Loading...
Ord 2076 - Subdivision & Part La ...... COUNCIL BILL NO. 1365 ORDINANCE NO. 2076 AN ORDINANCE RELATING TO THE SUBDIVISION AND PARTITIONING OF LAND IN THE CITY OF WOODBURN; REPEALING ORDINANCE 2051; AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Short Title: This ordinance may be cited as the "Subdivision Ordinance of the City of Woodburn, Oregon." Section 2. Applicabilitv: The provisions of this ordinance shall apply to all lands within the City of Woodburn or hereinafter annexed to the City. Section 3. Definitions: (A) Commission: Wherever the tern "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 City Council of the City of Woodburn. Section 4. 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 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 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 listed above, further standards and changes in the proposed subdivision may be required of the developer. COUNCIL BILL NO. 1365 ORDINANCE NO. 2076 SUBORD.BS/bw 1 -. '"~~.__...,"-_._-"._-------' -.. Section 5. Plannina Commission Approval Reauired (A) As authorized by ORS Chapter 92 and ORS Chapter 227 all subdivision and partition plats and all streets 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 approved by said Commission. A person desiring to subdivide or partition land shall submit tentative plans and final documents for approval as provided in this ordinance, State law and the standards and procedures set out by the Commission. (B) A public hearing shall be held on all subdivision tentative plans, and partitions involving creation of a road. The hearing shall be conducted and notice posted in accordance with Chapter 7 of the Woodburn Zoning Ordinance. The notification area for a subdivision shall be 250 feet and the notification area for a partition shall be 100 feet. Section 6. Decision of the Commission. The Commission shall render its decision on a tentative subdivision or partition involving creation of a road and provide notice of the decision and conditions of approval to the petitioner and the City 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. All further proceedings shall be deferred until a decision is rendered by the Council. Section 7. Review bv the Council. If the Council elects to review a preliminary subdivision or partition plan, it shall do so as described in Section 6 of this ordinance. If the Council chooses not to review a subdivision or partition plan as described in Section 6, then the Commission's president may sign the final plat (hardboard) within 30 days from the date of preliminary approval by the Commission or 10 days after the City Council chooses not to review the subdivision, whichever occurs first. Section 8. Appeal to the Council. An appeal of a decision of the Commission on a tentative plan 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 shall state the grounds relied on for the appeal. Section 9. Subdivision Standards. To implement the requirements of this ordinance, the Council adopts the subdivision standards document, which is attached hereto and, by this reference incorporated herein. COUNCIL BILL NO. 1365 ORDINANCE NO. 2076 SUBORD.BS/bw 2 -- Section 10. Repeal. Ordinance 2051 is hereby repealed. Section 11. Emeraencv 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_ approved by the Mayor. ~~~ Approved as to form: ' City Attorney / LZ'l'12 , Date APPROVED: 1; Fred W. Kyser, Mayor Passed by the Council January 27, 1992 Submitted to the Mayor January 28, 1992 Approved by the Mayor January 28, 1992 Filed in the Office of the Recorder January 28, 1992 ATTEST: 11(t~~ Mary Ten nt, City Recorder City of Woodburn, Oregon COUNCIL BILL NO. 1365 ORDINANCE NO. 2076 SUBORD.BS/bw 3 _.. .._-,.,-~_.._,- ... "..... INDEX SECTION TITLE 1 CHAPTER I DEFINITIONS Definitions 2 3 4 5 CHAPTER II REVIEW PROCESS Planning commission Approval Decision of The commission Review by Council Appeal to council 6 CHAPTER III PROCEDURES Requisites for Approval of Tentative Subdivision, Partition, Plat or Replat Procedures for Subdivisions Procedures for Partitions Procedure for Property Line Adjustments Action on Final Plats Time Limits for Final Subdivision and Partition Plat Approvals 7 8 9 10 11 12 13 14 15 16 17 18 CHAPTER IV DESIGN Street Standards Blocks and Lots Easements Underground utilities Improvements Improvement Requirements Monuments 19 20 CHAPTER V ADDITIONAL STANDARDS Parkland Dedication Variances to Regulations subdivrv.bs/bw PAGE 1 4 4 4 5 6 8 8 9 10 10 11 13 14 14 15 15 16 17 17 ....." WOODBURN PLANNING COMMISSION SUBDIVISION STANDARDS INTENT AND PURPOSE: The purpose of these standards is to establish requirements for the subdividing or partitioning land consistent 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 consistent 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 for a permanently wholesome community environment, adequate municipal service, pleasant surroundings and safe streets. subdivrv.bs/bw - " ." ,,-.