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(A) The purposes of this chapter are as follows:
(1) To accomplish the orderly development of land;
(2) Facilitate creation and sales of lots and parcels; and
(3) Insure that needed access, public services and facilities are, or can be made available to areas proposed for development.
(B)
In pursuit of these purposes, the following factors shall be taken into account:
(1) Land use plan and zoning provisions, and compliance with the adopted Transportation System Plan;
(2) The suitability and compatibility of the proposed partitioning or subdividing as related to adjacent and surrounding area development;
(3) The extent and placement of needed facilities and services;
(4) Street location and improvement consistent with the Transportation System Plan (TSP), and may include requiring that access be extended to adjacent properties;
(5) Safety from fire, flood, landslide or other hazards;
(6) Other transportation, service, drainage, education, recreation or related needs;
(7) Soils and related characteristics; and
(8) Land development with access to State Highway 203 and/or 237 will address safety, capacity, functional classification, and level of service.
(Ord. 418, passed 3-12-1990; Ord. 481, passed 9-13-2004)
As used in this chapter, the masculine includes the feminine and neuter and the singular includes the plural. Unless it is apparent from the context that different meanings are intended, the words and phrases below shall have the following meanings.
ALLEY. A narrow street through a block which affords only secondary means of access to abutting property at the rear or side thereof.
ARTERIAL STREET. A street carrying fast or heavy traffic of considerable continuity, used primarily as a traffic artery for intercommunication among large areas.
BUILDING LINE. A line on a plat indicating the limit beyond which buildings or other structures may not be erected.
CITY. City of Union, Oregon.
COLLECTOR STREET. A street which carries traffic from minor streets to arterial streets, including the principal entrance streets of a development and streets for circulation within such a development.
COMPREHENSIVE PLAN. A plan adopted by the City Council as a guide for the growth and improvement of the city including modifications, refinements and amendments which may be made from time to time.
COMMISSION. Planning Commission, City of Union, Oregon.
COUNCIL or CITY. Mayor and Council of the City of Union, Oregon.
CUL-DE-SAC. A short street having one end open to traffic and being terminated by a vehicle turn-around.
DEVELOPER. Property owner or authorized representative thereof requesting to partition, subdivide or develop land.
EASEMENT. A grant of the right to use a strip of land for specific purposes.
LOT. A unit of land that is created by a subdivision of land.
(1) CORNER LOT. A lot at least two adjacent sides of which abut streets other than alleys, provided the angle of intersection of the adjacent streets does not exceed 135 degrees.
(2) THROUGH LOT. A lot having frontage on two parallel or approximately parallel streets other than alleys.
MAJOR PARTITION. A partition that includes the creation of a road or street, i.e. utilization of a means of access not previously approved for partitioning or subdividing.
MARGINAL ACCESS. A cul-de-sac street, driveway, lane or frontage road, generally providing access to a limited number of abutting lots.
MINOR PARTITION. A partition creating two or three parcels, and which does not include the creation of a road or street, or utilization of a means of access not previously approved for partitioning or subdividing.
MINOR STREET. A street used primarily for access to abutting lots, and having greater anticipated traffic demands than marginal access streets.
PARCEL. A unit of land that is created by a partitioning of land.
PARTITION. Either an act of partitioning land or area or tract of land partitioned.
PARTITION LAND. To divide an area or tract of land into two or three parcels within a calendar year. PARTITION LAND does not include divisions of land resulting from lien foreclosures, foreclosure of a recorded contract for the sale of real property, the creation of cemetery lots, the
adjustment of a parcel or 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 and a sale or grant by a person to a public agency or public body for state highway, county road, city street or other right-of-way purposes provided that the road or right-of-way complies with the applicable comprehensive plan and O.R.S. 215.213(2)(q) to (r).
PARTITION PLAT. A final map and other writing containing all the descriptions, locations, specifications, provisions and information concerning a major or minor partition.
PARTITIONER. Any person commencing proceedings under this chapter to effect a partition of land hereunder for himself, herself or for another.
PERSON. An individual, firm, partnership, corporation, company, association, syndicate or any legal entity, and including any trustee, receiver, assigner or other similar representative thereof.
PLANNING ADMINISTRATOR. The Council or that official(s) designated by the City Council to administer this chapter.
PLAT. A final subdivision plat, re-plat or partition plat.
RE-PLAT. A final map of the reconfiguration of lots and easements of a recorded subdivision or partition plat and other writings containing all the descriptions, locations, specifications, dedications and provisions and information concerning a recorded partition or subdivision.
ROAD. A public or private way which is used or intended to provide access (ingress or egress), for persons to one or more lots, parcels, areas or tracts of land, excluding a private way that is created to provide access (ingress or egress), to the land in conjunction with forestry, mining or agricultural uses.
STREET. See ROAD.
STREET WIDTH. The shortest distance between the lines delineating the right-of-way of a street.
SUBDIVIDER. Any person commencing proceedings under this chapter to effect a subdivision of land hereunder for himself, herself or for another.
SUBDIVIDE LAND. To divide an area or tract of land into four or more lots within a calendar year.
SUBDIVISION. Either an act of subdividing land or tract of land subdivided as defined in this chapter.
URBAN LANDS. Lands inside the City of Union Urban Growth Boundary (UGB) for which sewer and water service are available and capable of supporting planned levels of development, including associated open space and unbuildable land.
URBAN LEVELS OF DEVELOPMENT. Development which generally requires supporting full urban services (city water, sewer, street and etc.) to be capable of reaching development levels planned for within the city Comprehensive Plan.
URBAN TSP AREA. The platted and developed portions within the city’s Urban Growth Boundary where existing driveways onto the state highway system are conforming features until redevelopment, at which time the driveway will be evaluated by the city and ODOT in order to preserve safety.
URBANIZABLE LANDS. Lands inside the city Urban Growth Boundary (UGB) that are designated for urban development for which sewer and water services capable of supporting planned developments are available.
URBANIZABLE TSP AREA. The sparsely developed portion of land between the urban area and the Urban Growth Boundary where new public streets accessing the state highway system are based on the adopted Local Street Plan and new driveways accessing the state highway system are at least 150 feet apart.
(Ord. 418, passed 3-12-1990; Ord. 481, passed 9-13-2004)
(A) Requirements.
(1) No person shall subdivide or partition land within the city limits except as provided in this chapter. All partition and subdivision plats and all streets and ways utilized for the purpose of creating lots or parcels are required to be approved in accordance with these regulations. A person desiring to subdivide or partition land within the incorporated area of the city shall submit tentative plans and final documents for approval as provided in this chapter and Oregon Revised Statutes.
(2) Recording of a lot or parcel. No lot or parcel created by subdividing or by major or minor partitioning shall be submitted for recording to the County Clerk nor have any validity unless it has been approved as required by this chapter.
(3) Sale of lots or parcels. No person shall sell any lot in any subdivision or convey any interest in a parcel in any partition until the plat of the subdivision or partition has been acknowledged and recorded with the Union County Clerk. In negotiating to sell a lot in a subdivision or convey any interest in a parcel in any partition, a person may use the approved tentative plan for the subdivision or partition.
(4) Permits. No building permit, or permission for the connection to the city water or sewerage system shall be given for any structure on a parcel or lot in a partition or subdivision for which a plan or plat has not been approved and recorded in a manner prescribed herein.
(B) Withholding city services. The city may withhold all public improvements, including maintenance of streets and roads, from a partition or subdivision which has not been approved and recorded in the manner prescribed herein.
(Ord. 418, passed 3-12-1990; Ord. 481, passed 9-13-2004) Penalty, see § 152.99
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