the provisions thereof are in the public interest and are reasonable, proper and necessary to promote the public health, safety and gen- eral welfare; lessen congestion in the streets; mitigate the effects of fire, flood, polution and other dangers; provide adequate light and air; provide against overcrowding of land, facilitate transpor- tation, water supply, sewage and drainage; and promote the conserva- tion of property values; provide reasonable access and promote ade- quate development patterns and plans within the city. Section A-I: Short Title. This ordinance shall be known as the W City of Tigard Subdivision Ordinance of 1968, and may be cited as such. Section A-II: Adoption of Certain State Planning Statutes. By vir- tue of the authority contained in Section 221.330, Oregon Revised Statutes, all the following designated sections of the Oregon Revised Statutes, and each and all thereof, are hereby adopted by this reference, paragraph by paragraph, word by word, in the entirety, in all respects to the same legal force and effect as if set forth herein in full: Page I - ORDINANCE No. 68- 0i, 8 i, .:. " (1) Section 92.010, O.R.S., (1), (2), and (3), Definitions. (2) Section 92.014, Approval of planning commission or governing body of city before creatine; street or way to partition land. (3) Section 92.016, Sales or transfers of lots when approv- al required under regulations adopted under O.R.S. 92.046 prohibited until approval obtained. (4) Section 92.025, Prohibition of sales or transfer of lots prior to recordation of plat. (5) Section 92.040, Application to planning commission for approval of subdivision plan before recording. (6) Section 92.050, Requirement of survey and plat of sub- division. (') Section 92.060, Marking of certain points of plats and monuments; specifications of monuments. (8) Section 92.070, Surveyors affidavit necessary to record plat; contents of affidavit. (9) Section 92.080, Preparation of plat. (10) Section 92.090, Requisites for approval of plat. (11) Section 92.100, Approval of plat by City Engineer or b; County Surveyor and by County Assessor and County Commissioners. Section A-III: Amendments. This ordinance may be amended or sup- plemented only by complying with the procedures whereunder this ordinance was adopted as set forth in Section 92.048, O.R.S., which by reference herein, is made a part hereof, to the same legal force and effect as if herein set forth in full. 1-a tion A-IV: Penalties. Violation of any provision of this ordi- nance, including all provisions of the Oregon Re- vised Statutes, by reference herein made apart hereof, or of any supplement or amendment adopted pursuant hereto is punishable upon conviction by fine of not less than $50.00 nor more than $500.00, or imprisonment in the City or County ,jail for not less than 25 days nor more than 50 days, or both. Section A-V: Repealer. Concurrently with the execution and effec- tive date and time of this ordinance, all ordinances or parts of ordinances heretofore enacted by the Council which are in conflict herewith be and the same are hereby repealed and shall have no force and effect after the effective time and date of this ordinance. Section A-VI Effective Date. Inasmuch as there is not now any subdivision ordinance in effect in the City of Tigard and it is necessary that the standards, procedures and reg- ulations herein set forth be placed in effect with the least possi- ble delay to accomplish the orderly development of the City and r to promote the public health, safety and general welfare of the City, an emergency is hereby declared to exist and this ordinance shall become effective upon its passage by the Council and approval by the Mayor. Page Ii- ORDINANCE No. 68- yg SECTION I . PURPOSE The purpose of this Ordinance is to provide rules, regulations and standards to govern the approval of plats of subdivisions and also of partitioning; of land by creation of a street or way to carry out the development pattern and plan of the City of Tigard and to promote the public health, safety and general welfare, lessen congestion in the streets , secure safety from fire, flood, pollution and other dangers, provide adequate light and air, pre- vent overcrowding of land, and facilitate adequate provision for transportation, water supply, sewage, drainage,and to prescribe procedures to be followed in submitting plans and plats of sub - divisions _for approval. SECTION II. APPROVAL OF SUBDIVISIONS A. The Planning Commission shall have all the power and duties with respect to Preliminary a:ld final plans and maps of subdivisions and the procedure related there to, which are specified and authorized by law and by this Ordinance. B. Approval by the Planning Commission of subdivisions of land inside the boundaries of the City of Tigard - is hereby required in accordance with this Ordinance , before a plat for any such subdivision may be filed or recorded in the office of the County Recording Officer. SECTION III. DEFINITIONS A. As used in these regulations the masculine includes the feminine and neuter and the singular includes the plural. The following words and phrases, unless the context other- wise requires, shall mean: 1. Building Line. A lane on a plat indicating the limit beyond which buildings or structures may riot be erected. 2. Development plan. Any plan adopted by the Planning Commission for the guidance of growth and improvement of the City, including adjustments made from time to =7 �i Page 1 L 4` time to meet changing conditions or unanticipated problems and conditions affecting the public or land owners. 3. Easement. A grant of the rightto use a strip of land for specific: purpose . 4. Lot. A parcel of land intended as a unit for transfer of ownership or for development. (a) Corner Lot. A lot abutting upon two or more streets at their intersections. (b) Reversed Corner Lot. A corner lot, the side street line of which is substantially a con- tinuation of the fron-t, lot line of the Lirst lot to its rear. (c) Throucgh Lot. A lest having frontage on two parallel or approximately parallel streets other than alleys. 5. Pedestrian .Way. A right of way for pedestrian traffic. 5. Planned Residential. Development. A conditional use under single family residenti&l zones which goes beyond general subdivision practices in combining a , t, ,- .:i.ous types of dwei'ings ar.%A other o a a 7aC 4ui c� and used along with open areas to provide a more desirable averall living ent ironment without greatly varying density. 7. Planning, Control Area. An area in a state of in- complete development within which special control is to be exercised over land partitioning. 