- "--,'" SECTION 1. subdivrev.bs/bw -- .~_..,----~-<-. .. A. B. C. ......, CHAPTER I DEFINITIONS D. 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. BLOCK: An area or tract of land bounded by one or more streets in a subdivision. 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. COMMISSION: The term "Commission" shall mean the Woodburn Planning commission. CURBLINE: The line indicating the edge of the vehicular roadway within the overall right-of- way. EASEMENT: The grant of a right of use across or through a block, lot or tract of land. LOT: A unit of land that is created by a sub- division of land: (See Diagram 1) (1) Corner Lot: A lot or portion of a lot situated at the intersection of two or more streets. (2) Throuqh Lot: A lot having frontage on two parallel or approximately parallel streets. (3) Flaq Lot: A lot having a narrow street frontage with a larger developable portion of land set back from the street frontage. PEDESTRIAN WAY: A right of way through a block to facilitate pedestrian access to adjacent streets and properties. PARTITION LAND. Creation of two or three parcels in one calendar year. PROPERTY LINE ADJUSTMENT. Relocation of a common property line between two abutting properties where an additional unit of land is not created and where the existing unit of land reduced in size by the E. F. G. H. 1. 1 subdivrev.bs/bw -.-- ~'----.-~".--"---..._--~ J. K. L. M. "" adjustment complies with the Woodburn zoning Ordinance. PLAT: Includes a final subdivision plat, replat or partition plat. RIGHT-OF-WAY: The area between such improvements as the right-of-way boundaries which includes streets, curbs, sidewalks and water, sewer, storm drains and other public utilities. (See Diagram 2) ROADWAY: The portion or portions of a street right-of-way (of improved surface) for vehicular traffic. 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) Maior Arterial: A street of considerable continuity which is primarily a traffic artery for intercommunication among large geo- graphical areas. (2) Minor Arterial: communication A traffic artery for inter- between large geographical N. areas. (3) Maior Collector: A street accumulating traffic from minor collectors and resi- dential 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. (See diagram 3) (5) Residential Street: A street used exclu- sively for access to abutting properties. (6) Cul-de-sac: A short, street with a vehi- cular turnaround. (7) Dead-end Street: A street, which shall, at a future date, be extended. (8) Half Street: A portion of the ultimate street width. (9) Allev: A service access through a block to the back side of properties. SIDEWALK: A pedestrian way with permanent sur- 2 subdivrev.bs/bw o. P. '"' facing built to city standards. (See Diagram 4 and 4A) 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. REPLAT: Act of platting the lots, parcels and easements in a recorded subdivision or partition plat to achieve a reconfiguration of the existing subdivision or partition plat or to increase or decrease the number of lots in the subdivision. 3 _. ....~,---~,-_.,"-_.-._--'*---_.- SECTION 2. SECTION 3. SECTION 4. subdivrev.bs/bw --. --..-...--.-------....--- ...... CHAPTER II REVIEW PROCESS PLANNNING COMMISSION APPROVAL REOUIRED: (A) As authorized by ORS Chapter 92 and ORS Chapter 227 all subdivision and partition plats and all streets inside the city and within the city's area of jurisdiction shall be approved by the COIlUl\ission only in accordance with those statutes, Woodburn ordinances, and such standards and procedures approved by said commission. A person desiring to subdivide or partition land shall submit tentative plans and final documents for approval as provided in this ordinance, State law and the standards and procedures set out by the cOIlUl\ission. (B) A public hearing shall be held on all subdivision tentative plans, and partititons involving creation of a road. The hearing shall be conducted and notice posted in accordance with Chapter 7 of the Woodburn Zoning Ordinance. The notification area for a subdivision shall be 250 feet and the notification for a partition shall be 100 feet. DECISION OF THE COMMISSION: The cOIlUl\ission shall render its decision on a tentative subdivision or partition involving creation of a road and provide notice of the decision to any person who, in writing, requested such notification before the decision was rendered. The Council may call up any action