Ordinance No. 79-96 r
CITY OF TIGARD, OREGON
ORDINANCE No. 79— 9&
AN ORDINANCE AMENDING TITLE 17, LAND PARTITIONS, OF THE TIGARD MUNICIPAL CODE,
AND DECLARING AN EFFECTIVE DATE.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1; The Tigard City Council has held a public hearing on October 22, 1979
to consider a change to Title 17 of the Tigard Municipal Code, dealing
with Land Partitions.
Section 2: Title 17, Land Partitions, of the Tigard Municipal Code is hereby
" amended to read as follows:
SEE ATTACHED EXHIBIT "A"
Section 3: This ordinance shall be effective on and after the 31st day after
its passage by the Council and approval by the Mayor.
PASSED: By vote of all Council members present after
being read -E46- times by number and title only this X7h day of
1979.
City ecorder
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APPROVED: By the Mayor this day of 1979.
Mayor
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EXHIBIT "A"
LAND PARTITION ORDINANCE
Title 17
1. Title 8. General Standards
Streets F
2. Purpose Blocks
Lots
3. Intent Public Use Areas
4. Definitions 9. Improvements
5. General Provisions 10. Variances
6. Subdivision & 11. Fees
Major Land Partition
Preliminary Plat Procedures 12. Enforcement
Information Required
Final Plat Procedures 13. Resubdivision
Information Required
14. Vacations
7. Minor Land Partitions
Procedures
Information Required
TITLE
17.01.100 Short title. The ordinance codified in this title shall be known as the
"City of Tigard Land Partition Ordinance," and may be cited as such.
PURPOSE
17.02.100 This title is adopted for the following purposes: To further the orderly
use of land and layout of streets, to carry out the comprehensive plan of
the city, and to promote the public health, safety and general welfare,
lessen congestion in the streets, secure safety from fire, flood, pol-
lution and other dangers, provide adequate light and air, prevent overcrowding
of land, and facilitate adequate provision for transportation, water supply,
sewage, drainage, preservation of open space, and to provide standards of
design and procedures for subdividing and partitioning land.
INTENT
17.03.100 Intent. It is intended that the Land Partitioning Ordinance shall sup-
plement and facilitate the regulations of the state regarding sub-
division and public improvements and the provisions of all other city
ordinances, including the zoning ordinance, the street and sidewalk
ordinance, and building and housing codes.
vnDA:;A .CE No= 79-q4
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DEFINITIONS
17.04.010 Building line 17.04.090 Plat and map Capital Improvement Program 17.04.100 Right-of-way
17.04.030 Community Services and 17.04.110 Roadway
Transportation Plan 17,04.120 Sidewalk
17,04.040 Comprehensive Plan 17,04.130 Streets or roads
17.04.050 Easement 17.04,140 Reserve strip
17.04.060 Lot
17.04.070 Partition 17.04.141 Street plug
17.04.050 Pedestrian way 17,04.150 Subdivide land
17,04.160 Subdivision
17,04.010 Buzl_ding line. "Building line" means a line on a plat indicating the
limit beyond which buildings or structures may not be erected.
17.04.020 Capital Improvement Program. A schedule of all future projects re-
quiring public funds listed in order of construction priority to-
gether with cost estimates and anticipated means of financing each
project.
17.04.030 Community Services and Transportation Plan. A component of the com-
prehensive plan dealing with policies for transportation and com-
munity facilities.
17.04,040 Comprehensive Plan. The official Public
ity
a policy guide to decisions about the Physical edevelopment nt adopted boftthe he ccom-
as
munity.
17,04.050 Easement. "Easement" means a grant of the right to use a strip of land
for specific purposes,
17.04.060 Lot. A recorded tract, plot or portion of contiguous land in the same
ownership.
(a) Corner lot, A lot that abuts the intersection of two or
more streets.
(b) Double frontage lot. A lot that has frontage on two parallel
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or approximatelyely�parallei streets other than the alleys.
17.04.070 Partition.
(a) "Partition" means either an act of partitioning land, or an area or
tract of land partitioned as defined in this title.
(b) "Major partition" means a partition which includes the creation of
a road or street.
(c) "Minor partition" means a partition that is subject to a ra
a city and county under a regulation or ordinance adopted pursuantto1ORS
92.046 and that does not include the creation of a road or street.
(d) "Partition land" means to divide an area or tract of .land into two or '
three lots within a calendar year when such area or tract of land exists as
a unit or contiguous units of land under 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 lard" does not include any adjustment of a lot line
by the relocation of a common. boundary where an �d-'���___, ,_�
�• GlClonat tett is not created E'
ORDINANCE No. 79-q'
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and where the existing lot reduced in size by the adjustment is not
reduced below the minimum lot size established by an applicable zoning
ordinance.
17.04.080 Pedestrian way. "Pedestrian way" means a right-of-way for pedestrian traffic.
17.04.090 Plat and maR.
(a) "Plat" includes a final map, diagram, drawing, replat or other
writing containing all the descriptions, locations, specifications,
dedications, provisions and information concerning a subdivision.
(b) "Map" means a final diagram, drawing or other writing concerning
a major partition.
17.04.100 Right-of-way. "Right-of-way means the area between boundary lines of a
street or other easement.
17.04.110 Roadway. "Roadway" means the portion or portions of street right--of-way
developed for vehicular traffic.
17.04.120 Sidewalk. "Sidewalk" means a pedestrian walkway with permanent surfacing.
17.04.130 Streets or roads.
(a) 'Lock street" means a public or private way that is created to
provide ingress or egress for persons to one or more lots, parcels, areas
or tracts of land
(b) "Adley" means a narrow street through a block primarily for vehicular
service access to the back or side of properties otherwise abutting on
another street.
(c) "Arterial" means a street which is used primarily for through traffic
or which, by its location, will likely be needed for such use in the
normal growth of the city.
(d) "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.
(e) "Cul-de-sac (dead-end street) "means a short street having one end open
to traffic and being terminated by a turnaround.
Cf) "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.
(g) "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.
17.04.140 Reserve strip. "Reserve strip" means a narrvu strip of land located between
a subdivision and other property, not dedicated to public use, but con-
veyed to the city for the purpose of giving the city control over develop-
ment of the adjacent property.
17.04.141 Street Plug. "Street plug" means physical barrier blocking access.
ORDINANCE No. 79-
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17.04.150 Subdivide land. To "subdivide land" means to divide an area or tract of 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.
17.04.160 Subdivision. "Subdivision" means either an act of subdividing land, or an
area or tract of land subdivided as defined in this title.
