Chapter 16.04 - GENERAL PROVISIONS

16.04.010 - Title.

This title shall be known as the subdivision and partition ordinance of the city of Elgin, Oregon.

(Ord. 152 § 1 (part), 2004: Ord. 1-1990 § 1)

16.04.020 - Purpose.

The purpose of this title is to allow for the orderly and economic development of land under the jurisdiction of the city of Elgin, Oregon. This title provides rules, regulations and standards to govern the approval of subdivisions and partitions. This title is intended to insure adequate provision for traffic movement, light and air, water supply, sewerage, drainage, and community facilities, and in general to protect the public health, safety and welfare.

(Ord. 152 § 1 (part), 2004: Ord. 1-1990 § 2)

16.04.030 - Approval of subdivisions and partitions.

All subdivisions, partitions, and streets or ways created for the purpose of partitioning land shall be approved by the city council in accordance with these regulations and the transportation system plan (TSP). A person desiring to subdivide land, partition land or create a street or way for the purpose of partitioning, shall submit tentative plans and final documents for approval as provided in this title, the TSP, and in the state law.

If any parcel of land proposed for development joins Oregon Highways 82 or 204, then the applicant shall notify ODOT, Region 5 Office prior to submitting any land use application. The purpose for this contact is to involve ODOT, Region 5 at the beginning of the application process so that the property owner/developer has the benefit of ODOT comments prior to submitting a site plan, conditional use application, or tentative plat map. The identification of access points with potential safety hazards indicates an opportunity for ODOT review prior to Elgin's final decision on the land use application.

(Ord. 131 § 1 (part), 1999: Ord. 1-1990 § 3)

16.04.040 - Definitions.

"Building" means a structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.

"Building line" means a line on a plat indicating the limit beyond which buildings or other structures may not be erected.

"City" means the city of Elgin, Oregon, or that person authorized by the council to act on behalf of the city.

"Comprehensive plan" means any plan or plans adopted by the city council for the guidance of growth and improvement of the city. Such plan(s) may include land use, transportation, public facilities and services, and similar elements, any of which may be adjusted from time to time to meet changing conditions or unanticipated problems and conditions affecting the public or landowners.

"Council" means the Elgin city council.

"Developer" means the property owner or authorized representative thereof partitioning or subdividing land.

"Easement" means a grant of the right to use a strip of land for specific purposes.

"Frontage" means all of the property abutting a street.

"Lot" means a unit of land that is created by a subdivision of land.

Lot, Double Frontage. "Double frontage lot" means a lot having frontage on two parallel or approximately parallel streets other than alleys.

"Major partition" means a partition creating two or three parcels, and which includes the creation of a road or street, i.e., utilization of a means of access not previously approved for partitioning or subdividing.

"Minor partition" means a partition creating two or three parcels, and which does not include the creation of a road or street, or utilization of a means of access not previously approved for partitioning or subdividing.

"Parcel" means a unit of land that is created by a partitioning of land.

"Partition land" means to divide an area or tract of land into two or three parcels of land within a calendar year, but does not include the following:

1. A division of land resulting from lien foreclosure, foreclosure of a recorded contract for the sale of real property or the creation of cemetery lots;

2. An adjustment of a property line by the relocation of a common boundary where an additional unit of land is not created and where the existing unit of land reduced in size by the adjustment is not reduced below the minimum lot size established by an applicable zoning ordinance; or

3. A sale or grant by a person to a public agency or public body for state highway, county road, city street or other right-of-way purposes; provided, that such road or right-of-way complies with the applicable comprehensive plan and ORS 215.213(2)(q) to (s) and 215.283(2)(p) to (r).

"Partition plat" means and includes a final map and other writing containing all the descriptions, locations, specifications, provisions and information concerning a major or minor partition.

"Petitioner" means any person commencing proceedings under this title to effect a partition of land hereunder for himself or for another.

"Pedestrian way" means a dedicated right-of-way or easement for pedestrian traffic.

"Person" means an individual, firm, partnership, corporation, company, association, syndicate or any legal entity, and including any trustee, receiver, assignee or other similar representative thereof.

"Planning official" means the council or that official designated by the city council to administer this title or parts thereof.

"Plat" means a final subdivision plat, replat or partition plat.

"Replat" means a final map of the reconfiguration of lots and easements of a recorded subdivision or partition plat and other writings containing all the descriptions, locations, specifications, dedications and provisions and information concerning a recorded partition or subdivision.

"Reserve strip" means a narrow strip of land adjacent to a right-of-way dedicated to exclusive vehicular ingress or egress from the right-of-way. Also called street plugs.

"Reviewable access point" means accesses identified in yellow on the TSP access management maps (Figures 7-2 and 7-3 in the TSP) requiring evaluation by the city of Elgin and ODOT in order to preserve safety.

"Right-of-way" means the area between boundary lines of a street or other easement.

"Roadway" means the portion or portions of a street right-of-way developed for vehicular traffic.

"Sidewalk" means a pedestrian walkway with permanent surfacing.

"Street" means a public or private way which is used or intended to provide ingress or egress to one or more lots, parcels, areas or tracts of land, excluding a private way that is created to provide ingress or egress to such land in conjunction with forestry, mining or agricultural uses.

1. "Alley" means a narrow street through a block primarily for access by service vehicles to the back or side of properties fronting on another street.

2. "Arterial" means a street of considerable continuity which is primarily for inter-communication between large areas, and identified as an arterial street in the comprehensive plan.

3. "Collector" means a street supplementary to the arterial street system and a means of intercommunication between this system and smaller areas; used partly by through traffic and partly for access to abutting properties, and identified as a collector street in the comprehensive plan.

4. "Cul-de-sac (dead end street)" means a short street with one end open to traffic and the other terminated by a vehicle turnaround.

