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(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)
(A) Within one year after approval of the tentative plan and upon completion of, or bonding for improvements, the partitioner or subdivider shall prepare a final plat in conformance with the tentative plan as approved. The partitioner or subdivider shall submit the final plat for Council consideration. If the Council grants approval, the original drawing and the reproducible copy, as required by O.R.S. Chapter 92 and any supplementary information shall be filed with the Union County Clerk. If the developer wishes to proceed with the partition or subdivision after the expiration of the one year period following approval of the tentative plan by the Council, the applicant must resubmit his or her tentative plan to the Council and make any revisions considered necessary to meet changed conditions.
(B) Time extensions. Approval of the tentative plan is valid for one year from the effective date of approval. A one-year time extension may be authorized by the Planning Administrator if the tentative plan is unchanged from the approved plan. If the plan or related conditions in the area have changed, including plan or zone changes, new application for approval must be requested.
(C) Final plat requirements. The final plat, known as the partition plat or subdivision plat, shall conform to surveying requirements in O.R.S. 92.050 through 92.080, except any parcels greater than ten acres need not be surveyed or monumented, but shall be platted. In addition to specific requirements in Oregon Revised Statutes, the following information shall be shown on the final plat:
(1) The date, scale, north point, basis of bearing, legend, controlling topography such as bluffs, creeks and other bodies of water, and existing features such as highways and railroads;
(2) Legal description of the tract boundaries;
(3) Name of the owner, subdivider and surveyor;
(4) The exact location and width of streets and easements intersecting the boundary of the tract;
(5) Subject to § 152.07(G)(2) and (3) of this chapter the proper provisions have been made for acquiring sewer and water service;
(6) The street rights-of-way width. For streets on curvature, curve data shall be based on the street centerline. In addition to the centerline dimensions, the radius and central angle shall be indicated;
(7) Lot numbers beginning with the number one and numbered consecutively in each block, and the area of each lot containing one acre or more to the nearest hundredth of an acre or total square footage not including right-of-way;
(8) Block letters beginning with letter “A” and continuing consecutively without omission or duplication throughout the subdivision. The letters shall be solid, of sufficient size and thickness to stand out and be so placed as not to obliterate any figure. Block letters, in an addition to a subdivision of the same name, shall be a continuation of the lettering in the original subdivision;
(9) Land parcels to be dedicated for any purpose, public or private, to be distinguished from lots intended for sale;
(10) Building setback lines, if any, are to be made a part of the partition or subdivision restrictions;
(11) The following certificates which may be combined where appropriate:
(a) A certificate signed and acknowledged by all parties having any record title interest in the land partitioned or subdivided, consenting to the preparation and recording of the plat;
(b) A certificate signed and acknowledged as above, dedicating all rights-of-way, parcels or lots of land shown on the final map intended for any public use. Streets and roads for public use are dedicated without any reservation or restriction other than reversionary rights upon vacation;
(c) An affidavit with the seal of and signed by the registered land surveyor responsible for the land survey and final map per O.R.S. 92.070; and
(d) Other certifications now or hereafter required by law.
(12) The location and design of all pedestrian and bicycle facilities, including access corridors.
(D) Supplementary information with final plat. The following data shall accompany the final plat:
(1) Addresses of the owner, subdivider and engineer or surveyor;
(2) A preliminary title report issued by a title insurance company in the name of the owner of the land showing all parties whose consent is necessary and their interests in the premises;
(3) A copy of any deed restrictions applicable to the partition or subdivision;
(4) A copy of any dedication requiring separate documents;
(5) Certification that domestic water and sewage disposal systems are available to the lot line of each and every lot in a subdivision and assurance by the subdivider the systems will be installed or alternative systems will be provided according to O.R.S. 92.090(4) and (5) provisions; and
(6) A certificate by the city that the partitioner or subdivider has complied with one of the following alternatives:
(a) All improvements have been installed in accordance with the requirements of these regulations and with the action of the Council in giving approval of the tentative plan; or
(b) An agreement has been executed as provided in § 152.13 and to assure completion of required improvements.
