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TDC Chapter 36: Subdividing, Partitioning and Property Line Adjustments

Sections:
36.010 Title.
36.020 Authority and Purpose.
36.030 Jurisdiction.
36.040 Enforcement and Penalties.
36.050 Interpretation, Conflict and Rules of Construction.
36.060 Variances, Minor Variances and Exceptions.
36.070 Land Divisions and Property Line Adjustments.
36.080 Approval of Streets and Ways.
36.090 Issuance of Building Permits.

PROCEDURE FOR SUBDIVIDING

36.110 Approval Required.
36.120 Applications and Filing Fee.
36.130 Phasing.
36.140 Review Process.
36.160 Subdivision Plan Approval.
36.161 Requests for Review of Subdivision and Partition Decision.
36.162 Modifications to Subdivision Plan Approval.
36.170 Subdivision Plat.
36.172 Information on Subdivision Plat.
36.174 Agreement for Public Improvements.
36.176 Approval of the Subdivision Plat by the City.
36.178 Recording of Subdivision Plat.

PROCEDURE FOR PARTITIONING

36.210 Approval Required.
36.220 Applications and Filing Fee.
36.230 Review Process.
36.240 Final Decision.
36.242 Modifications to Final Decision.
36.250 Requests for Review.
36.270 Partition Plat.
36.272 Information on Partition Plat.
36.274 Approval of Partition Plat by City.
36.276 Recording of Partition Plat.

PROCEDURE FOR PROPERTY LINE ADJUSTMENT

36.310 Approval Required.
36.320 Applications and Filing Fee.
36.330 Review Process.
36.340 Decision.
36.350 Requests for Review.
36.360 Survey Map.
36.370 Final Approval.
36.380 Recording of Survey Map by County Surveyor.

LOT REQUIREMENTS

36.410 Double Frontage and Reverse Frontage.
36.420 Existing Structures and Appurtenances.
36.430 Large Lots.
36.440 Monuments.
36.450 Side Lot Lines.
36.460 Size and Shape.
36.470 Frontage on Public Streets.

 

Section 36.010 Title.

This Chapter may be cited as the "Land Division Chapter" of the Tualatin Development Code. [Ord. 590-83 §1, 4/11/83; Ord. 1009-98 §9, 11/9/96]

Section 36.020 Authority and Purpose.

(1) This Chapter is adopted pursuant to the authority delegated to the City of Tualatin under the Oregon Constitution Article XI, Section 2; ORS Chapters 92 and 197; and the City of Tualatin Charter of 1967, as amended.

(2) The purpose of this chapter is to protect the public health, safety and general welfare while allowing for efficient development of property and to implement the requirements of the Tualatin Development Code, City Ordinances and other applicable regulations.

(3) The provisions in this Chapter shall be administered to ensure orderly growth and development and shall implement and facilitate the provisions in the Tualatin Community Plan, Tualatin Community Map and capital improvement plans.  [Ord. 590-83 §1, 4/11/83; Ord. 954-95 §1, 12/11/95]

Section 36.030 Jurisdiction.

(1) The provisions in this Chapter shall be applicable throughout the City.

(2) Except as otherwise provided in this section, subdivision and partition applications which have received approval from the City, and subdivision and partition applications submitted prior to the effective date of this Chapter, for which a complete application together with applicable fees has been received, shall not be subject to the requirements of this Chapter, but shall comply with the requirements of the Subdivision Ordinance, Ordinance Number 176-70, as amended.  All applications submitted on or after the date this Chapter becomes effective shall be subject to the provisions of this Chapter. Requests for extensions, replats and modifications of the subdivision or partition plan approval, or property line adjustment applications, which are received by the City after the effective date of this Chapter shall be subject to the requirements of this Chapter.

(3) Unless otherwise specified the requirements of this Chapter shall apply to subdivisions, partitions and property line adjustments. [Ord. 590-83 §1, 4/11/83]

Section 36.040 Enforcement and Penalties.

(1) The City Engineer shall be responsible for enforcement of the provisions of this Chapter.

(2) A violation of any of the provisions of this Chapter, or offering to sell, contracting to sell or selling land or an interest in land, contrary to the provisions of this Chapter, or contrary to the subdivision or partition plat, or the survey map of the property line adjustment, is unlawful and a civil infraction. [Ord. 590-83 §1, 4/11/83]

Section 36.050  Interpretation, Conflict and Rules of Construction.

(1) The provisions of this Chapter shall be interpreted and applied as the minimum requirements.  Requests for interpretations of the provisions of this Chapter shall be as set forth in TDC 31.070.

(2) Where the conditions imposed by or under any provisions of this Chapter appear to conflict with conditions imposed by any other provisions of this Chapter or of any other applicable law, ordinance, resolution, rule or regulation of any kind, the method or condition which imposes the more restrictive or higher standard or requirement shall be construed as governing.

(3) Unless this Chapter indicates otherwise the principles of statutory construction contained in https://www.oregonlegislature.gov/bills_laws/lawsstatutes/2011ors174.htmlORS 174.040 (severability), 174.100 (definitions), 174.110 (singular or plural number, masculine, feminine or neuter gender), and 174.120 (computation of time) are adopted and incorporated by this reference. [Ord. 590-83 §1; 4/11/83.]

Section 36.060 Variances, Minor Variances  and Exceptions.

(1) When necessary, variances and mi-nor variances to the requirements set forth in this Chapter shall be in accordance with TDC Chapter 33.

(2) For subdivisions and partitions, the variance or minor variance shall be considered as part of the subdivision or partition approval process. Variances in conjunction with a subdivision or partition shall be decided by the City Council. Minor variances in conjunction with a subdivision or partition shall be decided by the City Engineer.

(3) For property line adjustments the variance shall be considered and decided at any time prior to the decision being issued and the minor variance shall be considered and decided as part of the City Engineer’ s decision for the property line adjustment. [Ord. 590-83 §1, 4/11/83; Ord. 1009-98 §10, 11/9/98; Ord. 1096-02 §16, 1/28/02]

Section 36.070 Land Divisions and Property Line Adjustments.

(1) All land divisions shall be created by a subdivision or partition plat and must comply with ORS Chapter 92 and this Chapter.

(2) All property line adjustments shall be executed by deed and must comply with ORS Chapter 92 and this Chapter.

(3) No subsequent land division or property line adjustment shall be approved on the same lot or parcel until the previously approved land division or property line adjustment has been filed and recorded in accordance with the provisions of this Chapter, or the previous approval is withdrawn, modified or otherwise invalidated. [Ord. 590-83 §1, 4/11/83.]

Section 36.080 Approval of Streets and Ways.

(1) The subdivision or partition plat shall provide for the dedication of all public rights-of-way, reserve strips, easements, tracts and accessways, together with public improvements therein approved and accepted for public use.

(a) The applicant shall comply with the requirements of TDC Chapter 74, Public Improvement Requirements.

(b) The applicant shall comply with the design and construction standards set forth in the Public Works Construction Code.

(c) The applicant shall provide evidence to the City that property intended to be dedicated to the public is free of all liens, encumbrances, claims and encroachments.

(2) The subdivision or partition plat shall indicate the ownership and location of private easements and tracts, and the owner-ship and location of private improvements within public rights-of-way and easements.

(3)  Approval of the subdivision or partition plat by the City shall constitute acceptance of all public rights-of-way, reserve strips, easements, tracts and accessways shown thereon, as well as public facilities located therein. [Ord. 590-83 §1, 4/11/83]

Section 36.090 Issuance of Building Permits.

(1) Except as provided in subsection (5) of this section no building permit or permits to connect to City utility services shall be is-sued for lots within a subdivision or partition plat until the City Engineer has determined that the corresponding public improvements are substantially complete to assure that the health and safety of the citizens will not be endangered from inadequate public facilities.

(2) Subject to submittal and approval of, and compliance with, the subdivision plan, as well as sufficient security to assure completion of the public portions of the subdivision, the applicant or individual lot owners within the subdivision may receive a building permit or utility service for not more than 50 percent of the platted lots within the subdivision prior to:

(a) the completion of all required public improvements in accordance with the Public Works Construction Code; and

(b) the acceptance of the public improvements by resolution of the City Council.

(3) No building permits shall be issued or utility service approved for any lot which together with previously approved lots would exceed 50 percent of the platted lots within the subdivision until:

(a) all required public improvements have been completed in accordance with the Public Works Construction Code; and

(b) the public improvements have been accepted by resolution of the City Council.