5. "Half street" means a portion of the width of a street, usually along the edge of a subdivision, where the remaining portion of the street could be provided in another subdivision.

6. "Marginal access street" means a cul-de-sac street, driveway, lane or frontage road, generally providing access to a limited number of abutting lots.

7. "Minor streets" means a street used primarily for access to abutting lots, and having greater anticipated traffic demands than marginal access streets.

"Subdivide land" means to divide land into four or more lots within a calendar year.

"Subdivider" means any person commencing proceedings under this title to effect a subdivision of land herein for himself or for another.

"Subdivision" means either an act of subdividing land or an area or tract of land subdivided.

"Tentative plan" means that drawing and related material submitted as a preliminary plat by a subdivider or partitioner.

TSP Area, Urban. "Urban TSP area" means the platted and developed portions within Elgin's urban growth boundary where existing driveways onto the state highway system are conforming features.

TSP Area, Urbanizable. "Urbanizable TSP area" means the sparsely developed portion of land between the urban TSP area and the urban growth boundary where new public streets accessing the state highway system are based on the access management standards identified in the transportation system plan and new driveways accessing the state highway system are at least five hundred (500) feet apart, provided connections can be made in a safe manner.

(Ord. 131 § 1 (part), 1999; Ord. 1-1990 § 4)

16.04.050 - Scope of regulations.

A. This title and the transportation system plan shall be applicable to creation or adjustment of all lots and parcels.

B. Partition and subdivision plats, and streets and ways created for the purpose of dividing land shall be approved by the city in accordance with these regulations and the transportation system plan prior to the sale of any such lot or parcel. All changes in property boundary lines shall be in accordance with these regulations.

C. A person desiring to subdivide or partition land within the incorporated area of the city shall submit tentative plans and final documents for approval as provided in this title, the transportation system plan, and state law.

D. Recording of a Lot or Parcel. No lot or parcel created by subdividing or by major or minor partitioning shall be submitted for recording with the Union County clerk nor have any validity unless it has been approved as required by this title and the transportation system plan.

E. No person shall dispose of, transfer or sell any lot in any partition or subdivision with respect to which approval is required by this title and the transportation system plan. In negotiating to sell a lot in a subdivision or convey any interest in a parcel in any partition a person may use the approved tentative plan for such subdivision or partition.

F. Permits. No building permit, or permit for the connection to a water or a sewage disposal system shall be issued for any structure on a parcel or lot in a partition or subdivision for which the tentative plan or plat has not been approved and recorded in a manner prescribed in the transportation system plan and in this title.

G. The city will withhold all public improvements, including maintenance of streets and roads, from a partition or subdivision which has not been approved and recorded in the manner prescribed in the transportation system plan and this title.

(Ord. 131 § 1 (part), 1999: Ord. 1-1990 § 5)

Chapter 16.08 - APPLICATION AND TENTATIVE PLAN

16.08.010 - Application.

A partitioner or subdivider shall submit an application on forms provided by the city accompanied by a tentative plan showing the general design of the proposed subdivision or partition accompanied by the prescribed fee.

If any parcel of land joins Oregon Highways 82 or 204 then the applicant shall notify and coordinate with the city the ODOT District Manager (ODOT, Region 5) prior to submitting any land use application. The purpose for this contact is to involve ODOT at the beginning of the application process so that the property owner/developer has the benefit of ODOT comments prior to submitting a site plan, conditional use application, or tentative plat map. The identification of access points with potential safety hazards indicates an opportunity for ODOT review prior to Elgin's final decision on the land use application.

(Ord. 131 § 1 (part), 1999: Ord. 1-1990 § 5A)

16.08.020 - Submission of tentative plan.

The partitioner or subdivider shall prepare a tentative plan, together with improvement plans and other supplementary materials as specified in this title and the transportation system plan. The partitioner or subdivider shall submit five copies of the tentative plan to the planning official at least fifteen (15) days prior to the city council meeting at which the tentative plan will be considered. The tentative plan need not be a finished drawing as required for a final plat, but it should show all pertinent information to scale in order that the council may properly review the proposed development. Upon receipt of the tentative plan the city recorder shall schedule a public hearing before the council to review, accept testimony, deliberate and make a decision on the tentative plan. The city recorder shall give notice ten days prior to the public hearing to affected agencies, interested persons and adjacent landowners within three hundred (300) feet of the external property boundaries.

(Ord. 131 § 1 (part), 1999; Ord. 1-1990 § 5B)

16.08.030 - Scale.

The tentative plan shall be drawn on a sheet eighteen (18) by twenty-four (24) inches in size at a scale of one inch equals one hundred (100) feet.

(Ord. 1-1990 § 6)

16.08.040 - General information.

The following general information shall be shown on the tentative plan:

A. Proposed name of a subdivision shall not duplicate, sound like or resemble the name of another subdivision in the county and shall be approved by the council;

B. Date, north point and scale of drawing;

C. Appropriate identification clearly stating the map is a tentative plan;

D. Location of the partition or subdivision sufficient to define the location and boundaries of the proposed tract;

E. Names and addresses of the owner, partitioner or subdivider, and engineer or surveyor.

(Ord. 1-1990 § 7)

16.08.050 - Existing conditions.

The following existing conditions shall be shown on the tentative plan:

A. The location, widths and names of both opened and unopened streets within or adjacent to the tract, together with easements and other important features, such as section lines, corners, city boundary lines and monuments;

B. Contour lines having the following minimum intervals: two-foot contour intervals for ground slopes of less than ten (10) percent, and ten (10) foot contour lines for slopes of more than ten (10) percent. The elevations of all control points which are used to determine the contours shall be indicated and must be the United States Geodetic Survey;

C. The location within the partition or subdivision and in the adjoining streets and property of existing sewers, water mains, culverts, drain pipes, and electric lines proposed to service the property;D.Zoning within and adjacent to the tract.