8. Plat. Includes a final map, diagram, drawing, re- plat, or other writing containing all the descrip- tions, locations, specifications, dedications, provisions and information concerning a subdivision by which the subdivder' s plan of subdivision is presented, and which he :submits for approval and intends in final form, to record. 9. Right of Way. The area between boundary lines of a street or other easement. 10. Roadway. The portion or portions of street right- { of-way developed for vehicular traffic. Page 2 I 11. 3id�k. A pedestrian walkway with permanent surfacing 12. Street. The entire width between the boundary lines of every way which provides for public use for the purpose of vehicular and pedestrian traffic and the placement of ati?'ities and including the terms "road' "highway", i' e o°�l cep°, °'avenue'', "alleyP1, Or �.aYLe a ' similar deaignati«ins. Alle A narrow street through a block primarily` (a) �'..- frr vehicular service access to the back or side of properties otherwise abutting on another street. (b) ,Axteria.l. A street which in used primarily for through traffic or which, by its location will likely be needed D,:�r i such uze n the normal growth of tile county. f (c) collacto:r. A street supplimentary to the arterial street system used to some extent through traffic and to some extent for access to abutting pro- perties. (d) cul-de-sa.c dead-end street A. short street having one end open to traffic and being ter- .. minated by a turnaround. (e) Half Street. A portion of the width of a street i ,wa„ally along the edge of a subdivision where the remaining portion of the street has been UY could later be provided in another subdivision. (f) MArainal ac-cess street (frontag road) . A minor street parallel and adjacent ,to a major arterial street providing access to abutting properties, but protected from through traffic. 13. StreeI: P't— A narrow strip of land located between a subd.ivisson and other property, not dedicated to public use, but conveyed to the City for the purpose of giving the city control over development of the adjacent. ; property. 14. Subdivide land. Means to partition a parcel of land into four or more parcels of less than five acres each for the purpose of transfer of ownership or building development, whether immediate or future, when such parcel exists as a unit or contiguous units under a single ownership as shown on the tax roll for the year preceding the partitioning. page r` t i 15. Subdivision. V#.he:, an act of subdividing land or a tract of land subdivided as defined in this section. SECTION IV. PRELIMINARY PLAT A. Submission of Pre i;minary Plat. rhe=: subdivider shall pre- pare a preliminary plat tc:pFt,her w•rt-.h :improvement plans and other suppliment•ary, mate'` .a1 as may be required to indicate the gener•a3. and +;)biect.ives of the prcject and shall submit nine copies to the City on the first Monday of each month prior to the Planning ccTmaission meeting at which consideration of the plat is desired. I 1 B. Filing Fee. For the xzragip, s= c.f partially defraying expenses involved in the prones:izg of subdivision { applications, an appliLcatloia fee cf t c) (2) dollars for each lot proposed in the pre l.i.m1n �.-ry subdivisiol plan shall be paid the City by the at the tame for submission of the preliminary plat. All _ c�.ney paid in oa the filing fee shall be credited on the permit fee of 1�% of the improve- l ments when the latter is iL ued. C. Explanatory Informati -^ with th P.re;li m.inary Plat. Any of the following information may be required by the Planning Com- missicn and if it can .., be shown practicably on the pre- liminary plat, it shall be submitted egg- separate sheets - accompanying the preli .inary pxat. 1. A vicinity map shuWir:g all existing subdivisions, streets and unsubdivided land cw.uner3hips adjacent to the proposed subs al is,Lons, .and showing how proposed streets may be extended to connect to existing streets. The vicinity maphall be at a scala of 1° = 400° and shall show all land within a radius of one half mile from the proposed subdiv"L7ion. The vicinity map shall show the proposed sr.reets within the proposed subdi- vision and their connection with adjacent streets plus zoning on and adjacent to the tract. 2. Approximate center line profiles showing the finished grade of all streets as approved by the City Engineer, including extensions for a reasonable distance beyond the limits of the proposed subdivision. 3. Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated and plan of the proposed water distribution system, showing pipe sizes and the location of valves and fire hydrants. Also the location in the adjacent streets and property of existing sewers, water drains, culverts, and drain pipes, electric conduits or lines proposed to be used on the property to be subdivided and invert elevations of sewers at point of proposal connection. Page 4 t D. Scale. The preliminary plat shall be drawn on a sheet 18 by 24 inches in size or a multiple thereof at a scale of one inch equals 100 feet or, for areas over 100 acres, one inch. equals 200 feet. E. General :lnformaticin. The following general information shall be shown on the preliminary plat: 1. Appropriate identification clearly stating the map is a preliminary plat. 2. Proposed name of the subdivision. This name must not duplicate or resemAe the name of another subdivision in Washiagten county and must be approved by the City. G 3. Trate, northpoint and scale of drawing. � 4. Location of the subdivision by section, township and range and a legal description sufficient to define the location and boundaries of the proposed tract or the tract designation or other description according to the real estate records of the county assessor. 5. Naznes and addresses of the owner or owners, subdivider and engineer, or surveyor. F. Existing Conditions. The following existing conditions shall be shown on the preliminary plat. S 1. The location, widths and names of all existing or platted streets or other public wavy within or adjacent to the tract, easements, railroad rights of way and other important features such as section lines and { corners, city boundary lines and monuments. 2. Contour lines related to some established bench mark or other datum as approved by the City Engineer with intervals at a minimum of two feet for slopes up to 5 per cent and five feet for slopes over 5 per cent. 3. The location of at least one temporary bench mark within the plat boundaries. 4. Location and direction of all water courses. 