Ord 1518COUNCIL BILL N0. 249
ORDINANCE N0. 1518
AN ORDINANCE RELATING TO SUBDIVISION AND THE PLANS OR PLATS
THEREOF; PROVIDING REQUIREMENTS FOR SUBDIVIDING OR PARTITIONING
LAND IN THE CITY OF WOODBURN, OREGON; PROVIDING A PROCEDURE
FOR APPLICATION TO SUBDIVIDE OR PARTITION; AND PROVIDING
PENALITIES FOR VIOLATION; AND REPEALING ORDINANCE 1066 AND
AMENDMENTS THERETO AND DECLARING AN EMERGENCY.
THE COMMON COUNCIL OF THE CITY OF WOODBURN DO ORDAIN:
Section 1. Short Title. This ordinance may be cited
as the "Subdivision Ordinance of the City of Woodburn, Oregon".
Section 2. Applicability. The provisions of this
ordinance shall apply to all lands now within the City of Woodburn
or hereinafter annexed to the City.
Section 3. Definitions. (a} Commission: Wherever
the ter~}~"Commission" appears it shall be construed to mean the
Planning Commission of the City of Woodburn. (b} Council:
Wherever the term "Council" appears it shall be construed to
mean the Common Council of the City of Woodburn. Other definitions
of terms used in this ordinance shall be defined in the standards
of the Planning Commission of the City of Woodburn.
Section 4. Planning Commission Approval Required.
As authorized by ORS Chapter 92 and ORS Chapter 22?.100-227.110,
all subdivision plats and all streets or ways inside the City
and within the City's area of jurisdiction shall be approved by
the Commission only in accordance with those statutes, Woodburn
ordinances, and such standards and procedures adopted by said
Commission. A person desiring to subdivide or partition land
shall submit preliminary plans and final documents for approval
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Ordinance No. 1518
as provided in this ordinance, State law, and the standards
and procedures as set out by the Commission.
Section 5. Decision of the Commission. The Commission
shall render its decision on a subdivision or partitioning
and the City Administrator shall mail a notice of the decision
to the petitioner at the address set forth in the application
and shall file a copy of the decision with the Council. The
City Administrator shall mail a notice of any decision to any
person who, in writing, requested such notification before the
decision was rendered. The Council may call up any action
of the Commission for review. Such action of the Council shall
be taken within 30 days of the notice of the decision of the
Commission. When the Council takes such action, the Commission's
records pertaining to the subdivision or partitioning shall be
certified to the Council by the City Administrator. All further
procedings shall be deferred until a decision is rendered
by the Council.
Section 6. Intent and Purpose. This ordinance is
enacted to establish requirements for the subdividing or
partitioning of land within the jurisdiction of the City of
Woodburn, Oregon. The provisions of this ordinance shall be
held only to be the minimum requirements adopted for the public
health, safety and general welfare of the people of Woodburn,
Oregon. To protect the people, among other purposes, such
provisions are intended to provide for a permanently wholesome
community environment, adequate municipal services and safe
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Ordinance No. 1518
streets with the aim of accomplishing:
(a) The creation of satisfactory and harmonious living
conditions;
(b) Acceptable population density as indicated in the
Woodburn Comprehensive Plan;
(c) The protection and conservation of open space and
proper use of land;
(d) The extension of public services without excessive
expenditures;
(e) The simplification and increased accuracy of land
description and ownership; and
(f) The stabilization of property values in the subdivision
and surrounding areas.
In the event the Commission or Council determines that the mere
meeting of the minimum requirements are not sufficient to
achieve the goals above listed, further standards and changes
in the proposed subdivision may be required of the developer.
Where this ordinance imposed a greater restriction than is
imposed or required by existing provisions of law or ordinance,
the provisions of this ordinance and the standards adopted by
the Commission shall control.
Section 7. Street Improvements. All street improve-
ments, including curbs, gutters, sidewalks and surface drainage,
shall conform to the ordinances, resolutions, policies and
standards of the City of Woodburn and shall be in accordance
with the specifications and standards on file in the office of
the City Engineer. Subdivision plans shall not have final
approval by the Commission, until such time that the Commission,
in its judgment, is satisfied that conditions, specifications,
and standards as set forth in this and all other City ordinances
will be completed.
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Ordinance No.1518
Section 8. Improvement Agreement. Before Commission
approval is certified on the final plat, the subdivider shall
either:
(a) Enter into an agreement with the City authorizing
the City to make specific required improvements
within one year from the date of the final approval
of the plat and to assess the costs of such improve-
ments to the properties included in the proposed
subdivision and any other properties of the sub-
divider to be benefited thereby; or
(b) Enter into an agreement with the City specifying
improvements to be made by the subdivider within
one year from the date of the final approval of the
subdivision plat.