of the cOIlUl\ission for review. Such acation of the Council shall be taken within 30 days of the notice of the decision of the cOIlUl\ission. All further proceedings shall be deferred until a decision is rendered by the Council. REVIEW BY THE COUNCIL: If the Council elects to review a preliminary subdivision or partition planm it shall do so as described in section 6 of this ordinance. If the 4 SECTION 5. subdivrev.bs/bw 1 ~- council chooses not to review a subdivision or partition plan as described in section 6, then the commission's president may sign the final plat (hardboard) within 30 days from the date of preliminary approval by the commission or 10 dyas after the city council chooses not to review the subdivision, whichever occurs first. APPEAL TO THE COUNCIL: An appeal of a decision of the Commission on a tentative plan may be taken to the Council by anyone aggreived by such decision within 10 days from the date of the mailing of the notice of the commission's decision. the appeal shall state the grounds relied on for the appeal. 5 SECTION 6. subdivrev.bs/bw , c.., CHAPTER III PROCEDURES REOUISITES FOR APPROVAL OF TENATIVE SUBDIVISION OR PARTITION PLANS. PLATS OR REPLATS (1) The City shall not allow the duplication of subdivision name unless the contiguous property becomes that name. All subdivision plats shall maintain consecutive lot numbers. (2) No tentative plan for a proposed subdivision and no tentative plan for a proposed partition and replat shall be approved unless: (a) The streets and roads are laid out so as to conform to the plans of subdivisions and partitions already approved for adjoining property as to width, general direction and in all other respects unless the city or County determines it is in the public interest to modify the street or road pattern. (b) Streets and roads held for private use are clearly indicated on the tentative plan and all reservations or restriction relating to such private roads and streets are set forth thereon. (c) The tentative plan complies with the applicable zoning ordinances and regu- lations and the ordinances or regulations adopted under ORS 92.044 that are then in effect for the city. (3) No final plat of a proposed subdivision or partition or replat shall be approved unless: (a) Streets and roads for public use are dedicated without any reservation or restriction other than reversionary rights upon vacation of any such street or road and easements for public utilities. (b) Streets and roads held for private use and indicated on the tentative plan for such subdivision, partition or replat have been approved by the city. 6 ..- (c) The subdivision, partition plat or replat complies with any applicable zoning ordinances and regulations and any ordinance or regulation adopted under ORS 92.044 that are then in effect for the city. (d) The sUbdivision, partition plat or replat is in substantial conformity with the provisions of the tentative plan for the subdivision or partition, as approved. (e) The sUbdivision, partition plat or replat contains a donation to the public of all common improvements, including but not limited to streets, roads, parks, sewage disposal and water supply systems, the donation of which was made a condition of the approval of the tentative plan for the SUbdivision, partition or replat. (f) Explanations of all common improvements required as conditions of approval of the tentative plan of the subdivision, partition or replat have been recorded and referenced on the subdivision, partition plat or replat. (4) No plat of a subdivision or replat shall be approved by the city unless the city has received and accepted a bond or contract that a domestic water supply and sewage disposal system will be installed by or on behalf of the subdivider to the lot line of every lot depicted in the proposed subdivision plat or replat; and the amount of any such bond, contract or other assurance by a registered professional engineer, subject to any change in such amount as determined necessary by the City. (5) 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. (6) The subdividing of the land shall be such that each lot shall abut on a public street. subdivrev.bs/bw 7 _,._,.,,_~_'~_,m_.____~_~ SECTION 7. A. SECTION 8. subdivrev.bS/bw -", _..".._...._~...