(E) Technical review. Upon receipt of the final plat and accompanying data, the Planning Official shall review the final plat and documents to determine the following:
(1) Private streets and roads conform to the tentative plan;
(2) Subdivision or partition plat conforms with any applicable zoning ordinances and regulations that are in effect;
(3) Donation and explanation of common improvements are recorded and referenced on the partition or subdivision plat;
(4) The final plat conforms with the approved tentative plan, including required shadow platting, road dedication, easements and service extension; and
(5) Compliance with other provisions of Oregon Revised Statutes and this chapter.
(F) Approval of final plat. If the Planning Official determines that the final plat conforms fully with all applicable regulations and standards, he or she shall so advise the Mayor. The final plat shall then be placed on the next available Council agenda, and if the Council agrees that the partition or subdivision has complied with the requirements for tentative plan and final plat approval, it shall be signed. If the Council determines that all requirements have not been met, they shall identify those that are yet to be completed and may authorize the Mayor to sign the plat upon satisfactory compliance with the requirements.
(G) Before recording partition or subdivision plat with County Clerk.
(a) All ad valorem taxes shall be paid per O.R.S. 92.095.
(b) Developer shall receive approval and pay fees for the final plat from the County Surveyor per O.R.S. 92.100.
(H) Recording partition or subdivision plat with County Clerk. The partition or subdivision plat when approved as required and upon payment of the fees provided by law shall be recorded with the County Clerk. Approval of the final plat shall be null and void if the plat is not recorded within 30 days after the date the last required signature has been obtained or within 90 days after Council approval.
(I) Amendments to recorded partition and subdivision plats.
(1) Any recorded partition or subdivision plat may be amended by an affidavit of correction per O.R.S. 92.170 provisions.
(2) Any recorded partition or subdivision plat may be re-platted per O.R.S. 92.180 through 92.190 provisions.
(3) Any boundary of lots or parcels in a recorded subdivision or partition plat may be adjusted as long as no new parcels or lots are created, the adjustment does not reduce a lot or parcel below the minimum parcel size of the applicable zone(s) and each adjusted boundary is surveyed and filed with the County Survey and recorded with the County Clerk.
(Ord. 418, passed 3-12-1990; Ord. 481, passed 9-13-2004)
(A) Creation of streets. The creation of all streets not within a subdivision shall meet the standards for streets within a subdivision. Creation of the streets may be initiated by the Council by resolution, or by a property owner by request.
(B) Any person wishing to create a public or private road or utilize an existing private road for purposes other than agriculture, forestry or mining, shall make written application for consideration by the Planning Commission and Council at public hearings.
(C) Application for road approval shall comply with applicable tentative plan and final plat procedures and standards as provided in this chapter.
(Ord. 418, passed 3-12-1990; Ord. 481, passed 9-13-2004)
(A) Streets.
(1) Conformity. The arrangement, character, extent, width, grade and location of all streets shall be considered in their relation to existing and planned streets, topographical conditions, construction and maintenance costs, public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by the streets. Where not shown on an area plan, the arrangement and other design standards of streets shall conform to the provisions found herein.
(2) Relation to adjoining street systems. The arrangement of streets in new partitions and subdivisions shall make provision for the continuation of the existing or desired streets in adjoining areas.
(3) Projection of streets. Where adjoining areas are not partitioned or subdivided, the arrangement of streets in new partitions or subdivisions shall make provisions for the proper projection of streets.
(4) Streets to be carried to property lines. When a proposed partition or subdivision joins un-platted land, street rights-of-way shall be carried to the boundaries of the tract to be partitioned or subdivided.