(Ord. 1-1990 § 8)

16.08.060 - Proposed design.

The following information shall be included on the tentative plan:

A. The location, width, names, approximate grade of all streets. The relationship of all streets to any projected streets as shown on any plan adopted by the city, or, if no such plan has been adopted, as may be identified by the city council in order to assure adequate traffic circulation;

B. The location, width and purpose of easements;

C. The location and approximate dimensions, and proposed parcel or lot numbers of all parcels and lots and block numbers or letters of all blocks;

D. The location and design of existing and proposed bicycle and pedestrian facilities, including bicycle parking facilities;

E. If direct access to Oregon Highways 82 or 204 is proposed, access must be provided in a manner consistent with the access management provisions and spacing standards identified in the transportation system plan and approved by ODOT. Within the Downtown Overlay District, the plan must show why access to Highways 82 or 204 is necessary. The plan should consider shared driveways or the use of alleyways if access is necessary.

(Ord. 152 § 1 (part), 2004; Ord. 131 § 1 (part), 1999; Ord. 1-1990 § 9)

16.08.070 - Partial development.

Where the plat contains only part of the tract owned or controlled by the developer, the city council may require a sketch of a tentative layout for streets in the unpartitioned or unsubdivided portion to insure adequate traffic circulation.

(Ord. 131 § 1 (part), 1999: Ord. 1-1990 § 11)

16.08.080 - Supplementary information with tentative plan.

The following information shall be required by the city and, if it cannot be shown practicably on the tentative plan, it shall be submitted in separate statements accompanying the tentative plan:

A. A vicinity map, showing existing adjacent ownership to the proposed partition or subdivision, and showing how proposed streets and utilities may be extended to connect to existing and proposed streets and utilities;

B. Proposed deed restrictions, if any, in outline form;

C. Improvements to be made by the developer and the approximate time such improvements are to be completed. Sufficient detail regarding proposed improvements shall be submitted so that they may be checked for compliance with city-approved standards, and with the objectives of this title, state laws, and other applicable city ordinances. If the nature of the improvements is such that it is impractical to prepare all necessary details prior to the approval of the tentative plan, the additional details shall be submitted at least thirty (30) days prior to the time approval of the final plat is requested;

D. All persons offering for filing an approved plan, plat or replat of subdivisions or partitions for a parcel of land outside the boundaries of an irrigation district, drainage district, water control district, or district improvement company must file a statement of water rights. If a water right is appurtenant to the lands of the subdivision or partition the statement of water rights and a copy of the plan, plat or replat must be submitted to the Oregon Water Resources Department. A copy of the acknowledgment from the Water Resources Department must be submitted with the plan, plat or replat to the Union County clerk.

(Ord. 1-1990 § 12)

16.08.090 - Supplemental plans with tentative plan.

The following information shall be submitted with the tentative plan:

A. Proposed street designation, e.g., arterial, collector, etc., and approximate centerline profiles with extensions for a reasonable distance beyond the limits of the proposed partition or subdivision showing the approximate grade of streets and the nature and extent of street construction;

B. A plan for domestic water supply, including the source, and plans for water lines;

C. Proposals for sewage disposal, storm-water drainage and flood control, including profiles of proposed drainage ways;

D. Proposals for other improvements such as television cable service, telephone, electric and gas utilities;

E. Present and future service capability of the school district;

F. Such additional information as may be required by the city to insure compliance with the objectives of this title;

G. Traffic Studies. All land use actions, new developments, and/or redevelopments accessing the transportation system will need to provide traffic impact studies to the city and appropriate agencies (Union County and/or ODOT) if the proposed use meets one or more of the following traffic impact study thresholds. All traffic impact studies will need to be prepared by a registered professional engineer.

1. The proposed use shall impose an undue burden on the public transportation system. For developments that are likely to generate more than four hundred (400) average daily motor vehicle trips (ADTs), the applicant shall provide adequate information, such as a traffic impact study or traffic counts, to demonstrate the level of impact to the surrounding street system.

2. Trip Generation Threshold. Fifty (50) newly generated vehicle trips, inbound and outbound during the adjacent street peak hour.

3. Mitigation Threshold. Installation of any traffic control device and/or construction of any geometric improvements that will affect the progression or operation of traffic traveling, entering, or exiting the highway.

4. Heavy Vehicle Trip Generation Threshold. Twenty (20) newly generated heavy vehicle trips (inbound and outbound) during the day.

The determination of impact or effect and the scope of the impact study shall be coordinated with the provider of the affected transportation facility. The trip generation estimates should be based on the latest addition of the Institute of Transportation Engineers Trip Generation Manual. The developer shall be required to mitigate impacts attributable to the project.

(Ord. 152 § 1 (part), 2004; Ord. 131 § 1 (part), 1999; Ord. 1-1990 § 12A)

16.08.100 - Preliminary review of proposal.

The planning official shall within ten (10) days furnish one copy of the tentative plans and supplementary material to each local, state or federal official or agency that may have an interest or responsibility in the proposal. These agencies will be given a reasonable time to review the plan, suggest revisions, and return the plans to the city.

(Ord. 1-1990 § 13)

16.08.110 - Consideration of the tentative plan.

A. At the next available regular city council meeting following submission of the proposed plat, the city council shall review the plan and the reports of the officials and agencies listed above. The city council may approve the tentative plan as submitted or as it may be modified. If the city council does not approve the plan, it shall express its disapproval and its reasons therefor.

B. No plat for any proposed subdivision or partition may be considered for approval until the tentative plan has been approved by the city council. Approval by the city council of such tentative plan shall be binding upon the city for the purposes of the preparation of the subdivision or partition plat.

