Ord 2051 - Subdivide & Part Land
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COUNCIL BILL No. 1263
ORDINANCE No. 2051
AN ORDINANCE RELATING TO THE SUBDIVISION AND PARTITIONING OF LAND IN
THE CITY OF WOODBURN; REPEALING ORDINANCE 1518; 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 term "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.
Section 5. Planninq Commission Approval Required:
(a) As authorized by ORS Chapter 92 and ORS Chapter 227 all subdivision plats
and all streets inside the City and within the City's area of jurisdiction shall be approved
Page 1 - COUNCIL BILL NO. 1263
ORDINANCE NO. 2051
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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 as set out
by the Commission.
(b) A public hearing shall be held on all subdivision tentative plans, and major
partitions. 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 major partitioning shall be 100 feet.
Section 6. Decision of the Commission: The Commission shall render its decision
on a tentative subdivision or major partition 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 subdivision or
major partition, it shall do so as described in Section 6 of this ordinance. If the Council
chooses not to review a subdivision, as described in Section 6, then the Commission's
President shall sign the final plat (hardboard) within 30 days from the date of final
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 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 must be filed
in writing with the Planning Department. 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, this reference incorporated herein.
Section 10. Repeal: Ordinance 1518 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
approval by the Mayor.
Page 2 - COUNCIL BILL NO. 1263
ORDINANCE NO. 2051
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APprovedastoform?7.'YG M~ J 2~ s - (0
City Attorney Date
APPROVED: t~ ~/ ~
ED W. KYSER, M R
Passed by the Council
December 10, 1990
Submitted to the Mayor
December 12, 1990
Approved by the Mayor
December 12, 1990
Filed in the office of the Recorder
December 12, 1990
ATTEST: J?!?U_rU-; -;;;~o-.-d
Mary Ten nt
Deputy City Recorder
City of Woodburn, Oregon
Page 3 - COUNCIL BILL NO. 1263
ORDINANCE NO. 2051
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SECTION
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INDEX
TITLE
Intent and Purpose
Definitions
Street Standards
Blocks and Lots
Requisites for Approval of Tentative Subdivision or Partition
Plan or Plat
Easements
Underground Utilities
Improvements
Improvement Requirements
Monuments
Application
Procedure for Subdivisions and Partitions
Parkland Dedication
Variances to the Regulations
Action on Final Plats
Time Umits for Final Subdivision and Major Partition Plat
Approval
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SECTION 1.
SECTION 2.
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WOODBURN PLANNING COHMISSION
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 consistant
guideline for the development of lands with-in 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.
DEFINITIONS:
A.
For the purpose of this ordinance, words used in
the present tense include the future, the singular
in-eludes the plural and the term "this ordinance"
shall be deemed to include all amendments made
here-to.
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-
B.
C.
D.
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E. EASEMENT: The grant of a right of use across
or through a block, lot or tract of land.
F. LOT: A unit of land that is created by a sub-
division of land: (See Diagram I)
(1) Corner Lot: A lot or portion of a lot
situated at the intersection of two or
more streets.
(2) Throuah Lot: A lot having frontage on two
parallel or approximately parallel
streets.
(3) Flaa Lot: A lot having a narrow street
frontage with a larger developable portion
of land set back from the street frontage.
G. PEDESTRIAN WAY: A right of way through a block
to facilitate pedestrian access to adjacent
streets and properties.
H. MAJOR PARTITION: Creation of three or less
lots in one calendar year which includes the
creation of a road or street.
I. MINOR PARTITION: Creation of three or less
lots in one calendar year that does not include
the creation of a road or street.
J. PLAT: Includes a final subdivision plat or
partition plat.
K.
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
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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
geographical areas.
(2) Minor Arterial: A traffic artery for
intercommunication between large geo-
graphical 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.
Half street: A portion of the ultimate
street width.
(8)
(9)
Allev: A service access through a block to
the back side of properties.
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SECTION 3.
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SIDEWALK: A pedestrian way with permanent sur-
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.
STREET STANDARDS:
The quality of all improvements installed by the
subdivider either as a requirement of city regu-
lations 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:
(A) 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
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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 exist-
ing 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
Wav
100 ft.
Curb
Curb
36 ft.
1. Major Arterials
2. Minor Arterial and
Major Collectors
3. Minor Collector and
Residential
4. Cul-de-sac Street
5. CUl-de-sac
(Turnaround)
80 ft.
36 ft.
60 ft.
50 ft.
55 ft.
36/34ft.
30 ft.
50 ft.
Radius
Radius
(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
shall be (i.e.) reviewed to allow all cuts and
fill slopes to be within the right-of-way.
(D) DEDICATION OF A RIGHT-OF-WAY:
If a parcel of land to be subdivided or
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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.
(E) 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.
(F) 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 5)
STREET NAMES:
(G)
No street names shall
duplicate or be confused
existing streets, except
be used which will
with the names of
for the extension of
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SECTION 4.