(5) Dead-end street or cul-de-sac. Dead-end streets or cul-de-sacs, shall not be longer than 400 feet, and be provided at the closed end with a turn-around having an outside roadway diameter of at least 60 feet and a street right-of-way diameter of at least 90 feet. If a dead-end street is of a temporary nature, a turn-around may be vacated as a part of future street extension into adjoining properties.
(6) Frontage streets. Where a partition or subdivision abuts or contains an existing arterial street, the Council may require frontage streets or other such treatment as may be necessary for adequate protection of abutting properties and to afford separation of through and local traffic.
(7) Minor streets. Minor streets shall be so laid out that their use by through traffic will be discouraged.
(8) Street standards. Street standards shall not be less than those set forth hereunder.
(a) In areas designed and zoned for commercial use, street widths may be increased by the amount as may be deemed necessary by the Council to provide for the free flow of vehicles, and to provide safe parking space for the commercial or business districts.
(b) Street and related improvements shall be completed or bonded for completion prior to final plat consideration and shall be constructed under the direction of the Planning Administrator, according to the following Road Standard Table for dimensional street standards and typical cross-sections for arterial, collector, local and marginal access streets, incorporated herein from Tables 9, 9A and 9B of the Transportation System Plan.
Right-of-way Width | Surface Width | Base | Leveling Course | Overlay Material | Shoulder Width | Sidewalk Location and Width (Optional) | |||
Depth | Aggregate Size | Depth | Aggregate Size
| ||||||
Arterial streets | 60 feet | 24 | 8 inches | 1 ½ to 3 inches | 4 inches | 3/4 to 1 ½ inches | 2-inch pavement | 8 feet | 5 feet |
Collector or minor streets | 60 inches | 24 | 8 inches | 1 ½ to 3 inches | 4 inches | 3/4 to 1 ½ inches | 2-inch pavement | 6 inches | 5 inches |
Marginal access* | 30 inches* | 20 | 8 inches | 1 ½ to 3 inches | 4 inches | 3/4 to 1 ½ inches | 2 inches crunched gravel | 6 feet | None |
* Marginal access rights-of-way shall not be less than 10% of street length, and shall be provided with utility easements on each side to provide 50 feet combined utility easement and right-of-way width. Streets or roads with anticipated commercial or industrial traffic shall have a minimum base depth of 12 inches. All bridges shall have a 30-year minimum life expectancy and shall be constructed to load limit standards approved by the Council. The standards may be altered if the Council determines that more (or less) extensive standards may be desirable because topographical conditions, anticipated traffic counts, soil conditions, or continuation of existing street improvements or right-of-way widths warrant such. | |||||||||
(9) Intersections. The intersections of more than two streets at one point shall be avoided except where it is impractical to secure a proper street system otherwise. Streets shall intersect one another at an angle as near to a right angle as possible, and no streets shall intersect at an angle of less than 75 degrees. Street intersections shall be rounded with a radius of 30 feet.
(10) Reverse curve. A tangent at least 100 feet long shall be introduced between reverse curves on arterial streets.
(11) Subdivision or partition into tracts larger than ordinary building lots. Where a tract is partitioned or subdivided into larger parcels than ordinary building lots, the parcels shall be arranged so as to allow the opening of future streets and logical further partitioning or subdividing. A tentative plan identifying larger parcels than ordinary will also include shadow platting for future road right-of-way, water and sewer utility line placement and bicycle and pedestrian facilities. The shadow platted lines shall be used to identify dwelling and structure setback requirements.
(12) Reserve strips. Reserve strips controlling access to streets shall be prohibited except under conditions approved by the Council.
(13) Street crown and grades. No street grade shall be less than three-tenths of 1%, and shall not exceed the following grade standards, with due allowance for reasonable vertical curves:
Street Type | Maximum Percent Grade |
Arterial | 10 |
Collector | 15 |
Minor | 15 |
Marginal Access | 15 |
(14) Half street prohibited. Half streets shall be prohibited except where essential to the reasonable development of the partition or subdivision in conformity with the other requirements of these regulations. Where the Council finds it will be practicable to require the dedication of the other half when adjoining property is partitioned or subdivided, the right-of-way may be required as part of the initial plat.