(4) City approval for use of a public improvement prior to the final approval and acceptance by the City of the subdivision plat shall not be construed as a release or waiver of any security which has been filed to assure compliance with the subdivision plan approval or any related agreements.

(5) For a subdivision or partition in commercial, institutional, or manufacturing planning districts or multi-family residential developments which require Architectural Review approval, the City Engineer may authorize building permits to be issued prior to the public improvements being substantially complete provided the following conditions are satisfied:

(a) A Public Works Permit for the public improvements has been issued;

(b) An Architectural Review for the development has been approved;

(c) The subdivision or partition plat is recorded;

(d) All easements and dedications required of any development approval have been recorded; and

(e) Such building permits are conditioned to deny occupancy until the public improvements in the subdivision are complete and are accepted by resolution of the City Council. [Ord. 590-83 §1, 4/11/83. by Ord. 1016-99 §1, 4/12/99; Ord. 1216-06, 7/24/06]

PROCEDURE FOR SUBDIVIDING

 

Section 36.110 Approval Required.

(1) No land may be subdivided or replatted except in accordance with this Chapter and if a variance or minor variance is requested to the dimensional standards of the lots, or the minimum lot size, in accordance with the approval criteria in TDC Chapter 33.

(2) The procedure for review and action on subdivision applications, and requested variances and minor variances, is intended to provide orderly and expeditious processing of such applications and to require conditions of development approval to protect the health and safety of the citizens. [Ord. 590-83 §1, 04/11/83; Ord. 1009-98 §11, 11/9/98; Ord. 1096-02 §17, 01/28/02]

Section 36.120 Applications and Filing Fee.

(1) A request for a Subdivision shall be subject to a Neighborhood/Developer Meeting pursuant to TDC 31.063.

(2) The applicant shall discuss the preliminary plans with the City Engineer in a pre-application conference prior to submitting an application. An applicant for a subdivision shall conduct a Neighborhood/Developer Meeting subject to TDC 31.063. Following the pre-application conference and the Neighborhood/Developer Meeting, the applicant shall prepare and submit a City of Tualatin development application, available from the City Engineer.

(3) The application shall contain:

(a) the proposed plat name, approved by the County Surveyor;

(b) the names, addresses and telephone numbers of the property owners and applicants, and when applicable, the name and address of the design engineer or surveyor;

(c) the signatures of the property owners and applicants; and

(d) the site location by address and current County Tax Assessor's map and tax lot numbers.

(e) A description of the manner in which the proposed division complies with each of the expedited criterion for an Expedited Subdivision Application.

(f) If a variance or minor variance is requested to the dimensional standards of the lots, or the minimum lot size, adequate information to show compliance with the approval criteria in TDC Chapter 33.

(g) A "Service Provider Letter" from Clean Water Services indicating that a "Stormwater Connection Permit" will likely be issued.

(h) The information on the Neighborhood/Developer Meeting specified in TDC 31.063(10).

(i) If a railroad-highway grade crossing provides or will provide the only access to the subject property, the applicant must indicate that fact in the application, and the City must notify the ODOT Rail Division and the railroad company that the application has been received.

(4) The subdivision application shall be submitted to the City Engineer, along with:

(a) the subdivision plan;

(b) preliminary utility plans for streets, water, sanitary sewer and storm drainage;

(c) a black and white 8&1/2" x 11" site plan suitable for reproduction;

(d) a completed City fact sheet;

(e) a Clean Water Services Service Provider letter; and

(f) other supplementary material as may be required, such as:

(i) deed restrictions; or

(ii) for all non-buildable areas or tracts to be dedicated or reserved for public use, a statement of ownership, use, covenants, conditions, limitations and responsibility for maintenance.

(5) The following general information shall be shown on the subdivision plan:

(a) appropriate identification clearly stating the map is a subdivision plan;

(b) proposed plat name, approved by the County Surveyor;

(c) the names, addresses and telephone numbers of the property owners and applicants, and when applicable, the name and address of the design engineer or surveyor;

(d) the date the plan was prepared;

(e) north arrow;

(f) scale of drawing;

(g) location of the subdivision by 1/4 Section, Township and Range;

(h) existing streets (public and private), including location, name, centerline, right-of-way and pavement width on and abutting the site, and the location of existing and proposed access points;

(i) proposed streets (public and private), including location, centerline, right-of-way and pavement width, approximate radius of curves and approximate grades of proposed streets on the subject property and within three hundred feet of the site;

(j) an outline plan demonstrating that the adjacent property can be divided in the future in a manner that is consistent with the subdivision plan, and illustrating the connections to transit routes, pedestrian and bike facilities, and accessways to adjacent properties;

(k) easements, including location, width and purpose of all recorded and pro-posed easements in or abutting the site;

(l) public utilities, including the approximate location, size and grade of all existing and proposed sanitary sewers, the approximate location, size and grade of on-site and off-site storm drainage lines, and the approximate location and size of water lines;

(m) flood areas, including the location of any flood plain, drainage hazard areas and other areas subject to flooding or ponding;

(n) natural resources, including the location of natural features, such as rock outcroppings, wetlands, water courses, creeks, wooded areas and trees having a trunk diameter of eight inches or greater, as measured at a point four feet above ground level, proposed to be removed and to be retained on site;

(o) approximate lot dimensions, including all existing property lines and their lengths and the approximate location and dimensions of all proposed lots;

(p) approximate area of each lot;

(q) proposed lot numbers;

(r) existing structures, including the location and present use of all structures, wells and septic tanks on the site and an indication of which structures, wells and septic tanks are to remain after platting; indicate all City-designated historic landmarks;

(s) all lots and tracts of land intended to be dedicated or reserved for public use;

(t) a vicinity map showing a minimum one- mile radius;

(u) contour lines with intervals at a minimum of two feet for slopes up to five percent and five feet for slopes over five percent; and

(v) other information required by the City Engineer.

(6) The subdivision application shall be accompanied by a nonrefundable fee as established by City Council resolution. The subdivision application shall not be accepted until the fee has been paid to the City. This fee does not apply towards any building permit or other fees that may later be required.

(7) The applicant shall submit, along with the subdivision application:

(a) A list of mailing recipients pursuant to TDC .31.064(1).

(b) Proof of sign posting pursuant to TDC 31.064(2).

(8) Unless otherwise specified in the subdivision application, or approval, or in express direction from the City Engineer, any material submitted by the applicant with a subdivision application which exceeds the TDC requirements shall be considered a part of the subdivision plan approval.

(9) The applicant has the burden of demonstrating compliance with the applicable development regulations.

(10) The applicable time period for action on the subdivision application shall not commence until the City Engineer has determined that the application is complete.

(a) If the City Engineer fails to make such determination of completeness within 30 days of the date of its submission, or re-submission, the subdivision application shall be deemed complete upon the expiration of the 30-day period for purposes of commencing the applicable time period, unless:

(i) the application lacks information required to be submitted; or

(ii) the required fees have not been submitted; or

(iii) the City Engineer has notified the applicant in writing of the deficiencies in the application within 30 days of submission of the subdivision application.

(b) The City Engineer may subsequently require correction of any information found to be in error or submission of additional information not specified in this Chapter, as the City Engineer deems necessary to make an informed decision.

(11) The City Engineer shall prepare the standard form of Development Application for subdivision plans, including provisions which will best accomplish the intent of this section. [Ord. 590-83 §1,  4/11/83; Ord. 931-94 §3, 9/12/94; Ord. 933-94 §12, 11/28/94; Ord. 954-95 §2, 12/11/95; Ord. 1009-98 §12, 11/9/98; Ord. 1070-01 §6, 4/9/01; Ord. 1096-02 §18, 1/28/02; Ord. 1157-04, 3/8/04; Ord. 1149-03, 10/13/03; Ord. 1096-02, 1/28/02; Ord. 1070-01,  4/9/01; Ord. 1304-10 §19, 4/14/10]

Section 36.130 Phasing.

(1) Subject to the approval by the City pursuant to this section, an applicant may create a subdivision plat or construct the public improvements for a subdivision plat in phases. If the applicant intends to utilize this phasing option the applicant shall submit a phasing plan to the City Engineer for approval with the subdivision application and plan. The City Engineer shall determine the timing of the completion of the public improvements and the conditions of development.