-_.,._~_._"~'~. '~'- PROCEDURE FOR SUBDIVISIONS: Tentative plans for subdivisions shall include the following information: (1) Procedure for subdividing into four or more lots: (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 1" equals 200' . (d) Names and addresses of all landowners within 250 feet of the subject property line of the proposed subdivision. (e) Diagram of the water system. (f) Diagram of the sewage and storm drain system. (g) Diagram of the streets and sidewalks system. (h) Legal description on the subject property. (i) Name of proposed street(s). (j) Lot number(s). (k) Identify all easements, parkland dedication, and private utilities. PROCEDURES FOR PARTITIONS: A. Tentative plans for partitions shall include: vicinity map Legal description of the subject property. Names of all property owners within 100 feet. Diagram of all public and private utilities and easements. Partition plan outlining sizes and dimensions of the proposed parcels. Any other information so required by the Planning Staff. Identify all streets to be dedicated. 8 SECTION 9. subdivrev.bs/bw .- B. In addition to the improvements required in Subsection "A" of this ordinance and by the Commission pursuant to its standards, the Commission shall require of the development 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 provisions for transportation, water supply sewer facilities, drainage, education and recreation. The Planning Director shall have the authority to approve, deny or approve with conditions plans for replats and partitions not involving creation of a road. The decision shall not become effective until the Planning Commission has reviewed the application at its regularly scheduled meeting. The notice of the decision shall be sent to the applicant. C. 1. 2. 3. PROCEDURE FOR PROPERTY LINE ADJUSTMENTS: A. Plans for property line adjustments shall include the following information: 1. Vicinity Map 2. Legal description of the property. 3. Map indicating clearly the proposed property line adjustment. 4. Diagram of all public and private utilities. 5. Any other information so required by the planning staff. B. Adjusted property line shall be surveyed and monumented when both parcels affected are not greater than 10 acres. C. 1. The Planning Director shall have the authority to approve, deny or approve with conditions plans for property line adjustments. 9 .- ---,.-".-- -.--.'r"".'---.----..---- SECTION 10. SECTION 11. subdivrev.bs/bw - 2. The decision shall not become effective until the Planning Commission has reviewed the application at its regularly scheduled meeting. 3. The notice of the decision shall be sent to the applicant. ACTION ON FINAL PLATS: A subdivision and partition plat, when ready for final approval prior to recording, shall be in substantial accord with the approved tentative plan. Before approval by the Planning commission, there shall appear on the final plat the signatures of the subdivider, all property owners, city engineer, 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 Planning commission deems it desirable, it may withhold approval of a plat until a field check of the subdivision has been made. TIME LIMITS FOR FINAL SUBDIVISION AND PARTITIONS PLAT APPROVAL: Final plat must be submitted within one year of tentative approval by the Planning commission. 10 SECTION 12. subdivrev.bs/bw A. -- CHAPTER IV DESIGN STREET 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 conformity with any development plans or preliminary plans made in anticipation thereof and in conformity with the requirements of State laws and standards: GENERAL 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 appro- priate projection of existing principal streets in surrounding areas; or (2) Conform to a plan for the neighborhood approved or adopted by the Planning Com- mission to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impractical. (3) Where conditions prevail that would call for a street of less than 34 feet width on street parking be restricted to only one side of the street. B. MINIMUM RIGHT-OF-WAY WIDTHS: Right- Of-Way 100 ft. Curb To Curb 36 ft. 1. Major Arterials 2. Minor Arterial and 11 subdivrev.bslbw -- *-----_._-------~ C. D. - 80 ft. 36 ft. E. Major Collectors 3. Minor Collector and Residential 4. Cul-de-sac street 5. Cul-de-sac (Radius) 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 shall be (i.e.) reviewed to allow all cuts and fill slopes to be within the right-of-way. 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. CUL-DE-SAC STANDARDS: Cul-de-sac streets shall not be permitted unless a loop or through street developments would not be practical. If permitted cul-de-sacs shall be no more than 250 feet deep from right-of-way intersection to end of right-of-way. (See Diagram 60 50 55 ft. ft. ft. 36j34ft. 30 ft. 50 ft. F. 5) 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 intersection 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. (See Diagram 6) STREET NAMES: No street names shall be used which will duplicate G. 12 H. SECTION 13. A. subdivrev.bs/bw - 1. 