GENERAL PROVISIONS
17.05.010 Adoption of state statutes
17.05.020 Amendments
17.05.030 Provisions for subdividing and partitioning land
17.05.040 Plat and map approval delegated; reserved
17.05.050 Planning Director approval required before recording
17.05.060 Conformity with regulations required before permits granted.
17.05.070 Appeal
17.05.080 Negotiations and sales
17.05.090 Temporary sales office and model homes
17.05.010 Adoption of state statutes. By virtue of the authority contained in ORS
221.330, all the following designated sections of the Oregon Revised
Statutes, and each and all thereof, are adopted by this references, para-
graph 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:
(1) Section 92.010, ORS, (1), (2) and (3), Definitions, as amended
by Section 3 of Chapter 696, Oregon Laws of 1973.
(2) Section 92.014, Approval of planning commission or governing
body of city before creating street or way to partition land, as
amended by Section 3 of Chapter 696, Oregon Laws of 1973.
(3) Section 02.016, Sales or transfers of lots when approval re-
quired under regulations adopted under ORS 02.046 prohibited until
approval obtained, as amended by Section 3 of Chapter 696, Oregon
Laws of 1973.
(4) Section 02.025, Prohibition of sales or transfer of lots prior
to recordation of Plat, as amended by Section 3 of Chapter 696, Oregon
Laws of 1973.
(5) Section 92.040, Application to planning commission for approval
of subdivision plan before recording, as amended by Section 3 of
Chapter 696, Oregon Laws of 1973.
(6) Section 92.050, Requirement of survey and plat of subdivision.
(7) Section 92.060, Marking of certain points of plats and monuments;
specifications of monuments, as amended by Section 3 of Chapter 696,
Oregon Laws of 1973.
(8) Section 02.070, Surveyors affidavit necessary to record plat;
contents of affidavit, a&. amended by Section 3 of Chapter 696,
Oregon Laws of 1973.
(9) Section 92.080, Preparation of plat, as amended by Section 3
of Chapter 696, Oregon Laws of 1973.
(10) Section 92.090, Requisites for approval of plat, as amended by
Section 3 of Chapter 696, Oregon Laws of 1973.
(11) Section 92.100, Approval of plat by city engineer or by county
surveyor and by county assessor and county commissioners.
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17.05.020 Amendments. The procedures for the adoption of any ordinance or regulations
under ORS 92.044 and 92.046, and land use regulations under this title, shall
be as prescribed by ORS 92.048 as amended by Section 11, Chapter 696, Oregon
Laws of 1973
17.05.030 Provisions for subdividing and partitioning Iand. No person may subdivide
land or partition land except in accordance with ORS 92.010 to 92.100 to
92.160 and the provisions of this title.
17.05.040 Plat_ and map approval delegated; reserved. The Planning Commission delegates its
poorer and duties with respect to approval or denial of preliminary and final
subdivisions and maps of major and minor partitions to the Planning Director.
The Planning Commission reserves unto itself the right to exercise equal powers and
duties in <iny given case, at its option.
17.05.050 Planning Director approval required before recording. Approval by the Plan-
ning Director of subdivisions and major and minor 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 with respect to a major or minor
partition may be filed or recorded in the county recording office, and the
Planning Commission reserves unto itself the right to exercise equal powers and
duties in any given case, at its option.
17.05.060 Conformity with regulations required before other permits granted. No build-
ing permit or certificate of occupancy shall be issued for any parcel or lot
which was created by subdivision or partition if it is not in conformity
with the provisions of these subdivision regulations. No excavation of land
or construct.lon of any public or private improvement shall take place or be
commenced except in conformity with these regulations.
17.05.070 A eal procedures.
a Any person aggrieved by a decision of the Planning Director in approv-
ing or dissapproving any subdivision or major or minor partition proposal
may appeal such decision to the Planning Commission by notice served upon
and filed with the City Recorder. The appeal must be filed within ten (10) days
after the date of such action by the Planning Director from which the
appeal is taken in the case of a minor land partition and within thirty
(30) days in the case of a subdivision or major land partition. (b) Any
person aggrieved by a decision of the Planning Commission in approving or
disapproving any subdivision or major or minor partition proposal may
appeal such decision to the City Council through the City Recorder within
twenty (20) days after the date of such action of the Planning Commission
from which the appeal is to be taken. (c) Administration of the appeal
procedures for this Title will be handled in the same manner as set forth
in Title 18.92.
17.05.080 Prerequisites for negotiation and sale.
a No -:arson shall negotiate to sell any lot in a .o,'-;to:vision until a
preliminary plat has been approved.
(b) No person shall sell any lot in any subdivision until:
1. The final plat has been approved in accordance with the provisions
of these regulations, and
2. The final plat has been recorded by the county clerk.
(c) No person shall dispose of, transfer, sell, offer, or negotiate to
sell any tot 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,
ORDINANCE No. 79- �_
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17.05.090 TemRorary Sales Office. The City Council may, upon application by the
owner, grant permission for the use of any real property within the city
as a temporary sales office or offices for the purpose of facilitating
the sales of real property in any subdivision or tract of land within
this city, but for no other purpose. The permission granted shall be
of duration not to exceed one year from the date of the action allowing
s ame. The o f f ice shall be located within the boundaries of the sub-
division or tract of land where the real property to be sold is situated.
The property to be used for a temporary sales office shall not be per-
manently improved for that purpose; providing, however, that a dwelling
structure designed primarily for other purposes may be used temporarily
fora bales 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 the Council may impose such terms and conditions upon the
granting of the permission, as it deems advisable.
Model Houses. Upon application by the owner, the Planning Director may
grant permission for the use of any real property within the city as a
"model house" to be used in connection with the sale of real property in any
subdivision or tract of land within the city.
(a) -Application shall be made to the Planning Director or his designate
and the Planning Director o r itis designate shall have the authority to
authorize such use for a period not to exceed one year from the date of
the application.
(b) The applicant or any successor in interest shall be eligible to
apply for renewal of permission to operate a model house or houses, but
renewal shall not be allowed unless 15 percent or more of the number of
lots in the subdivision in which the "model house" is located remain un-
sold at the time of expiration of permission, or, in the case of a sub-
division exceeding fifty lots and being developed in "phases," unless 15
percent or more of the number of lots in the phase in which the "model
house" is located remain unsold at the time of expiration.
(c) The applicant shall not be limited to one "model house" per sub-
division or "phase", but the applicant shall not be allowed permission
for the use of more than three "model houses" in any subdivision or
"phase."
(d) The decision of the planning Director shall be appealable directly
to the City Council.
(e) Both the Planning Director and the City Council shall have the authority
to impose any conditions they may find necessary upon the use of a
residential dwelling as a ",aodel house," so as to protect the residential
character of the neighborhood in which the "model house" is located, and
preserve the reasonable peace and privacy of persons inhabiting residences
in the area of the "model house." Ordinance number 79-18.