5. Natural features, such as rock outcroppings, marshes, wooded areas and isolated preservable trees. b. Existing uses of the property, including location of all existing structures to remain on the property after platting. Page 5 { { t M: G. Proposed Plan of sand Parta.tion_ ice. The fallowing informa- tion shall be included on the preliminary plat: 1. Streets, showing location, widths, names, approximate grades, and approximate radii of curves. The re-la- tionship of all streets to any projected streets as shorn on any development: plan adopted by the Planning Commission. gg b 2. Easements, showing the: width and purpose, 3. bots, }h:vwing approximate dimensions, minimum lot size, pro { and l�; ,cK numt ar posed lot 4. Sites, if arty, allocated for : uitiple-family dwellings, shopping centers, churches, industry, parks, -schools, playgrounds, public or. �ss_mi-pifblic build._ special use. f H. Partial Development. Where the plat to be su.,aivided con- tains only part of the tract yawned or controlled by the subdivider, the Planning Comml.es: )n shall Yc:r a a plan of a tentative layout for str.e:,=ts in the u. portion, I. Preliminary Review 7f_ Pry ck�s4a . Within two days after F being subd'ted by the ubdivide , the Cit. =.y fiiiiaisin one t?isr• copy of the YprelimiYiary plat and Supplementa aterial to the County Surveyor, rine copy to the Gaunty i r�r�ina Office; and one copy to the State Highway Dena i._ment, pro- vided development .i s ad_J ace_.:i i.ca i :�Lattd access to the highway is de»sired by the aubdivider. Tn;�;: ag- encies will be given at least five days to review the plan, suggest revisit-ins and return the plans to the City. J. Tentative A,ii—oval of Preliminary Plat. Within 40 days from the first regular P anninrl comm-Iv ion meeting .fol-- lowing submissior, cf the plat. i ;c Planning '=-immission will review the plan and the r,epor . %f the u; Lnciez listed above and may give tentative approval of the preliminary plat as su'bm-._tted or as it may be modified or, if dis- approved, shall express its disapproval and its reasons therefore. Approval of the preliminary plat shall indi- cate the Planning Commission's approval of the final plat provided there is no change in the plan of subdivision as shown on the p..alimirary plat and them is full compliance with all requirements ofthis Ordinance. The action of the Planninq Conmiission shall bre noted on two copies of the preliminary plat, including reference to any attached doc Page 6 gg ~._ uments describing any conditions. One copy shall be returned to the subdivider and the other retained in the office of the City Recorder, with a memorandum setting forth the action of the Commission. SECTION V. FINAL Py4zT A. Submission of Final Pla-. within 12 months after tenta- tive o: the preliminary plat, the subdivider shall cause the subdivision or any part thereof to be surveyed and a final plat prepared in conformance with the preliminary plat as tentatively approved. The sub- divider shat subani t the original drawing, the cloth and five prints of the final plat and all aupplemen.tary in- formation rec.-aired by or pursuant to the provisions of the ordinance tv the City Engineer, at least ten days prior F to the Plann-Ing co.- miss--tiro: meet.i.na at which con- sideration of the plat is desired. 1.. the subdivider wishes to proceed with the subdivision after the expir- ation of the 12 months period following the tentative approval cf the preliminary plat by the Planning Corn- mission, he must re-submit his preliminary plat to the Planning Commission and make any revisions considered necessary to meet changed conJitions. B. lnformaTJ_ y�� Pinal Plat-. In addition to that otherwise specified by law, the fallowing information shall be shown on the final plat: e 1. The dater scale, port:nposr_L (general y PC. . . legend, and controlling topography such as creeks, highways, and railroads. 2. Legal description of the tract boundaries. 3. Reference points of existing surveys identified, re- lated to the plat by distances and bearings, and re- ferenced to recorded surveys as fellows: (a) The location and description of all stakes, mon- uments, other evidence found on the ground and used to determine the boundaries of the sub- division. (b) Adjoining corners of all contiguous subdivisions. (c) Sectlon, townships, range, donation land claim lines and boundaries of any lots within pre- viously recorded subdivision plats within or adjacent to the plat. Page 7 (d) Whenever the County, City, or State has estab- lished the center line of a street adjacent to or within the ps oWsed subdivision, the .location of this line shall ;:w-- shalm and rtoannente. found or reset. (e) Location and dcHcarlpti�lxn of all monuments found or established in ai,aki n T the suxlTeyy of the subdivision or -required to be installed by the provisions of these regulations. 4. Lines with dimensior_s, bearl.rxgs, radii, arcs, delta angles, points of curvature and tangent bearing: for tract, lot and block bounrlaries and street right-of- way and certe:r li'rw:s. r:rrar of closure shall be with- in the limit of one foot in 4,000 feet. No ditto marks shall be used. Lots containing one acre or more shall show total aureage to nearest hundredth. 5. The width of t1le portion of streets being dedicated, the width:of any existing right-of-way, and the widths on each side of the center line. For streets on cur- vature, curve data shall be based on the street center line and in addition to center Line dimensions shall ' indicate thereon the radius P.nd r, antral angle. This data may be shown in a table. 6. Easements within or adjacent to the plat denoted by fine dotted lines, clearly identified, and, if already of record, its recorded reference. If any easement is not definitely located of rec,ard, a statement of the easement. The widths of the easement and the lengths and bearincs of the lixies thereof, and sufficient ties thereto, to definiteilllrr�°w'•-•�d t'he e.=.. sing ment as b dedicated by the map, it mall be properly referenced in the owner's cer,ificates of dedication. 7. Lot numbers beginning with the number "l°' in each block. 8. Block numbers, if used, should begin with the number � "I" and continuing cry ::aactij-i-;gly without omission or duplication throughout the subdiv-1 sign, The numbers shall be solid, of ;izfficient size and thickness to stand out, and so placed as riot t3 obliterate any fig- ure. Block numbers in an addition to a subdivision of the same name shall be a. continuation of the num- bering in the plat las,. filed. 