(2) The applicant shall construct all public improvements in each phase.

(a) Prior to issuance of building permits in a particular phase, the public improvements necessary to provide adequate public facilities for the particular phase shall be substantially complete.

(b) When the City Engineer has determined the public improvements in the particular phase are substantially complete and prior to acceptance of the improvements by the City, the City may is-sue 50 percent of the building permits prior to acceptance of the improvements by the City as set forth in TDC 36.174.

(c) The public improvements shall first be accepted by resolution of the City Council before building permits exceeding 50 percent may be issued in a particular phase.

(d) Public improvements may be submitted for City acceptance by phase.

(3) The subdivision plan approval for the first phase shall expire 24 months from the date of subdivision plan approval by the City Engineer. Future phases shall expire 24 months after the date of recording of the subdivision plat of the immediately preceding phase. [Ord. 590-83 §1, 4/11/83; Ord. 1009-98 §13, 11/9/98; Ord. 1058-00 §1, 9/25/00; Ord. 1096-02 §19, 1/28/02]

Section 36.140 Review Process.

(1) Review of subdivision applications shall be a limited land use decision process. Before approval may be granted on a subdivision application, the City Engineer shall first establish that the subdivision proposal conforms to the Tualatin Development Code and applicable City ordinances and regulations, and requested variances or minor variances to the dimensional standards of lots or the minimum lot size, conform with the approval criteria in the TDC Chapter 33. Failure of the proposal to conform is sufficient reason to deny the application.

(2) After the subdivision application is deemed complete, the City Engineer shall provide written notice of the application to and invite comments from:

(a) potentially affected governmental agencies such as the school district in which the subdivision is located, the fire district, the Oregon Department of Transportation, Tri-Met, Clean Water Services and Washington or Clackamas County;

(b) utility companies;

(c) City departments; and

(d) recipients pursuant to TDC 31.064(1).

(3) The notice sent in TDC 36.140(2) shall:

(a) state that written comments shall be submitted within 14 calendar days of the mailing date of the notice in order to be considered as a basis for a request for review;

(b) state that issues which may provide the basis for a request for review to the City Council and Land Use Board of Appeals shall be raised in writing prior to the expiration of the comment period.  Issues shall be raised with sufficient clarity and detail to enable the decision maker to respond to the issue and state how a person may be adversely affected by the proposal;

(c) list the applicable criteria by code section for the decision;

(d) include the street address or other easily understood geographical reference to the subject property;

(e) state the place, date and time that comments are due, and that comments are due no later than 5:00 pm on the fourteenth calendar day after notice was sent;

(f) state that copies of all evidence relied upon by the applicant are available for review, and can be obtained at cost;

(g) state of the local government contact person and telephone number; and

(h) briefly summarize the local decision-making process for the limited land use decision being made.

(4) Failure of a person or agency to receive the notice required in TDC 36.140(2) shall not invalidate any proceeding in connection with the application, provided the City can demonstrate by affidavit that notice was given in accordance with this section.

(5) Comments must be received by the City Engineer within 14 calendar days of the date the notice was mailed.  Signed comments shall be in writing.  Comments must raise issues with sufficient detail and clarity to enable the decision-maker to respond to the issue.  Requests for review may be made only by parties who submitted written comments and may be adversely affected by the decision within the 14 calendar-day period.

(6) Prior to making a decision, the City Engineer may conduct one or more review meetings with the applicant, governmental agencies, utility companies and any other interested parties.

(7) The approval of a subdivision application shall not automatically grant other approvals that may be required by the Development Code or City ordinances. However, a decision on a requested minor variance to the dimensional standards of lots or the minimum lot size, shall be included in the subdivision decision.

(8) Approval or denial of a subdivision shall be based upon and accompanied by a brief statement that

(a) explains the criteria and standards considered relevant to the decision;

(b) states the facts relied upon in making the decision; and

(c) explains the justification for the decision based on the criteria, standards and facts set forth.

(9) Notice of the decision shall be provided to the applicant, property owner, and any person who submitted written comments within the 14 calendar-day comment period.  Notice of the decision shall include a description of rights to request a review of the decision.

(10) When the City Engineer determines that a complete application for a proposed development raises a substantial question over Code requirements, size, location or complexity and is likely to raise concern from a substantial portion of nearby property owners or residents, the City Engineer may request that the City Council review the subdivision without first reaching a decision.  The City Council shall hold a hearing in accordance with TDC 31.077.  This applies to all subdivisions except for expedited subdivisions which shall not be the subject of a public hearing.  The City Engineer shall prepare a report for presentation to the City Council, which may include recommendations on the subdivision application and requested minor variances. [Ord. 590-83 §1, 4/11/83; Ord. 1009-98 §14, 11/9/98; Ord. 1096-02 §20, 01/28/02; Ord. 1304-10 §20, 5/14/10]

Section 36.160 Subdivision Plan Approval.

(1) A subdivision or expedited subdivision application shall not be approved unless the City Engineer first finds that adequate public improvements are, or will be, made available to serve the proposed subdivision.

(2) The City Engineer may approve, approve with conditions, or deny the application based upon demonstrated compliance with applicable City regulations.  The City Engineer's decision shall be supported by written findings and reasons for the decision.  Findings and reasons may consist of references to the applicable Tualatin Development Code (TDC) or Tualatin Municipal Code (TMC), provisions or special studies. The decision shall also include an explanation of the rights of each party to request a review of the decision.

(3) One copy of the subdivision plan and decision shall be filed with both the City Recorder and the City Engineer.

(4) The decision of the City Engineer on a subdivision shall become final 14 calendar days after the date the notice of the decision is given, unless the applicant submits a written request for review.

(5) The approval for the subdivision shall expire 2 years from the date the decision is issued unless the applicant requests an extension and the City Engineer approves it pursuant to Subsection (6).

(6) Before approving an extension of a subdivision approval, the City Engineer shall find the request meets these criteria:

(a) There have been no significant changes in any conditions, ordinances, regulations, or other standards of the City or applicable agencies that affect the previously approved subdivision so as to warrant its resubmittal; and

(b) If the applicant neglected site maintenance and allowed the site to become blighted, the City Engineer shall facto this into the decision; and

(c) The City Engineer shall grant no more than a single one-year extension.

(7) A subdivision plan approval may include restrictions and conditions.  These restrictions and conditions shall be reasonably conceived to:

(a) protect the public from the potentially deleterious effects of the proposal;

(b) fulfill the need for public facilities and services created by the proposal, or increased or in part attributable to the impacts of the proposal; or

(c) further the implementation of the requirements of the TDC. [Ord. 590-83 §1, 4/11/83; Ord. 933-94 §13 and 14, 11/28/94; Ord. 954-95 §4, 12/11/95; Ord. 1009-98 §16, 11/9/98; Ord. 1026-99 §17, 8/9/99. Ord. 1058-00 §2, 9/25/00; Ord. 1096-02 §22, 01/28/02; Ord. 1272-08 §2, 11/10/08; Ord. 1333-11 §3, 9/12/11]

Section 36.161 Requests for Review of Subdivision and Partition Decision.

(1) A request for review shall be on a City form. The completed form at a minimum shall consist of the following:

(a) the description of the subject property or the proposed name of the project;

(b) the date on which the request for review is received by the City Engineer;

(c) a statement that the form shall be signed and submitted in writing;

(d) a statement of the issues on which the request for review is based;

(e) a statement that the City Engineer may request additional information for administrative purposes; and

(f) a place to indicate how a person is adversely affected by the decision and how the decision is allegedly not in conformance with applicable code requirements.

(2) Upon receipt of a request for review, the City Engineer shall indicate the date of receipt, schedule a City Council hearing and give notice of the hearing in accordance with TDC 31.077. A request for review shall be accompanied by a fee as established by City Council resolution.  The request shall be received in writing at the City offices by 5:00 pm on the fourteenth calendar day after the notice of decision was sent.

(3) The Council shall conduct a de novo hearing in accordance with the quasi-judicial evidentiary hearing procedures set forth in TDC 31.077. The review conducted by the Council shall be limited to the issues raised during the 14 calendar-day comment period.  Notice of the final decision of the City Council may be provided to any person, but shall be mailed by first class mail to:

(a) the applicant and owner of the subject property;

(b) the appellant;

(c) all other persons who submitted comments on the application and who may be adversely affected by the decision.[Ord. 1096-02 §23, 01/28/02]

Section 36.162 Modifications to Subdivision Plan Approval.