When improvements are to be installed by the subdivider under
the terms of an agreement:
(a) A subdivider's performance bond is required;
(b) Construction of the improvements may be made in units
under conditions specified in the agreement;
(c) Extension of the time limit may be made under conditions
specified in the agreement.
Section 9. Subdivider's Bond. To assure full and
faithful performance, the subdivider shall file with the agree-
ment one of the following:
(a) A surety bond executed by a surety company authorized
to transact business in the State of Oregon;
(b) Cash or certified check; or
(c) A waiver granted by the Common Council of the City
of Woodburn. Such waiver will state that the Common
Council has found that the particular subdivider was
responsible and would give full and capable performance
without the necessity of the filing of a surety bond
as required by (a) or cash or certified check as
required by (b).
Such assurance of full and faithful performance shall be for a
sum approved by the City Engineer as sufficient to cover the
cost of the improvements and repairs, including related engineering
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Ordinance No. 1518
and incidental expenses. In the event the subdivider should
fail to carry out the provisions of the agreement, the City shall:
(a} Seek full and faithful performance from the surety
company;
(b) Use the cash or certified check to complete the work; or
(c) Require the subdivider to full and faithfully perform
as required by the City Engineer.
If the amount of the bond or cash exceeds the cost of completing
the required improvements, the City shall release the remainder.
If the amount of the bond or cash is insufficient to complete
the required improvements, the subdivider shall be liable for
the difference.
Section 10. Procedure for Subdividing into Four or
More Lots. Whenever it is proposed to subdivide land into four
or more lots of less than five acres each, ten copies of the
preliminary plans shall be filed with the Commission at least
20 days prior to the meeting at which proposal will be considered.
Preliminary plans shall include the following information and
data:
(a) Name of the proposed subdivision;
(b) Vicinity map extending at least 800 feet from the
proposed subdivision;
(c) Subdivision plan on a scale of l" equals 200';
(d) Names and addresses of all land owners within the
proposed subdivision;
(e) Water supply;
{f) Sewage disposal system;
(g) Any other information so required by the Commission.
Section 11. Additional Standards. In addition to the
improvements required in this ordinance and by the Commission
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Ordinance No. 1518
pursuant to its standards, the Commission shall require of the
developer such other subdivision conditions as will provide for
the lessening of congestion in the streets, obtaining safety from
fire, flood, slides, pollution or other dangers, obtaining adequate
light and air, preventing over-crowding of land, facilitating
adequate provision for transportation, water supply, sewerage,
drainage, education, recreation or other needs as described
in ORS 92.010 through 92.990. Applications to subdivide land
will be reviewed, in accordance with Woodburn Resolution #606
(Pre Application Conferences} , and ORS 92.044 ~l-C) .
_ Section 12. Action on Final Plats. A subdivision plat,
when ready for final approval prior to recording, shall be in
substantial accord with the approved preliminary plan. Before
approval by the Commission, there shall appear on the final
plat the signatures of the subdivider, all property owners,
City Engineer, mortgages, if any, and the signature and seal of
the registered professional engineer or registered land surveyor
responsible for the laying out of the subdivision. All signatures
shall be in black, reproducible ink. The final plat shall be
accompanied by two exact copies. If the Commission deems it
desirable, it may withhold approval of a plat until a field
check of the subdivision has been made.
Section 13. Time Limit for Record~.ng. Unless the
final plat is recorded by the first day of the seventh 7th}
month after the date of the final approval by the Commission, it
shall be resubmitted to the Commission, which may require changes
deemed necessary by the Commission because of changed conditions.
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Ordinance No. 1518
Section 14. Portions May be Recorded. If desired
by the subdivider, a portion of a subdivision plat may be recorded,
with the approval of the Commission.
Section 15. Partitioning 3 or Less Lots. An application
to partition shall be filed with the Commission. The Commission
may require compliance with the subdivision regulations and
standards if in the opinion of the Commission, it will ultimately
be possible to subdivide into more lots at a future date.
Partitioning plans shall include the following information and data:
(a} Description of the property;
(b) Location;
(c) Legal description;
(d) Zoning;
(e) Vicinity Map;
(f} Plat plan - 1" equals 200' scale;
(g} Names of owners, petitioner and engineer;
(h) Utilities;
{i} Intended uses;
{j) Any other information required by the Commission.
The application must be filed in complete and accurate form and
the fee paid 20 days prior to the meeting at which the request
is to be considered.
Section 16. Final Approval of a Partitioning. See
Section 5, Decision of the Commission.
Section 17. Park and Recreation Facilities.