C. No tentative plan for a proposed subdivision and no tentative plan for a proposed major partition shall be approved unless:

1. The streets and roads are laid out so as to conform to the plat of subdivisions and major partitions already approved for adjoining property as to width, general direction and in all other respects unless the city determines it is in the public interests to modify the street or road pattern;

2. Streets and roads held for private use are clearly indicated on the tentative plan and all reservations or restrictions relating to such private roads and streets are set forth thereon;

3. The tentative plan complies with this title and the applicable zoning ordinance and transportation system plan that are then in effect.

D. The action of the city council shall be noted on two copies of the tentative plan, including reference to any attached documents describing conditions imposed by the council. The city council shall return one copy to the developer and retain the other.

(Ord. 131 § 1 (part), 1999; Ord. 1-1990 § 14)

Chapter 16.12 - FINAL PLAT

16.12.010 - Submission of final plat.

Within one year after approval of the tentative plan, the developer shall cause the partition or subdivision or any part thereof to be surveyed and a final plat prepared in conformance with the tentative plan as approved. Upon completion of improvement requirements, the developer shall submit the original and five prints of the final plat, and any supplementary information to the planning official. If the developer wishes to proceed with the partition or subdivision after the expiration of the one-year period following the approval of the tentative plan by the council, he must resubmit his tentative plan to the council and make any revisions which the council considers necessary to meet changed conditions.

(Ord. 1-1990 § 15)

16.12.020 - Final plat requirements.

The final plat, known as the partition plat or subdivision plat, shall conform to surveying requirements in ORS 92.050 through 92.080, except any parcels created that are greater than ten (10) acres need not be surveyed or monumented. In addition to specific action in Oregon Revised Statutes, the following information shall be shown on the final plat:

A. The date, scale, north point, explanation and controlling topography such as bluffs, creeks, and other bodies of water, and existing features such as highways and railroads;

B. Legal description of the tract boundaries;

C. Name of the owner, partitioner or subdivider and surveyor;

D. The exact location and width of streets and easements intersecting the boundary of the tract;

E. The width of the portion of streets being dedicated, with the width of any existing right-of-way, and the width on each side of the centerline. For streets on curvature, curve data shall be based on the street centerline. In addition to the centerline dimensions, the radius and central angle shall be indicated;

F. Lot numbers beginning with the number 1 and numbered consecutively in each block, and the area of each lot containing one acre or more to the nearest hundredth of an acre;

G. Block letters beginning with letter A and continuing consecutively without omission or duplication throughout a subdivision. The letters shall be solid, of sufficient size and thickness to stand out and be so placed as not to obliterate any figure. Block letters in an addition to a subdivision of the same name shall be a continuation of the lettering in the original subdivision;

H. Land parcels to be dedicated for any purpose, public or private, to be distinguished from lots intended for sale. The city shall preserve right-of-way for planned transportation facilities through exactions, voluntary dedications, or setbacks;

I. Building setback lines, if any, are to be made a part of the partition or subdivision restrictions;

J. The following certificates which may be combined where appropriate:

1. A certificate signed and acknowledged by all parties having any record title interest in the land partitioned or subdivided, consenting to the preparation and recording of the plat,

2. A certificate signed and acknowledged as above, dedicating all rights-of-way, parcels or lots of land shown on the final map intended for any public use. Streets and roads for public use are dedicated without any reservation or restriction other than reversionary rights upon vacation,

3. An affidavit signed by the registered surveyor responsible for the land survey and final map per ORS 92.070,4.Other certifications now or hereafter required by law.

(Ord. 131 § 1 (part), 1999; Ord. 1-1990 § 16)

16.12.030 - Supplementary information with final plat.

The following data shall accompany the final plat:

A. A preliminary title report issued by a title insurance company in the name of the owner of the land, showing all parties whose consent is necessary and their interest in the premises;

B. Certification that domestic water and sewage disposal systems are available to the lot line of each and every lot in a subdivision and assurance by the subdivider the systems will be installed, or alternative systems will be provided according to ORS 92.090(4) and (5) provisions;

C. A copy of any deed restrictions applicable to the partition or subdivision;

D. A certificate by the city that the partitioner or subdivider has complied with one of the following alternatives:

1. All improvements have been installed in accordance with the requirements of these regulations, the transportation system plan, and with the action of the council in giving approval of the tentative plan, or

2. An agreement has been executed as provided in Sections 16.20.010 and 16.20.020 to assure completion of required improvements.

(Ord. 131 § 1 (part), 1999; Ord. 1-1990 § 17)

16.12.040 - Technical review.

Upon receipt by the city, the final plat and other accompanying data shall be reviewed by the planning official. The planning official may make such checks in the field as are necessary to verify that the plat is correct, and city representatives may enter the property for this purpose. Certification by the county surveyor shall be used to determine that the plat and survey are technically correct. The planning official shall review the final plat and documents to determine the following:

A. Private streets and roads conform to the tentative plan;

B. Subdivision or partition plat conforms with any applicable zoning ordinances and regulations that are in effect;

C. Donation and explanation of common improvements are recorded and referenced on the partition or subdivision plat;

D. The final plat conforms with the approved tentative plan;

E. Compliance with other provisions of Oregon Revised Statutes, the transportation system plan, and this title.

(Ord. 131 § 1 (part), 1999; Ord. 1-1990 § 18)

16.12.050 - Approval of final plat.

If the planning official determines that the final plat conforms fully with all applicable regulations and standards, he shall so advise the mayor. The final plat shall then be placed on the next feasible council agenda, and if the council agrees that the partition or subdivision has complied with the requirements for tentative plan and final plat approval, it shall be approved and signed. If the city council does not approve the plat, it shall advise the developer of the changes or additions that must be made and shall afford him an opportunity to make the necessary changes. Approval shall be indicated by signature of the mayor.