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. GRADES AND CURVES: Grades shall not exceed 8 percent 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 minimum slopes of one-half percent unless allowed by city Engineer. Centerline 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. 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 for a 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. BLOCKS AND LOTS: 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, circulation, control and safety of street traffic and limitations and opportunities of topography. Blocks shall not exceed 1,200 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 1,800 feet. 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 curvature shall be 40 feet), and in (no cases B. 13 SECTION 14. A. B. C. SECTION 15. subdivrev.bs/bw "., , --....-...,. ~....~. ~-~-_.....----......--..",~-~- ..... shall the lot width be less than 60 feet at the buildinq 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. TYPE OF LOT MINIMUM WIDTH Corner Lot 80 feet Interior Lot (fronting one street) Flag Lot Double Frontage (fronting two streets) EASEMENTS: utility Lines: Easements for sewers, water mains, electric lines and other public utilities shall be dedicated by the subdivider whenever necessary. 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. Pedestrian Wavs: 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. UNDERGROUND UTILITIES: All permanent utility service to lot in a sion within an established urbanizing area provided from underground facilities overhead utility service to a subdivision permitted. The subdivider shall be responsible for complying with the requirements of this section and shall: (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. 60 feet 30 feet 60 feet subdivi- shall be and no shall be 14 SECTION 16. SECTION 17. subdivrev.bs/bw --.,.."."".._'-_._.__._..,~--"~-~-~-~_. -- (3) Provide an easement for under-ground utilities and indicate their location on the final plat. Such easements shall be a minimum of sixteen feet in width and when possible, centered on a bordering lot line. IMPROVEMENTS: Improvement standards or specifications adopted by the city and appropriate state agencies shall be installed in accordance with the following procedures: (1) Work shall not be commenced until plans have been reviewed and 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 shall be required before approval of the final 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 issued a work permit. If work has been discontinued for more than 60 days for any reason, it shall not be resumed until the city has re-issued a work permit. (3) Required improvements shall be inspected by and constructed to the satisfaction of the city. sections and details if unusual conditions arising during construction warrant such change. (4) A map showing public improvements "as builts" shall be filed with the City Engineer upon completion of the improvements. IMPROVEMENT REOUIREMENTS: 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: 15 -, (al 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. (bl Standard city concrete curbs and gutters shall be constructed along the edge of the roadway, curb ramps will be constructed according to city specifications. (See Diagram 7 & 7Al SECTION 18. MONUMENTS: Those standards as stipulated in ORS 92.060 through 92.080 shall be followed and required to be placed by the subdivider. subdivrev.bs/bw 16 - - -------.-------r----.. SECTION 19. SECTION 20. A. subdivrev.bs/bw -,,- CHAPTER V ADDITIONAL STANDARDS PARKLAND DEDICATION: As a condition of approval of a final plat of a residential subdivision or the issuance of a building permit for the construction of a residence, each developer or builder will be required to dedicate land for parks, or cash for the development and acquisition of parks, or a combination of both at the option of the City, as required by Chapter 39 of the Woodburn zoning Ordinance. 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 considerations for granting a variance will be proof that: (1) Special physical 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 for a 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 for a variance from these regulations shall be filed with the Planning commission prior to presentation of the final plat for approval. No variance will be considered after a plat has been recorded. B. REVIEW OF DENIAL OF VARIANCE: Any person applying for a variance of any provision of this ordinance whose application is denied may 17 subdivrev.bs/bw have a review of such denial by the planning commission and/or city council by filing a written request for review with the Planning 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. 18