(a) Areas Required. 6-1/4% of the gross area
of the subdivision shall be set aside and dedicated to
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Ordinance No. 1518
the~~public for parks and recreation purposes by the subdivider;
such area or parcel in either case shall be approved by the
Commission as being suitable and desirable for park and recreation
purposes.
(b) Payment in Lieu of Land. In the event there is no
no suitable and desirable park or recreational area in the proposed
subdivision, as determined by the Commission, then the subdivider
shall in lieu of setting aside land, pay into a park acquisition
and development fund a sum of money equal to 6-1/4% of the value
of the gross area of the subdivision. The value of the land
shall be determined from the most recent tax assessment by the
county or from the price paid for the land by the subdivider,
whichever is greater. The Commission may require a combination
of land and money, equal to 6-1/4% of the gross land area. The
sums so contributed shall be used with any other additional
funds available to secure or develop suitable areas for park
and recreational uses in the vicinity of the subdivision.
(c) Expenditure of Funds. Funds contributed in lieu
of park land shall be credited to a park acquisition and develop-
ment fund and deposited with the City Treasurer. Such funds may
be expended only on order of the Council for the purpose of
acquiring or developing land for park and recreational uses.
The Council will be guided in its decisions by the Master Park
Plan element of the Woodburn Comprehensive Plan.
(d) Approval of the Woodburn Recreation and Park Board.
The Commission shall not approve any area or parcel of land as
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Ordinance No. 1518
suitable and desirable for park and recreational uses without
first considering recommendations from the Woodburn Recreation
and Park Board. If no recommendation is received within 30 days
after written notification to the Park Board, the Commission may
proceed without further delay to decide the Park requirements
of the subdivision application.
{e) All land to be reserved for dedication to the City
for park or recreational purposes shall have tentative approval
by the Commission in the preliminary plan, and shall be shown
marked on the final plat "Dedicated for Park/Recreational Purposes".
(f) Deposit of Funds. The Commission shall require,
prior to final approval of the subdivision plat, that the applicant
deposit with the City Treasurer a cash payment in lieu of land
reservation if land is not required of the subdivider. A monthly
statement of the fund shall be forwarded to the Park Superintendent.
Section 18. Review by the Council. If the Council
elects to review a subdivision or partitioning, it shall do so
as described in Section 5 of this ordinance. If the Council
chooses not to review a subdivision, as described in Section 5,
then the Mayor shall sign the final plat (hardboard} within 30
days from the date of final approval by the Commission or 10
days after the Common Council chooses not to review the sub-
division whichever first occurs.
Section 19. Appeal to the Council. An appeal of a
decisior: of the Commission may be taken to the Council by anyone
aggrieved by such decision within 10 days from the date of the
mailing of the notice of the Commission's decision. The appeal
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Ordinance No. 1518
must be filed in writing with the City Recorder. The appeal
shall state the grounds relied on for the appeal.
Section 20. Ordinance No. 1066 of the City of Woodburn,
be, and the same is, hereby repealed.
Section 21. Emergency Clause. This ordinance being
necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist and this
ordinance shall take effect immediately upon passage by the
Council and approval of the Mayor.
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APPROVED : ~, ~~,,,~., .~~ ' -~~.,-z~-~.~.--c-
Ral E. Pickering, or
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the office of the Recorder
r-~ ..~
r
ATTEST : .~~ ; ~ ,,,;
Barney 0 B rris, Recorder
City of Woodburn, Oregon
June 21, 1976
June 21, 1976
June 21, 1976
June 21, 1976
Page 10 -Council Bill No. 249
Ordinance No. 1518
INDEX
FOR
SUBDIVISION ORDINANCE
PAGE
Section 1. Short Title -------------------------------------- 1
Section 2. Applicability ------------------------------------ 1
Section 3. Definitions -------------------------------------- l
Section 4. Planning Commission Approval Requirements ^------- i
Section 5. Decision of the Commission ----------------------- 2
Section 6. Intent and Purpose ------------------------------- 2
Section 7. Street Improvements ------------------------------ 3
Section 8. Improvement Agreement ---------------------------- 4
Section 9. Subdivider's Bond -------------------------------- 4
Section lO .Procedure for Subdividing into Four or more lots - 5
Section 11.Additional Standards --------------------- -------- 5
Section 12.Action on Final Plats -------------------- -------- 6
Section 13.Time limit for recording _________________ ________ 6
Section 14.Portions may be recorded ----------------- -------- 1
Section 15.Partitioning 3 or less lots -------------- -------- 7
Section 16.Final Approval of a partitioning --------- -------- 7
Section 17.Park and Recreation Facilities ----------- -------- 7
Section 18.Review by the Council -------------------- -------- 9
Section 19.Appea] to the Council -------------------- -------- 9
Section 20.Ordinance No. 1066 ----------------------- -------- 10
Section 21.Emergency Clause _________________________ ________ 10
(i)
I, BARNEY 0. BURRIS, Recorder of the City of Woodburn, do
hereby certify that I caused to be posted three copies of
Ordinance No. 1518, one of which said copies posted in the
City Hall on the bulletin board opposite the entrance to the
Recorder's Office, in full view of the traveling public;
a second one of said copies posted on the Woodburn Public
Library bulletin board at 280 Garfield Street, in full view
of the traveling public; a third one of said copies posted
on the Paul Sowa and Sons building at 182 Young Street, in
full view of the traveling public; that all of said places
are public places within the corporate limits of the City
of Woodburn and that all of said copies were posted on the
25th day of June 1976.