(15) Street names and numbers. Names of new streets shall not duplicate existing or platted street names unless a new street is a continuation of, or in alignment with the existing or platted street.
(16) Access to streets across ditches. The developer shall provide access to all proposed lots or parcels, across all ditches in a standard method approved by the Council.
(17) Hardship to owners of adjoining property avoided. The street arrangement shall not be such as to cause hardship to owners of adjoining property in platting their own land and providing convenient access to it.
(18) Street intervals. In general, provisions should be made for through streets at intervals not exceeding 1,250 feet.
(19) Joint and cross access.
(a) Adjacent commercial or office properties classified as major traffic generators (i.e., shopping plazas, office parks), shall provide a cross access drive and pedestrian access to allow circulation between sites.
(b) Shared parking areas shall be permitted a reduction in required parking spaces if peak demands do not occur at the same time periods.
(20) Access connection and driveway design.
(a) Driveway width shall meet the following guidelines:
1. If the driveway is a one-way out drive, the driveway shall be a minimum width of ten feet and shall have appropriate signage designating the driveway as a one-way connection.
2. For two-way access, each lane shall have a minimum width of ten feet and a maximum of four lanes shall be allowed. Whenever more than two lanes are proposed, a median shall be considered to divide the entrance and exit lanes.
(b) Driveway approaches must be designed and located to provide an exiting vehicle with an unobstructed view. Construction of driveways along acceleration or deceleration lanes and tapers shall be avoided due to the potential for vehicular weaving conflicts.
(c) The length of driveways shall be designed in accordance with the anticipated storage length for entering and exiting vehicles to prevent vehicles from backing into the flow of traffic on the public street or causing unsafe conflicts with on-site circulation.
(21) Existing access features.
(a) Permitted driveway connections and curb cuts on a state highway in place as of adoption of the TSP that do not conform with the standards of the Transportation System Plan shall be designated as conforming features and will be reconsidered only if there is a change in use. At the time of redevelopment, the city, in coordination with ODOT and property owner(s), will evaluate the existing access for safety. If safety is compromised by the existing driveway location, or by the change in use, then priority shall be placed on providing access to property abutting a state highway from city streets, combining driveways, or providing an access point in the middle of the block.
(b) All existing local street connections to a state highway and the historical grid pattern of 200 linear feet shall not be affected by the spacing standards in the Transportation System Plan.
(22) New access features.
(a) New city street connections to a state highway within the urbanizable portion of town shall be based on the existing street grid, Local Street Plan and TSP policies.
(b) Each new urban area driveway access to a state highway will be individually reviewed by the city with local notice provided to ODOT. New urbanizable area drivesay connections to a state highway shall be at least 150 feet apart. The highest priority shall be placed on providing access to property abutting a state highway from city streets, combining driveways, or providing an access point in the middle of the block.
(23) Shared access. Proposed subdivisions with frontage on a state highway system shall be designed to share access points from the highway. If access from a city street is possible, the access should not be allowed onto a state highway. If access from a city street becomes available, then conversion to that access is encouraged, along with closing the state highway access. Normally, a maximum of two accesses shall be allowed regardless of the number of lots or businesses served.
(24) Connectivity.
(a) The street system of a proposed subdivision shall be designed to coordinate with existing, proposed, and planned streets outside of the subdivision as provided in this section.
(b) Wherever a proposed development abuts unplatted land or a future development phase of the same development, street stubs shall be dedicated to provide access to abutting properties or to logically extend the street system into the surrounding area. All street stubs shall be dedicated with a temporary turn-around unless specifically exempted by the city, and the restoration and extension of the street shall be the responsibility of any future developer of the existing land.