(1) After the City Engineer has approved, or conditionally approved, the subdivision or expedited subdivision plan, but before the subdivision plat has been approved, any proposed modifications to the subdivision plan shall be submitted to the City Engineer for approval.  The City Engineer shall determine if the proposed modifications are material or immaterial in nature.

(2) Immaterial modifications to a subdivision plan approval are changes which do not result in noncompliance with subdivision approval criteria, and include:

(a) lot dimension changes;

(b) street location changes;

(c) lot pattern changes.

(3) Immaterial modifications shall meet the following standards:

(a) Accessways to adjacent streets or properties shall not be relocated more than 25 feet from the location approved on the subdivision plan. In addition, accessways shall not be relocated to a different adjacent property.

(i) Stub streets shall not be changed to non-through streets.

(ii) Cul-de-sacs shall not be changed to stub streets.

(iii) Density decreases shall not exceed a 20 percent reduction in the total number of approved lots or dwelling units. For an Expedited Subdivision Application, the density shall not be decreased to a density that would violate the density criterion for the Expedited Subdivision Application process.

(iv) The proposed modification shall not result in a change or deletion of a condition of approval of the subdivision plan approval.  Changes to the conditions of approval shall be processed as set forth in TDC 36.162(4) and (5).

(4) If the proposed modifications are found to be immaterial and the subdivision plan as modified meets the conditions of the earlier subdivision plan approval, the requirements of the TDC and other applicable regulations, the City Engineer shall approve in writing the proposed modifications with or without conditions.

(5) A proposed material modification, or a modification which results in a subdivision plan that no longer meets the conditions of the subdivision plan approval or the requirements of the TDC and other applicable regulations, shall require a new application in accordance with TDC 36.120. The application shall follow the limited land use process as described in TDC 36.140. An Expedited Subdivision Application shall be submitted to the City Engineer for a decision.

(6) The nonrefundable fee for modification of the subdivision plan approval, as established by resolution of the City Council, shall be submitted with the request for modification.  [Ord. 590-83 §1, 4/11/83; Ord. 954-95 §5, 12/11/95; Ord. 1009-98 §17, 11/9/98; Ord. 1026-99 §18, 8/9/99; Ord. 1096-02 §24, 01/28/02; Ord. 1272-08 §3, 11/10/08]

Section 36.170 Subdivision Plat.

(1) Except where the City Engineer decision or Council decision in a request for review on the subdivision or expedited subdivision plan specifically provides otherwise, within 24 months after approval of the subdivision plan, the applicant shall cause the subdivision, or an approved phase thereof, to be surveyed and a subdivision plat prepared in conformance with the approved subdivision plan.

(2) Within 24 months after approval of the subdivision plan, the applicant shall submit the subdivision plat, financial assurances, where applicable, and all supplemental information to the City Engineer and receive the approval of the City.

(3) If the applicant has not submitted the subdivision plat, financial assurances, where applicable, and all supplemental information to the City Engineer not less than 30 days before such 24-month period expires, the subdivision plan approval shall expire at the end of the 24 months. [Ord. 590-83 §1, 4/11/83; Ord. 954-95 §7, 12/11/95; Ord. 1058-00 §3, 9/25/00; Ord. 1096-02 §25, 01/28/02]

Section 36.172 Information on Subdivision Plat.

(1) In addition to information otherwise specified by ORS Chapter 92, the following information shall be submitted on the subdivision plat:

(a) plat name, date, north arrow, scale of drawing, and legend;

(b) the location, width and centerline of all streets, recorded easements and accessways intercepting the boundary of the site;

(c) all existing and proposed easements shall be shown and shall be clearly identified as to intended purpose; easement width, length and bearing shall be shown; and sufficient ties to locate the easement with respect to the plat shall be shown;

(d) the width of the portion of any street being created; the width of any existing right-of-way; new and existing streets shall be identified by the approved street names;

(e) identification of land to be dedicated or reserved for any purpose, public or private, to distinguish it from lots intended for conveyance and building purposes;

(f) a declaration as required by ORS 92.075; and

(g) plat restrictions required in the subdivision plan approval.

(2) Supplemental information with the subdivision plat shall include:

(a) any deed restrictions;

(b) dedication deeds requiring separate documents;

(c) copies of instruments conveying or dedicating property or interests to the County, the State of Oregon or other public agency, if not conveyed by the plat;

(d) when required, written certification by the applicant's engineer that private streets have been constructed in accordance with the subdivision plan approval and City standards; and

(e) provisions for access to and maintenance of drainage facilities not located within public streets, if any. [Ord. 590-83 §1, 4/11/83]

Section 36.174 Agreement for Public Improvements.

(1) Where the applicant wishes to submit the subdivision plat for City acceptance prior to installing all required public improvements pursuant to the subdivision plan approval and subdivision regulations, the applicant shall submit a Compliance Agreement and written assurances, as set forth in this section, to the City Engineer.

(2) The applicant shall submit for City approval, a Compliance Agreement between the owner and the City whereby the owner promises to complete the required public improvements relating to the subdivision in accordance with City regulations within a specified time period in exchange for which the City approves the subdivision plat in advance of completion of all required public improvements.

(3) In addition to the Compliance Agreement, the applicant shall submit one of the following types of assurance:

(a) a Corporate Surety Bond issued by a surety company authorized to transact business in the State of Oregon;

(b) a cash deposit; or

(c) cash in escrow.

(4) Such assurance of full and faithful performance of said Compliance Agreement shall be for a sum approved by the City Engineer as sufficient to cover 100 percent of the cost of completing the required public improvements by the City in the event the applicant fails to construct such improvements in accordance with the Compliance Agreement and City regulations.  The costs of City completion of public improvements include, but are not limited to:

(a) related engineering;

(b) right-of-way acquisition;

(c) easement acquisition and public contracting costs;

(d) labor and materials; and

(e) incidental expenses.

(5) In the event the applicant fails to per-form all provisions of the Compliance Agreement, the City is authorized, but not required, to complete unfinished or improperly constructed portions of the required public improvements and to use the assurance for reimbursement to cover the City's costs, including bringing any necessary action to collect such funds.

(a) If the amount of the bond or cash deposit exceeds the cost and expense incurred by the City to satisfy the provisions of the Compliance Agreement upon the applicant's failure to do so, the City shall release the balance.

(b) If the amount of the bond, cash deposit, or cash in escrow is less than the costs so incurred by the City, the applicant shall be liable to the City for such additional costs.  The City shall have a lien on the subdivision still owned by the owner in an amount which represents the difference between the City costs and the amount received by the City pursuant to the applicant's assurance.

(6) If the applicant fails to perform under the provisions of the Compliance Agreement the City may, as an additional but not exclusive remedy, refuse to issue additional building permits for properties within the subdivision.

(7) The City Engineer shall prepare standard forms of Compliance Agreement and Escrow Agreement, including provisions which will best accomplish the intent of this Section.  Use of such forms by the applicant in accordance with this section are presumed to be satisfactory to the City. [Ord. 590-83 §1, 4/11/83]

Section 36.176 Approval of the Subdivision Plat by the City.

(1)  Upon receipt by the City Engineer, the subdivision plat and related materials shall be reviewed for compliance with the subdivision plan approval and applicable regulations.

(2) The City Engineer shall determine whether the applicant has complied with one of the following alternatives:

(a) all public improvements have been installed in accordance with City regulations and accepted by the City Council; or

(b) a Compliance Agreement has been entered into by the applicant and acceptable assurance has been submitted and accepted by the City as set forth in TDC 36.174.

(3) If the City Engineer determines that the subdivision plat conforms with the subdivision plan approval and other requirements, disregarding immaterial changes, the Mayor and City Recorder shall be so advised.  The Mayor may then approve the subdivision plat by signing it without further action by the City Council.

(4) If the subdivision plat is not in full conformance with the approved subdivision plan and applicable regulations, it shall be returned to the applicant for revision and resubmittal. [Ord. 590-83 §1, 4/11/83]

Section 36.178 Recording of Subdivision Plat.

(1)  After approval by the Mayor, the City Engineer shall return the subdivision plat and other related materials to the applicant, who shall transmit them to the County Surveyor.

(2)  After the County Surveyor determines the final subdivision plat and related materials fully conform with State and County requirements, and receives payment of the required fees for such service, the County Surveyor will approve the plat and deliver it to the County Recorder's Office.