,; _ ,
Barn 0. urris, Recorder
City of Woodburn, Oregon
INDEX
FOR
WOODBURN PLANNING COMMISSION SUBDIVISION STANDARDS
PAGE
Section 1. Intent and Purpose ----------------------------- ------ 1
Section 2. Definitions ------------------------------------ ------ 1
Section 3. Improvement and Design Standards --------------- ------ 5
Section 4. Dedication of a Right-of-way ------------------- ------ 6
Section 5. Street Dedications by Subdividers -------------- ------ 6
Section 6. Dead-End Streets ------------------------------- ------ 7
Section 7. Intersection Angles ---------------------------- ------ 7
Section 8. Street Names ----------------------------------- ------ ~
Section 9. Grades and Curves ----^------------------------- ------ ~
Section iO.Streets adjacent to Railroad Right-of-way ------ ------ 8
ection 11.Marginal access streets ------------------------ ~_____ g
Section 12.Alleys ----------------------------------------- - ---- g
Section 13.Blocks and Lots --------------------------~______ _____ g
Section 14.Curved front lot lines -------------------------- ----- 10
Section 15.Building lines along streets --------®-------~--_ _____ 10
Section i6.Access -------------------------------------- --- --- - 10
Section 17.Public Survey monuments ------------------------- ----- 10
Section l8.Sewage Disposal -- ----------- -__-___-_______~_ ____ 10
Section 19.Water Supply -- --__-__ _-- -_ -_---_-~~_--- -_ .-_- 11
(ii ~
PAGE
Section 20.Easements ------------------------------------- ---- 11
Section 21.Underground ----------------------------------- ---- 11
Section 22.Improvements ---------------------------------- ---- 12
Section 23.Improvement Requirements ---------------------- ---- 13
Section 24.Informational Public Hearing ------------------ ---- 16
Section 25.Consideration for Denial ---------------------- ---- 16
Section 26.Copies of a recorded plat to be furnished ----- -r-- 16
Section 27.Variances to the regulations __________________ ____ 17
Section 28.Review of denial of variance ------------------ ---- ll
~i,ii)
WOODBURN PLANNING COMMISSION
SUBDIVISION STANDARDS
SECTION 1. INTENT AND PURPOSE
The purpose of these standards is to establish requirements for the sub-
dividing or partitioning land consistant with the ordinances and policies
of the City of Woodburn and the Oregon Revised Statutes regarding land
development.
The intent of these standards is to provide a consistant guideline for
the development of lands within the City in order to protect the public
health, safety, peace and general welfare of the citizens, and further
provide fora permanently wholesome community environment, adequate
municipal service, pleasant surroundings and safe streets. The Commission
may, with Council concurrence, by a majority vote, amend, delete or
expand these standards as policies and conditions warrant.
SECTION 2. DEFINITIONS
For the purpose of this ordinance, words used in the present tense include
the future, the singular includes the plural and the term "this ordinance"
shall be deemed to include all amendments made hereto.
A. BLOCK. An area or tract of land bounded by one or more streets in a
subdivision.
B. BUILDING LINES. The lines indicated on the subdivision plat, or
otherwise described in the Woodburn Zoning Ordinance for each zone,
limiting the area upon which structures may be erected.
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C. COMMISSION. The term "Commission" shall mean the Woodburn Planning
Commission.
D. COMPREHENSIVE PLAN. The plan adopted by the Common Council for
guidance of growth and development of the City, including modifica-
tions, additions or amendments which may be made from time to time.
E. CONTIGUOUS. The term "contiguous" shall mean all lots, tracts or
parcels of land under single ownership being in actual contact,
adjoining, or touching, except those lots, tracts or parcels of
land divided by a controlled access highway.
F. CURBLINE. The line indicating the edge of the vehicular roadway
within the overall right of way.
G. DEVELOPMENT PLAN. Any plan adopted by the Planning Commission for
the guidance of growth and improvement of the City and within the
area of planning jurisdiction or any portion thereof. The Planning
Commission may make adjustments in any such plan from time to time
to meet unanticipated problems and conditions affecting the public
or land owners.