(Ord. 1-1990 § 19)

16.12.060 - Before recording partition or subdivision plat with county clerk.

A. Petitioner or subdivider shall file a statement of water rights with the Water Resources Department and a copy of acknowledgment from the Water Resources Department when required and per provisions in ORS 92.120(5) and 92.122.

B. All ad valorem taxes shall be paid per ORS 92.095.

C. The partitioner shall submit the final plat for approval by the county surveyor per ORS 92.100(3) provisions. The county surveyor shall collect from the partitioner a fee of one hundred dollars ($100.00) plus five dollars ($5.00) for each parcel in the partition.

D. The subdivider shall submit the final plat for approval by the county surveyor, county assessor and city council before recording with the county clerk per ORS 92.100(1) and (2). The subdivider shall pay the county surveyor per the same fee schedule in subsection C of this section.

(Ord. 1-1990 § 20)

16.12.070 - Recording partition or subdivision plat with county clerk.

The partition or subdivision plat when approved as required and upon payment of the fees provided by law shall be recorded with the county clerk. Approval of the final plat shall be null and void if the plat is not recorded within thirty (30) days after the date the last required signature has been obtained or within ninety (90) days after council approval.

(Ord. 1-1990 § 21)

16.12.080 - Amendments to recorded partition and subdivision plats.

A. Any recorded partition or subdivision plat may be amended by an affidavit of correction per ORS 92.170 provisions.

B. Any recorded partition or subdivision plat may be replatted per ORS 92.180 through 92.190 provisions.

C. Any boundary of lots or parcels in a recorded subdivision or partition plat may be adjusted as long as no new parcels or lots are created, the adjustment does not reduce a lot or parcel below the minimum parcel size of the applicable zone(s), and each adjusted boundary is surveyed and filed with the county survey and recorded with the county clerk.

(Ord. 1-1990 § 22)

Chapter 16.16 - DESIGN STANDARDS

16.16.010 - Principles of acceptability.

Partitions and subdivisions shall conform to the city comprehensive land use plan, the transportation system plan, and related ordinances and shall take into consideration anticipated surrounding area development. Partitions and subdivisions shall also conform to the requirements of state law (particularly ORS Chapter 92), and the standards established by the transportation system plan, and this title.

(Ord. 131 § 1 (part), 1999: Ord. 1-1990 § 26)

16.16.020 - Streets.

A. General. The location, width and grade of streets shall designed to coordinate with existing and planned streets, to topographical conditions, to public utilities, services, convenience and safety, and to the proposed use of the land to be served by the streets. The arrangement of streets in partitions and subdivisions shall either:

1. Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; or

2. Conform to a plan for the neighborhood approved or adopted by the council.

B. Right-of-Way and Roadway Widths.

1. Minimum Right-of-Way and Roadway Widths. These standards are for all streets except those in the downtown overlay district. The widths of streets and roadways in feet and construction standards for streets and roadways shall be adequate to fulfill city specifications as provided for in this title and unless otherwise indicated in the comprehensive plan, shall not be less than the minimum as shown in the following table [Table 7-2 of the Transportation Systems Plan]:

2. Minimum right-of-way and roadway widths for streets in the downtown overlay district may be less than the minimum right-of-way and roadway widths for other zones. The norm in this overlay zone is:

A. Narrow local street within a forty-eight (48) feet right-of-way includes a twenty-eight (28) foot wide roadway for travel in both directions and parking on both sides. The forty-eight (48) foot right-of-way includes ten (10) foot sidewalks on both sides of the street.

B. Collector street having a fifty-four- (54) foot right-of-way with two eleven (11) foot travel lanes, two eight-foot parking lanes and eight-foot sidewalks on both sides of the street. The adequacy of the transportation facilities will be reviewed in the site plan review.

C. Marginal Access. Marginal access rights-of-way or private access easements shall not be less than ten (10) percent of street length, and shall be provided with utility easements on each side to provide a combined utility easement and access right-of-way width. Marginal access streets may be permitted for two to five dwellings, only where local street connectivity is not practical due to topographic constraints or existing development patterns preclude a through route extension.

D. Reserve Strips. Reserve strips or street plugs controlling the access to streets will not be approved unless necessary for the protection of the public welfare or of substantial property rights. The control and disposal of the land comprising such strips shall be placed within the jurisdiction of the council.

E. City of Elgin Street Alignment. So far as practical, proposed arterial and collector streets shall be in alignment with existing arterial and collector streets by continuations of the centerlines thereof. Staggered street alignment resulting in "T" intersections shall, wherever practical leave a minimum distance of two hundred (200) feet between the centerlines of such streets and otherwise shall not be less than one hundred twenty-five (125) feet.

F. Intersection Angles. Streets shall be laid out to intersect at angles as near to right angles as practical except where topography requires a lesser angle, but in no case shall the acute angle be less than seventy-five (75) degrees unless there is a special intersection design. Intersections which contain an acute angle of less than seventy-five (75) degrees or which include an arterial street shall have a minimum corner radius sufficient to allow for a roadway radius of sixty (60) feet and maintain a uniform width between the roadway and the right-of-way line.

G. Existing Streets. When existing streets adjacent to or within a tract are of inadequate width, additional right-of-way shall be provided at the time of partitioning or subdividing.

H. Half Streets. Half streets, while generally not acceptable, may be approved where essential to the reasonable development of the partition or subdivision, when in conformity with the other requirements of these regulations, and when the council finds it will be practical to require the dedication of the other half when the adjoining property is partitioned or subdivided. When a half street is adjacent to a tract to be partitioned or subdivided, the other half of the street shall be platted within such tract. Reserve strips and street plugs may be required to preserve the objectives of half streets. No parcels or lots shall be allowed to develop on the half street until the remaining half of the street is dedicated and improved as provided in this title.