9. Land parcels to be dedicated for any purpose are to be distinguished from lots intended''fmx sale, Page 8 10. The following certificates, which may be combined where appropriate: (a) A certificate signed and acknowledged by all parties having any record title interest in the land sub- divided, consenting to the preparation and record- ing of said malp, and dedicating all parcels of lane shown on the final map and intended for any public use. (b) An affidavit signed by the engineer or the sur veyor responsible for the survey and final map, the signature of such engineer or surveyor to be accompanied by his seal. (c) Provisions for all ether certifications now or hereafter required by law. C. Supplemental Information With Final Plat. The subdivider will provide the following additional information: 1. A preliminary title report issued by a title insurance company in the name of the owner of the land, showing all parties having any record title interest in the � premises and what interests they have. 2. Sheets and drawings showing the following: } (a) Traverse data, including the coordinates of the boundary of the subd, vision and ties to section corners and donation land claim corners, and showing the error of closure, if any. (b) Ties to existing monuments, proposed monumerxt5, adjacent subdivisions, street corners, and state highway stationing, 3. A copy of deed restrictions, .including building set- back lines, if any are applicable to the subdivision, and a copy of 'any'dedication which requires separate ' documents. 4. Written proof that all taxes and assessments on the f tract are paid for the current year. ' 5. A certificate by the City Engineer .stating that the subdivider has complied with one of the following alternatives:' Page 9 f (a) All n mprovements have been i n to 'l.ecl In accordance with the requirements of these regulations and with the actior. of the Pl.an,ni.ng Commi sign giving to<tative approval --f they preliminary plat.. � (b) An agreemanthas been executed as provided in Sec- tion-7., V.-F and '-fir. D. Approval of the Fina.'? Plat. Up,,n receipt by the :secretary of the Plann.irag Cammi si on, the final map and other data shall be reviewed. if the City Engineer ;and City Planner determines that the finai pl:.t is in ful.l conformance with the approved vr.el minaret plat and other re gulat.i nLi, they shall So advise th:1 Chairman of the Plann. na 1.,o-( ..]a..3sion. f The chairman of the Planning may then sign the plat without. further action by the Planning Co 1M"S siurr. If the final plat -s ncDt in full e oy, iformance, it shall be submitted to the Plan nIng Cooatmi.ssiron. if the final plat i is referred t:n the Chaa.rinar, of the Planning Commission for signature without submission tc� the Planning Co-manission, the Chairman may elect to submit the plat to the. Planning Commission fear further action. When submitted to the Plan- ning Commission, appz:aval of the: fina.i plat shall be by a resolution of they Coarmis 1 yr .Z.f the plat is s1gred by the } Chairman without further aatz.cn by the Planning Commission, the action shall, be reported to the Planning M.�mmi Sion by the Chairman of °ti'iiswmniya.'ror,-g at the noxt regwala.r meeting. s' In the absence %f the 'Chairman, his duties and i:*wers with respect to act_ ,-rt. on fina'i plats aha:y l be vestaeri in the r Vice-Chairman. E. Approval of County gurve fir. After ipproval by the Planning Commission, the Secretary of the Planning Commission shall transmit the final map, tracing and other Idata to the County Surveyor who shall examine them to determine that there has been compliance with all provisions of the State Law and this ordinance. The County Surveyor may make such checks in the field as he may desire to verify that the map is sufficiently correct on the around and he may enter theert ro this P P Y for purpose. When the County Surveyor finds the documents in full conformance, and has been paid the statutory fee for such service, he shall sign his ap- proval in the space provided. F. Agreement for Improvements. Before Planning Commission approval is certified on the final plat, the subdivider shall execute and file with the City Council an agreement between himself and the City specifying the period within which all required improvements and repairs shall be com- pleted, and providing that if such work is not completed within the period specified, the City may complete the same and recover the full cost and expense thereof from the Page lU .. subdivider. Such agreement may also provide for the con- struction of the improvements in stages, for the exten- sion of time under conditions therein specified. G. Bond. 1. The subdivider shall. file with the agreement, to assure his full and faithful perf*rmance thereof, one of the following: (a) A personal bond cosigned by at least one addition- al person. The subdivider and the co-signers shall submit evidence of financial responsibility and the financial resources of those signing the bond shall provide a reasonable assurance of the ab- y r 4UAL-*"e ba a.-,,.. to proceed in accordance with the agreement. (b) A surety bond executed by a surety company author- ized to transact business in the State of Oregon. (c) Cash. 2. Such assurance of full and faithful performance shall be for a sum approved by the City Engineer as suffic- ient to cover the cost of the improvements and repairs, including related engineering and incidental expenses. Tg; the avant the subdivider fails to carry out all provisions of the agreement and the City has unreim- bursed costs or expenses resulting from such failure, the City shall call on the .bond or cash deposit for reimbursements. H. Filinct of Final Flat. The Secretary of Planning Commission shall, without delay, submit the final plat to the County Assessor and the county governing body for signatures of other public officials required by law. Approval of the final plat shall be null and void if the plat is not re- corded within 60 days after the date the last required approving signatures has been obtained. SECTION VI. APPROVAL OF STREETS AND WAYS. A. Creation of Streets. 1. The final plat shall provide for the dedication of all streets approved and accepted for public use. Accep- tance of the final plat shall constitute acceptance of the street dedication shown thereon. a. Page 11 2. The creation of all streets shall be in conformance with requirements for- subdivision, except, however, the Planning Commission may approve the creation of a street to be established by deed without full com- pliance with the regulations applicable to subdivi- sions, provided any of the following conditions exist: (a) The establishment of the street .is initiated by the City Council and is declared essential for the purpose of general traffic circulation, and the partitioning of land is an incidental effect rather than. the primary objective of the street. (b) The tract in 'which the street is to be dedicated is an isolated ownership of one acre or less and such dedication in the judgment of the Planning Commission is not an attempt to evade the pro- visions of this ordinance governing the control of land partitioning. (c) The tract constitutes or is part of a planned residential conditional use, approved as pro- vided in the zoning ordinance and in compliance with the specific condi tin ns imposed at the time of approval.. 