H. EASEMENT. The grant of a right of use across or through a block,
lot or tract of land.
I. FLOOD PLAIN. The area designated on the flood plain map as being
subject to inundation.
J. LOT. A unit or tract of land within a block created by a subdivision
of land hand having a frontage upon a street}.
1. Corner Lot. A lot or portion of a lot situated at the inter-
section of two or more streets.
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2. Through Lot. A lot having frontage on two parallel or approximately
parallel streets.
3. Flag Lot. A lot having a narrow street frontage with a larger
developable portion of land set back from the street frontage.
K. PEDESTRIAN WAY. Aright of way through a block to facilitate pedestrian
access to adjacent streets and properties.
L. PARTITIONING. Creation of three or less lots.
1. Minor Partitioning. Division of a parcel of land into 3 or less
lots without creating a roadway.
2. Major Partitioning. Division of a parcel of land into 3 or less
lots whereby a roadway is created.
M. PLAT. The map, drawing or chart or other writing containing all the
descriptions, locations, specifications, dedications, provisions,
conditions and information concerning a subdivision, to be presented
for approval in its final form.
N. RIGHT-OF-WAY. The area between the boundary lines of a street or
other easement.
0. ROADWAY. The portion or portions of a street right-of-way available
for vehicular traffic.
P. RESERVE BLOCK. A strip of land, usually one foot in width, reserved
along or across the edge of a street or alley for future street
extension.
Q. SHALL. The term "Shall" means mandatory.
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R. STREET. The entire width between the boundary lines of every way
which provides for public use for the purpose of vehicular and
pedestrian traffic including the placement of utilities.
1. Major Arterial. A street of considerable continuity which is
primarily a traffic artery for intercommunication among large
geographical areas.
2. Minor Arterial. A traffic artery for intercommunication between
large geographical areas.
3. Major Collector. A street accumulating traffic from minor collectors
and residential streets and routing it to minor or major arterials.
4. Minor Collector. A street accumulating traffic from primarily
residential streets and connecting to a major collector or arterials.
5. Residential Street. A street used exclusively for access to
abutting properties.
6. Cul-de-sac. A short, dead-end street with a vehicular turnaround
at or near the dead-end.
7. Dead-end Street. The same as cul-de-sac, which may at a future date
be extended, with na turn-around at the dead-end.
8. Half Street. A portion of the ultimate street width, not acceptable
as a standard street.
9. Alley. A narrow street through a block, usually for service access
to the back side of properties.
10. Pedestrian Way. Right-of-way through a block to facilitate
pedestrian access to adjacent streets and properties. ~3-K)
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S. SIDEWALK. A pedestrian way with permanent surfacing built to city
standards.
T. SUBDIVIDE LAND. To divide an area or tract of land into four ~4)
or more lots within a calendar year when such area or tract of land
exists as a single unit or contiguous units of land under a single
ownership at the beginning of such year.
U. SUBDIVIDER. A person who undertakes to subdivide land.
V. VICINITY MAP. A drawing or diagram, to scale, showing the location of
a proposed partitioning or subdivision in relation to abutting pro-
perties, major streets and other known landmarks.
SECTION 3. IMPROVEMENT AND DESIGN STANDARDS
The quality of all improvements installed by the subdivider either as
a requirement of City regulations or at his own option, shall be in
conformity with the standards of the City and subject to the approval
of the City Engineer. The subdivision shall be substantially in con-
formity with any development plans or preliminary plans made in anticipation
thereof and in conformity with the requirements of State laws and standards.
A. STREET STANDARDS. The location, width and grade of all streets shall
be considered in their relation to existing and planned streets, to
topographical conditions, to public convenience and safety, and in
their appropriate relation to the proposed use of the land to be
served by such streets. Where location is not shown in a development
plan, the arrangement of streets in a subdivision shall either:
1. Provide for the continuation or appropriate projection of existing
principal streets in surrounding areas; or
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2. Conform to a plan for the neighborhood approved or adopted by the
Planning Commission to meet a particular situation where topographical
or other conditions make continuance or conformance to existing streets
impractical.
B. MINIMUM RIGHT-OF-WAY WIDTHS.
Right-of-way
1. Major Arterials 100 feet
2. Minor Arterial and Major Collectors 80 feet
3. Minor Collector and Residential 60 feet
4. Cul-de-sac 50 feet
Curb to curb
36 feet
36 feet
36/34 feet
30 feet
5. Cul-de-sac Turn-around 45 feet radius 40 feet radius
6. Alley 20 feet 20 feet
C. ADDITIONAL RIGHT OF WAY WIDTHS
Where topographical requirements necessitate either cuts or fills for
the proper grading of the streets, additional right-of-way width may
be required to allow all cuts and fill slopes to be within the right-of-way.