ORDINANCE No. 79- %4
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SUBDIVISION & MAJOR LAND PARTITION
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17.06.010 Overview
17.06.015 Contents of the preliminary plat
17.06.020 Supplemental material
17.06.025 Scale
17.06.030 Procedures for Preliminary Plat for review and approval
17.06.035 Pre-filing conference
17.06.040 Submission
17.06.045 Notification of affected agencies and departments
17.06.050 Agency and department review
17.06.055 Public notice and comment
17.06.060 Decision
17.06.065 Criteria of approval
17.06.070 Contents of the final plat
17.06.075 Supplemental information required
17.06.080 Procedures for review and approval of final plat
17.06.085 Time limit
17.06.090 Phase development for subdivision
17.06.095 Re-approval after expiration
17.06.100 Final plat submitted
17.06.105 Review and approval
17.06.110 County surveyor approval
17.06.115 Criteria for approval
17.06.120 Improvement agreement
17.06.125 Bond, Cash Deposit, or approved Credit Document
17.06.130 Filing required
17.06.010 Overview. The application for a subdivision or major partitioi has two
main steps: The preliminary plat and the final plat. The pre. tminary
plat must be approved before the final plat application can be considered.
Approval of the preliminary plat shall not constitute final acceptance
of the plat or the map of the proposed major partition for recording.
(Once the preliminary plat is approved, the city may require changes on
the plat that are necessary to show compliance with the conditions of ap-
proval.)
Preliminary Plat
17.06.015 Contents of the preliminarX plat. The following general information shall
be shodm on the preliminary plat:
(a) Appropriate identificatin clearly stating the map is a preliminary
plat;
(b) Proposed name of the subdivision. This name must not duplicate or
resemble the name of another subdivision in Washin -on County and must
be approved by the City;
(c) Date, northpoint and scale of drawing;
(d) 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 other description according to the real estate
records of the County Assessors
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(e) Names and addresses of the owner or oTemers, subdivider and engineer,
or surveyor.
(f) The 'Location, widths and names of all existing or platted streets
or other public ways within or adjacent to the tract, easements, railroad
rights-cf-way and other important features such as section lines and
corners, city boundary lines and monuments;
(g) 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 five percent and five feet for slopes over five percent;
(h) The location of at least one temporary bench mark within the plat
boundaries;
(i.) Location and direction of all watercourses;
(j) Natural features, such as rock outcroppings, marshes, wooded areas
and isolated preservable trees;
(k) Existing uses of the property, including location of all existing
structures to remain on the property after platting.
(1) Streets, showing location, widths, names, approximate grades, and
approximate radii of curves. The relationship of all streets to any
projected streets as shown on any development plan adopted by the
Planning Commission.
(m) Easements, 81-1 wing Lhe width and purpose;
(n) Lots, showing approximate dimensions, minimum lot size, proposed
lot and block numbers;
(o) Sites, if any, allocated for multiple-family dwellings, shopping
centers, churches, industry, parks, schools, playgrounds, public or
semipublic buildings or other special use.
(p) The Planning Director shall review and approve by signature all
Homeowners' Agreements or Contracts, Covenants, Restrictions for each
plat. Contracts, Covenants, Restrictions that run with the land should
be clearly shown on the face of the preliminary plat.
17.06.020 Supplemental material. Any of the following information may be required
by the P.lanni:ng Director and if it cannot be shown practicably on the
preliminary plat, it shall be submitted on separate sheets accompanying the
preliminary plat:
(aa) A vicinity map showing all existing subdivisions, streets and
unsubdivided land ownerships adjacent to the proposed subdivisions, and
showing how proposed streets may be extended to connect to existing streets.
The vicinity map shall be a scale of one inch equals four hundred feet
and shall show,all lands within a radius of one-half mile from the proposed
subdivision. The vicinity map shall show the proposed streets within the
proposed subdivision and their connection with adjacent streets plus
zoning on/and adjacent to the tract.
(bb) Approximate centerline profiles showing the finished grade of all
streets including extensions for a reasonable distance beyond the limits
of the proposed subdivision.
(cc) 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
I�Xisting sewers, water drains, culverts, and drain pipes, electric
conduits or lines proposed to be used on the property to be subdivided
and insert elevations of sewers at point of proposal connection.
(dd) Where the plat to be subdivided contains only part of the tract
owned or controlled by the subdivider, the Planning Director
shall require a plan of a tentative layout for streets in the unsubdivided
portion.
ORDINANCE NO. 79- q
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(ee) If special building setback lines are to be established in the
subdivision, they shall be shown on the subdivision plat or included
in the deed restrictions.
17.06.025 Scale. The preliminary plat shall be drawn on a sheet eighteen by
twenty-four inches in size or a multiple thereof at a scale of one inch
equals one hundred feet or, for areas over one hundred acres, one inch
equals two hundred feet.
17.06.030 Procedures for preliminary plat for review and approval. Reviewand ap-
proval of a preliminary plat shall be in accordance with the provisions of
17.06.010 through 17.06.070.
17.06.035 Pre-filing conference. Prior to the submission of the preliminary plat
the applicant shall make an appointment with the Planning Director -or
a designate for a pre-filing conference. This conference will provide an exchanyp of�'
information regarding the procedure, the applicable Comprehensive Plan,
zoning, and development requirements, and such technical and design
assistance as will aid the applicant in preparation of his plat.
17.06.040 Submission. The applicant shall submit ten (10) copies of the preliminary
plat to the Planning Director, and pay the filing fee as prescribed in
17.50.010.
17.06.045 Notification of affected agencies and departments. The Planning Secretary
shall send out review sheets and copies of the preliminary plat to other
affected agencies and city departments as appropriate.
17.06.050 Agency and department review. The Planning Director shall coordinate
the agency and department review of the Preliminary plat.
A staff report shall be prepared. Copies of this report shall be available
to interested Parties.
17.06.055 Public notice and comment. Public notice shall be given and the reports
and comments shall be available for public perusal and written comments
for fourteen (14) days prior to the final decision of the Planning Director.
Public Notice shall be given as follows:
(1) By publication in newspaper of general circulation in the City of Tigard.
(2): By mail to all owners of property, as shown by the tax records
of Washington County Assessors office, within 300 feet, including
streets of the property for shich the plat was submitted.
(3) By mail to the president of the Neighborhood Planning Organization
in the affected area.
17.06.060 Decision. The decision of the Planning Director shall be in writing, and
shall state the reasons for the decision within 60 days of the submittal
of the application. The action shall be noted on two copies of the pla*.,
one copy returned to the applicant and one retained by the Planning Department.
ORDINANCE No. 79- 9
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17.06.065 Criteria of Approval. No preliminary plat for a proposed subdivision
and no map or major partition shall be approved unless the Planning
Director finds:
(a) Streets and roads are laid out so as to conform to the plats
of subdivisions or maps of major partitions already approved for
adjoining property as to width, general direction and in all other
respects, unless the city determines it to be in the public interest
to modify the street or road pattern.
