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The purpose of this chapter is to implement the objectives in divisions (A) through (E), below:
(A) Provide rules, regulations and standards governing the approval of subdivisions, partitions and property line adjustments.
(B) Carry out the city's development pattern, as envisioned by the city's Comprehensive Plan.
(C) Encourage efficient use of land resources and public services, and to provide transportation options.
(D) Promote the public health, safety and general welfare through orderly and efficient urbanization.
(E) Provide adequate light and air, prevent overcrowding of land, and provide for adequate transportation, water supply, sewage, fire protection, pollution control, surface water management, and protection against natural hazards.
(Ord. 2021-08-02, passed 10-12-2021)
This chapter applies to applications for approval of partitions, subdivisions and property line adjustments, as follows:
(A) Partitions are the dividing land to create not more than 3 parcels of land within a calendar year.
(B) Subdivisions are the dividing of land to create 4 or more lots within a calendar year.
(C) Property line adjustments are modifications to property boundaries that do not divide land. Lot consolidations where no lot or parcel is created are processed the same as property line adjustments.
(Ord. 2021-08-02, passed 10-12-2021)
(A) Subdivision and partition approval through 2-step process. Applications for subdivision or partition approval shall be processed by means of a preliminary plat evaluation and a final plat evaluation, according to the following 2 steps:
(1) The preliminary plat must be approved before the final plat can be submitted for approval consideration; and
(2) The final plat must demonstrate compliance with all conditions of approval of the preliminary plat.
(B) Compliance with O.R.S. Chapter 92. Subdivisions and partitions shall conform to O.R.S. Chapter 92, Subdivisions and Partitions.
(C) Future re-division plan. When subdividing or partitioning tracts into large lots (i.e., greater than 3 times or 300% the minimum lot size allowed by the underlying land use district), the lots shall be of such size, shape, and orientation as to facilitate future re-division and extension of streets and utilities. The applicant shall submit a future re-division plan, or shadow plan, indicating how re-division of dividable lots and extension of planned public facilities to adjacent parcels can occur in the future, in accordance with this Code.
(D) Adequate utilities.
(1) All lots created through land division shall have adequate public utilities and facilities, including streets, water, sewer, gas, and electrical systems, consistent with the Public Works Design Standards Manual. Water system improvements shall conform to the Banks Water Master Plan.
(2) For land divisions that anticipate new water service connections, the applicant shall provide written confirmation from the City Engineer verifying that the city's public water system has adequate capacity to serve the proposed number of new water service connections. Alternatively, the applicant may provide documentation satisfactory to the City Engineer of its own alternative source of water that is legally capable of being dedicated to and annexed to the city's municipal water system and of sufficient capacity to serve the proposed number of new water service connections.
(E) Adequate drainage. All lots created through land division shall have adequate surface water drainage facilities that avoid exposure to flood damage and protect water quality. Water quality or quantity control improvements shall conform to the requirements of Clean Water Services.
(F) Adequate access. All lots created or reconfigured shall have adequate vehicle access and parking, as may be required, consistent with the Public Works Design Standards Manual.
(G) Underground utilities. All new lots shall be served with utilities located and constructed underground, consistent with the Public Works Design Standards Manual, except where the City Engineer determines that underground placement of utilities is infeasible.
(Ord. 2021-08-02, passed 10-12-2021)
(B) Preliminary plat approval period. Preliminary plat approval shall be effective for a period of 2 years from the date of approval. The preliminary plat shall lapse if a final plat has not been submitted or other assurance provided, pursuant with § 152.008, within the 2-year period. The Planning Commission may approve phased subdivisions, pursuant with this chapter, with an overall time frame of more than 2 years between preliminary and final plat approvals.
(C) Modifications and extensions. The applicant may request changes to the approved preliminary plat or conditions of approval following the procedures and criteria provided in this chapter. The Planning Commission may, upon written request by the applicant and payment of the required fee, grant written extensions of the approval period not to exceed 1 year per extension, provided that all of the following criteria are met:
(1) Any changes to the preliminary plat follow the procedures in this chapter;
(2) The applicant has submitted written intent to file a final plat within the 1-year extension period;
(3) An extension of time will not prevent the lawful development of abutting properties;
(4) There have been no changes to the applicable Code provisions on which the approval was based. If such changes have occurred, a new preliminary plat application shall be required; and
(5) The extension request is made before expiration of the original approved plan.