SECTION 4. DEDICATION OF A RIGHT-OF-WAY
If a parcel of land to be subdivided or partitioned includes a portion
of a right-of-way, highway, or road, the location of which has been determined,
the subdivider shall dedicate such right-of-way for the purpose or use
proposed.
SECTION 5. STREET DEDICATIONS BY SUBDIVIDER
No subdivider shall be required to dedicate more than 25 per cent of the
total land area of a subdivision for street purposes when any of the
streets within the subdivision are required by the commission to be in
excess of 60 feet in width or more than 30 feet from the center line of
a half street.
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.SECTION 6. DEAD-END STREETS
When it appears necessary to continue a street into a future subdivision
or adjacent average, streets shall be platted to the boundary of a sub-
division without a turnaround. In all other cases a dead-end street shall
have a minimum turnaround radius of not less than 45 feet.
SECTION 7. INTERSECTION ANGLES
Streets shall be laid out to intersect at angles as near to right angles
as practical, but in no case less than 60 degrees unless there is a
special intersection design that is acceptable to the City Engineer.
Streets shall have at least 50 feet of tangent adjacent to the inter-
section unless topography requires a lesser distance. Intersections
which are not at right angles shall have a minimum corner radius of
15 feet along the right-of-way lines of the acute angle. All right-of-
way lines at intersections with arterial streets shall have not less
than 20 feet on a corner radius.
SECTION 8. STREET NAMES
No street names shall be used which will duplicate or be confused with
the names of existing streets, except for the extension of existing
streets. Street names and numbers shall conform to the established
system of the City and shall be subject to review by the Planning Commission.
SECTION 9. GRADES AND CURVES
Grades shall not exceed 8 per cent unless the Commission finds that
because of topographic conditions a steeper grade is necessary. In
flat areas, allowance shall be made for finished street grades having
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minimum slops of one-half percent unless allowed by City Engineer. Center-
line radius of curves shall not be less than 300 feet on major arterials,
200 feet on minor arterials, and 100 feet on all other streets.
SECTION 10. STREETS ADJACENT TO RAILROAD RIGHT-OF-WAYS
In the event the proposed subdivision contains or is adjacent to a
railroad right-of-way, provision shall be made fora street approximately
parallel to and on each side of such right-of-way at a distance suitable
for the appropriate use of the land between such streets and the railroad.
SECTION 11. MARGINAL ACCESS STREETS
Where a subdivision abuts or contains an existing or proposed arterial
street, the Planning Commission may require marginal access streets,
reverse frontage lots with suitable depth, screen planting contained in
a non-access reservation along the rear property line, or such other
treatment as may be necessary for adequate protection of residential
properties and to afford separation of through and local traffic.
SECTION 12. ALLEYS
A. LOCATION. Alleys shall be provided in commercial and industrial
districts, unless other permanent provisions for access to off-street
parking and loading facilities are made as approved by the Planning
Commission.
B. INTERSECTIONS. Al]ey intersections and sharp changes in alignment
shall be avoided; but where necessary, corners shall be cut off
sufficiently to permit safe vehicular movement.
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SECTION 13. BLOCKS AND LOTS
A. BLOCKS. The length, width and shapes of blocks shall be designed with
due regard to provide adequate building sites suitable to the special
needs of the type of use contemplated, needs for convenient access, circula-
tion, control and safety of street traffic and limitations and opportunities
of topography. Blocks shall not exceed 1200 feet in length, except blocks
adjacent to arterial streets or unless the previous adjacent layouts Or
topographical conditions justify a variation. The recommended minimum
distance between intersections of arterial streets is 1800 feet.
B. LOTS. All lots shall have a minimum size of the zoning district in
which they are located. In cul-de-sacs the minimum lot line fronting
the turnaround shall be 40 feet, and in the case of a curved lot line
where the radius of curvature is 100 feet or less, the minimum lot line
fronting that curative shall be 40 feet, and in no cases shall the lot
width be less than 60 feet at the building line. If topography, drainage,
or other conditions justify, the Commission may require a greater area on
any or all lots within a subdivision. The minimum size for various types
of lots shall be as given in the following table:
Tv n r n r 1 nT IlA T AI T 11AI l~A I.I T f1Tl l
Corner Lot 80 feet
Interior Lot (.Fronting one streets 60 feet
Flag Lot 30 feet
Double Frontage (Fronting two streets) 60 feet
Reverse Frontage 60 feet
Corner lots for residential use shall have a minimum frontage an the
street of 80 feet.
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SECTION 14. CURVED FRONT LOT LINES
When front lot lines are on a curve or arc, the front line shall be
indicated on the final plat by bearing and chord distance.