3. In those cases whoreapproval. of a s orae t is tv be without full compliance with the regulations applicable to s��b =i sign; a ropy of the prc�:_aosed deed shall be submitted to the Secretary of the Planning Commission at least 21 days prior to the Planning Commission meeting at which consideration is desired. The deed and such information as may be submitted shall be re- viewed by the Planning Commission and, if not in con- flirt with the standards of Sections VIII-A through vIII-F of these regulations, shall be approved with such conditions as are necessary to preserve these standards. P. Creation of Ways. Any easement of way providing access to property and which is created in order to allow the partitioning of land for the purpose of transfer of owner x ship or building development, whether immediate or future, shall be in the form of a street in a subdivision or as provided in Section VI of these regulations with the following exceptions: 1. Any easement providing access to a parcel of land used for agriculture, horticulture, grazing, or Page 12 timber growing and where the parcel exceeds five acres in size may be approved by the Planning Com- mission. 2. A private easement of way to be established by deed without full compliance with these regulations may be approved by the Planning C,.),=ission, provided it is the only reasonable mathod by which the rear portion of an unusually deep lot large enough to warrant partitioning .into two or mr+re parcels may obtain access, provided, however, that said access shall be in compliance with the access and egress provisions «3f the 2ortrc ordinance of the City of Tigard. SECTION VII. MINOI .LAND PARTITIONING. A. Minor Part tictriir^gf Prrgedure for Approval. A parcel of land or contiguous parcels under a single ownership with- in the City shall not be partitioned .into two or less than four parcels for transfer of ownership or building development so as to conflict with applicable standards for subdivision as set forth in this section. Such land partitioning, ether than subdivision or the creation of a street or way, shall be known as miner partitioning and shall be approved under the following prccedure: 1. There shall, be sabmittted to the City Engineer four copies of a: sketch map A x 11 inches, or 18 x 24 inches in size with the following information: (a) The date, northpoint, scale, and sufficient description to define the location and boundaries of the parcel to be partitioned and its location. (b) The name and address of the record owner or owners and of the person who prepared the sketch map, (c) The approximate acreage of the parcel under a single ownership or, if more than one ownership is involved the total contiguous acreage of all landowners directly involved in the minor " partitioning. (d) For land adjacent to and within the parcel to be partitioned, the locations, names and existing widths of all streets and easements of way, lo- cation, width, and purpose of all other existing Page 13 t easemer.ts; and location and size of sewer and waver lines, drainage ways, and poles. (e) The location of existing structures to remain in place. (f) The .lot lawo.. t, showing size and relationship to existing or proposed ;streets and utility easements. (g) Such additional information as required by the Planning Commission. 2. The sketch map shall be submitted to the Planning Commission for determination that the proposal will be compatible with the comprehensive development pian. The Planning Conmissi.on may require dedication of land and easements and may specify conditions or modifications in the skef-ch plan necessary to carry out the comprehensive development plan. In no event, however, shall the Planning Commission require greater decication or conditions than could be required if the parcel were subdivided. If the partitioning pro- vided in the sketch :reap results in complete accomp- lishment of those parts of the comprehensive develop- ment plan which would be ,a.ff--�cted by partitioning of the parcel, the Planning Commission _hall state on the sk.ateh mars that future partitioning within the area shown on the sketch map may occur without sub- mission for approval of the Planning Commission. 3. If the parcel of :and to be partitioned exceeds two acres and within a year is being partitioned into more than two parcels, any one of which is less than one acre, full compliance with all requirements for subdivision may be required if the Planning Commission should determine that the entire parcel being par- titioned is in the process of being divided into -mall parcels. 4. When a sketch map has been approved, all copies shall be marked with the date and conditions, if any, of approval. Two copies shall be returned to the ap- plicant, and two copies shall be retained by the Planning Commission.. Page 14 j SECTION VIII. DESIGN STANDARDS. A. Principles of Acceptability. The subdivision shall be in comformiity with any development plana and shall take into consideration any preliminary plans made in anti- cipation thereof. The subdivision shall conform with the requirements of state .laws and the standards e>:tab- lished by these regulations. B. Street,. 1. General. The location, width, and grade of streets shall be considered in relation to existing and planned streets, to tPtr"r r.raC+?li.c: cnnd.i.tions, to pub- lic corveriien.ce and sa-fe-.y, and to the proposed use of the .land to to served Dy tree streetis• where lo- cation is not shown in the development plan, the ar- rangement cf streets in a subdivision shall either: (a) Provide for the continuation or appropriate projection of existing principal streets in surrounding ar--as. (b) Conform to a plan for -'_he neighborhood app-.raved. or adopted by the Planning Commission to a particular situation where topographical or other corditions made continuance of or .": anfor- mance to existing streets impractical. 