(D) Phased subdivision. The Planning Commission may approve plans for phasing a subdivision, and changes to approved phasing plans, provided applicant's proposal meets all of the following criteria:
(1) In no case shall the construction time period (i.e., for required public improvements, utilities, streets) for the first subdivision phase be more than 1 year;
(2) Public facilities shall be constructed in conjunction with or prior to each phase;
(3) The phased development shall not result in requiring the city or a third party (e.g., owners of lots) to construct public facilities that are required as part of the approved development proposal;
(4) The proposed phasing schedule shall be reviewed with the preliminary subdivision plat application; and
(5) Planning Commission approval is required for modifications to phasing plans.
(Ord. 2021-08-02, passed 10-12-2021)
(A) Flag lots. Flag lots may be created only where a through street cannot reasonably be extended to serve standard lots in accordance with this Code. A flag lot driveway ("flag pole") shall serve not more than 3 dwelling units, provided applicable building and fire code requirements are met. The layout of flag lots, the placement of buildings on such lots, and the alignment of shared drives shall not preclude planned future street connections as adjacent properties develop, and shall conform to the transportation connectivity and block length standards set forth in the City of Banks Transportation System Plan.
(B) Emergency vehicle access. An emergency vehicle apparatus lane, including any required turn-around, shall conform to applicable building and fire code requirements. Fire sprinklers may also be required where a lot is not adequately served by a fire hydrant with sufficient water pressure.
(C) Reciprocal access. A drive serving more than 1 lot shall have a reciprocal access and maintenance easement recorded for all lots it serves. No fence, structure or other obstacle shall be placed within the drive area.
(D) Lot size averaging. To allow flexibility in subdivision design and to address physical constraints, such as topography, existing development, significant trees, and other natural and built features, the approval body may grant a 20% modification to the lot area and/or lot dimension (width/depth) standards in §§ 151.035 through 151.038, provided that the overall density of the subdivision does not exceed the allowable density of the underlying zone and the approval body finds that all of the following are met:
(1) Granting the modification is necessary to achieve planned housing densities, as allowed by the underlying zone, or to improve development compatibility with natural features or adjacent land uses;
(2) Where a proposed subdivision would abut an existing subdivision with standard or larger sized lots, the perimeter of the proposed subdivision shall contain standard or larger sized lots; except that this provision does not apply where the existing lots are larger than 10,000 square feet; and
(3) The (city decision-making body) may require screening, buffering, or other transitions in site design where substandard lots are proposed to abut standard or larger sized lots.
(Ord. 2021-08-02, passed 10-12-2021)
Applications for preliminary plat approval shall contain all of the following information:
(A) Application for quasi-judicial review. Application materials for a quasi-judicial review, including application form, fee, narrative, and plan exhibits, are required. See § 151.233.
(B) Public facilities and services impact analysis. The impact analysis shall quantify and assess the effects of the proposed development on public facilities and services. The City Engineer and City Planning Official shall advise as to the scope of the study, which shall address, at a minimum, the transportation system, including required improvements for vehicles and pedestrians; the drainage system; the parks system (for subdivisions and master planned developments); water system; and sewer system. For each system and type of impact, the analysis shall propose improvements necessary to meet the City Public Works Design Standards Manual, other applicable adopted ordinances and facility master plans. The city may require a separate traffic impact analysis.
(C) Preliminary plat map(s). An engineer or professional land surveyor licensed by the State of Oregon shall prepare the preliminary plat map(s), at a scale determined by the City Engineer, which shall consist of at least the following information:
(1) Name of proposed partition or subdivision (partitions are named by year and file number). This name shall not duplicate the name of another land division in Washington County (check with County Surveyor);
(2) Date, north arrow, and scale of drawing;
(3) Location of the development sufficient to define its location in the city, boundaries, and a legal description of the site;
(4) Zoning of parcel to be divided, including any overlay zones; and
(5) A title block including the names, addresses and telephone numbers of the owners of the subject property and, as applicable, the name of the engineer and surveyor, and the date of the survey;
(6) Identification of the drawing as a "preliminary plat"; and
(7) Existing conditions. Except where the City Planning Official deems certain information is not relevant, applications for preliminary plat approval shall contain all of the following information on existing conditions of the site:
(a) Streets. Location, name, and present width of all streets, alleys and rights-of-way on and abutting the site;
(b) Easements. Width, location and purpose of all existing easements of record on and abutting the site;
(c) Utilities. Location and identity of all utilities on and abutting the site. If water mains and sewers are not on or abutting the site, indicate the direction and distance to the nearest one and show how utilities will be brought to standards;
(d) Ground elevations shown by contour lines at 2-foot vertical interval. Such ground elevations shall be related to some established benchmark or other datum approved by the County Surveyor; the Planning Commission may waive this standard for partitions when grades, on average, are less than 6%;
(e) The location and elevation of the closest benchmark(s) within or adjacent to the site (i.e., for surveying purposes);
(f) The base flood elevation, per FEMA Flood Insurance Rate Maps, as applicable;
(g) North arrow and scale; and
(h) Other information, as deemed necessary by the City Planning Official for review of the application. The city may require studies or exhibits prepared by qualified professionals to address specific site features and code requirements.