SECTION 15. BUILDING LINES ALONG STREETS
The final plat ready for recording shall indicate building lines on each
block of a subdivision. Unless otherwise approved because of topographic
or other unusual conditions, minimum building lines shall be set by the
zoning in which the subdivision is located (Zoning Ord. 1344).
SECTION 15. ACCESS
The subdividing of the land shall be such that each lot shall abut on a
public street.
SECTION 17. PUBLIC SURVEY MONUMENTS
Any donation land claim corner or section corner, or other offical survey
monument, within or on the boundary of a proposed subdivision shall be
accurately referenced to at least two monuments.
SECTION 18. SEWAGE DISPOSAL
Unless otherwise approved, all lots shall be serviced by the City's sewage
system. When the Commission determins, with the City Engineer, that due
to topography, location or other reasons, it is impractical or untimely
• to extend the sewage system to an area, then other disposal means may be
sought. Each lot will be provided with a sewage system designed to
connect to the City system when City services are available in this area.
If sub-surface disposal systems are proposed, they must be approved by
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the County Health Department and the State Department of Environmental
Quality prior to final approval of the plat. If a city sewage system
is located with 200 feet of a proposed subdivision, the subdivision shall
be connected to the city system.
SECTION 19. WATER SUPPLY
All lots and fire hydrants shall be served from an established public
water system.
SECTION 20. EASEMENTS
A. UTILITY LINES: Easements for sewers, watermains, electric lines and
other public utilities shall be dedicated by the subdivider whenever
necessary.
B. WATER COURSES: If a subdivision is traversed by a water course such
as a drainage way, channel, or stream, there shall be provided a storm
water easement or drainage right-of-way conforming substantially with
the lines of the water course, and such further width as will be
adequate for the purpose of the waterway.
C. PEDESTRIAN WAYS: When desirable for public convenience pedestrian
ways may be required to connect cul-de-sac's or to pass through long
or oddly shaped Blocks.
SECTION 21. UNDERGROUND UTILITIES
All permanent utility service to lot in a subdivision within an established
urbanizing area shall be provided from underground facilities and no
overhead utility service to a subdivision shat] be permitted. The subdivider
shall be responsible for complying with the requirements of this section
and shall:
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1. Obtain a permit from the Director of Public Works for placement of
all underground utilities.
2. Make all necessary arrangements with utility companies and others
affected by the under-grounding.
3. Provide an easement for under-ground utilities and indicate their
location on the final plat. Such easements shall be a minimum of ten
feet in width and when possible, centered on a bordering lot line.
SECTION 22. IMPROVEMENTS
In addition to other requirements, the improvements specified in Section 23
shall conform to the requirements of this ordinance and improvement standards
or specifications adopted by the City and appropriate State agency and shall
be installed in accordance with the following procedures:
1. Work shall not be commenced until plans have been reviewed for adequacy
by the City and the appropriate State agency, if any, to the extent
necessary for evaluation of the subdivision proposal. The preliminary
engineering plans may be required before approval of the fins] plat.
All plans shall be prepared on tracing paper or cloth in accordance
with requirements of the City.
2. Work shall not be commenced until the City has been notified in
advance. If work has been discontinued for more than 60 days for
any reason, it shall not be resumed until the City has been notified.
3. Required improvements shall be inspected by and constructed to the
satisfaction of the City. The City may require changes in typical
sections and details if unusual conditions arising during construction
warrant such change in the public interest.
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4. Underground utilities, sanitary sewers and storm drains installed in
streets by the subdivider shall be constructed prior to the surfacing
of the streets. Stubs for service connections for underground utilities
and sanitary sewers shall be placed to lengths that will obviate the
necessity for disturbing street improvements when service connections
are made.
5. A map showing public improvements as built shall be filed with the
City Engineer upon completion of the improvements.
SECTION 23. IMPROVEMENT REQUIREMENTS
Improvements to be installed at the expense of the subdivider shall be
as follows:
1. STREETS. Streets, except alley ways, within or partially within the
subdivision, and the extension of such streets to the paving line of
existing streets with which such streets intersect shall be improved
to the following minimum standards:
A. The street shall be brought to proper grade, including portions
outside the roadway where necessary to serve pedestrians, to
protect the roadway, or to serve abutting property.
6. Standard City concrete curbs and gutters shall be constructed
along the edge of the roadway, curb ramps wil] be constructed
according to City specifications.
C. Roadway base and concrete or A C surfacing of sufficient width
to meet required street design shall be installed to the design
standards adopted by the City.
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D. Sidewalks five feet wide sha11 be constructed along the right-of-way
to provide for pedestrian safety.