(b) Streets and roads held for private use are clearly indicated
n the tentative plan and all reservations or restrictions relating
to such private roads and streets are set forth thereon.
(c) The preliminary plat complies with the comprehensive plan,
the applicable zoning regulations, and the regulations within this
title.
(d) There will exist adequate quantity and quality of water and
an adequate sewage disposal system to support the proposed use of the
land described in the proposed plat.
Final Plat
17.06.070 Contents of the Final Plat. In addition to that information required
in the preliminary plat, the following information shall be shown on
the final plat:
(a) The date, scale, northpoint (generally pointing up) legend, and
controlling topography such as creeks, highways, and rai�roads;
(b) Legal description of the tract boundaries;
(c) Reference points of existing surveys identified, related to
the plat by distances and bearings, and referenced to recorded
surveys as follows:
(1) The location and description of all stakes, monuments, other
evidence found on the ground and used to determine the boundaries of
the subdivision,
(2) Adjoining corners of all contiguous subdivisions,
(3) Section, township, range, donation land claim lines and boundaries
of any lots within previously recorded subdivision plats within or
adjacent to the plat,
(4) Whenever the county, city, or state has established the center-
line of a street adjacent to or within the proposed subdivision, the
location of this line shall be shown and monuments found or reset,
(5) Location and description of all monuments found or established
in making the survey of the subdivision or required to be installed by
the provisions of these regulations;
(d) Lines with dimensions, bearings, radii, arcs, delta angles, points
of curvature and tangent bearings for tract, lot and block boundaries
and street right-of-way and centerlines. Error of closure shall be with-
in the limit of one foot in four thousand feet. No ditto marks shall
be used. Lots containing one acre or more shall show total acreage to
nearest hundredth;
(e) The width of the 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 curvature, curve data shall be based on the street
centerline and in addition to centerline dimensions shall indicate thereon
the radius and central angle. This data may be shown in a table;
ORDINANCE No. 79- q�
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(f) 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 record, a state-
ment of the easement. The widths of the easement and the lengths and
bearings of the lines thereof, and sufficient ties thereto, to definitely
locate the easement as being dedicated by the map, it shall be properly
referenced in the owner's certificates of dedication;
(g) Lot numbers beginning with the number "1" in each block;
(h) Block numbers, if used, should begin with the number "1" and con-
tinuing consecutively without omission or duplication throughout the K
subdivision. The numbers shall be solid, of sufficient size and thick-
ness to stand out, and so placed as not to obliterate any figure. Block
numbers in addition to a subdivision of the same name shall be a con-
tinuation of the numbering in the plat last filed;
(i) Land parcels to be dedicated for any purpose, are to be distinguished
from lots intended for sale;
(j) The following certificates, which may be combined where appropriate:
(1) A certificate signed and acknowledged by all parties having any
record title interest in the land subdivided, consenting to the
preparation and recording of the map and dedicating all parcels of land
shown on the final map and intended for any public use,
(2) An affidavit signed by the engineer or the surveyor responsible
for the survey and final map, the signature of such engineer or sur-
veyor to be accompanied by his seal,
(3) Provisions for all other certifications now or hereafter required
by law.
17.06.075 Supplemental Information Required. The subdivider will provide the fol-
lowing additional information:
(a) 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;
(b) Sheets and drawings showing the following:
(1) Traverse data, including the coordinates of the boundary of the
subdivision, and ties to section corners and donation land claim corners,
and showing the error of closure, if any,
(2) Ties to existing monuments, proposed monuments, adjacent sub-
divisions, street corners, and state highway stationing;
(c) A copy of deed restrictions, including building setback lines,
if any aro". applicable to the subdivision, and a copy of any dedication
which requires separate documents;
(d) Written proof that all taxes and assessments on the tract are
paid for the current year;
(e) A certificate by the city engineer stating that the subdivider has
compiled with one of the following alternatives:
(1) All improvements have been installed in accordance with the re-
quirements of these regulations and with the action of the planning
commission giving tentative approval of the preliminary plat,
(2) An agreement has been executed as provided in Sections 17.06 110
and 17-06.125.
17.06.080 Procedures for Review and Approval of Final Plat. Review and approval
of a final plat shall be in accordance with the provisions of 1.7.06.085
through 17.06.115.
ORD1i1ANCE No. 79E
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17.06.085 Time Limit. The final subdivision plat or final partition map shall
be delivered to the Planning Director for approval within one year
following the approval of the preliminary plat and shall incorporate any
modification or condition required by approval of the tentative plan.
The Planning Director may, upon written request by the applicant, and
payment of the required fee, grant an extension of the approval period,
not to exceed six months.
17.06.090 Phased Development for Subdivision. When an applicant desires to record
and develop subdivision plats covering portions of an approved preliminary
plan in stages, the Planning Director may authorize a time schedule for
platting the various stages in periods of time in excess of one year,
but in no case shall the total time period for platting of all stages
be greater than three years without re-filing of the preliminary plat.
17.06.095 Re-approval-After Expiration. After the expiration of the approval period
and extension, if any, a preliminary plat shall be re-filed and con-
sidered as a new application.
17.06.100 Final Plat Submitted. The original . zwing, five prints of
the final plat, and the required info,ation shall be submitted in the
form required by these regulations and state laws, including O.R.S.
92.050 through O.R.S. 92.120 for plats of record.
17.06.105 Review and Approval. The City Building Official, Planning Director,
and Engineer shall determine whether the final plat is in full con-
formance with the approved preliminary plat and this ordinance. If
it is determined that there is a non-conformity, the Planning Director
shall advise the applicant and allow an opportunity to make corrections.
The applicant must again submit five copies of the corrected map or plat,
When the plat or map is found to be in conformance, it shall be signed
and dated by the Planning Commission Chairman.
17.06.110 County Sumeyi2 Approval. After signature by the Planning Commission
Chairman, the Planning Director will send a copy of the plat and sup
plemental information to the County Surveyor. The County Surveyor shall
examine the final plat to determine whether there has been compliance
with all provisions of state law and this title. The County Surveyor
may make such checks in the field as he may desire to verify that the
map is sufficiently correct and he may enter the property for this
purpose. When the County Surveyor finds the documents in full conformance,
and has been paid the statutory fee for such service by the subdivider,
he shall sign his approval in the space provided.
17.06,115 Criteria far Aoproval. No plat of a proposed subdivision and no map
of a proposed major partition shall be approved unless:
_ (a) The provisions of 17.06.070. and 17.06.075 have been satisfied.
(b) The plat or map is in substantial conformity with the pro-
visions of the preliminary plat for the subdivision or the major
partition, as approved,
(c) The plat or map complies with applicable zoning ordinances and
regulations, and any ordinances or regulations adopted under O.R.S.