(3)  No building permits shall be issued until the applicant obtains and delivers to the City Engineer a mylar copy of the subdivision plat showing that it has been officially approved by the County Surveyor and recorded. [Ord. 590-83 §1, 4/11/83]

PROCEDURE FOR PARTITIONING

 

Section 36.210 Approval Required.

(1) No land may be partitioned except in accordance with this Chapter and if a minor variance is requested to the dimensional standards of the lots or the minimum lot size, in accordance with the approval criteria in TDC Chapter 33.

(2) The procedure for review and action on partition applications, and requested minor variances, is intended to provide orderly and expeditious processing of such applications and to require conditions of development approval to protect the health and safety of the citizens. [Ord. 590-83 §1, 4/11/83; Ord. 1009-98 §19, 11/9/98]

Section 36.220 Applications and Filing Fee.

(1) Prior to the submittal of a partition application, an applicant for a partition shall conduct a Neighborhood/Developer Meeting subject to TDC 31.063.

(2) The applicant shall prepare and submit a City of Tualatin Development Application, available from the City Engineer. The applicant shall post a sign pursuant to TDC 31.064(2).

(3) The application shall contain:

(a) the names, addresses and telephone numbers of the property owners and applicants, and when applicable, the name and address of the design engineer or surveyor;

(b) the signatures of the property owners and applicants;

(c) the site location by address and current County Tax Assessor's map and tax lot numbers; and

(d) a description of the manner in which the proposed division complies with each of the expedited criterion for an Expedited Partition Application.

(e) if a minor variance is requested to the dimensional standards of the lots or the minimum lot size, adequate information to show compliance with the approval criteria in TDC Chapter 33.

(f) a "Service Provider Letter" from Clean Water Services indicating that a "Stormwater Connection Permit" will likely be issued.

(g) The information on the Neighbor-hood/Developer Meeting specified in TDC 31.063(10).

(h) If a railroad-highway grade crossing provides or will provide the only access to the subject property, the applicant must indicate that fact in the application, and the City must notify the ODOT Rail Division and the railroad company that the application has been received.

(4) The partition application shall be submitted to the City Engineer, along with:

(a) the partition plan;

(b) preliminary utility plans for streets, water, sanitary sewer and storm drainage; and

(c) a black and white 8&1/2" x 11" site plan suitable for reproduction;

(d) a completed City fact sheet; and

(e) other supplementary material as may be required, such as:

(i) deed restrictions; or

(ii) for all non-buildable areas or tracts to be dedicated or reserved for public use, a statement of ownership, use, covenants, conditions, limitations and responsibility for maintenance.

(5) The following general information shall be shown on the partition plan:

(a) appropriate identification clearly stating the map is a plan;

(b) the names, addresses and telephone numbers of the property owners and applicants, and when applicable, the name and address of the design engineer or surveyor;

(c) the date the plan was prepared;

(d) north arrow;

(e) scale of drawing;

(f) location of the partition by 1/4 Section, Township and Range;

(g) existing streets (public or private), including location, name, centerline, right-of-way and pavement width on and abutting the site, and the location of existing and proposed access points;

(h) proposed streets (public or private), including location, centerline, right-of-way and pavement width, approximate radius of curves and approximate grades of proposed streets on the subject property and within three hundred feet of the site;

(i) an outline plan demonstrating that the adjacent property can be divided in the future in a manner that is consistent with the partition plan, and illustrating the connections to transit routes, pedestrian and bike facilities, and accessways to adjacent properties;

(j) easements, including the location, width and purpose of all recorded and proposed easements in or abutting the proposed site;

(k) public utilities, including the approximate location, size and grade of all existing and proposed sanitary sewers, the approximate location, size and grade of all existing and proposed on-site and off-site storm drainage lines, and the approximate location and size of water lines;

(l) flood areas, including the location of any flood plain, drainage hazard areas and other areas subject to flooding or ponding;

(m) natural resources, including the location of natural features, such as rock outcroppings, wetlands, water courses, creeks, wooded areas and trees having a trunk diameter of eight inches or greater, as measured at a point four feet above ground level, proposed to be removed and to be retained on site;

(n) approximate parcel dimensions, including all existing property lines and their lengths and the approximate location and dimensions of all proposed parcels;

(o) approximate area of each parcel;

(p) proposed parcel numbers;

(q) existing structures, including the location and present use of all structures, wells and septic tanks on the site and an indication of which structures, wells and septic tanks are to remain after platting; indicate all City-designated historic landmarks;

(r) all parcels or tracts of land intended to be dedicated or reserved for public use;

(s) a vicinity map showing a minimum 1-mile radius;

(t) contour lines with intervals at a minimum of two feet for slopes up to five percent and five feet for slopes over five percent; and

(u) other information required by the City Engineer.

(6) The partition application shall be ac-companied by a nonrefundable fee as established by City Council resolution. The partition application shall not be accepted until the fee has been paid to the City. This fee shall not apply towards any building permit fees that may later be required.

(7) The applicant shall submit, along with the partition application, a mailing list in accordance with TDC 31.077.

(8) The City Engineer may require information in addition to that stated in this section.

(9) Unless otherwise specified in the partition application, approval, or in express direction from the City Engineer, any material submitted by the applicant with the partition application which exceeds the TDC requirements shall be considered a part of the recommended decision.

(10) The applicant has the burden in all cases of demonstrating compliance with applicable development regulations.

(11) The applicable time period for action on the partition application shall not commence until the City Engineer has determined that the application is complete.

(a) In the event such determination of completeness is not made within 30 days of the date of its submission, or resubmission, the development application shall be deemed complete upon the expiration of the 30-day period for purposes of commencing the applicable time period, unless:

(i) the application lacks information required to be submitted; or

(ii) the required fees have not been submitted; and

(iii) the City Engineer has notified the applicant in writing of the deficiencies in the application within 30 days of submission of the partition application.

(b) The City Engineer may subsequently require correction of any information found to be in error or submission of additional information not specified in this Chapter, as deemed necessary to make an informed decision, though such additional or corrected information will result in extending the applicable time period for action by the City.

(12) The City Engineer shall prepare the standard form of Development Application for partition plans, including provisions which will best accomplish the intent of this section.  [Ord. 590-83 §1, 4/11/83; Ord. 954-95 §8, 12/11/95; Ord. 1009-98 §20, 11/9/98; Ord. 1070-01 §7, 4/9/01; Ord. 1096-02 §26, 01/28/02; Ord. 1157-04, 3/8/04; Ord. 1149-03, 10/13/03; Ord. 1096-02,  01/28/02; Ord. 1070-01, 4/9/01; Ord. 1304-10 §21, 4/14/10]

Section 36.230 Review Process.

(1) Review of partition applications shall be a limited land use decision process in accordance with this section. Before a decision is made on a partition application, it shall first be established that the partition proposal conforms to the Tualatin Development Code, and applicable City ordinances and regulations and requested minor variances to the dimensional standards of the lots or the minimum lot size, conform with the approval criteria in TDC Chapter 33. Failure to conform is sufficient reason to deny the application.

(2) Prior to the City Engineer issuing a decision on the partition application the applicant shall obtain any required use approvals, including but not limited to plan amendment and conditional use permit, except for minor variances which shall be reviewed and decided as part of the partition decision. Partition with a concurrent variance shall be decided by the City Council.

(3) After the partition application is deemed complete, written notice of the application inviting comments shall be provided to:

(a) potentially affected governmental agencies such as, the school district in which the partition is located, the fire district, Clean Water Services, the Oregon Department of Transportation, Tri-Met, Washington or Clackamas County;

(b) utility companies;

(c) City departments; and

(d) recipients pursuant to TDC 31.064(1).

(4) The notice sent in TDC 36.230(3) shall:

(a) state that signed written comments shall be submitted by letter or facsimile within 14 calendar days of the mailing date of the notice to be considered as a basis for requesting a review;

(b) state that issues that may provide the basis for a request for review to the City Council and Land Use Board of Appeals shall be raised in writing prior to the expiration of the comment period.  Issues shall be raised with sufficient detail and clarity to enable the decision maker to respond to the issue and state how a person may be adversely affected by the proposal;

(c) list the applicable criteria by code section for the decision;

(d) include the street address or other easily understood geographical reference to the subject property;

(e) state the place, date and time that comments are due, and that comments are due no later than 5:00 pm on the fourteenth calendar day;

(f) state that copies of all evidence relied upon by the applicant are available for review, and copies can be obtained at cost;

(g) state the local government contact person and telephone number;

(h) briefly summarize the local decision-making process for the limited land use decision being made; and

(i) state that notice of decision will be provided only to those who submitted written comments in accordance with this section.