(c) Minor collector and local residential streets shall connect with surrounding streets to permit the convenient movement of traffic between residential neighborhoods or facilitate emergency access and evacuation. Connections shall be designed to avoid or minimize through traffic on local streets. Appropriate design and traffic control such as four-way stops and traffic calming measures are the preferred means of discouraging through traffic.
(B) Alleys.
(1) Commercial and industrial districts. Alleys may be required in commercial and industrial districts, except that the Council may waive this requirement where other definite and assured provision is made for service access, such as off-street loading, or unloading and parking consistent with and adequate for the uses proposed.
(2) Width. The right-of-way width of an alley shall be that width determined necessary by the Council.
(3) Dead-end. Dead-end alleys shall not be permitted, except that the Council may waive this requirement where the dead-end alley is unavoidable, and where adequate turn-around facilities have been provided and signed for no parking.
(C) Easements.
(1) Provided for utilities. Easements with a right-of-way width sufficient for utility maintenance may be required by the Council where necessary for utilities.
(2) Providing for drainage. Where a subdivision or partition is traversed by a water course, drainage way, channel or stream, there shall be provided storm water or drainage easement conforming substantially with the lines of the water course, and the further width of construction, or both, as will be adequate for the purpose.
(D) Blocks.
(1) Factors governing dimensions. Block length and width or acreage within bounding roads shall be such as to accommodate the size of parcel or lot required in the area by Chapter 155, and to provide for convenient access, circulation control and street traffic safety.
(2) Lengths. Block lengths shall not exceed 1,250 feet, or be less than 200 feet.
(3) Arrangement. A block shall generally be so designed as to provide two rows of lots.
(4) Crosswalks. In blocks over 800 feet long, pedestrian crosswalks may be required by the Council in locations, and of a design and dimension determined desirable for public health, convenience and necessity.
(E) Lots and parcels.
(1) Dimensions. Lots or parcels shall not be less than the dimension and area requirements of Chapter 155.
(2) Lot depth. Lots may be required by the Council to have a depth of at least 200 feet if abutting land is utilized or suitable for agricultural purposes.
(3) Side lot lines. Side lot lines shall be substantially at right angles to front and rear lot lines.
(4) Corner lots. Corner lots for residential uses shall have extra width to permit appropriate building setback from and orientation to both streets, as required by Chapter 155. Lots abutting on a pedestrian walkway shall be treated as corner lots.
(5) Uninhabitable lots. Lots or parcels subject to flooding and lots deemed by the Council to be undesirable for habituation shall not be plotted for residential occupancy, nor for the other uses as may increase danger to health, life or property or aggravate the flood hazard. The land within a plat shall be combined with lots suitable for development, or shall be set aside for the uses as will not be endangered by periodic or occasional inundation or will not produce unsatisfactory living conditions.
(6) Lot remnants. All remnants of lots below minimum size left over after partition or subdivision of a larger tract must be added to adjacent lots, rather than be allowed to remain as buildable parcels.
(F) Water distribution system.
(1) Prior to considering final approval of a partition or subdivision, each parcel or lot shall be required to be provided with a water supply which meets standards of the state.
(2) Fire protection system. Fire hydrants shall be required in all subdivisions. The location and design shall be approved by the Council prior to installation.
(G) Sewage disposal system.
(1) Prior to final approval of a partition or subdivision, each parcel or lot shall be approved for sewage disposal or have sewerage service available.
(2) Plans and specifications for providing sewage disposal to each lot or parcel shall meet state and local requirements.
(H) Storm water runoff and flood control. Prior to considering final approval of a partition or subdivision, the developer shall make drainage improvements as needed to accommodate storm water runoff and minimize the potential for flood damage.
(I) Park or recreation areas. In subdivisions of ten acres or more, and where lots average less than 10,000 square feet, the Council may require the developer to provide up to 5% of the total for park or recreation purposes. These areas shall be of a design and location determined by the Council to be suitable for the purposes.
