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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
(A) Preliminary review.
(1) Prior to creating any new lots or parcels, the developer should obtain the checklist for partition or subdivision requirements, and discuss his or her intent with the Planning Administrator. It is desirable to prepare sketch maps and assemble other information as needed to discuss the proposal.
(2) If any parcel of land abuts Oregon State Highway 203 and/or 237, then the applicant shall notify and consult with the city and the ODOT District Manager prior to submitting any land use application. The purpose for this contact is to involve ODOT at the beginning of the application process so that the property owner/developer has the benefit of ODOT comments prior to submitting a site plan, conditional use application, or tentative plat map.
(3) In considering possible partition or subdivision activities, the developer should recognize:
(a) That the proposal may be denied, unless it meets all conditions; and
(b) That the factors below will be considered to determine suitability of the proposal:
1. Land Use Plan and zoning provisions;
2. Initial and potential future development of the area;
3. Initial and potential future area street design and related requirements;
4. Type of sewage disposal and water supply provisions required under § 152.07(G)(2) and (3);
5. School district service capability;
6. Consistency with the Transportation System Plan; and
7. Other information as may be pertinent.
(B) Initiation of an application. A developer shall submit an application on forms provided by the city accompanied by a tentative plan showing the general design of the proposed subdivision or partition accompanied by the prescribed fee. Partition or subdivision activities may be initiated if the developer satisfies the following:
(1) Is in accord with the area Land Use Plan and zoning requirements; and
(2) Is suitable for partitioning or subdividing and does not materially alter the stability of the overall land use pattern of the area, not initiate or encourage a pattern of development incompatible with existing area uses. In determining suitability, the following policies shall be recognized:
(a) Access and provisions for water supply, sewage disposal, school capacity, surveying and possible other requirements must be satisfied;
(b) The development will not adversely affect the economic and social conditions and other characteristics which make the city desirable in which to live; and
(c) The proposal is consistent with the need to minimize flood damage.
(C) Tentative plan.
(1) A tentative plan and at least ten copies (unless a lesser number is determined acceptable by the Planning Administrator), for distribution to other departments and agencies shall be submitted along with supplementary materials as required and the prescribed fee. The tentative plan shall include the items indicated in this chapter. Within 30 days, or at the next available regularly scheduled Council meeting after the tentative plan is determined complete by the Planning Administrator, the Council shall set a hearing date to consider the request. The Planning Administrator shall mail notice of the hearing to all interested agencies and departments, Council members, area landowners within 300 feet of the proposed development and to the other vicinity residents as he or she determines may be affected.
(2) All plans that include road and street improvements shall provide the nature and findings regarding the desired improvements in a notice to each transportation facility provider as follows:
(a) Notice will be provided to ODOT regarding any land use action on or adjacent to a state facility;
(b) All actions potentially affecting a jurisdiction’s road/street shall require notice to that jurisdiction’s Public Works and Planning Department; and
(c) Notice will be given to providers of public transit and special interest transportation groups, such as railroad, bicyclists, pedestrians, and the disabled, on any roadway or other transportation project. Transportation interest groups must request notice in writing and may be subject to a fee.
(Ord. 418, passed 3-12-1990; Ord. 481, passed 9-13-2004)
Tentative plans and related written information for partitions and subdivisions shall include the following.
(A) Scale. The tentative plan shall be drawn on a sheet 18 by 24 inches in size at a scale of one inch equals 100 feet, or as previously approved by the Planning Administrator.
(B) Proposed design. The following information shall be included on the tentative plan:
(1) The location, width, names and approximate grade of all streets. The relationship to surrounding streets and to any projected streets showing in the Transportation System Plan (TSP Figure 6), or any plan adopted by the city or, if no such plan has been adopted, as may be identified by the City Council in order to assure adequate traffic circulation.
(2) The location, width and purpose of easements; and
(3) The location and approximate dimensions of parcels or lots and the proposed parcel or lot and block numbers.