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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.
(H) 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 slops 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.
(I) 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:
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,
circulation, control and safety of street
traffic and limitations and opportunities of
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SECTION 5.
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.
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 curvature shall be 40
feet), and in (no cases shall the lot width be
less than 60 feet at the buildina 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
Interior Lot
80 feet
60 feet
30 feet
(fronting one street)
Flag Lot
Double Frontage
(Fronting two streets) 60 feet
REOUISITES FOR APPROVAL OF TENTATIVE SUBDIVISION OR
PARTITION PLAN OR PLAT:
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(1) The city shall not allow the duplication of
subdivision name unless the contiguous
property becomes that name. All subdivision
plats continue their lot and block numbers.
(2) No tentative plan for a proposed subdivision
and no tentative plan for a proposed ma;or
partition shall be approved unless:
(a) The streets and roads are laid out so as
to conform to the plans of subdivisions
and ma;or 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 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
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or road and easements for public
utilities.
(b) streets and roads held for private use
and indicated on the tentative plan for
such subdivision or ma;or partition have
been approved by the city.
(c) The subdivision or partition plat
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 or partition plat is in
substantial conformity with the
provisions of the tentative plan for the
subdivision or partition, as approved.
(e) The subdivision or partition plat
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 or partition.
(f) Explanations of all common improvements
required as conditions of approval of the
tentative plan of the subdivision or
partition have been recorded and refer-
enced on the subdivision or partition
plat.
(4) No plat of a subdivision shall be approved by
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SECTION 6.
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; 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 neces-
sary 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) Buildinq Lines Alonq streets:
The final plat ready for recording shall indi-
cate building lines on each block of a
subdivision. Unless otherwise approved
because of topographic or other unusual
conditions, mini-mum building lines shall be
set by the zoning in which the subdivision is
located (Zoning Ord. 1344).
(7) Access:
The subdividing of the land shall be such that
each lot shall abut on a public street.
EASEMENTS:
(A) Utility Lines: Easements for sewers, water
mains, electric lines and other public utili-
ties shall be dedicated by the subdivider
whenever necessary.
(B) Water Courses: If a subdivision is traversed
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SECTION 7.
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 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 subdivi-
sion within an established urbanizing area shall be
provided from underground facilities and no
overhead utility service to a subdivision shall be
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.
(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.
SECTION 8. IMPROVEMENTS:
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SECTION 9.
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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
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SECTION 10.
SECTION 11.
SECTION 12.
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extension of such streets to the paving line
of existing streets with which such streets
intersect shall be improved to the following
minimum:
(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.
(B) 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 & 7A)
MONUMENTS:
Those standards as stipulated in ORS 92.060 through
92.080 shall be followed and required to be placed
by the subdivider.
APPLICATION:
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. See
Chapter 39 of the Woodburn zoning Ordinance.
PROCEDURE FOR SUBDIVISIONS , PARTITIONS:
(Al Tentative plans for subdivisions
partitions shall include the
information:
and major
following
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(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 and block number(s).
(k) Identify all easements, parkland
dedication, and private utilities.
(1) Any other information so required by
the Planning commission.
(B) Tentative plans for minor partitions:
(1) vicinity map.
(2) Legal description of the subject
property.
(3) Names of all property owners within 100
feet.
(4) Map scaled at 1" to equal 200'.
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SECTION 13.
SECTION 14.
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(5) Diagram of all public and private
utilities.
(6) Any other information so required by the
Planning staff.
(C) Additional standards:
In addition to the improvements required in
Subsection "A" and "B" 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.
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.
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VARIANCES TO THE REGULATIONS:
(A) The Commission may consider a variance of any
requirement set forth in these standards, upon
application by the subdivider. The basic
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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 have a review of such denial by
the Planning Commission and/or city Council by
17
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SECTION 15.
SECTION 16.
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.
ACTION ON FINAL PLATS:
A subdivision and major 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 MAJOR
PARTITIONS PLAT APPROVAL:
Final plat must be submitted within one year of
tentative approval by the Planning Commission.
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4
R/W
WIDTH VARIES
PARKING STRIP
100/0 MAle
DRIVEWAY SLOPE: Z%M1N.
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SIDEWALK
SLOPE: 1/4" PER fT.
J ~
~;~~: ~~g:;~,':.;'~:3b;;;Y:X~.{~.t:'a;~.: ;!;if~};\'{i.~?,.j;_~;7
-('3:' 3/4"-0 BASE ROCK 6- concrete
(COMPACTED)
SECTION A - A
---
CITY OF WOODBURN
PUBLIC WORKS DEPARTMENT
RESIDENTIAL DRIVEWAY STANDARD
Drawn: J .D.M.
Scale: none
Olecked :
Page 1 of 1
: G.S.T.
Jan. 1989
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DIAGRAM 7
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