(J) Sidewalk and bicycle trail improvements. Curbs and sidewalk improvements may be required by the Commission and Council to be provided of the design and location consistent with the Transportation System Plan. These improvements may be considered by the Council to meet park or recreation area requirements.
(K) Monuments. Monuments shall be placed in all locations as required by O.R.S. Chapter 92. Any monument which might be disturbed during construction shall be properly replaced when the construction has been completed.
(L) Building sites. The following standards shall apply to building sites and the access thereto.
(1) Size and shape. The size, width, shape and orientation of building sites shall be appropriate for the location of the land division and for the type of development and use contemplated, and shall be consistent with the residential lot size provisions of the zoning ordinance with the following exceptions:
(a) In areas that will not be served by a public sewer, minimum lot and parcel sizes shall permit compliance with requirements of the Department of Environmental Quality and shall take into consideration problems of sewage disposal, particularly problems of soil structure and water table as related to sewage disposal by septic tank; and
(b) Where property is zoned and planned for commercial or industrial use, other widths and areas may be permitted at the discretion of the Council. Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated.
(2) Cuts and fills. Shaping of building sites shall conform to the following standards unless physical conditions demonstrate the propriety of other standards:
(a) Cut slopes shall not exceed one and one-half feet horizontally to one foot vertically;
(b) Fill slopes shall not exceed two feet horizontally to one foot vertically; and
(c) The character of soil for fill and the characteristics of lots and parcels made usable by fill shall be suitable for the purpose intended.
(M) Street signs. Street name signs shall be installed at all street intersections. The location and design shall be approved by the Council prior to installation.
(N) Street lights and utility services. Street lights and utility services shall be installed according to location and design approved by the Council. Utilities shall be served from an underground source wherever practical.
(Ord. 418, passed 3-12-1990; Ord. 481, passed 9-13-2004)
(A) Improvements in partitions. The same improvements shall be installed to serve each building site if a partition is required of a subdivision.
(B) Improvement procedures. In addition to other requirements, improvements installed by a developer either as a requirement of these regulations or at his or her own options shall conform to the requirements of this chapter and improvement standards or specifications adopted by the city and shall be installed in accordance with the following procedure:
(1) Improvement work shall not be commenced until plans have been checked for adequacy and approved by the city. To the extent necessary for evaluation of the proposal, the plans may be required as part of approval of subdivision tentative plan approval;
(2) Improvements shall be constructed under the inspection and to the satisfaction of the Council. The city may require changes in typical sections and details if unusual conditions arise during construction to warrant the change;
(3) Underground utilities, sanitary sewers and storm drains installed in streets shall be constructed prior to the surfacing of the streets. Stubs for service connections for underground utilities and sanitary sewers shall be placed to a length minimizing the necessity for disturbing street improvements when service connections are made; and
(4) A map showing public improvements as built shall be filed with the city upon completion of the improvements.
(C) Cost allocation for improvements. All improvements shall be installed at the expense of the developer. If water, sewer, storm water or drainage, street or other improvements are required to be larger than necessary to serve the development in order to provide service to abutting areas, if financially feasible, the city may agree to pay the cost of additional materials required.
(D) Performance agreement. If all improvements required by the Planning Commission in this chapter are not completed according to specifications prior to the time the final plat is duly submitted for consideration and approval, the Council may accept, in lieu of completion of improvements, a performance agreement and one of the following:
(1) Financial surety.
(a) A bond executed by the developer and his or her surety company including the city as a third party for bond release purposes, conditioned upon faithful performance and completion of all such improvements within a period of time stated in the performance agreement and approved by the Council;
(b) An agreement, duly signed and executed by the developer, assigning his or her account in a legal savings institution in the State of Oregon to the City of Union; and
(c) A cash deposit with the City of Union guaranteeing completion of the improvements.