(C) General information. The following general information shall be shown on the tentative plan:
(1) Proposed name of a subdivision shall not duplicate, sound alike or resemble the name of another subdivision in the county and shall be approved by the Council;
(2) Date, north point and scale of drawing;
(3) Appropriate identification clearly stating the map as a tentative plan;
(4) Location of the partition or subdivision sufficient to define the location and boundaries of the subject property; and
(5) Names and addresses of the owner, developer, and engineer or surveyor.
(D) Existing conditions. The following existing conditions shall be shown on the tentative plan:
(1) The location, widths and names of both opened and unopened streets within or adjacent to the subject property, together with easements and other important features, such as section lines, corners, city boundary lines and monuments;
(2) Land use plan and zoning classifications on and adjacent to the property proposed to be partitioned or subdivided;
(3) Contour lines having the following minimum intervals: two foot contour intervals for ground slopes of less than 10%, and ten foot contour lines for slopes of more than 10%. The elevations of all control points which are used to determine the contours shall be indicated and must be based on the United States Geodetic Survey;
(4) The location and direction of water courses and the location of areas subject to flooding;
(5) Natural features such as rock outcroppings, landslide hazard areas, wetlands, flood plains, wooded areas and other unique features;
(6) Known historical sites or structures and provisions for recognition or protection thereof; and
(7) Existing uses of the property, including location of all existing structures to remain on the property after platting and existing structures to be removed.
(E) Partial development. If the partition or subdivision plat pertains to only part of the tract owned or controlled by the developer, the City Council will require a shadow plat for tentative street layout, extension of services and future parcelization to an urban density in the unpartitioned or unsubdivided portion.
(F) Supplementary information with tentative plan. The following information shall be required by the city and, if it can not be shown practicably on the tentative plan, it shall be submitted in separate statements accompanying the tentative plan:
(1) A vicinity map, showing existing adjacent ownership to the proposed partition or subdivision and showing how proposed streets and utilities may be extended to connect to existing and proposed streets and utilities;
(2) Proposed deed restrictions, if any, in outline form;
(3) The location of existing sewers, water mains, culverts, drain pipes and electric and telephone lines within the proposed partition or subdivision and in the adjoining streets and property; and
(4) Subject to any standards and procedures adopted pursuant to O.R.S. 92.044, no plat of a subdivision or partition located within the boundaries of an irrigation district, drainage district, water control district, water improvement district to district improvement company shall be approved by the city unless the city has received and accepted a certification from the district or company that the subdivision or partition is either entirely excluded from the district or company or is included within the district or company for purposes of receiving services and subjecting the subdivision or partition to the fees and other charges of the district or company.
(G) Supplemental plans with tentative plan. The following information shall be submitted with the tentative plan:
(1) Proposed street designation, e.g., arterial, collector and the like, and approximate center line profiles with extensions for a reasonable distance beyond the limits of the proposed partition or subdivision showing the approximate grade of streets and the nature and extent of street construction. If direct access to a state highway is proposed, access must be provided in a manner consistent with the access management provisions and the Local Street Plan in the Transportation System Plan.
(2) Any proposed parcel less than five acres must:
(a) Include a plan for connecting to city water, including plans for water lines and necessary rights-of-way;
(b) Include a plan for connecting to city sewer including plans for sewer lines and required rights-of-way; and
(c) Include stormwater drainage and flood control measures and including profiles of proposed drainage ways.
(3) Any proposed parcel five acres or greater must:
(a) Include a plan for domestic water supply, including the source and plans for water lines;
(b) Include a proposal for sewage disposal, storm water drainage and flood control, including profiles of proposed drainage ways; and
(c) Parcels five acres and larger but smaller than ten acres must submit on the tentative plan a “shadow plat” indicating the following:
1. Future road right-of-way including those recognized in the TSP or required by the Planning Commission or Planning Official;
2. Future parcelization to an urban density;
3. Provision for the extension of city sewer and water service; and
4. Provision for stormwater and flood control.
(4) Rights-of-way proposals for other improvements such as television, cable, telephone, electric and gas utilities.