(5) Failure of a person or agency to receive the notice required in TDC 36.230(3) shall not invalidate any proceeding in connection with the application provided the City can demonstrate by affidavit that notice in accordance with this section was given.

(6) Comments shall be received by the City Engineer within 14 calendar days of the date when the notice was mailed.  Signed comments shall be in writing or received by facsimile.  Issues shall be raised with sufficient detail and clarity to enable the decision maker to respond to the issues.  Requests for review may be made only by persons who submitted written comments within the 14 calendar-day period, who may be adversely affected by the City Engineer's decision and may only be submitted in writing. 

(7) Prior to making a decision the City Engineer may conduct one or more review meetings with the applicant, governmental agencies, utility companies and any other interested parties.

(8) When the City Engineer determines that a complete application for a proposed development raises a substantial question over Code requirements, size, location or complexity and is likely to raise concern from a substantial portion of nearby property owners or residents, the City Engineer may request that the City Council review the partition without first reaching a decision.  The City Council shall hold a hearing in accordance with TDC 31.077.  This applies to all partitions except for expedited partitions which shall not be the subject of a public hearing. The City Engineer shall prepare a report for presentation to the City Council, which may include recommendations on the partition application and requested minor variances.

(9) The City Council may review and approve a partition application when it is submitted as part of an Industrial Master Plan in accordance with TDC Chapter 37. Such City Council review shall then be conducted in accordance with TDC 31.077. The City Engineer shall prepare a report for presentation to the City Council, which may include recommendations on the partition application and requested minor variances. [Ord. 590-83 §1, 4/11/83; Ord. 954-95 §9, 12/11/95; Ord. 1009-98 §21, 11/9/98; Ord. 1035-99 §1, 11/8/99; Ord. 1096-02 §27, 1/28/02; Ord. 1304-10 §22. 6/14/10]

Section 36.240 Final Decision.

(1) The City Engineer shall render a final decision for a partition or an Expedited Partition Application.

(2) The City Engineer shall approve no partition or expedited partition application unless adequate public facilities are available to serve the proposed partition.

(3) The City Engineer's decision may be to approve, approve with conditions or deny the partition or expedited partition application based upon demonstrated compliance with applicable City regulations. The City Engineer's decision shall be supported by written findings and reasons for the decision. Findings and reasons may consist of references to the applicable Tualatin Development Code (TDC) or Tualatin Municipal Code (TMC) provisions.

(4) The final decision shall be written, and at a minimum shall identify:

(a) the applicant;

(b) the date of the decision;

(c) the decision;

(d) any time frame and conditions to which the decision is subject;

(e) a brief statement that explains the criteria and standards considered relevant to the decision, states the facts relied upon in the rendering the decision, explains the justification for the decision based on the criteria, standards and facts set forth; and

(f) an explanation of the rights to request a review of the decision.

(5) Notice of the decision shall be provided to the applicant, property owner, and any party who submitted comments within the 14 calendar-day comment period.  Notice of the decision shall include a description of rights to request a review of the decision.

(6) The decision of the City Engineer shall become final 14 calendar days after the date the notice of the decision is given unless a written request to review the decision has been received by the City in accordance with applicable procedures provided in TDC 36.161. If a request for City Council review is timely and properly filed, the decision on the partition application shall not be final until a final determination is made by the City Council.

(7) The final decision of the City Engineer or approval by the City Council shall expire two years from the date the City Engineer issues the final decision or the City Council adopts the resolution unless the applicant requests an extension and the City Engineer approves it pursuant to Subsection (8).

(8) Before approving an extension of a partition approval, the City Engineer shall find that the request meets these criteria:

(a) There have been no significant changes in any conditions, ordinances, regulations, or other standards of the City or applicable agencies that affect the previously approved subdivision so as to warrant its resubmittal.

(b) If the applicant neglected site maintenance and allowed the site to become blighted, the City Engineer shall factor this into the decision.

(c) The City Engineer shall grant no more than a single one-year extension.

(9) A partition plan approval may include restrictions and conditions.  These restrictions and conditions shall be reasonably conceived to:

(a) protect the public from the potentially deleterious effects of the proposal;

(b) fulfill the need for public facilities and services created by the proposal, or in-creased or in part attributable to the impacts of the proposal;

(c) further the implementation of the requirements of the TDC.

(10) The final decision of the City Council on a partition associated with an Industrial Master Plan (TDC 37) shall be subject to all requirements of TDC 36.240.  [Ord. 590-83 §1, 4/11/83; Ord. 931-94 §4, 9/12/94; Ord. 933-94 §15, 11/28/94; Ord. 954-95 §10, 12/11/95; Ord. 1009-98 §22, 11/9/98; Ord. 1026-99 §19, 8/9/99; Ord. 1035-99 §2, 11/8/99; Ord. 1058-00 §4, 9/25/00; Ord. 1096-02 §28, 1/28/02; Ord. 1333-11 §4, 9/12/11]

Section 36.242 Modifications to Final Decision.

(1) After  the  partition  application  has received final approval, including requested minor variances to the dimensional standards of the lots or the minimum lot size, whether or not subject to conditions, but before the partition plat has been approved, any proposed modifications to the partition plan shall be submitted to the City Engineer for approval. The City Engineer shall determine if the proposed modifications are material or immaterial in nature.

(2) Immaterial modifications to a final decision for a partition application are changes which do not result in a noncompliance with partition approval criteria, and include:

(a) lot dimension changes;

(b) street location changes; and

(c) lot pattern changes.

(3) Immaterial modifications shall meet the following standards:

(a) Accessways to adjacent streets or properties shall not be relocated more than 25 feet from the location approved on the partition plan. In addition, these improvements shall not be relocated to a different adjacent property.

(b) Stub streets shall not be changed to non-through streets.

(c) Cul-de-sacs shall not be changed to stub streets.

(d) The proposed modification shall not result in a change or deletion of a condition of approval of the final decision.  Changes to the conditions of approval shall be processed as set forth in TDC 36.242 (5) and (6).

(4) If the proposed modifications are found to be immaterial and the partition plan as modified meets the conditions of the final decision, the requirements of the TDC and other applicable regulations, the City Engineer shall approve in writing the proposed modifications with or without conditions. The decision shall be filed and mailed as set forth in TDC 31.074 or in accordance with state law for Expedited Partition Plans.

(5) A proposed modification that is determined to be material in nature or which results in a partition plan that no longer meets the conditions of the final decision or the requirements of the TDC and other applicable regulations, shall require a new application in accordance with TDC 36.220.

(6) The nonrefundable fee for modification of the final decision, as established by resolution of the City Council, shall be submitted along with the request for modification or the partition plan approval.  [Ord. 590-83 §1, 4/11/83; Ord. 954-95 §11, 12/11/95; Ord. 1009-98 §23, 11/9/98; Ord. 1026-99 §20, 8/9/99; Ord. 1272-08 §4, 11/10/08]

Section 36.250 Requests for Review.

(1) A request for review for a partition shall follow the procedure set forth in TDC 36.161. [Ord. 590-83 §1, 4/11/83; Ord. 1009-98 §24, 11/9/98; Ord. 1096-02 §29, 1/28/02]

Section 36.270 Partition Plat.

(1) Except where the final decision specifically provides otherwise, or where an extension is specifically approved, within 24 months after the issuance of the final decision, the applicant shall cause the site to be surveyed and a partition plat prepared and supplemental information submitted to the City Engineer in conformance with the final decision and this Chapter.

(2) If the applicant has not submitted the partition plat and all supplemental information to the City Engineer not less than 30 days before such 24-month period expires, the final decision shall expire at the end of the 24 months. [Ord. 590-83 §1, 4/11/83; Ord. 1058-00 §5, 9/25/00]

Section 36.272 Information on Partition Plat.