(2) The performance agreement shall contain the following procedures and provisions relating to completion of the improvements.
(a) The developer’s engineer shall prepare cost estimates on completion of roads and utilities. Road cost estimates shall be based upon road standards as designated in this chapter. Sewer and water system improvement estimates shall be based upon designs approved by the city or state. All cost estimates shall be stamped or sealed by the engineer who prepared them.
(b) Estimates shall be submitted to the Council and shall be limited to a maximum of one year for completion of improvements. If the improvements are not completed within the specified time, the city may complete the work and recover the full costs and expenses thereof from the developer. The agreement may provide for the construction of the improvements in units and for an extension of time under specified conditions. Minimum units prior to occupancy will be the completion of one block of frontage.
(c) The Council may send cost estimates for review, as they deem necessary.
(d) The bond or cash deposit shall be 25% greater than the estimated cost of construction of the improvements. The Council shall notify the developer as to the amount of the bond or cash deposit and other performance agreement requirements as to any changes necessary for bond acceptance. The performance agreement shall determine the completion required of utility improvements before residents may occupy the development.
(e) The developer shall submit the bond, cash deposit or savings account information and the performance agreement to the City Recorder.
(f) Release of the bond, or release of a portion of the cash deposit or the savings account, may be made by Council action and in response to a written request for the release upon determination that improvements have been completed in accordance with the performance agreement.
(Ord. 418, passed 3-12-1990; Ord. 481, passed 9-13-2004)
Modifications of the partition and subdivision dimension standards can, upon application to the Commission, be approved to alleviate hardships, providing all of the following conditions can be found to exist:
(A) Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and as a result from tract property size or shape, topography or other circumstances over which the property owner(s) has had no control since enactment of this chapter;
(B) The modification will be in accord with the purpose of this chapter;
(C) The interests of the public will be preserved, and the action(s) will not set a trend; and
(D) The modification will be the minimum needed to alleviate the hardship and will not result in an undesirable change in area land values or property uses, or be otherwise injurious to other property in the area.
(1) In approving a modification, the Council may require the conditions as determined desirable to insure that the purposes of this chapter will be carried out, and that the modification(s) will be compatible with surrounding area development.
(2) The Council shall deny application for modification(s) if all of the conditions above are not found to exist.
(Ord. 418, passed 3-12-1990; Ord. 481, passed 9-13-2004)
(A) Authorization to initiate amendments. An amendment to the text of this chapter may be initiated by the city or by application of a property owner or his or her authorized agent.
(B) Application and fee. An amendment application by a property owner or his or her authorized agent shall be filed with the Planning Administrator. The application shall be accompanied by a fee as provided for by the Council.
(C) Amendment public hearing.
(1) Notice of time and place of the public hearing before the Commission and the purpose of the proposed amendment shall be given by the city as provided in O.R.S. 197.610 and 92.048 wherein it is indicated:
(a) A proposal to amend this chapter shall be submitted to the Oregon Department of Land Conservation and Development Director at least 45 days before the final Council hearing on adoption. The submitted proposal shall contain four copies of the text and any supplemental information and the date for the first evidentiary hearing on adoption. The Commission shall provide notice at least ten days prior to the hearing in a newspaper of general circulation published in the area in which land to be subject to the ordinance or regulation is situated. The notice shall contain the time, place and purpose of the hearing and a description of the land to be subject to the ordinance or regulation.
(2) Recess of hearing. The Commission may recess a hearing in order to obtain additional information. Upon recessing for this purpose, they shall announce the time and date when the hearing will be resumed.
(3) Within 30 days after the Commission’s action they shall submit their recommendations to the Council. The Council shall schedule a public evidentiary hearing on the amendment, following the hearing procedures described above.
(D) Record of amendment. The City Recorder shall maintain a record of amendments to the text of this chapter in a form convenient for the use of the public.
(Ord. 418, passed 3-12-1990; Ord. 481, passed 9-13-2004)
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