I. Cul-de-Sacs.

1. Cul-de-sacs or permanent dead-end streets may be used as part of a development plan, however, through streets are encouraged except where topographical, environmental, or existing adjacent land use constraints make connecting streets infeasible. Where cul-de-sacs are planned, accessways shall be provided connecting the ends of cul-de-sacs to each other, to other streets, or to neighborhood activity centers.

2. Accessways for pedestrians and bicyclists shall be ten (10) feet wide and located within a twenty (20) foot-wide right-of-way or easement. If the streets within the subdivision are lighted, the accessways shall also be lighted. Stairs or switchback paths may be used where grades are steep.

3. Accessways for pedestrians and bicyclists shall be provided at mid-block where the block is longer than six hundred (600) feet.

4. The city may determine, based upon evidence in the record, that an accessway is impracticable. Such evidence may include but is not limited to:

a.Physical or topographic conditions make an accessway connection impractical. Such conditions include but are not limited to freeways, railroads, extremely steep slopes, wetlands, or other bodies of water where a connection cannot reasonably be provided.

b.Buildings or other existing development on adjacent lands physically preclude a connection now or in the future, considering potential for redevelopment.

c. Where accessways would violate provisions of leases, easements, covenants, restrictions, or other agreements existing as of May 1, 1995 that preclude a required accessway connection.

J. Street Names. Except for extensions of existing streets, no street name shall be used which will duplicate or be confused with the name of existing streets. Street names and numbers shall conform to the established pattern in the city and shall be subject to the approval of the council.

K. Grades and Curves. Centerline radii of curves is determined by speed limit but shall not be less than four hundred (400) feet on arterials, three hundred (300) feet on collectors, or two hundred (200) feet on other streets, and shall be to an even ten (10) feet.

L. Streets Adjacent to Railroad Right-of-Way. Wherever the proposed partition or subdivision contains or is adjacent to a railroad right-of-way, provision may be required 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 the streets and the railroad. The distance shall be determined with due consideration at cross streets of the minimum distance required for approach grades to a future grade separation and to provide sufficient depth to allow vegetative screen planting along the railroad right-of-way.

M. Alleys. Alleys shall be provided in commercial and industrial districts, unless other permanent provisions for access to off-street parking and loading facilities are approved by the council. The corners of alley intersections shall have a radius of not less than twelve (12) feet. Alleys shall have a twenty (20) foot road and right-of-way width.

N. Frontage Streets. Where a partition or subdivision abuts or contains an existing arterial street, the council may require frontage streets or other such treatment as may be necessary for adequate protection of abutting properties, and to afford separation of through and local traffic in order to preserve the arterial level of service.

O. Access Spacing Standards. The highest priority shall be placed on providing access to property adjoining Oregon Highways 82 or 204 from city streets, combining driveways, or providing access points in the middle of the block. Access management policies for the city of Elgin set forth in the transportation system plan will be observed as follows:\

1. Where a right of access exists, access will be allowed to a property at less than the designated spacing standard only if that property does not have reasonable access and the designated spacing cannot be accomplished. If possible, other options should be considered such as joint access.

2. Where the right of access exists, the number of approach roads (driveways) to a single property shall be limited to one, even when the property frontage exceeds the spacing standards. More than one approach road may be considered if, in the judgment of the Region Access Management Engineer, additional approach roads are necessary to accommodate and service the traffic to a property, and additional approach roads will not interfere with driver expectancy and the safety of the through traffic on the highway.

3. Approach roads shall be located where they do not create undue interference or hazard to the free movement of normal highway or pedestrian traffic. Locations on sharp curves, steep grades, areas of restricted sight distance or at points which interfere with the placement and proper functioning of traffic control signs, signals, lighting or other devices that affect traffic operation will not be permitted.

4. If a property becomes landlocked (no reasonable access exists) because an approach road cannot be safely constructed and operated, and all other alternatives have been explored and rejected, ODOT might be required to purchase the property. (Note: If a hardship is self-inflicted, such as by partitioning or subdividing a property, ODOT does not have responsibility for purchasing the property.

5. Minimum spacing for public road approaches is either the existing city block spacing or the city block spacing as identified in the local comprehensive plan. Public road connections are preferred over private driveways, and in STAs driveways are discouraged. However, where driveways are allowed and where land use patterns permit, the minimum spacing for driveways is one hundred seventy-five (175) feet or mid-block if the current city block spacing is less than three hundred fifty (350) feet.

(Ord. 152 § 1 (part), 2004; Ord. 131 § 1 (part), 1999; Ord. 1-1990 § 27)

16.16.030 - Blocks.

A. General. The length, width and shape of blocks shall take into account the need for adequate lot size and street width.

B. Size. No block shall be more than five hundred (500) feet in length between street corner lines unless it is adjacent to an arterial street or unless the location of adjoining streets justifies an exception. Blocks abutting Oregon Highways 82 and 204 shall coincide with the existing block length of two hundred twenty-five (225) to two hundred fifty (250) feet, in accordance with the access management standards identified in the transportation system plan.

C. Easements.

1. Utility Lines. Easements for sewers, water mains, electric lines, or other public utilities shall be provided whenever necessary. The easements shall be at least twelve (12) feet wide or as otherwise approved by the city.

2. Watercourses. If a partition or subdivision is traversed by a watercourse such as a drainage way, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of the watercourse, and such further width as will be adequate for the purpose. Streets or parkways parallel to major watercourses may be required.

3. Pedestrian Ways. When desirable for pedestrian convenience, pedestrian ways may be required to connect cul-de-sacs or to pass through unusually long or oddly shaped blocks. It shall be the responsibility of the developer to install five-foot minimum sidewalks where pedestrian ways are required, per the Elgin bicycle and pedestrian plan.