2. MONUMENTS
A. Permanent iron pipe monuments of a type approved by the City shall
be set at each boundary corner of the subdivision, along exterior
boundaries at intervals of not over 500 feet, at the beginning and
end of property line curves and at other points as may be required
by the City.
B. The exact location of all monuments shall be shown on the final plat
before approval.
C. All monuments shall be placed by the subdivider.
D. Field notes showing references, ties, location and elevation relating
to monuments and bench marks shall be submitted to and retained by
the Gity as a permanent record.
3. REIMBURSEMENT ON P. W. IMPROVEMENTS
A. The developers will provide all the necessary water, sewer, street
and light services to the-development at their cost. All improve-
ments shall meet.the specifications of the City of Woodburn. If
more than non-reimburseable size improvements, as listed below, are
required by the City Engineer, the City will reach an agreement
with the developer on the reimbursement policy.
TYPE OF IMPROVEMENT NON-REIMBURSEABLE SIZE
Storm Drain Pipe 18" Pipe or Less
Sewer Pipe 12" Pipe or Less
Water Pipe 12" Pipe or Less
Street 34 Feet (and all vehicle turning}
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B. The reimbursement policy, to be selected and implemented by the
City Engineer, shall be as follows:
1. The City may reimburse the additional cost incurred by the developer
for the size of improvement which is over and above the non-reimburse-
able size and over and above the size of improvement needed for the
development alone.
a. Under normal circumstances only the cost of additional materials
will be reimburseable.
b. Under unusual circumstances or when the required improvement is
1 1/2 times the non-reimburseable size, some compensation for add-
itional labor cost may be made as determined by the City Engineer.
(OR}
2. The City may develop an assessment district and require the benefited
property owners to pay their share of the cost of improvement. To
make the project more attractive to the benefited property owners,
the developer may reduce the fair share cost of the benefited pro-
perties by assuming a higher proportion of the project cost. However,
fora particular project in a period of one year, only one assessment
district can be presented to the Common Council. This rule will not
apply if the majority of the benefited property owners request for
consideration by a petition. NOTE: 1} Normal assessment procedures
to be followed, (2} If the assessment procedures are started at
at the request of a developer and the Common Council does not accept
the assessment district, then the developer shall pay the costs
associated with the assessment procedures.
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~oR)
3. The developer and the City Engineer may develop an agreement
having the beneficial features of all the above policies. This
agreement is to be subject to the approval of the Common Council.
4. All administrative costs will be born by the developer.
5. In the event the developer does not agree with the selection
and plan of implementation, he may appeal to the City Administrator.
SECTION 24. INFORMATIONAL PUBLIC HEARING
If in the judgment of the Planning Commission, the proposed subdivision
would have a major impact on the neighborhood or surrounding area, an
information public hearing will be held to allo~r any a~ndividual or group
to present its objections or support of the proposed subdivision. The
subdivider will provide the Commission with a list of affected residents
within 200 feet of the proposed subdivision.
SECTION 25. CONSIDERATION FOR DENIAL
When it is considered by the Commission that a subdivision or partitioning
is not in accordance with the intent and provisions of the City's Compre-
hensive Plan, or that it appears that such a subdivision or partitioning
cannot meet the intent and regulations set forth in this ordinance, the
Commission shall deny the proposal.
SECTION 26. COPIES OF A RECORDED PLAT TO EE FURNISHED
Within ten days after the recording of a subdivision, the owner or his
representative shall furnish the Commission three prints made from the
reproduction of the recorded plat. One copy to be filed with the City
Engineer, one copy to be filed with the Commission, and one copy to be
filed with the City Recorder
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SECTION 27. VARIANCES TO THE REGULATIONS
The Commission may consider a variance of any requirement set forth in
these standards, upon application by the subdivider. The basic consi-
derations for granting a variance will be proof that:
1. Special conditions or circumstances peculiar to the property under
consideration make a variance necessary.
2. That the variance is necessary for the proper development of the
subdivision and the preservation of property rights and values.
3. That the variance will not be present or hereafter be detrimental to
the public welfare or injurious to other properties or persons
adjacent to or in the vicinity of the proposed subdivision.
Consideration fora variance from these regulations shall be based upon
a written statement by the subdivider in which is given complete details
of consideration and reasons why a specific variance should be granted.
A request fora variance from these regulations shall be filed with the
Commission prior to presentation of the final plat for approval. No
variance will be considered after a plat has been recorded.
SECTION 28. REVIEW OF DENIAL OF VARIANCE
Any person applying fora variance of any provision of this ordinance
whose application is denied may have a review of such denial by the
Commission and/or City Council by filing a written request for review
with the Commission and/or City Council within 10 days after notice
has been mailed to the applicant of the denial of the request for
variance. A written statement of the grounds upon which a review is
requested will be presented by the subdivider to the City Council.
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