(5) Present and future school district service capability.
(6) Such additional information as may be required by the city to ensure compliance with the objectives of this chapter.
(7) Submit a traffic impact study when the proposal affects a transportation facility, if the proposal:
(a) Changes the functional classification of an existing or planned transportation facility;
(b) Changes standards implementing a functional classification system;
(c) Allows types or levels of land use that would result in levels of travel or access that are inconsistent with the functional classification or a transportation facility; or
(d) Would reduce the level of service of the facility below the minimum acceptable level identified in the Transportation System Plan.
(8) A required traffic study shall consider:
(a) Whether the proposed use imposes an undue burden on the public transportation system. For developments that are likely to generate more than 400 average daily motor vehicle trips (ADTs), the applicant shall provide adequate information, such as a traffic impact study or traffic counts, to demonstrate the level of impact to the surrounding street system. Standards by which to gauge 400 ADT include: ten trips per day per single family household which would equal 40 homes; five trips per day per apartment which would equal a complex of 80 apartments; and 30 trips per day per 1,000 square feet of gross floor area which would equal a supermarket or other retail development. The developer shall be required to mitigate adverse impacts attributable to the project.
(b) That the scope of the impact study, and the determination of impact or effect, is coordinated with the provider of the affected transportation facility.
(9) A plan for bicycle and pedestrian facilities and improvements within the subdivision, including accessways as necessary to provide more direct connections through the subdivision. The tentative plan shall demonstrate how the subdivision’s internal pedestrian and bikeway system provides safe and convenient connections to the surrounding transportation system.
(H) Preliminary review of proposal. Upon receipt of tentative plan and supplementary information, the Planning Official shall furnish copies to other local, state or federal agencies as may have an interest in the proposal. These officials shall be given a reasonable time to review the plan and to suggest any revisions that are in the public interest.
(I) Tentative plan approval.
(1) Once the tentative plan is accepted as complete it shall be scheduled for the next available Commission meeting and shall be reviewed in a public hearing per this chapter. The Commission may approve the tentative plan as submitted or require modifications. If the Commission conditionally approves or does not approve the tentative plan, it shall include reasons therefore.
(2) No plat for any proposed subdivision or partition may be considered for approval until the tentative plan has been approved by the Commission. Approval by the Commission of the tentative plan shall be binding upon the city for the purposes of the preparation of the subdivision or partition plat.
(3) No tentative plan for a proposed subdivision and no tentative plan for a proposed major partition shall be approved unless:
(a) The streets and roads are laid out so as to conform to the standards set forth in § 152.09 and the Transportation System Plan;
(b) Streets and roads held for private use are clearly indicated on the tentative plan and all reservations or restrictions relating to the private roads and streets are set forth thereon;
(c) The tentative plan complies with the applicable zoning ordinance and regulations that are then in effect;
(d) Each lot or parcel shall abut a public or private street for the required minimum lot or parcel frontage;
(e) If any lot or parcel abuts a street right-of-way that does not conform to the design specifications of this code, the owner may be required to dedicate from one-half to all of the right-of-way width necessary to meet minimum design requirements;
(f) The provisions in § 152.07(G)(2) and (3) are identified for the extension of services; and
(g) All proposed lots or parcels must meet or exceed the minimum parcel size of the applicable zone and shall not include street right-of-way in the calculation of the minimum parcel size.
(4) The action of the Commission shall be noted on two copies of the tentative plan, including reference to any attached documents describing conditions. One copy shall be returned to the partitioner or subdivider and the other shall be retained by the Commission.
(Ord. 418, passed 3-12-1990; Ord. 481, passed 9-13-2004)
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