Loading...
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: - 4 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. i 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. Page 2 - ORDINANCE No.74-19 $OOK1 j�-PACEMu a (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. Page 3 - ORDIPtANCE No.74 s nox1222 rncE581 x.;r 4Y I 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, f 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 Page 6 ORDINANCE No.74-. . ,i