4. Emergency Vehicle Access. When necessary or desirable for public safety, emergency vehicle ways may be required to connect to cul-de-sacs or to pass through unusually long or oddly shaped blocks.

(Ord. 152 § 1 (part), 2004; Ord. 131 § 1 (part), 1999; Ord. 1-1990 § 28)

16.16.040 - Lots.

A. Size and Shape. Lot size, shape and orientation shall be appropriate for the location of the partition or subdivision and for the type of use contemplated. No lot shall be dimensioned to contain part of an existing or proposed street. Lot dimension and areas shall conform to the zoning and land use requirements.

B. Access. Each lot shall abut upon a street other than an alley for a minimum width of at least twenty (20) feet.

C. Lot Side Lines. The side lines of lots, so far as practicable, shall run at right angles to the street upon which the lots face, or on curved streets shall be radial to the curve where practical.

(Ord. 1-1990 § 29)

16.16.050 - Building lines.

If special building setback lines are to be established in the partition or subdivision, they should be shown on the partition or subdivision plan or included in the deed restrictions.

(Ord. 1-1990 § 30)

Chapter 16.20 - IMPROVEMENTS

16.20.010 - Agreement for improvements.

Before council approval of the final plat, the partitioner or subdivider shall either install required improvements and repair existing streets and other public facilities damaged in the development of the partition or subdivision, or execute and file with the city an agreement between himself and the city specifying the period within which required improvements and repairs shall be completed. The agreement shall provide that if the work is not completed within the period specified, the city may complete the work and recover the full cost and expense thereof from the partitioner or subdivider. The agreement may provide for the construction of the improvements in units, and for an extension of time under specified conditions. Minimum units will be one block of street frontage.

(Ord. 1-1990 § 30A)

16.20.020 - Bond.

A. The partitioner or subdivider shall file with the agreement, to assure his full and faithful performance thereof, one of the following:

1. A surety bond executed by a surety company authorized to transact business in the state of Oregon in a form approved by the city attorney;

2. An agreement, duly signed and executed by the partitioner or subdivider, assigning his account in a legal savings institution in the state of Oregon to the city of Elgin;

3. Cash.

B. Such assurance of full and faithful performance shall be for a sum determined by the city to be at least twenty-five (25) percent greater than the estimated cost to cover the cost of the improvements and repairs, including related city expenses. The performance bond shall guarantee the improvement to be free of defects for one year after written acceptance by the city.

C. If the partitioner or subdivider fails to carry out provisions of the agreement and the city has unreimbursed costs or expenses resulting from such failure, the city shall call on the bond, savings account or cash deposit for reimbursement. If the amount of the bond, savings account or cash deposit exceeds the cost and expense incurred by the city, the city shall release the remainder. If the amount of the bond, savings account or cash deposit is less than the cost and expense incurred by the city, the partitioner or subdivider shall be liable to the city for the difference.

(Ord. 1-1990 § 30B)

16.20.030 - Improvement procedures.

In addition to other requirements, improvements installed by the partitioner or subdivider, either as a requirement of these regulations or at his own option, shall conform to the requirements of this title, the transportation system plan, and improvement standards or specifications adopted by the city and shall be installed in accordance with the following procedure:

A. Work shall not be commenced until plans have been reviewed and approved by the city. To the extent necessary for evaluation of the partition or subdivision proposal, such plans may be required before approval of the final map. All plans shall be prepared on reproducible material in accordance with the requirements of the city.

B. Work shall not be commenced until the city has been notified in advance, and if work is discontinued for any reason, it shall not be resumed until the city has been notified. Notification shall be given two days in advance of initiating work.

C. 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.

D. Underground utilities, sanitary sewers and storm drains installed in streets by the partitioner or 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 avoid the need to disturb street improvements when service connections are made. All stubs will be marked and identified in the concrete curbs.

E. A map showing all public improvements as built shall be filed with the city upon completion of the improvements.

(Ord. 131 § 1 (part), 1999; Ord. 1-1990 § 31)

16.20.040 - Improvement requirements.

The following improvements shall be installed at the expense of the partitioner or subdivider:

A. Water Supply. Lots within a partition or subdivision shall be served by a domestic water supply system conforming to the city's approved specifications.

B. Sewage Disposal. Lots within a partition or subdivision shall be served by a sewage disposal system conforming to city-approved specifications.

C. Drainage. Grading shall be performed and drainage facilities installed as determined necessary by the city to provide proper drainage within the partition or subdivision and other affected areas in order to assure healthful, convenient conditions for the residents of the partition or subdivision and for the general public. Drainage facilities in the partition or subdivision shall be connected to drainage ways or storm sewers outside the partition or subdivision. Dikes and pumping systems shall be installed if necessary to protect the partition or subdivision against flooding or other inundation.

D. Streets and Sidewalks. The partitioner or subdivider shall improve streets in the partition or subdivision and the extension of such streets to the paving line of existing streets with which such streets intersect in accordance with city-approved specifications. Such improvements shall include proper base, curbs and pavement. Sidewalks are required on all streets. It shall be the responsibility of the developer to provide sidewalks as listed in Table 7-2 of Section 16.16.020 "Street Development Standards." Any or all of these street and sidewalk improvements may be required on an existing street which abuts the partition or subdivision.

E. Monuments. Upon completion of street improvements, monuments shall be reestablished in monument boxes at every street intersection and points of curvature or as required by the city.

F. No parcel or lot shall be sold on any given block until all of the above improvements have been installed and approved by the city in the street right-of-way that the parcels or lots front upon. All blocks in which parcels or lots are to be offered for sale shall adjoin previously improved street rights-of-way.

G. All public utilities such as electricity, telephone and television cable services and mains shall be underground to city-approved specifications.