2. Minimum right-of-water and widths for road surfacing. The width of streets in feet shall not be less than the minimums shown in the following table: ypa of Street Right-of-ways Road surfacing Minimum Minimum Primary Arterials 100 Varies Secondary Arterials 80 Varies Collector Streets 60 44 Business & Industrial Streets 60 44 Local Streets 50 34 Dead End Streets (Not more than 600 Feet long) 50 34 Turn-Arounds for Dead-End Streets 50 radius 34 radius Alley - Residential 20 20 Business or Industrial 20 20 Page 15 t 1 3. Reserve StriiDs. Reserve strips or street plugs con- trolling the access to streets will not be approved I: unless necessary :for the protection of the public welfare or of substantial property rights and in these eases they may be required. The control and disposal of the land arAmposing such strips shall be placed within the jurisdiction of the City under conditions approved by the planning Commission. 4. Rlicrnmer_t. All streets shall, as far as praeticabl% be in alignment with existint-..; streets by continua- tions of the center lines thereof. In no case shall the staggering of streets ,hake a "T" _- *erseetion be so designed to allow a dangerous -� ndition. Of- fsets of .less than 1001 will not be al "'awed. 5. Future extension of streets. Where necessary to � give access to or permit a satisfactory future sub- division of adjoining land, streets shall extend to the boundary of the subdivision, and the resulting dead-end streets may be approved without a turn- around. Reserve strips including street plugs may y be required to :preserve the objectives of street extensions. 5. Intersection Anules. Streets shall be laid out so as to intersect at. an angle as near to a right angle as practicable, except where topo(. raphy re- quires a lesser angle, but in no case less than 60 degrees unless there is special intersection , design. Streets shall have at least 25 feet of tan- gent adjacent to the right-of-way intersection un- less topography require: a :Lesser distance. Inter- sections which are not at right angles shall have a minimum corner radius of 20 feet along the right- of-way lines of the acute angle. Right-of-way lines r at intersection Faith arterial streets shall have a corner radius of not less than 20 feet. t; 7. Existincr Streets. Whenever existing streets ad- jacent to or within a tract are of inadequate width, additional right-of.-way shall be provided at the time of subdivision. , a 8 Half Street. Half streets, while generally not ac- ceptable, may be approved venere_essential to the reasonable development of the subdivision, when in conformity with the other requirements of these regulations, and when the planning Commission finds Page 16 ,. it will be practical to require the dedication of the other half when the adjol.xning property is sub- divided. Whenever a half street is adjacent to a tract to be subdivided, the cther half of the street shall be platted within such -tract. Reserve strips and :street plugs may he required to preserve the ob- jectives of half streets. 9. Cul-de-sacs. A cul-de-sac shall be as short as pos- sible and shall in no event be more than 600 feet long. All cul-de-sacu shall terminate with a cir- cular turn--around having a minimum right-of-way radius of 50 feet. The length of the cul,-de-sac shall be measured along the center line of the road- way from the near side of the intersecting street to the farthest point of the cul-de-sac. 10. Street Names. No st:reat mune shall be used which will duplicate or be confused with the names of existing streets in th County of Washington, except for extensions of exi .,.q streets. Street names and number: shall conform to the established pat- tern in the surrounding area. 11. Grades and Curves. Grades shall not exceed 6 per cent on major or secondary arterials, 10 per cent on collector streets, or ?2 per cent on any other street. Center line radii of curves shall not be less than 300 feet_ on primary arterials, 200 feet on - secondary arterials, or 100 feet on other streets. 12. Streets adjacent to railroad right-sof-wry. Wherever � the proposed subdivision contair4 nr i,q adjacent to a railroad right-of-way, provision shall be made for a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the land between the streets and the railroad. The distance shall be determined with due consideration at cross streets or the minimum distance required for approach grades to a future grade separation and to provide sufficient depth to allow screen planting along the railroad right-of-way. 13. Marginal Access Streets. Where a subdivision abuts or contains an existing or proposed arterial streer., the Planning Commission may require marginal access streets, reverse frontage lots with suitable depth, screen planting contained in a non-access reserva tion along the rear sof side property line, or other Page 17 treatment necessary for adequate protection of resi- dential properties and to afford separation of through and local traffic. 14. Alleys. Alleys, 20 feet in width shall be provided in commercial and industrial districts, unless other permanent provisions for access to off-street parking and loading facilities are made as approved by the Planning Commission. While alley intersections and sharp changes in alignment shall be avoided, the corners of necessary alley intersections shall have a radius of not less than 12 feet. C. Blocks. 1. General. The length, width, and shape of blocks shall be designed with due regard to providing ad- equate building sites for the use contemplated, consideration of Needs for convenient access, aia°cu- lation, control and safety of street traffic, and recognition of limitations and opportunities of topography. 2. Sizes. Blocks shall not exceed 1,200 feet in length, except blocks adjacent to arterial streets or unless the previous adjacent layout or topographical condi- tions justify a variation. The recommended minimum distance between intersections on arterial streets is 1,800 feet. 3. Easements. (a) Utility Lanes. .Easements for sewers, drainage, water mains, electric lines, or other public utilities shall be either dedicated or pro- vided for in the deed restrictions. Easements shall be a minimum or 10 feet in width, and centered on rear on side lot lines except for tie-back easements which shall be 6 feet wide by 20feet' long along lot side lines at change of direction points of easements. (b) Nater Courses. Where a subdivision is traversed by a water course, drainage way, channel or street, there will be provided a storm water easement or drainage right-of-way conforming substantially with the lines of the water course, and such further width as- will be adequate for r: the purpose, streets or parkways parallel to fy water courses may be required. ` Piga 3.8 D. Lots. 1. Size and Shape•. The lot size, width, shape, and orientation shall be appropriate for the location of the subdivision and shall comply with the City of Tigard zoning *-d�nance for the type of devel- opment and use contemplated. These minimum standards shall apply with following exceptions (a) in areas that will not be served by public sewer and/or public water supply, the lots shall I also conform to .any special requirements devel- oped by the. Cc),ant:y Health Department with re- � spect to problema of sewage disposal and/or water supply. -*L-r� = Pparty zoned for business or indus- trial Ilse, rsther widths and areas may be per- mittek-. 