(8) Proposed development (may be depicted on more than 1 map). Except where the City Planning Official deems certain information is not relevant, applications for preliminary plat approval shall contain all of the following information on the proposed development:
(a) Proposed lots, streets, tracts, including private open space, common area, or streets, if any, and approximate dimensions, area calculation (e.g., in square feet), and identification numbers for all proposed lots and tracts;
(b) Location, names, right-of-way dimensions, approximate radius of street curves, and approximate finished street center line grades;
(c) Any streets and tracts that are being held for private use and all reservations and restrictions relating to such private tracts shall be identified;
(d) The Planning Commission shall also require a dedication of land for public park and recreation purposes. The public park dedication shall not exceed 15% (0 to 15%) of the buildable land area within the subdivision;
(e) Easements: location, width and purpose of all proposed easements;
(f) Proposed uses of the property, including all areas proposed to be dedicated as public right-of-way or reserved as open space for the purpose of surface water management, recreation, or other use;
(g) Proposed public street improvements, consistent with the Public Works Design Standards Manual, including evidence of contact with the applicable road authority, if different than the city, where a new street connection is proposed;
(h) On slopes exceeding an average grade of 10%, as determined by the City Engineer, the preliminary location of development on lots (e.g., building envelopes), demonstrating that future development can meet minimum required setbacks and applicable engineering design standards for streets, driveways, drainage, and retaining walls, as applicable;
(i) Preliminary design for extending city water service to each lot consistent with the Public Works Design Standards Manual;
(j) Preliminary design for extending sanitary sewer service to each lot, and a Service Provider Letter from Clean Water Services;
(k) Proposed method of storm water drainage and treatment, if required, consistent with the Public Works Design Standards Manual and a Service Provider Letter from Clean Water Services;
(l) The approximate location and identity of other utilities, consistent with the Public Works Design Standards Manual including the locations of street lighting fixtures, as applicable;
(m) Evidence of compliance with applicable overlay zones, including but not limited to those regulating development in flood hazard areas.
(Ord. 2021-08-02, passed 10-12-2021)
(A) Approval criteria. The Planning Commission shall approve, approve with conditions, or deny a preliminary plat application. The Planning Commission decision shall be based on findings of compliance with all of the following approval criteria:
(1) All proposed lots, blocks, and proposed land uses shall conform to the applicable provisions of the underlying zoning, unless a variance is approved pursuant to this chapter;
(2) Access to individual lots, and public improvements necessary to serve the development, including but not limited to water, sewer, storm drainage, and streets, shall conform to the Public Works Design Standards Manual, to applicable city standards and the requirements of the respective service providers;
(3) The proposed streets, utilities, and water facilities conform to City of Banks Public Works Design Standards Manual, adopted public facility master plans and allow for logical transitions to existing and potential future development on adjacent lands. The preliminary plat shall identify all proposed public improvements and dedications;
(4) The proposed plat name is not already recorded for another subdivision, and the plat is consistent with the provisions of O.R.S. Chapter 92;
(5) Subdivisions shall contain a minimum 15% open space except as modified by other provisions of this code. Open space areas meeting this standard include lands designated for public parks, trails, common areas maintained by homeowners' associations, and areas with protected natural resources. Open space shall be identified on the preliminary plat, and maintenance of such areas is assured through appropriate legal instrument;
(6) Evidence that any required state and federal permits, as applicable, have been obtained or can reasonably be obtained prior to the final plat;
(7) Evidence that improvements or conditions required by the city, road authority, Washington County, special districts, utilities, and/or other service providers, as applicable to the project, have been or can be met; and
(8) All proposed lots, except those reserved as common area or open space, contain sufficient buildable area for at least 1 dwelling, given existing natural features, if any, and the setback and lot coverage standards of the underlying zone.
(B) Conditions of approval. The Planning Commission may attach such conditions as are necessary to carry out provisions of this Code, and other applicable ordinances and regulations.
(Ord. 2021-08-02, passed 10-12-2021)
(Ord. 2021-08-02, passed 10-12-2021)
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