H. The partitioner or subdivider shall install street and pedestrian way lights to city-approved specifications.

(Ord. 152 § 1 (part), 2004; Ord. 131 § 1 (part), 1999; Ord. 1-1990 § 32)

Chapter 16.24 - STREET CREATION AND APPROVAL

16.24.010 - Creation of streets not within a subdivision.

A. Creation of Streets. The creation of all streets not within a subdivision shall meet the street construction standards identified in the transportation system plan. Creation of such streets may be initiated by the council or county board of commissioners by resolution or by property owner or his authorized agent by request.

B. Any person wishing to create a public or private road or utilize an existing private road for purposes other than agriculture, forestry or mining, shall make written application for consideration by the council.

C. Application for road approval shall comply with applicable tentative plan and final plat procedures and standards as provided in this title and the transportation system plan.

D. Once road improvements are completed, or performance bonds have been approved for such, a centerline survey, deed, and a description of the proposed right-of-way shall be submitted to the council. Deeds shall have the signatures of all owners of property to be dedicated.

E. Upon final approval by the council, and recording of the survey and deed, final plat partition or subdivision procedures can be completed.F.Expiration times for approval to create roads shall be the same as for tentative plans and final plats.

(Ord. 131 § 1 (part), 1999; Ord. 1-1990 § 23)

16.24.020 - Creation of ways.

Streets providing access to allow the partitioning of land shall conform to the standards for streets identified in the transportation system plan except that a private easement-of-way may be established without full compliance with these regulations. Such way may be approved by the council if it is the only reasonable method by which a parcel or parcels may be provided with access. A copy of the proposed document to create the easement shall be submitted to the council at least fifteen (15) days prior to the council meeting at which consideration is requested. The document and such information as may be submitted shall be reviewed by the council and, if assurances of adequate utility access as well as vehicular access is provided, the request may be approved.

(Ord. 131 § 1 (part), 1999; Ord. 1-1990 § 24)

Chapter 16.28 - EXCEPTIONS, MODIFICATIONS, APPEALS AND ENFORCEMENT

16.28.010 - Exceptions in case of large scale development.

The council may modify the standards and requirements of this title if the partition or subdivision plat comprises a planned unit development. The council shall determine that such modifications are not detrimental to the public health, safety and welfare and that adequate provision is made within the development for traffic circulation, open space and other features that may be required in the public interest.

(Ord. 1-1990 § 33)

16.28.020 - Modification application.

Modifications of the partition and subdivision dimensions can, upon application to the council, be approved to alleviate hardships, provided all of the following conditions can be found to exist:

A. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from tract size or shape, topography or other circumstances over which the owners of property since enactment of the ordinance codified in this title have had no control;

B. The modification will be in accord with the purpose of this title;

C. The interests of the public will be preserved, and such action(s) will not set a trend; and

D. That the modification will be the minimum needed to alleviate the hardship, and will not result in an undesirable change in area land values or property uses, or be otherwise injurious to other property in the area.

In approving a modification, the council may require such conditions as determined desirable to insure that the purposes of this title will be carried out, and that the uses provided for by the modification(s) will be compatible with surrounding area development.

The council shall deny application for modification(s) if all of the conditions above are not found to exist.

(Ord. 1-1990 § 34)

16.28.030 - Council action on modifications.

In granting or denying a modification the council shall make a written record of its findings which address the conditions in Section 16.28.020. In addition, when granting a modification, the council shall specifically describe the modification and any conditions which they may designate.

The city recorder shall keep the findings on file as a matter of public record.

(Ord. 1-1990 § 35)

16.28.040 - Appeal.

Decisions of the council may be appealed by either the requestor or any aggrieved resident.

A. If new information is to be presented, the council may hear an appeal of an earlier decision. Written notice of the appeal must be filed with the city recorder within ten (10) days after the decision. The notice of appeal shall state the nature of the decision or requirement and the grounds for the appeal, and include the new information to be submitted.

B. The city council shall hold a hearing on the appeal within thirty (30) days from the time the appeal is filed or its next available scheduled council meeting. The city council may continue the hearing for good cause. Following the hearing the city council may change or modify its earlier decision if such action complies with the spirit and intent of this title. The disposition of the appeal shall be final.

(Ord. 1-1990 § 36)

16.28.050 - Amendments.

An amendment to the text of this title may be initiated by the council, or by application of a property owner or his authorized agent.

Consideration of an amendment shall be made by the council at a public hearing. The planning official shall maintain a record of amendments to the text of this title or to the transportation system plan, in a form convenient for public use.

(Ord. 131 § 1 (part), 1999; Ord. 1-1990 § 37)

16.28.060 - Hearings.

Any hearing to consider a modification, amendment or appeal request shall be held only after publishing public notice of the hearing at least ten (10) days prior to the hearing in a newspaper of general circulation published in the area in which the land affected is situated.

Such notice shall indicate the time, place and purpose of the hearing, and a description of the land to be affected thereby. A hearing may be recessed providing the time and place to reconvene are indicated prior to the recess.

(Ord. 131 § 1 (part), 1999; Ord. 1-1990 § 38)

16.28.070 - Fees.

For the purpose of partially defraying the expense involved in investigating matters connected with applications and appeals and the action taken thereon, each activity initiated by property owners or contract purchasers shall be accompanied by a fee in accordance with a fee schedule approved by council resolution.

(Ord. 1-1990 § 39)

16.28.080 - Interpretation of provisions.

The council shall be responsible for interpreting the provisions of this title.

(Ord. 1-1990 § 40)

16.28.090 - Violation—Penalty.

In addition to penalties provided by state law, any person who violates or fails to comply with any provisions of this title shall, upon conviction thereof, be punished by a fine as provided in the Elgin zoning ordinance.

(Ord. 1-1990 § 42)