(1)  In addition to information otherwise specified by ORS Chapter 92, the following information shall be submitted on the partition plat:

(a)  date, north arrow, scale of drawing, and legend;

(b)  the location, width and centerline of all streets, accessways and recorded easements intercepting the boundary of the site;

(c)  all existing and proposed easements shall be shown and shall be clearly identified as to intended purpose; the easement width, length and bearing shall be shown; and sufficient ties to locate the easement with respect to the plat shall be shown;

(d)  the width of the portion of any street being created; the width of any existing right-of-way; new and existing streets shall be identified by the approved street names;

(e)  identification of land to be dedicated or reserved for any purpose, public or private, to distinguish it from parcels intended for conveyance and building purposes;

(f)  a declaration as required by ORS 92.075; and

(h)  plat restrictions required in the final decision or partition plan approval.

(2)  Supplemental information with the partition plat shall include:

(a)  any deed restrictions;

(b)  dedication deeds requiring separate documents;

(c)  copies of instruments conveying or dedicating property or interests to the County, the State of Oregon or other public agency, if not conveyed by the plat;

(d)  when required, written certification by the applicant's engineer that private streets have been constructed in accordance with the partition plan approval and City standards; and

(e)  provisions for access to, and maintenance of, drainage facilities not located within public streets, if any. [Ord. 590-83 §1, 4/11/83]

Section 36.274 Approval of Partition Plat by City.

(1)  Upon receipt by the City Engineer, the partition plat and related materials shall be reviewed for compliance with the final decision and applicable regulations.

(2)  If the City Engineer determines that the partition plat conforms with the final decision and other requirements, disregarding immaterial changes, the Mayor and City Recorder shall be so advised.  The Mayor may then approve the partition plat by signing it without further action by the City Council.

(3)  If the partition plat is not in full conformance with the final decision and applicable regulations, it shall be returned to the applicant for revision and resubmittal. [Ord. 590-83 §1, 04/11/83; Ord. 1096-02 §30, 01/28/02; Ord. 1096-02, 1/28/02]

Section 36.276 Recording of Partition Plat.

(1)  After approval by the Mayor, the City Engineer shall return the partition plat and other related materials to the applicant, who shall transmit them to the County Surveyor.

(2)  After the County Surveyor determines the partition plat and related materials fully conform with State and County requirements, and receives payment of the required fees for such service, the County Surveyor will approve the plat and deliver it to the County Recorder's Office.

(3)  No building permits shall be issued until the applicant obtains and delivers to the City Engineer a mylar copy of the partition plat, showing that it has been officially approved by the County Surveyor and recorded. [Ord. 590-83 §1, 4/11/83]

PROCEDURE FOR PROPERTY LINE ADJUSTMENT

 

Section 36.310 Approval Required.

(1) No property line may be adjusted except in accordance with this Chapter and if a minor variance is requested to the dimensional standards of the lots or the minimum lot size, in accordance with the approval criteria in TDC Chapter 33.

(2) The procedure for review and approval of property line adjustment applications, and requested minor variances, is intended to provide orderly and expeditious processing of such applications and to require conditions of development approval to protect the health and safety of the citizens.

(3) No additional lots shall be created by a property line adjustment.

(4) All lots shall conform to the minimum lot size requirements of the TDC, unless a minor variance to the dimensional standards of the lots or the minimum lot size is approved as part of the Property Line Adjustment decision. [Ord. 590-83 §1, 4/11/83; Ord. 1009-98 §26, 11/9/98]

Section 36.320 Applications and Filing Fee.

(1) The applicant shall prepare and submit a City of Tualatin Development Application, available from the City Engineer.

(2) The application shall contain:

(a) the names, addresses and telephone numbers of the property owners, applicants, agents and surveyors;

(b) the signatures of the property owners and applicants; and

(c) the site location by address and current County Assessor's map and tax lot numbers.

(d) if a minor variance is requested to the dimensional standards of the lots or the minimum lot size, adequate information to show compliance with the approval criteria in TDC Chapter 33 and a mailing list in accordance with TDC 31.077.

(e) a "Service Provider Letter" from Clean Water Services indicating that a "Stormwater Connection Permit" will likely be issued.

(f) If a railroad-highway grade crossing provides or will provide the only access to the subject property, the applicant must indicate that fact in the application, and the City must notify the ODOT Rail Division and the railroad company that the application has been received.

(3) The application shall be submitted to the City Engineer, along with a sketch map and other supplementary material as may be required.

(4) The following general information shall be shown on the sketch map:

(a) the date the sketch was prepared;

(b) north arrow;

(c) scale of drawing;

(d) existing and proposed lot sizes;

(e) existing and proposed lot lines;

(f) existing and proposed structures;

(g) existing and proposed easements; and

(h) other information required by the City Engineer.

(5) The property line adjustment application shall be accompanied by a nonrefundable fee as established by City Council resolution. The application shall not be accepted until the fee has been paid to the City. This fee shall not apply towards any building permit fees that may later be required.

(6) The applicant has the burden in all cases of demonstrating compliance with applicable development regulations.

(7) The City Engineer may require information in addition to that stated in this section.

(8) The City Engineer shall prepare the standard form of Development Application for property line adjustments, including provisions which will best accomplish the intent of this section. [Ord. 590-83 §1, 4/11/83; Ord. 1009-98 §27, 11/9/98; Ord. 1070-01 §8, 4/9/01; Ord. 1096-02 §31, 1/28/02; Ord. 1157-04, 3/8/04; Ord. 1096-02, 1/28/02; Ord. 1070-01, 4/9/01]

Section 36.330 Review Process.

(1) For any property line adjustment application to be approved, it shall first be established that the resulting lots conform to the Tualatin Development Code, and applicable City ordinances and regulations, and requested minor variances to the dimensional standards of the lots or minimum lot size, conform to the approval criteria in TDC Chapter 33. Failure to conform is sufficient reason to deny the application.

(2) Prior to the City Engineer issuing a decision on the property line adjustment application the applicant shall obtain any required use approvals, including but not limited to plan amendments, variances and conditional use permits, except for minor variances which shall be reviewed and decided as part of the property line adjustment decision.

(3) Before the commencement of the applicable time period for City action, the property line adjustment application shall first be certified or deemed complete by the City Engineer.

(a) In the event such certification of the application is not made within 30 days of the date of its submission, or resubmission, the application shall be deemed complete after 30 days for purposes of commencing the applicable time period, unless:

(i) the application lacks information to be submitted; or

(ii) the required fees have not been submitted; and

(iii) the City Engineer has notified the applicant in writing of the deficiencies in the application within 30 days of submission of the application.

(b) The City Engineer may subsequently require correction of any information found to be in error and submittal of additional information not specified in this Chapter, as the City Engineer deems necessary to make an informed decision.

(4) After the property line adjustment application is deemed complete, the City Engineer shall provide one copy of the sketch map and supplemental material to, and invite comments from City departments.

(5) Failure of the City to send the information set forth in subsection (4) of this section to a City department, or failure of a City department to receive this information, shall not invalidate any proceeding in connection with the application.

(6) When the City Engineer determines that a complete application for a proposed development raises a substantial question over Code requirements, size, location or complexity and is likely to raise concern from a substantial portion of nearby property owners or residents, the City Engineer may request that the City Council review the property line adjustment without first reaching a decision.  The City Council shall hold a hearing in accordance with TDC 31.077.  The City Engineer shall prepare a report for presentation to the City Council, which may include recommendations on the property line adjustment application, including a requested minor variance to the dimensional standards of the lots or the minimum lot size.  [Ord. 590-83 §1, 4/11/83; Ord. 1009-98 §28, 11/9/98; Ord. 1096-02 §32, 1/28/02]

Section 36.340 Decision.

(1) Within 30 days from the date the property line adjustment application, including a requested minor variance to the dimensional standards of the lots or the minimum lot size, is deemed complete, the City Engineer shall issue a decision to approve or deny the application.

(2) The decision shall include findings of fact and conclusions based upon applicable criteria. The City Engineer's decision shall be supported by written findings and reasons for the decision based upon applicable regulations. Findings and reasons may consist of references to the applicable Development Code or Ordinance provisions.

(3) The decision shall be written, and at a minimum shall identify the applicant, the date of the decision, the decision, and any time frame to which the decision is subject.

(4) Except as otherwise provided, failure of the City Engineer to make a decision on a property line adjustment application within 30 days from the date the application is deemed complete shall constitute approval of the particular application, unless the applicant consents to an extension of time.

(5) The decision of the City Engineer shall not be considered final until a written notice of the decision is given to the owners of the properties listed on the application and if a minor variance is requested, recipients pursuant to TDC 31.064(1).