't-,t the discretion of the Planning Com- missicn_. Depth and width of properties re- served ,or laid out for commercial and indus- tria . purposes shall be adequate to provide for ' ". a off-stre-at service and parking fac- ilities acilitiea :re(Taired by the type of use and devel- opment contemplated. 2. Access. The subc:i,ridin; cf the land shall be such that each lot shall ablat, upon a public street. 3. Double Frontac e. Double frontage and reversed frontage lots should be avoided except where es- sential to provide separation of residential de- velopment from railroads, traffic arteries, ad- jacent nonresidential uses or to overcome specific disadvantages of C-opography and orientation. 4. Lot Side lines_. The Nide lines of lots, as far as practicable, shail run at right angles to the street upon which the lots face. E. Large Lot Subdivision. In subdividing tracts into large lots which at some future time are likely to be re-sub- divided, the Planning Commission may require that the blocks shall be of :such size and shape, be so divided into lots, and contain such building site restrictions as will provide for the extension and opening of streets at such intervals as will permit a subsequent division of any parcel into lots of smaller size. F. Building i,inas. if -special building setback lines are to be established in the subdivision, they should be Page 19 ' shown on the subdivision plat or included in the deed restrictions. G. Public Owen Spaces. Due cons-deratlon shall be given by the subdivider to the allocation of suitable areas for schools, parks, and playgrounds to be dedicated for public use. Where proposed park, playground, ether public use shown in a development plan adopted by the City is located in whole or in part in a subdivision, the Planning Commis- sion may require the dedication or reservation of such area within the subdivision. Where considered desirable by the Punning Commission, and where a development plan o the City does not in- dicate propcsed public use rxeas, the Planning Com- mission may require the dedi.cat.Lon or reservation of areas or sites of a character, extent and location suitable for the development of parks and other public use. If the subdivider is required to reserve land area 'or park, playground, or o"Iver Rabl4c use, such land shall be acquired by thp. appropr.,L to public agency within 18 months following plat approval, at a price agreed up T on prior to approval of the piat., or such reservation shall be released t thetabdivider. SECTION IX. IMPROVEMENT REQUIREMENTS. A. The following improvements shall be installed at the expense of the subdivider. All improvements installed by the subdivider shall be guaranteed as to workman- ship and material for a period of one year following acceptance by the City. Such guarantee shall be se- cured by cash deposit or bond in the amount of the IT value of the improvements ,as set by the City Engineer. Said cash or bond shall comply with the terms and conditions of Section V-G-1 of this Ordinance. 1. Streets within the subdivision and streets partially *, within the subdivision, shall be graded for the % entire right of way width, constructed and sur- faced in accordance with standards adopted by the rft City. Existing street8 which abut the subdivision shall be graded, constructed, reconstructed, a surfaced or repaired as determined by the Planning Xi Commissionwith the advice of the :City Engineer. Page 20 r 4 2. Curbs shall Aae constructed in accordance with stand- ardArradcpted by the ,Oity. 3. Concrete sidewalks shall be installed along both sides of each street: in .accordance with standards adopted by the City. Not lets than 5 feet wide in areas where the py.oposed lots are 8500 square feet or leas in size. Sidewalks shall be constructed adjacent to the property line. 4. Sanitary sewers: When the subdivision is within 300 feet of an exi.sti ng public sewer main, sanitary sewers shall be ingtallad to serve each lot in ac- cordance with standards adapted by the City. When the subdivision is more than 300 feet from an existing public sewer main. the Plannina Commission with the advice of the ,city Engineer eer :nay approve alternate sewer disposal systems to County Department of Public Health Standards or reconnend construction of an assessment project to facilitate hooking up to existing sanitary sewers. 5. Drainage of surface water shall be prodded as deter- mined by she Planningrosrrigsion with the advice of the City Engineer. 6. Underground Utility and Service Facilities: All uta i.ty I.Lnes includirFcf, but not limited to, those xequired for electric, communication, lighting and cable television services and related facilities shall be solaced underground, except surface-mounted transformers, surface-mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during con- struction, high capacity electric and communication feeder lines, and. utility transmission lines operating at 50,000 volts or above. Tote subdivider shall make all necessary arrangements with the serving utility to provide the underground services,. The City of Tigard reserves the right to approve location of all surface mounted transformers. 7. Street light standards shall be installed in ac- cordance with regulations adopted by the City. 8. Street name signs shall be installed at all street intersections and dead egad streets and cul-de-sacs in accordance with standards adopted by the City. Page 2 E .L Stop signs and other signs may be required upon the recommendations of the City Engineer. 