92.044 that are then in effect.,
ORDINANCE No. 79
Approved on /s4 7
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(d) Streets and roads for public use are dedicated without any reserva-
tion or restriction other than reversionary rights upon vacation.
(e) Streets and roads held for private use and indicated on the prelimin-
ary plat of such subdivision or major partition have been approved by
the city.
17.06. 120 Improvement Agreement. Before approval by the Planning Commission Chairman
is certified on the final plat, the subdivider shall execute and file with
the City a compliance agreement between himself and the City specify-
ing the period within which all proposed and/or required public improvements
and repairs shall be completed, 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 subdivider and/or from
the subdivider's surety. Such agreement may also provide for construction
of improvements in stages, for extension of time under conditions therein
specified, for special specifications, fees, plans and/or other conditions
applicable thereto.
17.06.125 Bond, Cash Deposit or approved Credit Document. (a) The subdivider shall
file with the Improvement Agreement, to assure his full and faithful performance
thereof, one of the following:
(1) ti personal bond cosigned by at least one additional person. The sub-
divider and the cosigners shall submit evidence of financial ;:es;ponsibility
and the financial resources of those signing the bond shall provide a
reasonable assurance of the ability of the subdivider to proceed in accord-
ante with the agreement;
(2) A surety bond executed by a surety company authorized to transact
business in the state of Oregon;
(3) An irrivocable letter of credit in a form approved by the City from an
Oregon bank in good standing.
(4) Cash.
(b) Such assurance of full and faithful performance shall be for a sum of
one hundred percent (100%) of the City Engineer's estimated in-place con-
struction cost of all public improvements, including related egineering
and incidential expenses.
(c) In the event the subdivider fails to carry out all provisions of the
agreement and/or if the City has unreimbursed costs or expenses resulting
from such failure, the City may call on the bond, letter of credit, or cash
deposit for reimbursement(s) .
17.06.130 Filing Required. After approval as described in 17.06.110, the County
Surveyor shall transmit the final plat and tracing to the County Assessor
and to the County Health Department and to the County Board of Commissioners
and to the Countv Clerk for signatures required by law. Approval of the
final plat shall be null and void if the plat is not recorded within sixty
lays after the date the last required approving signature has been obtained.
Minor Land Partition
17.07.005 General. Minor Land Partitioning shall be in accordance with section
17.07.005 through 07.07.040.
ORDINANCE No. 7
Approved on
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17.07.010 When to process as a subdivision. The proposal must be submitted in
accordance with major partition and subdivision provisions 17.06.010
through 17.06.140 if:
(a) More than three lots will be created from a tract of land
which existed as a contiguous unit of land under a single
owner one year prior to the date of application for a par-
tition of land, or;
(b) The proposal includes, or the Planning Staff requires, the
t
dedication of land and easements for roads or streets.
17.07.015 Submission. The applicant shall sumbit three (3) copies of the
sketch map to the Planning Director and pay the fees. If any changes
or conditions are necessary to process the minor land partition the
applicant shall incorporate the required modifications in a new
sketch map and resubmit it to the Planning Director. '
17.07.020 Contents of the sketch map. The sketch map shall be eight and one half
by 11 inches, or eighteen by twenty four inches in size., and it shall "
contain the following information:
(a) The date, northpoint, scale, and sufficient description to
define the location and boundaries of the parcel to be par-
titioned and its location;
(b) The name and address of the record owner or owners ana 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 par-
titioning;
(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; location, width, and purpose of all other °
existing easements; and location and size of sewer and water
lines, drainage ways, and utility poles.
(e) The location of existing structures to remain in place;
(f) The lot layout, showing size and relationship to existing or
proposed streets and utility easements;
(g) Approximate topography at the same scale as the sketch map.
(h) All easements of record.
(i) Location of existing wooded areas and trees eight inches or more
in diameters measured four feet above the ground level.
17.07.025 Notification of affected agencies and departments. The Planning Secretary
shall send review sheets and copies of the minor land partition tQ
the affected agencies and city departments.
17.07.030 Agency and department review. The Planning Director shall coordinate
the agency and department review of the minor land partition.
A-staff report shall be prepared, a copy of which shall be sent to
i
the applicant.
ORDINANCE No. 79-
Approved on
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17.07.035 Public notice and comment. Public notice concerning minor land partitioning
shall be given as follows:
(1) By publication in newspaper of general circulation in the City
of Tigard.
(2) By mail to all owners of property, as shown by the tax records
of Washington County Assessors office, within 100 feet, in-
cluding streets erf the pr3perty for which the plat was submitted.
(3) By mail to the president of the Neighborhood Planning Organization
in the affected area=
All written comments made to the Planning Department shall be available
for public review. Following fourteen (14) days after public notice, the
Planning Director shall make the final decision on Minor Land Partitions,
17.07.040 Decision. The Planning Director shall take the comments of the public
into consideration when making a decision. The Planning Director may
approve with the addition of conditions or disapprove. The decision
shall be in writing within sixty (60) days of the submittal of the
application and shall state reasons for approval or denial. The action
shall be noted on two copies of the minor land partition. (One copy
returned to the applicant and one retained by the Planning Department).
If approved, the applicant may file the partition with the County Kecording
Officer.
STREETS
Sections:
17.08.010 Creation of streets or roads and conditions thereof.
17.08.020 Easement of way.
17.08.030 Generally.
17.08.040 Minimum right-of-way and widths for road surfacing.
17.08.050 Reserve strips.
17.08.060 Alignment.
17.08.070 Future extension of streets.
17.08.080 Intersection angles.
17.08.090 Existing streets.
17.08.100 Half street.
17.08.110 Cul-de-sac.
17.08.120 Street names.
17.08,130 Grades and curves.
17.08-140 Streets adjacent to railroad right-of-way.
17.08.150 Marginal access streets.
17.08..160 Alleys.
17.08.170 Street crossections.
ORDINANCE No. 79-
Approved on 79
15
17.08.010 Creation- of- streets or roads and conditions thereof.
a The final plat shall provide for the dedication of all streets
for which approval has been given by the planning commission
or the city council. Approval of the final plat shall constitute
acceptance of the street dedications thereon set forth.
(b) Creation of all streets shall be in conformity with the require-
ments for subdivision or major partitioning, except however, that
the city council may approve the creation of a street by deed
of dedication without full compliance with the regulations ap-
plicable to subdivisions or major partitions if any one or more
of the following conditions are found by the city council to be
present:
(1) Establishment of a street is initiated by the city council
and is found to be essential for the purpose of general
traffic circulation, and partitioning of subdivision of
land has an incidental affect rather than being the primary
objective in establishing the road or street for public use;
(2) The tract in which the road or street is to be dedicated
is an isolated ownership of one acre or less and such ded-
ication is recommended by the planning commission to the
city council based on a finding that the proposal is not an
attempt to evade the provisions of this title governing the
control of subdivisions or major partitions.