(6) The decision of the City Engineer shall be appealable for 14 calendar days after the date the notice of the decision is given. A written request for review of the decision by City Council shall be in accordance with applicable procedures and on a form provided for that purpose, as set forth in TDC 31.075 and 31.076. [Ord. 590-83 §1, 4/11/83; Ord. 1009-98 §29, 11/9/98; Ord. 1096-02 §33, 1/28/02; Ord. 1304-10 §23, 5/14/10]

Section 36.350 Requests for Review.

(1) When a request for review by the City Council is received by the City Engineer, the review hearing shall be scheduled for an appropriate City Council meeting date in accordance with TDC 31.076.

(2) The City Council shall conduct a hearing in accordance with quasi-judicial evidentiary hearing procedures as provided in TDC 31.077.

(3) Upon review, the decision shall be to approve, approve with conditions or deny the application under review, including a requested minor variance to the dimensional standards of the lots or the minimum lot size. The decision shall include findings of fact and conclusions for the decision, which shall be based upon applicable criteria.

(4) The decision shall be written and at a minimum shall identify the property line adjustment application, the applicant or a person to be contacted on behalf of the applicant, the date of the decision, the decision, and any conditions to which the decision is subject. [Ord. 590-83 §1, 4/11/83; Ord. 1009-98 §30, 11/9/98]

Section 36.360 Survey Map.

(1) A common property line that is relocated through a property line adjustment process shall be surveyed and monumented except as set forth in ORS Chapter 92.

(2) When required, surveys shall be filed with, and approved by, the County Surveyor prior to filing and recording the necessary deeds with the County.

(3) The survey map shall contain all the information required by the County Surveyor and the requirements of State law, ORS Chapter 209. [Ord. 590-83 §1, 4/11/83; Ord. 1009-98 §31, 11/9/98]

Section 36.370 Final Approval.

(1) Except where the City Engineer's decision or City Council's approval of a property line adjustment, including a requested minor variance to the dimensional standards of the lots or the minimum lot size, specifically provides otherwise, within 24 months after the issuance of the decision or approval, the applicant shall cause the property line to be surveyed and a survey map prepared in conformance with the property line adjustment as approved.

(2) Within the 24-month period, prior to recording, the applicant shall submit the survey map to the City Engineer for review. The City Engineer shall determine that all conditions of the decision or approval have been satisfied.

(3) The Finance Department of the City shall determine that any City liens, assessments and in lieu of payments assigned to the properties, if any, are reapportioned to correspond with the new land unit configuration.

(4) If the survey map fully complies with City requirements, the City Engineer shall issue a final approval to the applicant within 30 days of receiving the survey map.

(5) If the survey map is not in full compliance, it shall be returned to the applicant for revision and resubmittal. [Ord. 590-83 §1, 4/11/83; Ord. 1009-98 §32, 11/11/98; Ord. 1058-00 §6, 9/25/00; Ord. 1096-02 §34, 01/28/02]

Section 36.380 Recording of Survey Map by County Surveyor.

(1) After the final approval on a property line adjustment survey is issued by the City Engineer the survey map and other data shall be returned to the applicant, who shall transmit them to the County Surveyor for examination for compliance with applicable provisions of State law and County regulations.

(2) When the County Surveyor finds the documents in full conformance with county requirements, and receives payment of the required fees for such service, the County Surveyor shall approve the survey map by recording.

(3) No building permits shall be issued until the applicant obtains and delivers to the City Engineer a copy of the survey map as officially approved by the County Surveyor and recorded. [Ord. 590-83 §1, 4/11/83; Ord. 1009-98 §33, 11/9/98]

LOT REQUIREMENTS

 

Section 36.410 Double Frontage and Reverse Frontage.

(1)  Double frontage and reversed front-age lots should be avoided except where essential to provide separation of residential development from railroad tracks or crossings, traffic arterials or collectors, adjacent nonresidential uses, or to overcome specific disadvantages of topography and orientation.

(2)  Residences on double frontage lots shall be oriented towards the lower classification street adjacent to the lot:

(a)  local street instead of collector or arterial; and

(b)  collector street instead of arterial.

(3)  If two local streets are adjacent to a series of adjacent double frontage lots, then residences on  all such lots shall be oriented towards the same local street. [Ord. 590-83 §1, 4/11/83]

Section 36.420 Existing Structures and Appurtenances.

(1)  Any existing structures proposed to be demolished shall be removed prior to the City approval of the subdivision or partition plat.  Any structures determined to be a historic City landmark shall be reviewed in accordance with TDC Chapter 68.

(2)  Any existing wells shall be abandoned in the manner prescribed by State and County regulations prior to the City approval of the  subdivision or partition plat.

(3)  Any existing underground fuel or oil tanks, septic tanks and similar underground storage tanks shall be removed or filled as required by the Department of Environmental Quality prior to the City's approval of the subdivision or partition plat. [Ord. 590-83 §1, 4/11/83.]

Section 36.430 Large Lots.

When subdividing, partitioning or adjusting land into large lots which at some future time are possible to be resubdivided, repartitioned or readjusted to a size which more closely conforms to the other lots in the subdivision or area, the applicant shall submit a future streets plan.  The future streets plan shall indicate that proposed large lots be of such size and shape and contain such building site restrictions as will provide for the extension and opening of streets at such intervals and the subsequent division of any such large lot into smaller size lots which meet the requirements of the TDC. [Ord. 590-83 §1, 4/11/83]

Section 36.440 Monuments.

Survey markers and monumentation shall be placed as required by State law.  Any monuments that are disturbed before all improvements are completed shall be replaced by the applicant to conform to the requirements of State law. [Ord. 590-83 §1, 4/11/83]

Section 36.450 Side Lot Lines.

The side lines of lots, as far as practicable, shall run at right angles to the street upon which the lots face. [Ord. 590-83 §1, 4/11/83]

Section 36.460 Size and Shape.

(1)  The lot size, width, shape and orientation shall be appropriate for the location of the lot and shall comply with the planning district standards for the type of development and use contemplated.

(2)  These minimum standards shall apply with the following exceptions:

(a)  In areas that will not be served by public sewer or public water supply, the lots shall also conform to any special requirements developed by the County Health Department or the Department of Environmental Quality with respect to sewage disposal and water supply.

(b)  Where the planning district designation is for commercial, institutional, or industrial use, other lot sizes, widths and areas may be permitted at the discretion of the City 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.

(c)  Where the property constitutes or is part of a conditional use approval and fully complies with specific conditions imposed at the time of approval of the conditional use, other lot sizes, widths and areas may be permitted at the discretion of the City Council. [Ord. 590-83 §1, 4/11/83; Ord. 1216-06, 7/24/05]

Section 36.470 Frontage on Public Streets.

All lots created after September 1, 1979 shall abut a public street, except for the following:

(1) Secondary condominium lots, which shall conform to TDC 73.400 and TDC 75;

(2) Lots and tracts created to preserve wetlands, greenways, Natural Areas and Stormwater Quality Control Facilities identified by TDC Chapters 71, 72 Figure 3-4 of the Parks and Recreation Master Plan and the Surface Water Management Ordinance, TMC Chapter 3-5 respectively, or for the purpose of preserving park lands in accordance with the Parks and Recreation Master Plan;

(3)  Residential lots where frontage along a public street is impractical due to physical site restraints. Access to lots shall occur via a shared driveway within a tract. The tract shall have no adverse impacts to surrounding properties or roads and may only be approved if it meets the following criteria:

(a) Does not exceed 250 feet in length,

(b) If the tract exceeds 150 feet in length, it has a turnaround facility as approved by the Fire Marshal for fire and life safety,

(c) The tract does not serve more than 6 lots,

(d) A public street is not needed to provide access to other adjacent properties as required by TDC Chapter 74,

(e) A recorded document providing for the ownership, use rights, and allocation for liability for construction and maintenance has been submitted to the City Engineer prior to issuance of a building permit, and

(f) Access easements have been provided to all properties needing access to the driveway.

(4)  Lots in the Manufacturing Park Planning District which have access to the public right-of-way in accordance with TDC 73.400 and TDC Chapter 75 via permanent access easement over one or more adjoining properties, creating uninterrupted vehicle and pedestrian access between the subject lot and the public right-of-way. [Ord. 1054-00 §1, 8/14/00]

 

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