9. Monuments stall be placed at all .lot and block corners, angle points, point; of curves in streets, at intermediate points aid shall be of such mat- erial, size .and length as required by State Law. Any monuments that are disturbed before all im- provements are completed by the subdivider shall be replaced to conform 'to the requirements of State ' Law. SECTION X. IMPROVEMENTS. r e A. Fees. A permit shall be obtained front the City of Tigard for makinq any subdivision improvements. For such a permit the City of Tigard :hall charge and collect a fee prior to issuing the permit a sum equal to 1' percent of the estimated cost of the improvements { to reimburse it for its costs and expenses incurred for inspecting the improvements to be made. B. Improvement Procedures. Is addition to other require- ments, improvements installed by the subdivider, either as a requirement of these regulations or at his own option, shall conform to the requirements of this or- dinance and to improvement standards and specifica- tions followed by the Cite. she improvements shall be installed in acco dant wt_th the following procedure: 1. Work shall not beq .n until plans have been checkers j for adequacy and approved by the City in writing. All such plans shall be prepared in accordance with requirements of the City. 2. Work .shall not begin until the City has been no- tified in advance and if .pork is discontinued for any reason, it shall not be resumed until the City is notified. 3. improvements shall be constructed under the in-- s pection n--spection and to the satisfaction of the Cityd The City may require changes in typical sections and details if unusual conditions arising during construction warrant such changes in the public interest. 4. Provision for all underground utilities, "including sanitary sewers and storm drains, installed in streets by the subdivider shall be constructed Page 22 prior to the :surfacing of the streets. Stubs for service connect--c nus shall be long enough to avoid disturbing the street improvements when service c,-ninect.ions are made. SECTION XI. EXCEP�TIONP,.. V:ARIARCES AND ENFORCEMENT. A. Exception in C'as-, of Large Scale Development. The standards and regta:y_rement:s "f these regulations may be modified by the Planning ConLm•+ssion in the case of a plan, and i-` r. the coin-_,l ete community, a neighborhood unit. A large-sc;ile shopping center, or large industrial. : .r e~ a .:evelopmert, p_ovid}ng the mod- ifications are di :tri-rental 110 tl•ie public health, safety, and wslfa-,:�, and prc,,,riding the Planning Com- mission detex•:ai s.,e;. t t-i-, re is pro:-i;loo. for adequate -;f. _YYiL5r •:r^lE`�^t.� public spades .f,.r the circulation, recreation, 1:1y'r.t.; cu-Lr , anal A orvice reeds of the devel- oped track and its relation to adjacent areas and for such covenants or other legal provisions as will as- sure conformity tci a.r,d ati�?�ievc ment of the plan. E. Variance Ap-olicaticin. When necessary, the Planning Commission may authoxize ccnditional variances to the requirements of these; regulations. Application for a variance shall be made by a petition of the subdivider, stating fully the grounds of the application and the facts relied upon by the petitioner. The petition : hall be filed witL the tentative map of the subdivi- sicn. In order for the property referred to in the petition to come within the provisions of this section, it shall be necessary that the Planning Commission shall find the follmv,71--ig facts with respect thereto: 1. That there are special circumstances or conditions affecting the pre>perty. 2. That the variance. is necessary for the preserva- tion and enjoyment of a substantial property right of the petitioner and extraordinary hard- ships would result from strict compliance with these regulations because of the special cir- cumstances or conditions affecting the property. n 3. That the grating of the variance will not be detrimental to the public health, safety, or wel- fare or injurious to other property in the vicin- ity in which the property is situated. { Page 23 i 4 C. Planning Commission Action on Variances. 1. In granting necessary variances the Planning Commission shall adhere substantially to the ob- jectives of the regulations to which variances are granted. The imposition of any conditions necessary for this purpose shall be specified in granting the variance. 2. In granting; a variance the Planning Commission shall make a written record of its findings and the facts in connection therewith, and shall specifically and fully set forth the variance granted and the conditions designated. The secretary of the Commission shall keep such findings on file as a matter of public record. D. Temporary Sales Office. The Council of the City may, with the consent of the owner, by motion, grant per- mission for the use of any real property within this City as and for a temporary sales office or offices for the purpose of facilitating in the sale of real property in any subdivision or tract of land within this City, but for no other purpose. The permission granted shall be of a duration not to exceed three years from the date of the motion of allowing the same, ^r- such shorter period of time as the Council shall deem advisable and provide in the motion granting and allowing the same. The office shall be located within the boundaries O-LC _ �u o� C subdivision or tractof land � where the real property to be sold is situated. That the property to be used for a temporary sales office shall not be permanently improved for the purpose, pro- viding, however, that a dwelling structure designed primarily for other purposes may be used temporarily for a- sales office. The granting of permission to use real property for a temporary sales office shall not be construed as granting a temporary zone change and k the Council may impose such terms and conditions upon the granting of the permission as authorized by this Section, as it deems advisable. E. l t Va idi If any prevision of these regulations shall for any reason be held invalid or unconstitutional by a court of competent ,jurisdiction, such judgment shall not affect the validity of the remaining portion. SECTION XII. RECORDER DIRECTED TO ACCOMPLISH FILING AS PROVIDED 9Y SECTION 92.0 OREGON REV SED STATUTES, The City Recorder of the City of Tigard be and she is hereby directed to forthwith file with the record- ing ,officer of Washington County, Oregon, a certified copy of this Ordinance and Subdivision Code, together k Page 2:4 t with a map of the area (city boundaries) subject to the provisions of this Ordinance and to place an official copy of this Ordinance on file in the recorder's office and acknowledgment of such filing signed by the County recording officer. PASSED: By the Council, by unafitmous vote of all Council members present, after being, read three times by number and title only, this 1968. a day of , , k' i r ( L, t-u , Tigard Recorder - City , I APPROVED: By the Mayor, this __day of 1968' ivlayor - City-of �,a.rd r i j L Page 25