(c) With each application for approval of a road or street not in
full compliance with the regulations applicable to subdivisions
or major partitions, the proposed deed of dedication in proper
legal form shall be submitted along with the application at
least twenty-one days prior to the meeting at which the planning
commission is to consider the same. The applicant shall submit
such additional information and justification as may be necessary
to enable the planning commission in its review to determine
whether: or not a recommendation for approval thereof by the city
council shall be made, and such recommendation, if any, shall be
based upon a finding that the proposal is not in conflict with
the objectives of this title. The planning commission in submitting
such proposal with a recommendation to the city council may
attach such conditions as the planning commission may consider
necessary to preserve the standards of this title. All deeds of
dedication shall be in form prescribed by the city and shall name
"the City of Tigard, Oregon" or "the public," whichever the city
may require, as grantee.
17.08.020 Easement of way. 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 ownership or building development, whether
mediate or future, shall be in the form of a street in a subdivisionim
or as provided in Section 17.08.101 with the following exceptions:
(1) Any easement providing access to a parcel of land used for
agriculture, horticulture, grazing, or timber growing and
where the parcel exceeds five acres in size may approved
by the planning commission.
ORDINANCE No 79-
Approved on
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(2) A private easement of way to be established by deed without
full compliance with these regulations may be approved
by the planning commission, provided it is the only reason-
able method by which the rear portion of an unusually deep
lot,large enough to warrant partitioning into two or more
parcels may obtain access, provided, however, that this ac-
cess shall be in compliance with the access and egress provi-
sions of Title 18.
17.08.030 Generally . The location, width, and grade of streets shall be considered
in relation to existing and planned streets, to topographical conditions,
to public convenience and safety, and to the proposed use of the land
to be served by the streets. Where location is not shown in the develop-
ment plan, the arrangement of streets in a subdivision shall either:
(1) Provide for the continuation or appropriate projection of
existing principal streetsin surrounding areas; or
(2) Conform to a plan for the neighborhood approved or adopted
by the planning commission to meet a particular situation where
topographical or other conditions made continuance of or
confotmance to existing otreets impractical.
17.08.040 Minimum right-of-way and widths for road surfacing. The width of streets
in feet shall not be less than the minimums shown in the following table:
Right-of-ways Road Surfacing
Type of Street Minimum Minimum
Arterials 80-100 varies
Collector, Business & Industrial
streets 60 44
Local. streets 50 34
Local streets in Planned Development
only with equal off-street parking 50 26
Cul-de-sac (Dead-end streets not more
than four hundred feet long) 50 34
Turn-arounds for Culs-de-sac 50 radius 42 radius
Alley 20 20
17.08.050 Reserve strips. Reserve strips or street plugs controlling the access
to streets will not be approved unless necessary for the protection of the
public welfare or of substantial property rights and in these cases they
may be required. The control and disposal of the land composing such
strips shall be placed within the jurisdiction of the city under conditions
approved by the planning commission.
17.08.060 Alignment. All streets shall, as far as practicable, be in alignment
with existing streets by continuations of the centerlines therof. In no case
shall the staggering of streets make a "T" intersection.- Off-sets of
less than one hundred feet- will not be allowed.
ORDINANCE No. 79-
Approved on �
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17.08.070 Future extension of streets. Where necessary to give access to or permit a
satisfactory future subdivision 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 be required to preserve the objectives of street extensions.
17.08.080 Intersection angles. Streets shall be laid out so as to intersect at an
angle as near to a right angle as practicable, except where topography re-
quires a lesser angle, but in no case less than sixty degrees unless
there is special intersection design. Streets shall have at least
twenty-five feet of tangent adjacent to the right-of-way intersection
unless topography requires a lesser distance. Intersections which are not
at right angles shall have a minimum corner radius offifteen feet along the
right-of-way lines of the acute angle. Right-of-way lines at intersection
with arterial streets shall have a corner radius of not less than twenty
feet.
17.08.090 Existing streets. Whenever existing streets adjacent to or within a
tract are of inadequate width, additional right-of-way shall be provided
at the Lime of subdivision.
17.08.100 half street. Half streets, while generally not acceptable, may be
approved where essential to the reasonable development of the sub-
,division, when in conformity with the other requirements of these
regulations,
17.08.110 Culs-de-sac. A cul-de-sac shall be as short as possible and shall in
no event be more than four hundred feet long unless a variance is granted by
the Planning Commission. All cuts-de-sac shall terminate with a circular turn-
around having a minimum right-of-way radius of fifty feet. The length of
the cul-de-sac shall be measured along the centerline of the roadway from the
near side of the intersecting street to the farthest point of the cul-de-sac.
17.08.120 Street names. No street name shall be used which will duplicate or be
confused with the names of existing streets in Washington County, except
for extensions of existing streets. Street names and numbers shall
conform to the established pattern in the surrounding area.
17.08.130 Grades and curves. Grades shall not exceed six percent on
arterials, ten percent (10%) on collector :streets, or
twelve percent (12%) on any other street. Centerline radii of curves
shall not be less than three hundred feet on primary arterials, two
hundred feet on secondary arterials, or one hundred feet on other streets.
17.08.140 Streets adjacent to railroad right-of-way. Wherever the proposed sub-
division contains or is adjacent to a railroad right-of-way, provisision
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
within 25 feet of the traveled way of intersecting streets. The grade
shall not exceed one-half N the approaching grade
ORDINANCE No. 79- /,
Approved on <J/&-17,9
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1
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.
17.08.150 Marginal access streets. Where a subdivision abuts or contains an existing
or proposed arterial street, the planning commission may require marginal
access streets, reverse frontage lots with suitable depth, screen
planting contained in a non-access reservation along the rear or side
property line, or other treatment necessary for adequate protection
of residential properties and to afford separation of through and local
traffic.
17.08.160 Alleys. Alleys, twenty feet in widthshallbe 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 twelve feet.
17.08.170 Street Crossections. The crossection of streets in inches shall not
be less than the minimums shown in the following table.
Type of Street: Sub-base: Leveling Course: Starf^.c.e:
Arterial Street 12" 4" 1"
Commercial and
Collector Streets: 12" 3" 1"
Local Streets: $" 2 1"
Sub-base and leveling course shall be of select crushed rock. Surface
material shall be of Class "C" or "B" asphaltic concrete. An additional
one inch (1") Class "C" A.C. overlay shall be placed on all new construction
roadways within subdivisions prior to City final acceptance thereof.
PUBLIC USE AREAS
Sections
17.08.210 Consideration for dedication
17.08.220 Indicated in development plan--Dedication requirements.
17.08.230 Not indicated in development plan--Dedicated requirements.
17.08.240 Acquisition by public agency.
17.08.210 Consideration for dedication. Due consideration shall be given the
subdivider to the allocation of suitable areas for schools, parks,
and playgrounds to be dedicated for public use.
17.08.220 Indicated in development Elan--dedication requirements. Where
proposed park, playground, other public use shown in a development
plan adopted by the City is' located in whole or in part in a sub-
division, the Planning Commission may require the dedication or
reservation of such area within the subdivision.
ORDINANCE No. 79-
Approved on d' 7 g
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17.08.230 Not indicated in development Plan - dedication requirements. Where
considered desirable by the Planning Commission, and where a develop-
ment plan of the City does not indicate proposed public use areas,
the Planning Commission may require the dedication or reservation of
areas or sites of a character, extent and location suitable for the
development of parks and other public use.
17.08.240 Acquisition by public agency. If the subdivider is required to reserve
land area for pai._, playground, or other public use, such land shall
be acquired by the appropriate public agency within eighteen months
following plat approval, at a price agreed upon prior to approval of
the plat, or such reservation shall be released to the subdivider.
IMPROVEMENTS
17.09.010 Cash or bond required. 17.09.090 Pedestrian and traffic
17.09.020 Streets. control signs.
17.09.030 Curbs, curb-cuts and driveway 17.09.100 Monuments.
apvroaches. 17.09.110 Installation-Prerequisite-
17.09.040 Sidewalks. permit fee.
17.09.050 Sanitary sewers. 17.09.120 Installation-conformance
17.09.060 Drainage. required.
17.09.070 Underground utilities 17.09.130 Plan checking required.
17.09.080 Streetlights. 17.09.140 Notice to city required.
17.09.150 City inspection required.
17.09.160 Engineers certification
required.
17.09.010 Cash or bond required. All improvements shall be installed at the
expense of the subdivider. All improvements installed by the sub-
divider shall be guaranteed as to workmanship and material for a
period of one year following acceptance by the City. Such maintenance quarantee
shall be secured by cash deposit or bond in the amount of onehundred twenty
(120%) percent of the City Engineer's estimate of in place construction cost of
said improvements, including related engineering and incidental expenses.
The cash or bona snail comply with the terms and conditions of Section
17.06.125 pertinant hereto.
17.09.020 Streets. Streets within the subdivision and streets partially within the
subdsion shall be graded for the entire right-of-way width, constructed
and surfaced in accordance with standards specified herein and in-Chapter
17.03.040 Existing streets which abut the subdivision
may be graded, widened and improved, reconstructed, surfaced or repaired as
determined by the Planning Commission with the advice of the City Engineer.
17.09.030 Curbs, curb-cuts and driveway approaches. Concrete vertical curbs, curb-
cuts and driveway approaches shall be constructed in accordance with
standards specified herein and in 15.04.080, as adopted by the City.
Concrete curbs and driveway approaches shall be installed in all new
subdivision.
ORDINANCE No. 79- qlL
Approved on S1
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17.09.040 Sidewalks. Concrete sidewalks shall be installed along both sides of
eac' ch street constructed in accordance with standards adopted by the
City. Sidewalks may be located, as determined by the Planning Director
with the advice of the City Engineer, either adjacent to the property
line or adjacent to the curb line. Whenever sidewalks are located
adjacent to the curb line, provisions for installation of mailbox clusters
shall be made at intervals the realcn g, without decreasing the width of
the sidewalk section.
No, variance from sidewalk installations shall be permitted.
17.09.050 Sanitary sewers. When the subdivision is within three hundred feet of
existing public sewer main, publicly owned, operated and maintained
gravity sanitary sewers shall be installed to serve each lot in ac-
cordance with Unified Sewerage Agency of Washington County rules,
regulations, standards and specifications; the City being an agent of
said regional sewerage authority. When the subdivision is more than
three hundred feet from an existing public sewer main, the City
Council with the advice of the City Engineer and the Planning Commission .
may approve alternate sewer disposal systems to Washington County
Department of Public Health standards or may recommend creation of an
assessment district to facilitate hooking up to existing sanitary
sewers. When a pressure sanitary line or system is proposed to serve
the subdivision or any portion thereof, it shall be installed in accordance
with said regional sewerage authority's rules, regulations, standards and
specifications provided that the Planning Commission and the City Council
approves such installation.
17.09.060 Drainage. Drainage of surface water shall be provided as determined by
the City Engineer.
17.09.070 _Under round utilities.
(a) All utility lines including, but not limited to, those required
for electric, communication, lighting and cable television services
and related facilities shall be placed underground, except surface-
mounted transformers, surface-mounted connection boxes and meter
cabinets which may be placed above ground, temporary utility service
facilities during construction, high capacity electric and
communication feeder lines, and utility transmission lines operating
at fifty thousand volts or above. The subdivider shall make all
necessary arrangements with the serving utility to provide the
underground services. The city reserves the right to approve location
of all surface mounted transformers.
(b) Provision for all underground utilities, including sanitary sewers
and storm drains, installed in streets by the subdivider shall be
constructed prior to the surfacing of the streets. Stubs for
service connections shall be long enough to avoid disturbing the street
improvements when service connections are made.
ORDINANCE No. 79-
Approved on
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17.09.080 Streetlights. Streetlights shall be installed along all public right-
of-ways within and adjacent to the subdivision in accordance with,
but not less than, the minimum illumination standards recommended by the
City Engineer. The first two (2) years energy and maintenance costs
thereof, including a ten percent (107) inflation guard, shall be provided
by the subdivider. The City may, at its option, participate in the cost
of installation of streetlighting along roadways adjacent to the subdivision.
17.09.090 Pedestrian and traffic control signs. The subdivider shall provide and
install pedestrian and traffic control signs in accordance with standards
and specifications adopted by the City. The Uniform Traffic Control
Devices Manual for Streets and Highways, U.S.Department of Transportation-
Federal Highway Administration, shall be the City's minimum standard.
Other regulatory; warning or guide signs may be required upon recommendation
of the City Engineer. As an alternative to subdivider installation, the
subdivider may deposit sufficient monies with the City to cover the
City's cost(s) of purchase and installation of the necessary signs.
17.09.100 Monuments. Monuments shall be placed at all lot and block corners,
angle points, points of curves in streets, at intermediate points
and shall be of such material, size and length as required by state
law. Any monuments that are disturbed before all improvements are
completed by the subdivider shall be replaced to conform to the re-
quirements of state law.
17.09.110 Installation-prerequisite-permit fee. No subdivision improvements, in-
cluding sanitary sewers, storm sewers, streets, sidewalks, curbs,
lighting or other requirements, shall be undertaken except after the
plans therefore have been approved by the City, all permit fees and
deposits have been paid, and an improvement agreement, in accord with
17.06 .125, and bond, in accord with 17.06 .125 , have been executed and
filed with the City. The permit fee is required to defray the cost
and expense incurred by the City for public improvement plan review and
inspection service(s) in connection with the subdivision improvements
to assure that the City's interest therein is provided for; such fee
shall be a sum equal to one and one-half percent of the estimated cost
I of such subdivision improvements.
17.09.120 Installation-conformance required. in addition to other requirements,
improvements, installed by the subdivider, either as a requirement of
these regulations or at his own option, shall conform to the require-
ments of this title and to improve standards, specifications, practices
and procedures adopted by the City. The Standard Specifications for
Public Works Construction-Oregon Chapter A.P.W.A., and Unified Sewerage
Agency Resolution and Order No. 71-9, shall be a part of the City's
adopted installation standard(s);other standards may also be required
upon recommendation of the City Engineer.
17.09.130 Plan checxirg required. Work shall not begin until nine setsof con-
truction plans an one construction cost estimate have been submitted and
tihey_are checked for adequacy and approved by the City in writing:' All
such plans shall be prepared in accordance with requirements of the City. �.
E,
ORDINANCE No. 79-
Approved on
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17.09.140 Notice to city required. Work shall not begin until the City has been
notified in advance. If work is discontinued for any reason, it shall
not be resumed until the City is notifed.
17.09.150 City inspection required. Improvements shall be constructed under the
inspection and to the satisfaction of the City. The City may require
changes in typical sections and details if unusual conditions arising
during construction warrant such changes in the public interest.
17.09.1.60 Engineers certification required. Subdividers Engineer shall provide
written certification of a form provided by the City that
all improvements, workmanship and materials are in accord with the
current and standard engineering and construction practices, and are of high
grade, prior to city acceptance of the subdivision's improvements, or any
portion thereof, for operation and maintenance.
VARIANCES
17.10.010 Application for exception. Application for a variance may be made
with respect to a proposed subdivision, proposed major or minor
partitions, by tiling a request for same with the City Recorder.
Such application shall be supported by a full disclosure of all
material facts upon which petitioner proposes to rely in seeking such
variance, including a copy of map or preliminary plat of the proposed
partitioning or subdivision.
17.10.020 Findings required. A variance from the standards of this title shall
not be granted by the planning commission unless the commission finds
from the facts presented at the hearing all of the following:
(1) That there are special circumstances or conditions af-
fecting the property which are unusual and peculiar to the
lands or development of the project involved as compared
to other lands similarly situated;
(2) That the variance sought is necessary and the minimum re-
quired for the preservation and protection of a substantial
property interest of the petitioner to the degree that
extraordinary hardship would result from strict compliance
to the particular subdivision, major or minor partitioning
involved;
(3) That the granting of the variance will not be detrimental
to the public health, safety or welfare, but will be con-
sistent therewith and shall not be injurious to the rights
to other property owners in the near vicinity nor constitute
a departure from or be in violation of the comprehensive
plan of the City of Tigard;
(4) That the applicant's proposal for variance in a subdivision or
major or minor land partitioning conforms to and is consistent
with all other' regulatory requirements of this title and
Title 18 of this code, that adequate provision is made for
traffic circulation, recreation, open spaces and similar
factors, and that variance sought has been considered by other
public agencies concerned with fire protection, sewer, water
and other utilities, as well as environmental factors, and the
written comments of such regulatory bodies as applicable
is submitted as part of the record.
ORDINANCE No. 79-
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17.10.030 Granting or denial of variance.
Ta7 After hearing, in formulating findings, the Planning Commission
shall adhere substantially to the objectives of the particular
regulations from the effect of which the variance is sought.
(b) The Planning Commission may require such restrictive or other use
covenants may be required to assure conformity to and achievement
of the public interest objectives inherently involved in the proposal.
(c) The findings shall be reduced to writing and the particular facts
in support of the approval or denial of the request shall be fully
set forth. The variance, if granted, shall be specifically defined
and fully described together with all conditions, limitations or
additional requirements clearly designated.
(d) The Planning Commission may, at its option, extend final approval
or amy be motion transmit its recommendations and findings to the
City Council. The council may, after review of the record, findings
and determination of the Planning Commission, amend, rescind or
affirm any action previously taken by the Planning Commission.
(e) The City Council may on its own motion review the proposed variance
and any action taken thereon by the Planning Commission in any case;
provided that the action of the Planning Commission shall be final
unless appealed to the City Council or unless a motion by the Council
to review the action of the Commission is adopted at the Council
meeting next following the determination by the Commission.
(f) Appeal to the City Council from any determination of the City Planning
Commission on a variance proposal may be taken by notice served upon
and filed with the City Recorder within ten (10) days after the date
of the determination from which the appeal is taken.
FEES
17.11.010 Filing Fees. For the purpose of partially defrayingtheexpenses necessarily
arising from or incident to investigation, evaluation and processing of
applications for subdivision, major partitioning, minor partitioning and
variances, including the cost of public notices and hearings incident
thereto, fees are prescribed and required to be paid to the city at the
time of filing such applications. The amount of said fees shall be
prescribed by resolution of the city council, copies of which shall be
available to all interested parties in the office of the City Planning .
Department.
ORDINANCENO. 79-
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ENFORCEMENT
17.12.010 Violation-penalties. Violation of any provisions of this title, in-
cluding all provisions of the Oregon Revised Statutes, by reference
herein made a part hereof, or of any supplement or amendment adopted
pursuant hereto is punishable upon conviction by fine of not less
than-five-hundred dollars nor more than five thousand-dollars, or imprisonment
in the city or county jail for not less than twenty-five days nor more
than fifty days, or both.
RESUBDIVISIONS
17.13.100 Resubdivision of land. In the case of any change in a map of an approved
or recorded subdivision plat, if such change affects any street layout
shown on such map, or any area reserved thereon for public use, or any
lot line, or if it affects any map or plan legally reached prior to the
adoption of any regulations controlling subdivision, such parcel shall
be approved by the same procedure, rules, and regulations as for a
subdivision.
VACATION
17.14.100 Vacation of plats.
(a5 Any plat or any part of any plat may be vacated by the owner of
the premises at any time before the sale of any lot therein, by
a written instrument, to which a copy of such plat shall be at
tacked, declaring the same to be vacated.
(b) Such an instrument shall be approved in like manner as plats
of subdivision. The instrument may be rejected if it abridges
or destroys any public right in any of its public uses, improve-
ments, streets , or alleys.
(c) Such an instrument shall be executed, acknowledged or approved,
and recorded or filed, in like manner as plats of subdivisions;
and being duly recorded or filed shall operate to destroy the
force and effect of the recording of the plat so vacated, and
to divest all public rights in the streets, alleys, and public
grounds, and all dedications laid out or described in such plat.
(d) When lots have been sold, the plat may be vacated in the manner
herein provided•by all the owners of lots in such plat joining
in the execution of such writing.
ORDINANCE No. 79-
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